Popular (jovemment 
 
 A NEW AND SIMPLE PLAN 
 
 MAKING OUES EFFECTIVELY A GOVEENMENT "OF THE 
 
 PEOPLE, BY THE PEOPLE, AND FOR THE PEOPLE;" 
 
 PE ACTIO AL IMPEOVEMENTS FOE HOLDING 
 
 CONSTANTLY DETEEMINED WHO 
 
 AEE THE PEOPLE ; 
 
 EFFECTIVE METHODS 
 
 FOE OBTAINING LEGAL EXPKESSIONS OF THEIR BEST INTELLIGENCE. 
 JUDGMENT, AND WILL, IN ALL PUBLIC MATTEES. 
 
 BY JOSIAH RILEY AND W. S. ROSECRANS. 
 
 SAN FEANCISCO: 
 
 8KELT0N AND COMPANY, BOOK AND LAW PRINTERS, 
 ■4 ft 2 Q 8.^. Cor. Montgonitiy and Commercial St8. 
 ^ '^ ^ ^ ISVB.
 
 POPULAR GOYEPvNMENT 
 
 A NEW AND SIMPLE PLAN 
 
 MAKING OURS EFFECTIVELY A GOVERNIMENT "OF THE 
 
 PEOPLE, BY THE PEOPLE, AND FOR THE PEOPLE;" 
 
 PRACTICAL IMPROVEMENTS FOR HOLDING 
 
 CONSTANTLY DETERMINED WHO 
 
 ARE THE PEOPLE ; 
 
 EFFECTIVE METHODS 
 
 FOE OBTAINING LEGAL EXPEESSIONS OF THEIR BEST INTELLIGENCE, 
 JUDGMENT, AND WILL, IN ALL PUBLIC LIATTEES. 
 
 BY JOSIAH RILEY AND W. S. ROSECllANS. 
 
 SAN FRANCISCO: 
 
 BKELTON AXT) COMPANY, BOOK AND LAW PRINTERS. 
 S. AV. Cor. Montyouieiy and ComiiKTcial Sts. 
 
 isva.
 
 Entebed, according to Act of Congress, in the year 1878, by Josiah Eiley and W. S. 
 KosECKANs, in the office of the Libi-arian of Congress, at Washington. 
 
 STEEEOTYPED AT 
 
 PAINTER & GO'S TYPE FOUNDRY, 
 610 Clat St., San Fbascisco.
 
 
 TO THE 
 
 PEOPLE OF THE UNITED STATES. 
 
 Feixow CmzEKs: The following Memorial, and subjoined Act, are the result of the labors of the 
 undersigned, and of a patriotic son of an old New England family, who for eleven years was editor 
 and proprietor of the " Toledo " (Ohio) "Daily Commercial." 
 
 The design has been to reduce to ijractical form ideas of improvements in the working of our po- 
 litical system, which, for j-ears, Mr. Kiley had been revolving. 
 
 To arrest existing and prevent impending evils in State and national politics, requires something 
 more efficacious than philosophical discussions of their causes. Party — that " natural enemy of the 
 Constitution," business preoccupations, natural re.sistance to change of habit, disinclination to un. 
 dertake anything new, and the interests of hosts of ijolitical speculators and isarasites are formidable 
 obstacles to reform. 
 
 To overcome them requires the combined intelligence and will of all patriotic citizens. To secure 
 this combinatioQ, by saying the most in the fewest words, it was thought best to embody the ideas 
 in a Memorial to the State Legislature, asking the enactment of sx^ecified law, which, without in. 
 terrupting regular municipal and political life, would be thoroughly and immediately effective. 
 
 The Act was first adapted for the State of Nevada, as still appears in the text. 
 
 But, to bring the formative principles it embodies as early as possible before the people of every 
 State in the Union without waiting first to present it in Nevada, it was decided to print the Act and 
 Memorial in a general form, adapted to the use of the people of any State who believe in the prjnci. 
 pies, and are desirous of having them carried into practice by legislation. 
 
 General and xiublic discussion of these priuciples is earnestly invoked. 
 
 Objections, more or less well founded, to many details of the Act will doubtless arise. In antjci- 
 jiation of such it is emphatically declared that no attempt was made to attain perfection in these, 
 either in form, diction, or substance. 
 
 The aim has been to frame the substance of a law, which, without regard to existing State consti- 
 tutional and statutory provisions, would effectively carry into action the theory upon which rest all 
 our State governments, and to leave the esjiecial adaptations of the State laws and needful modifica- 
 tions to be the work of time and experience. 
 
 Respecting objections that may be hastily suggested to apparent complication and expense, under 
 the proposed system, the vmdersigned earnestly conjures every citizen who loves his coTUitry to con- 
 aider: 
 
 1. 'What and how greatly desirable are the changes it will work in our practical politics. 
 
 2. That where government rests in the will of the people, no expense needful to assure the 
 best and most certain legal expressions of that will should be spared. 
 
 A^Tiatcver free government and good laws are worth should be freely paid. 
 
 If we are to have a government of the people, there should be no hesitation about paying all need- 
 ful costs of ascertaining and keejiing constantly defined who are the people; and to have ready cheap 
 and convenient ways of eliciting legal expressions of their best intelligence, judgment and will. 
 
 y. If all the money, public and private, spent, and the time lost annually under the i^resent system, 
 go to secure but a shadow of the popular will, how much should be freely spent, if required, to ob. 
 tain its substance, as provided for under the proposed Act. 
 
 But, under the new system, electors may perform all their duties much more effectively, at much 
 less cost of time and money to themselves, and probably no more to the State. It is believed that 
 the annual cost per vote will be less than one-half that now required. 
 
 4. That simply by legislative (iiactiuent, with a few consequent modifications of its existing laws, 
 these new and beneficial methods can go infn operation in any State without material change or shock 
 to the existing course of things, and without interfering with any party organizations, 
 
 W. S. EOSECEANS, 
 Geakd Hotel, San Fraxcisco, January, 1878, 
 
 272328
 
 PREFACE. 
 
 A vagiie uneasiness about the future of oiir country is creeping over the minds of our 
 sturiliest patriots. It aflt'ects all classes throughout the Republic. We have been a na- 
 tion for over a hundred years, and, every day of that century, have been singing 
 hymns to the Goddess of Liberty ; and yet there is the growing conviction of an unex- 
 pected discrejiaucy between the boldness of our political platforms and the feebleness 
 of our i^raetical results. The tree of Liberty is still magnificent; but its fruit is a 
 little too sour. 
 
 This discrepancy shocks and benumbs the hopes of the strong, inspires ordinary 
 minds with doiibts, and takes the edge from all efforts for practical reformation in pol- 
 itics and government. 
 
 Kor are these doubts of the success of popular government confined to a few educated 
 minds, or to large capitahsts. Intelligent agricixlturists, manufacturers, artisans, and 
 laborers of all classes, share therein. They hear themselves called, by cajoling poli- 
 ticians, the "sovereign people," and know that the i^hrase is a mockery. They know 
 that it ought not to be so, and yet are yearly outraged by the fact, that neither their in- 
 telligence nor will has much part in dictating our representatives or rulers, or in making 
 the laws regarding their own or the public welfare. 
 
 The effects of these pervading and contradictory beliefs and experiences on the fu- 
 ture of our country can be only evil, and that continually; and, unless aixested, must 
 can-y us from bad to worse with accelerating speed. 
 
 We believe that these effects can and must be stopped, and their cause removed, and 
 appeal to every true American to help do it. 
 
 The following Memorial, with the ajjpended Act and exi^lanations, exempUfies how 
 it can be done. It is proposed, — not as a political essay, nor yet, as a masterjiiece in 
 form or matter, but — to intelligent freemen, as a certain, simple and efficient way of 
 j)utting the elective franchise where it really belongs, according to the theory of our 
 government, and keeping it there in vigorous operation. 
 
 It assumes that ours must be a government of the people, by the people, and for the 
 people, and proceeds to provide legal and convenient ways of reducing the theory to 
 practice. 
 
 It appeals to the common sense and free instincts of all citizens, especially to those 
 who have the most sense and the least say under the existing system. 
 
 If the i^roposed law can be carried into effect, and its future secured by constitutional 
 provisions, as suggested, we shall have such easy and convenient means of obtaining le- 
 gal expressions of the intelligence, judgment and will of our political people — the elect- 
 ors — as to assure us in practice the government of our theoretical choice. 
 
 We appeal to all citizens and associations, to teachers and students, and all who are 
 willing to labor for the common weal, and to all voters .whose necks, from year to year, 
 iinwilUngly bend beneath the yoke of party tyranny, to take a hand in this work. 
 
 Circulate the Memorial; discuss its principles; bring it up in your societies and clubs. 
 Get the jiress to aid, and, as soon as possible, bring it forward and secure the necessary 
 legislation. 
 
 ELECTOES. 
 S-iK Feanx'Isco, December, 1877.
 
 MEMORIAL. 
 
 To the Honorable, tlie Legislature 
 of the State of_ 
 
 Most of mankind have been and now are governed by "legal minori- 
 ties." Our government is based on tlie alternative princiiole that "the 
 majority shall rule through legal forms." To that princij^le we are 
 irrevocably committed by the general convictions of our people and by 
 the impossibility of changing it without destructive revolution. Wedded 
 to it, " for better or for worse," by " love and aff'ectiou," no less than by 
 the law of our growth, it is the bounden duty of every citizen to use all 
 diligence to secure to present and transmit to coming generations the 
 best possible government " of the people, by the p)eopAe and /b?* the jyeople." 
 From this duty no discouragements can dispense; nor shams, frauds or 
 abuses in practical politics exempt him. He must sternly examine into, 
 judge, denounce and avail of every practical means to extirjDate them. 
 
 Your Memorialists firmly believe in the princiiole that government 
 should be " of the people, by the people, and for the people," and that 
 as citizens they are obliged to put it into practice. They also think, 
 that, making due allowance for the vitalizing and unifying effects of our 
 rivers and railways, and the general ownership of property, the war of 
 the rebellion tested its strength in a manner seldom paralleled in history, 
 and that its triumph is a demonstration cf its soundness and practica- 
 bility. They believe that present practices, which our citizens recognize 
 as evil, and the greater mischiefs their continuance threatens, are not due 
 to our fundamental princii^le. They respectfully invite your attention to 
 some of the worst of these evils, in order to ask you to enact laws which 
 they think will promptly mitigate and finally extirpate the most of them. 
 
 The prominent feature in our " government of the people" is, that it is 
 " by representatives and through legal forms." The working points in it 
 are the suggestion, selection and election of representatives, and the 
 mode of effectually ensuring that, while acting as such, they really repre- 
 sent the i)ublic intelligence, the public conscience, and the public Avill. 
 Unless we can at least approximate to this, our theory evidently fails, 
 and like all shams, must produce fruit of its own kind. 
 
 What is our pretierit pn'acltce ? We have no means provided by law for 
 suggesting candidates, nor for selecting them, without which they cannot 
 be intelligently chosen by electors who, individually, cannot know them
 
 2 MEMORIAL. 
 
 or cominaiiil time nnd data to canvass their merits. Througli lack of 
 Bucb le-^ul means electors gradually and against their true interests 
 have been driven to accept of such aids as parties, by their caucus sys- 
 tems, have found it their interest to provide. 
 
 These parties now think and boldly tell the people of this great Ee- 
 jniblic — " You cannot select candidates, nor induce j'our electors to per- 
 form their civic duties, without the means and appliances which -we 
 control. ^Ve present you our platform of professed princijiles, ofi'er our 
 guarantees and pi'oposo to administer your government, which you are 
 incapable of managing, on condition that you will place at our disposal 
 all its otHces and emoluments." 
 
 Seeing no legal help, i-eluctantly and resistently, for the last sixty 
 years, electors have gradually acquiesced in this humiliating i:)roposition, 
 until now, while every freeman's instinct recalcitrates against it, we 
 have, in practice, " a government of party , for j^cirty , and by jiarty." Let 
 us now enumerate some of the fatal results. 
 
 First— Public faith in free government is undennined by the assertion 
 that the people can only govern when organized into a party instead of a 
 body politic, backed, as this is, by the actual practice that ours has be- 
 come one of party, and that opposing parties have no principles or rights 
 which the dominant one is bound to respect. 
 
 Secoxd — Our 2''ublic legislation has given us innumerable crizde and 
 often conflicting laws; loaded us with debts, municipal, state and national, 
 large percentages of which are the results of ignorance, recklessness of 
 responsibility, and corruption in expenditures. 
 
 Third — It has burdened us with direct and indirect taxation almost too 
 great to be borne, even by a people full of life and energy, blessed with 
 the i-iches of a still virgin soil, unrivalled timber and mineral resources, 
 and continually reinforced by a strong influx of vigorous and trained 
 industrial immigrants from other civilized countries. Our taxation per 
 centum is believed already to exceed that under any European monarchy. 
 
 Fourth — Public offices are generally bestowed as rewards for personal 
 and partisan sei^ices, and administered with the primary object of main- 
 taining personal and partisan ascendency, and are multiplied to pension 
 jDarty servants. 
 
 Fifth — Eveiy where large sums are paid to secure public offices of 
 moderate salaries, in expectation of regaining the monej^, with compouiid 
 interest, indirectly and by ways unknown to the toilers and taxpayers, 
 out of whom, jSnally, it must come. 
 
 Sixth — During election campaigns immense amounts are expended to 
 disseminate partial, erroneous and false information, designed to obfus- 
 cate and ensnare the jDublic judgment, and to buy the votes of those who 
 care little Avho rules — all with the firm determination that the amounts 
 shall be gotten back out of the people. 
 
 Seventh — To all this fearful amount of i-esulting secret taxation and of 
 voluntaiy contributions levied, must be added the losses to- the business 
 and industiies of the people, by frequent changes in offices and the in- 
 evitable inexperience and personal venality of many of the officers, arising 
 therefrom. 
 
 Eighth — The frec[uent arraying of all partisan electors into hostile
 
 MEMORIAL. 3 
 
 camps among whom, tlius arraved, the desire of triumpli dominates all 
 others, and drowns the voice of reason and conscience to snch degree 
 that means and practices are used without scruple to ensure success, 
 which, employed to obtain goods or money, would be held infamous in 
 jDrivate life and punished as felonies under the law. 
 
 Ninth — The lowering of the general character of all grades of public 
 officials, which is now commonly i-ecognized as inferior to that of em- 
 ployees occujjying positions of corresponding importance and responsibil- 
 ity in private and corj^orate business. Everywhere, of late years, in spite 
 of increased diffusion of education, this lowering has been going on 
 with accelerated speed, and proves the existence of a permanent and 
 radical cause, which, if not removed, will soon undermine general 
 respect and confidence in the integrity of the public service, which ought 
 to stand as much higher than private, as the body politic is greater and 
 more lasting. 
 
 These are a few of the universally acknowledged evils, the effects 
 of which are so fearfully manifest throughout the Eeijublic. Your Memo- 
 rialists abstain from enumerating the minor outgrowths with which the 
 press daily teems. These evils have all grown with our growth and 
 strengthened with our strength. Evidently they must be due to some 
 great and general cause. But no matter what that cause, as we have 
 seen, citizens are bound to oppose and extirpate them, or allow free gov- 
 ernment to descend the grade of universal corruj)tion, license and anar- 
 chy, toward final despotism. 
 
 To-day the laws which control this state and nation, with all their great 
 and manifold interests, grow out of primaries and conventions, as as- 
 suredly as the plant from its seed. As already said, hitherto these ger- 
 minating points have not been under public control, nor managed in the 
 i^ublic interest. They are controlled and operated by individuals for per- 
 sonal and partisan ends and to benefit the wire-pullers and leaders, to the 
 exclusion of the general public and all outside of their ring. 
 
 The resulting nominations are the legitimate fruit of this evil tree. 
 They are seldom the fittest, and often the worst, for the public service. 
 And yet, under existing methods electors are compelled to support them 
 or throw away their votes. 
 
 Your Memorialists boldly admit that these e\'ils are due to a general 
 cause, and as boldly avow their belief that this general cause does not 
 lie in the nature of our principle nor of the institutions founded thereon. 
 They not only believe that the legitimate end of human government is 
 " the good of the governed," but that the majority, rather than the mi- 
 nority, aided by means of guidance open to all, is the best judge whether 
 that good is attained. 
 
 They believe that most of the evils enumerated, and others — actual as 
 well as impending — are the logical and natural result of a failure to j)ro- 
 vidc by law Huilable means of d rawing out the best expressions <f the iatelli- 
 ge)iee, judgment and loill of the great body of the j)eople. 
 
 Tliey therefore pray you to make such laws as will secure these results. 
 They ask you to provide legal means whereby, without regard to party, 
 all electors may take part in initial and intermediary, as well as in the 
 final action of elections for the choice of public servants and public 
 measures. 
 
 Nor do they think the work will be complete until provision is made by 
 law, so to connect public officers with the people they represent, that
 
 4 KEASONS FOR THE ENACTMENT 
 
 practically tlio servant shall not bo above his master, or lonjsf be able to 
 continue in any career of inisrepresentation, non-feasance or malversation. 
 To this end, they append to this Memorial the substance of an Act 
 which they believe will, in part at least, answer the purpose ; and submit 
 some reasons for and some benefits expected to result from its enactment. 
 
 BRIEF STATEMENT 
 
 OF THE PtEASONS FOK, AND ADVANTAGES ANTICIPATED FPOM, THE 
 ENACTMENT OF THE PROPOSED LAW. 
 
 CHAPTER I, 
 
 The Lcav of Human Life and Popular Government — How Best it can he 
 
 Fulfilled. 
 
 "The law of human life," says J. Freeman Claeke, "is that the devel- 
 ojiment of differences must precede their reconciliation." This is the 
 law, also, of democratic government. For the purposes of such devel- 
 opment and I'econciliation, and for the necessary development of the 
 nature and extent of existing concurrences, not less than three political 
 processes are required : 
 
 First — It is necessary to elicit from the electors full and authentic 
 information as to their differences and agreements. 
 
 Second — There must be primary action for the reconciliation of differ- 
 .ences, such as the nomination of persons for public office, and expi-es- 
 sions for or against sjoecific propositions and declarations as to public 
 affairs." 
 
 Thikb — There must be final action upon such nominations, i^ropo- 
 sitions and declarations. 
 
 These, essentially, are public duties; yet all but final action have been 
 and are left entirely to the control and regulation of political parties. 
 This being our present political condition, it is important to know ia 
 what manner those organizations perform the political duties which 
 they have undertaken, and whether it may not be possible to devise a 
 better system. 
 
 Since political parties have given us our law to the extent indicated, it 
 may be jirofitable to observe what agencies they have found necessary to 
 provide and employ. We see — 
 
 First — That each party maintains a permanent organization. 
 Secont) — That it maintains permanent officers, ready at all times to 
 attend to the duties of their positions. 
 
 We find that the duties of party officials are to canvass the electors. 
 In other words, to take a census of them ; to gain information as to the 
 partisan or unpartisan positions or proclivities of electors; to call and 
 in-ovide for party meetings, caucuses, primaries and conventions. Pai--
 
 OF THE PROPOSED LAW. 5 
 
 ties also j)i'ovicle, to a certain extent, for the assistance and accommoda- 
 tion of electors whose votes, otherwise, they might lose. 
 
 We may take it for granted that similar, but more perfect arrange- 
 ments, extending to all elections, are necessary for j)opular political 
 action. There should be, then, for this i^urjiose, a permanent public 
 organization, and permanent public officers. These are provided in the 
 proposed Act. It provides, also, for the formation of Registration Dis- 
 tricts of sj^ecified extent, throughout the State, in each of which there is 
 to be one of these officers, to be called the Register of Elections, whose 
 official duties are clearly specified, and who is required, either himself or 
 through his deputies, to do all that may be necessary for the assistance 
 and accommodation of all the electors of his district. There are provi- 
 sions, in the proposed Act for the regulation and control of initial and 
 intermediary popular action. These will be uniform in their operation, 
 and, in the largest sense, public. These provisions will secure to all 
 electors the same rights and opj)ortunities. This cannot be done by 
 party arrangements. Parties necessarily are exclusive. Each party 
 excludes all persons not committed to its policy and candidates. Non- 
 partisans are excluded from all political j)arties. The privileges and 
 benefits of partisan association are all conditional: the conditions 
 involving the concealment or suppression of all imj^ortant adverse opin- 
 ions, and the surreneder of the right to act in accordance with convic- 
 tions of duty, on any subject, in opjDOsition to the interests or creed of 
 the party. Thus the development of differences, and public knowledge 
 of their existence are prevented; and thus j)artisans are forced into 
 unreal but seeming concurrence. 
 
 Dilferences within parties that cannot be concealed or repressed, result 
 in creating factions within the parties, or in their disseverance. In the 
 former case, there invariably occurs within the party a straggle of the 
 opposing factions to control. The stronger or more cunning faction 
 succeeds in this object, and then proscribes and silences the opposing 
 faction, which thereafter, like all minorities within parties, is little re- 
 garded. Individual partisans, who difter from the ruling power of their 
 party, must submit and remain silent when their party has acted ad- 
 versely, or be ruled out of the organization. From all this, it is plainly 
 to be seen, that the develojjment and reconciliation of difierences cannot 
 be effected through parties; and that parties are unfit for the duties they 
 have assumed, and for which they have been considered the proper and 
 necessary agents. 
 
 Let us look in another direction and advert again to the proposed Act. 
 As already stated, this will provide for each district a Register, to act 
 impartially under legal control and direction. It is made the first duty 
 of a Register to ascertain who are lawful electors of his district, and to 
 keep a registry of such electors, making the necessary corrections from 
 time to time. His next duty will be, at a certain time, sufficiently early in 
 each year, to send to each elector of his district a blank sheet suitable for 
 the purpose, and invite him to express thereon his opinions and wishes as 
 to public matters, and to impart such information, with respect to public 
 affairs, as ho may possess and deem of public benefit. Thus, all difier- 
 ences and shades of difference will be developed; and an important part 
 of the " law" referred to in the opening quotation will be perfectly ful- 
 filled. This expression will also show the nature and extent of popular 
 concurrence. 
 
 The next f.tep will be to effect the reconciliation of existing differences. 
 The conditions which will bo established by the proposed Act will be as
 
 6 REASONS FOR THE ENACTMENT 
 
 favoi-fiWo as possililo for tins object. Tllerc being no artificial political 
 distinctions or barriers between citizens, all may freely meet and act and 
 re-act on each other. All opinions, and shades of opinions, will be rep- 
 resented. The minds of citizens will not be closed by partisan prejudice 
 against facts and arguments tending to change or modify their opinions 
 Information and instruction Avill besought in every quarter. Opinion 
 will thus be modified and differences decreased. A strong tendency o pop- 
 ular concurrence, in support of certain persons for public office, and of 
 certain propositions as to public measures and policy, will begin to make 
 itself manifest. The results of the primary elections, in which all elect- 
 ors will freely and equally participate, will show how far differences are 
 thus reconciled. This will further enlighten the public mind and ripen 
 the public judgment; so that, at the first election the majority of the 
 electors will timl the least difficulty in coming to intelligent, and impartial 
 decisions on the various questions presented, or in the selection of good 
 public officials. In results thus reached all electors will more willingly 
 acquiesce. 
 
 Under this plan the principal labor and care will devolve on the of- 
 ficers employed and paid by the public for this service. The familiarity 
 with their duties, which they will soon acc[uire, and the public facilities 
 at their disposal, will enable these officers to perform their duties much 
 more efficiently and satisfactorily than they are now performed by parti- 
 san officials and for partisan ends. From the benefits of this service and 
 these facilities no elector will be excluded. 
 
 Let us now compare, more particularly, the pecidiarities and advantages 
 of the two systems. 
 
 CHAPTER II. 
 
 The Principle of Supporting the Best Men and Memures, etc., the True 
 Principle — Parties do not and cannot act upon it — The proposed Act per- 
 fectly adapted for carrying out this Principle. 
 
 The principle of supporting the best men, measures and policies, is 
 fatal to party inile, and therefore is not, and cannot be, tolerated by par- 
 ties. But this manifestly is the right principle, and it is that upon which 
 the better citizens desire to act. Party compels those dependent upon 
 its favor and all who are thoroughly committed to it, to support all its 
 actions, good and bad. It thus gains the power, which it constantly em- 
 ploys, of effecting evil, under cover and by means of the good it supports. 
 This is one of the worst features of the party system. Another of its bad 
 features is the indiscriminate opposition of each party to the good, as 
 well as the evil, x^roposed or accomplished by the party to which it is 
 opposed. Nothing could more clearly show the unfitness of political 
 parties to manage and control popiilar action, than the fact that they are 
 constantly impelled, by their interests and policy, to oppose and prevent 
 the concurrence of good citizens in support of those whom they regard 
 as the best men for public officials, and of the measures and policy which 
 they deem most advantageou.9 to the public. 
 
 The principle of supporting the best men, measui'es and policies, will 
 be the necessary nile — the standard of public judgment as to right politi- 
 cal action under the proposed system. Under it there will be nothing to 
 prevent, but everything to induce and urge, good citizens to unite upon this 
 principle. The support of one good measux'e, or candidate, will not be 
 to hold, recjuire or justify, the support of any bad measure or candidate. 
 Consistency and inclination will prevent such conduct.
 
 OF THE PROPOSED LAW 
 
 CHAPTEE III, 
 
 The Party Appliances hy which Men are held permanently in the same rela.- 
 tions, regardless of actual Changes and Divisions of Opinion, not fitted 
 for the Actual Life of a Free People. 
 
 The principal argfument in favor of organized political parties is, that 
 they fnrni.sh the only means -u-hereby those ^vho agree in public matters 
 can combnie for united political action. It Vv-ill be obvious, from Avhat 
 has been i^reviously said, that parties begin their processes of combina- 
 tion before there is a proi:)er basis on which to unite. This they do l)y 
 recognizing or assuming the existence of certain broad and marked dif- 
 ferences, and ignoring or disregarding all other diversities of public 
 opinion. In making up their party creeds or iDlatforms, parties reverse 
 the methods recognized as necessary in all other fields of discussion, by 
 first settling fixedly upon their conclusions, and then searching for the 
 greater part of the facts and arguments by which they may be supported. 
 Adopting these conclusions as the basis of their action, they make up 
 from them and present to the public a few distinctive party issues, to 
 which they permit nothing to be added, and from v\-hich they suffer noth- 
 ing to be" taken by their partisans. In favor of these issues all others 
 must be postponed or repressed. No matter what facts subsequently 
 appear, or what new light may be thrown by discussion upon these sub- 
 jects, the party creed is unalterable. Citizens are imnaturally forced 
 into total agreement or total disagreement. "While it is clearly evident 
 that this is not a proper method for the development and reconciliation 
 of diiferences, it must be acknowledged that nothing essentially better 
 can be produced by i)olitical parties. Admitting the necessity of such 
 persistent adherence by parties to their foregone conclusions, and of 
 Buch X)ostponement or suppression of all but the few distinctive and con- 
 trolling party issues, the fact of this necessity demonstrates most clearly 
 the insufiiciency and unfitness of political parties, as the agencies for 
 popular action. They are manifestly incompetent to furnish the requi- 
 site facilities for such action, except upon the few issues of their ov/u 
 selection; and for those only upon the basis of their preconceived and 
 necessarily unenlightened and imperfect opinions. 
 
 A proper and sufficient system must furnish facilities for public expres- 
 sion and action at every stage, and upon all subjects, upon which citizens 
 may desire to act. The impropriety and impolicy of conceding to parties 
 the entire control of primary processes will appear when we consider the 
 fact, that the very existence of parties depends upon the perpetuation of 
 existing differences. When these are reconciled no basis for the existing 
 parties remains. Hence, nothing is more natural than that parties should 
 seek to keep alive these differences. It is obviously the interest of par- 
 ties to create and perpetuate differences, where otherwise none would 
 exist. Party is the natural product of those societies in which there are 
 broad and permanent distinctions, such as those of class, or caste. It can 
 only be an antagonistic and sul)versive element in a democratic state. 
 
 Under the proposed Act there will be every necessary facility for 
 natural combination and inter-action. Citizens will not be compelled to 
 act together further than they really agree, nor can they be prevented 
 from so acting upon subjects with respect to which differences no longer 
 esdst.
 
 REASONS FOR THE ENACTMENT 
 
 CHAPTER IV. 
 
 Partri Aaccmlency due to Ilabif and want of necessary Legislation — Habits of 
 I'i(bliv Action arc not clmnf/cd ivWioiU Change of Law — Change of Opin- 
 ion must Precede Change of Law. 
 
 Because party is not established by law, it is considered by many a 
 wholly voluntary system. It is supposed, by such persons, that nothing 
 but the Avill is wanting for the overthrow of the party government. The 
 continued existence of parties and the general acquiescence in party rule 
 are regarded as proofs of the merits and necessity of the party systems; 
 but the truth is, that these things are princij)ally due to want of proper 
 legislation and to the force of habit. 
 
 If parties are indeed necessary agents for popular action, they will 
 continue to be so under such legislation as wi'l enable the people to act 
 independently of them. But, it is believed, that organized political par- 
 ties, such as we now have, will not long exist under the conditions that 
 would be established by the proposed Act. 
 
 To effect this change, it is only necessary thoroughly to enlighten the 
 public mind as to the advantages it promises and the means by which it 
 may be accomplished. Public opinion, already well advanced, though 
 not fully ripe, upon this subject, will then demand it. It is generally 
 conceded, that party should not be regarded in local politics; but it will be 
 found, that there cannot be one rule for local and another for state and 
 national affairs, at least, so far as the people act directly in each. If 
 party controls in either, it will control, more or less, in all. It will fur- 
 nish the candidates and frame the issues. 
 
 The proposed Act, or one like it, is the only means whereby we can 
 secure a complete emancipation from the tyranny of party, even in our 
 local public affairs. "The fallacy of the theory that habits should 
 change befoi^e the law is changed," says Mr. U. M. Eose, "is, that habits 
 are controlled by law, and cannot change until the law is first changed." 
 In the absence of the statute law, parties have assumed and exercised 
 extra legal powers, which by acquiescence and by continued neglect of 
 proper legislation, have become as well established and as effective as 
 though they had been derived from positive law. Hence, the above 
 quotation applies to the proposed jiolitical change. "The law," con- 
 tinues Mr. EosE, "is not usually altered by change of habit, but by 
 change of opinion. To assert that no good can be done by legislation, 
 is to assert, that though men may make good rules for their guidance, 
 when they are not specially trying to do so, they lose this faculty the 
 moment they give their best attention to the subject." So, certain party 
 advocates would have us believe that our political arrangements should 
 be left to the direction of chance, or to the pleasure of self-interested 
 organizations, rather than to the rule of intelligent and impartial law. 
 
 " The laws," says Chief Justice Cooley, " give us the best insight into 
 the character of a people. The laws are not merely their professions. 
 They are the professions which they consent to carry into practice. If 
 these rules tolerate a vice, we know that the general sentiment of the 
 times is not willing to outlaw it. If they condemn a vice, we know that 
 indulgence must be so far exceptional that tlie common voice calls for its 
 punishment." This, to a certain extent, is true as to the vices of the 
 l^arty system, but does not fully apply to that system, on account of the 
 control which parties exercise over legislation. When the people have
 
 OF THE PROPOSED ACT. 9 
 
 more direct power over initial and intermediary action, we sliall know 
 exactly what they approve or disapprove, what they think and what they 
 wish. 
 
 CHAP TEE V. 
 
 Beformation of Parties — The Subserviency they Require — Advantages to the 
 Citizen of the proposed Act. 
 
 Anything more difficult than the reformation of a joarty long addicted 
 to evil practices, by action within itself, cannot v/ell be conceived. 
 These practices are so profitable, or promise so much profit to the party 
 managers, and these managers are so well secured in their positions, and 
 so tenacious in their hold uj^on them, that their removal is seldom prac- 
 ticable. Even when such a change is eifected, the anticipated reforma- 
 tion is seldom, if ever, realized. Chang-e of party officials effects no 
 change of the party system. The illegitimate power, the facilities for 
 abuse, and the temptations thereto, remain, and are not easily resisted. 
 The slight changes for the better that may be effected, under extraordi- 
 nary circumstances, are never permanent. The ordinary course of par- 
 ties is from bad to worse. While the prospect of " reform within the 
 party " is thus unpromising, the partisan who fails in an effort to accom- 
 plish it is thereby placed in a trying and often in a very humiliating 
 position, since he must either support his party in all its abuses, or be 
 cut off from it, and be denominated as a "bolter," and " j)olitical rene- 
 gade." " A i^ersistent reformer within the party " invariably finds him- 
 self outside of its organization in the end. The person who would stand 
 well with his paiiy must improve every opportunity of being useful to its 
 managers. He must assist them in caucus; work at primaries for the 
 nomination of their delegates; in convention for the nomination of their 
 favorites. He must pay his assessments promptly. He must not shrink 
 from the use of any means by which party politicians gain success. If 
 he has any special political object to accomplish, he must make it for the 
 interest of the managers to support it, or he will fail. Under the party 
 system good can never be accomplished " by way of good." 
 
 Nothing could be more striking than the contrast which the position of 
 the ordimary partisan will present, to that of the citizen under the pro- 
 posed Act. The latter will be at perfect liberty, in all stages of political 
 action, to pursue that course which his judgment and conscience may 
 direct. He will not be required to attach himself to any political organ- 
 ization, or to perform any party seiwice. He need not consult the pleas- 
 ure or interest of any one. He may remain at home, or at his usual 
 place of Ijusiness or employment, yet discharge every political duty, and 
 exercise his due political power. He may confer freely with his f ellovv'- 
 citizens of all shades of opinion, and gain information and instruction 
 from every available source. He may legally express his opinions, de- 
 sires and preferences as to public matters, in the perfect assurance that 
 they cannot be falsified or misrepresented. He may rely upon the au- 
 thenticity of such expressions by his fellow citizens. He may freely 
 recommend and support for public office those whom he deems best fitted 
 for the public service. He will remain uncommitted by his own expres- 
 sions as to future action, being always at liberty to support that action 
 v.-hich he believes best under the existing circumstances, and to make 
 the best available choice of public officials. Electors may freel}- and 
 2
 
 10 REASONS FOR THE ENACTMENT 
 
 lai-r^clv consult their personal fcelinpfs and tastes as to the manner in 
 ■svhifh' thoy Avill perform their political duties, and exercise their political 
 rii^hts. Thej- will have, also, more latitude as to the time of doingf this. 
 Ill all staples of political action it will he necessary for those seeking to 
 accomplish political objects to consult the personal opinions and wishes 
 of the electors, who will therefore command, at all times, their proper 
 consideration and iuHuence. There will be no power Avhich can defeat 
 or obstruct political reforms approved and supported by a majority of 
 the electors. 
 
 CHAPTER VI. 
 
 How the Party System Restricts the Liberty of the Citizen. 
 
 Few persons, accustomed to act with party, realize the extent to which 
 their liberty is restricted by the party S3''stem. Choice of public officials 
 should extend to all persons legally qualified. Under the party system 
 this choice is restricted, first, to the members of one party; and, sec- 
 ondly, to its nominees. The partisan is not at liberty to support other 
 persons, however superior their qualifications. 
 
 The fact of being a partisan reduces primaiy choice at least one half, 
 and at final elections the partisan has no freedom of choice. It is con- 
 sidered that he has no right to "make or meddle" in the affairs of an 
 opposite ])arty. Parties so control, that initial action is not practicable 
 except through them. Thoroughly independent citizens cannot make 
 use of these agencies; yet they have more real power, in the end, than 
 partisans. It is often the more independent who decide results as be- 
 tween parties; and it is to gain their votes that much of the camjjaign 
 work of parties is done. Nevertheless, it is clearly the duty of a popu- 
 lar government to provide means through which its inde^^endent citizens 
 can act; otherwise, their theoretical liberty of choice is practical constraint 
 and prohilntion of action. 
 
 The proposed system will emancipate the citizen from his servitude to 
 party. Under that system his political influence will depend principally 
 U2:)on his intelligence, activity and worthiness; as electors will be inde- 
 pendent of party caucuses, primaries and conventions, and can act with- 
 out the consent or assistance of those who control them. The purchasa- 
 ble element will lose its importance, and those who seek to gain their 
 ends by its aid will injure, rather than assist, their cause. The " baser 
 sort" of politicians, having thus lost their power over political results, 
 their promises of support or favor will be of no value, and will be neither 
 sought nor regarded. 
 
 CHAPTER VII. 
 
 Parties not Competent to Famish the Best 3Iethods. 
 
 As the most successful and firmly established party does not control 
 the entire powers and resources of the community, state or nation, and 
 parties out of power have no public resources, it follows, that parties 
 could not furnish the best possible facilities for public action, were they 
 so disposed. Even though parties did cany out. so far as possible 
 Avithin themselves, the law of human life and popular government with 
 respect to the development and reconciliation of difierences — which, as 
 we have seen, they absolutely prevent — they would not be proper and 
 sufficient agencies for the purposes of such goverumont. As i)arty ob-
 
 OF THE PROPOSED ACT. 11 
 
 jects are self-interested, narrow and antagonistic, and parties are man- 
 aged in the interests of the few who control their action, there is no 
 reason to believe that they will even make a sincere effort to provide the 
 best facilities. When we consent to the control of parties on the ground 
 of necessity and convenience, we sacrifice the ends of free government 
 for the means, but do not gain the means. 
 
 A government of the people, /b/- the people, and h\j the people, repre- 
 senting all public interests, and controlling all public I'esources, is capa- 
 ble of providing and maintaining better conveniences for all public 
 action than parties possibly can furnish. Not only is such a government 
 more comi^etent for these purposes; it is the only suitable agency to jDro- 
 vide i^rocesses, effective and participated in by all electors. No organ- 
 ization having certain legitimate objects can safely ignore or neglect 
 its proj^er duties; and it will be found more effective for the fulfillment of 
 these duties, if confined and directed solely to their accomplishment. 
 This latter truth was well illustrated and enforced by the celebrated 
 Macacley in his arguments against a state church. 
 
 The relations of a political party, established .in power for the time 
 being to the government which it controls, is, in some respects, like 
 that of a state chui-ch to the government in which it is established; but 
 as the former then controls all public service for its own benefit, the 
 objections to its supremacy are far greater than those to a state church 
 in its more limited sphere. The party, like a state church, has its dis- 
 tinctive interests and its exclusive tests. The effect in both cases is to 
 divert the public j)owers from their legitimate objects, and to exclude 
 competent men of other beliefs from joublic service, thereby inflicting a 
 direct and sometimes a very serious loss upon the State. It is evident 
 that no exclusive organization is fitted for a service which requires that 
 the public interest shall be always paramount. 
 
 CHAPTER YIII. 
 
 The Question of Complication. 
 It may be objected, inconsiderately, that legal arrangements for the 
 regulation and control of all political action will be complicated and dif- 
 ficult to put into practice. This objection involves the assvunption, so 
 well re^tited by Mr. Eose in the extract quoted, that "men lose their 
 faculty for making good rules for their guidance, when they give their 
 best attention to the subject." Each pai-ty now provides its own regula- 
 tions and arrangements, as its interests and circumstances, or chances, 
 or caprice, may determine. This gives us different, and often diverse 
 methods. The only way to bring order out of our political chaos, is to 
 establish, by law, a uniform and simple, yet effective, method. For 
 want of this, our politics are hopelessly comiolicated. Parties finding 
 the existing state of things to their advantage, will do nothing to amend 
 it. So long as we are without the necessary legal regulation, our politi- 
 cal system will lack the conditions of simple, orderly and effective move- 
 ment. It would be wonderful, if with sucli defective arrangements, we 
 did not realize the evils and diiliculties wliich we now experience. Were 
 there like neglect of unity and method in the business of a single 
 department of the government, or of an individual, it would cause such 
 confusion and complication therein that the business could not be carried 
 on. The proposed law is intended to supply the necessary conditions, 
 and it is believed that it will furnish greatly increased and improved
 
 12 REASONS FOR THE ENACTMENT 
 
 facilities for public action. Under this law the meclianical and clerical 
 labor, and all matters of mere routine, will be performed by public offi- 
 cers, and the electors will be thus relieved from much of the care and 
 annoyance to which they are now subjected. Every elector will be ad- 
 dressed, in the name of the whole people, and invited to express his 
 opinions and wishes, and also to impart such information as he may 
 possess and deem of public benefit. What method of political action 
 could be more simple and satisfactory, or more easy for the elector who 
 wishes to take a proper part in public affairs ? It will be as convenient 
 to vote at public primary elections as at party primaries, and much more 
 agreeable. Under this simple and direct method we will avoid the dis- 
 order and confusion incident to our party system. 
 
 CHAPTER IX. 
 
 The Ideal Official — This ideal may be realized under the proposed Act. 
 
 The " ideal official" has been described as " a carefully chosen man of 
 broad cultivation, aesthetic tastes, patriotism that includes the whole 
 countiy, and a power of independent judgment that cannot be swayed 
 by the bribery of influence, nepotism or corruption." As a rule, such 
 men are excluded from public life under our party system. The doctrine 
 of the necessity of party, involves the necessity of abandoning the prin- 
 ciple that the best man shall be chosen. Parties could not exist, did they 
 cease to hold up the public offices as the rewards of partisan service. 
 " A tree is known by its fruits." The character of a majority of the men 
 who secure office under the jDarty system condemns it as unfit to make 
 proper selections. 
 
 The proposed system is perfectly adapted for the selection for public 
 office of the persons described as "ideal officials," Under that system 
 they would become our actual officials. 
 
 CHAPTER X. 
 Evils of Party Legislation. 
 
 GoLDWTN SivnTH says: "Mere party politicians cannot afford to see 
 beyond the hour. Under the system of party government, forecast and 
 freedom of thought belong usually to those not engaged in public 
 affairs." 
 
 Party governments are as little fitted to enact proper democratic legis- 
 lation as to choose proper public officials. As a rule, partisan legislation 
 is partial, inconsiderate, capricious and coiTupt. It enriches individuals 
 and combinations, at public expense, makes extravagant grants, and 
 creates all those groat al)uses which are made the rejjroach of popular 
 government. Our excessive legislation, and frequent wanton change of 
 law, attest the instability and insecurity resulting from the party system. 
 These have been considered, improperly, as due to democratic govern- 
 ment. 
 
 Under no system of government have there been aiTangements afford- 
 ing so many securities as to legislation, or enforcing so much care and 
 consideration, in the enactment of laws, as is required under the pro- 
 visions of the proposed Act. Measures will be first recommended or 
 suggested by the electors in their retui-ns of information. They will be
 
 OP THE PROPOSED LAW. 13 
 
 discassecl and considered from the time of such returns to the time of 
 the primary elections, whea the electors may express their opinions defi- 
 nitely as to their merits. Measures thus approved by a majority of the 
 electors concerned vvill be more thoroughly discussed and considered 
 from the time of the primary to that of the final election, when the ma- 
 jority of the electors may instruct their representatives with reference 
 thereto, as they may desire. The legislative authorities will then be 
 required to frame the acts necessary for carrying such instructions into 
 effect. After which such acts will be submitted, for a sufficient time, to 
 the electors for their sanction. It is believed, that a better method for 
 correcting and preventing the existing evils of our legislation, especially 
 with regard to expenditures and the creation of public debt, has never 
 been devised. This is the natural and proper method, in a popular gov- 
 ernment. Under it a true science of legislation will be practicable. The 
 proposed Act provides means whereby contested questions may be 
 brought to a speedy and satisfactory settlement, and thus be removed 
 i!rom the public mind, as permanent causes of irritation and difference. 
 
 CHAPTEK XI. 
 
 Instruction — Popular Sanction — Displacement. 
 
 The right of instruction, which is declared in our State Constitutions, 
 has become a dead letter under party system. Party interests also oppose 
 the requirement of popular sanction to legislation, and to such popu- 
 lar control over public officials as that given by the power to displace 
 elective officers. This opposition is natural, since these provisions tend 
 strongly to the destruction of the jmrty system. 
 
 The provisions of the proposed Act for instruction, popular sanction 
 and displacement of public officials, are valuable means for the enforce- 
 ment of the public will. Their oi^eration, for the most part, will be 
 " silent but effective." Piiblic trusts are not so often violated from igno- 
 rance of duty, as from a corrupt and perverse will. Our jDoliticians are 
 shrewd observers of the state of the public mind. "When they act 
 against right and public opinion, they do so consciously, depending for 
 their immunity upon party supj)ort. Under the provisions referred to, 
 this dependence would fail them. They would then become so careful 
 and complaisant; so quick to observe the indications of public opinion, 
 and so obedient to it, that instruction or displacement would seldom be 
 necessary. 
 
 Under the requirement of popular sanction, few measures would be 
 enacted which the majority of electors did not desire and would not 
 appi'ove. All real pojDular control, over public action and public officials 
 in destructive to party. 
 
 CHAPTER XII. 
 
 The Party Sijidem Unfavorable to Intelligent Action. 
 The party system does not supply the conditions necessary to intelli- 
 gent action, even to its own managers, much less to the ordinary jjarti- 
 san. It has been said, that the greater part of our knowledge dei)ends 
 upon our percejitions of differences. Parties take no means for ascer- 
 taining the differences even among their own men, and their leaders sternly 
 and systematically repress all manifestation or knowledge of differences
 
 1-4 REASONS FOR THE ENACTMENT 
 
 wliicli in any wny conflict with their plans or interests. Knowing better 
 tliau others, though very imi^erfcctly, what is true public opinion, the 
 party managers arc able to i)ass off the false for the true. Much of their 
 power i-! cbie to their exclusive information, since it renders it necessary 
 that those less informed shall look to them for information and guidance. 
 A:^ party leaders undertake to act and think, in great part, for their ad- 
 herents," the latter gain little useful instruction or training through their 
 political action. On account of the impossibility of getting reliable in- 
 formation, or of knowing the effect of such action, many good citizens 
 decline to take jiart in public affairs. There are in the proposed Act 
 provisions for gaining the most complete and authentic information, and 
 for making this known to eveiy elector. Ui^on the basis which this 
 affords he is free, and is required to judge and act for himself. Having 
 the best information attainable, he will be able to act at all times under- 
 standiugly. He will have that complete knowledge of existing condi- 
 tions, without which it is imi:)Ossible to know what may and should be ac- 
 complished, at a given time, through any series of political acts. The 
 habit of independent action will give him the necessary training and 
 self-reliance. One of the most fruitful sources of opposition among men 
 is mutual ignorance of each other's objects, sentiments and opinions. 
 Under the proposed system there would be little room for such mis-» 
 understandings. 
 
 CHAPTER XIII. 
 
 Partisan Discussion and Controversy. 
 
 Under the party system we have much controversy and very little 
 proper discussion. The merits of men and measui-es are not impartially 
 considered. Accusations, denials, counter assaults and injurious com- 
 l^arisons are the supplies of partisan controversy. Through such means 
 moral ideas are confused, and evil often made to appear as good. The 
 character of political discussion would be entirely changed under the 
 proposed system. The merits of measures and men would then be more 
 thoroughly and impartially considered. For success, it would be more 
 necessary to address arguments to the judgments and consciences of in- 
 dividual citizens. Our political discussions would become more philo- 
 sophic. A class of learned and able men, who are not now heard upon 
 political subjects, would give the j)ublic the benefit of their researches 
 and opinions. 
 
 CHAPTER XIV. 
 
 Public Spirit and Public Interest. 
 
 Subserviency to and dependence upon party are unfavorable to the 
 growth and maintenance of a healthful public spirit, and to the existenco 
 of a healthful public interest in political affairs. The ordinary partisan 
 is restricted in his judgment of any proposed measure by the predomi- 
 inating consideration of the influence it may have on the interests of his 
 party. 
 
 As public action conforms more closely to public will, it will create a 
 stronger and more healthful public spirit. As every pul)lic expression 
 will be i-eal, and intended to effect an important public object, it will ex- 
 cite a public iutere-it coiTespouding with the importance of the object.
 
 OF THE PROPOSED ACT. 15 
 
 True public spirit aud true public interest will increase Tvitli increasin.of 
 independence of party control. The wider the Held of sjmjjathy aud 
 action, the more lively and extended will becorae the general interest in 
 public affairs. 
 
 CHAPTER XV. 
 
 Party Opposition no Security against Party Corruption — '■' We must have 
 one Party to watch the other." 
 
 In view of our political history for the j^ast few years, and in the face 
 of such revelations as those made b}' Tweed, to say that parties are a 
 necessary security against political corruption, seems more like irony 
 than sincere opinion. A more thorough party system and government 
 by party than ours have been, cannot exist under an elective system. It 
 would not be easy to point out, in any country, an era of greater politi- 
 cal corruption than has been witnessed in our own during the past thirty 
 years; yet, during all this time, there have been two great opposing 
 political parties. We have had, and still have, the very conditions in 
 this respect which we are assured are most favorable to public virtue, 
 yet our public morals and conduct have been and are far below the aver- 
 age standard of private life. Under 'any proper system, the contrary 
 should be the rule. A sj'stem that reverses the natural order cannot be 
 favorable to public j^uiity, and this conclusion is too well supported by 
 actual results. The sj-stem which leaves all political action to two great 
 parties, so far from affording the pretended security, is the most favor- 
 able that can be conceived for the purposes of public coiTuption. The 
 moral law operates most effectively and beneficially in a state of freedom. 
 Party interferes with and obstructs these natural reactions against evil, 
 which are the only sure means of its suppression and removal. The 
 patience of the public, and the slowness of its perce2:)tions of the truth 
 as to the real source of our most glaring public abuses, is truly marvel- 
 ous. In face of the well-known and generally admitted fact, that all 
 our great public spoliations have been consummated b}^ a combination 
 of the leaders of both parties, many still cling to the delusion that our 
 present system is the best possible one for j^re venting these very results. 
 
 AVhen our eyes are once opened, we can see that nothing is more natural 
 or more inevitable than that these results should occur under our pres- 
 ent political processes. As the two parties control nearly all efficient 
 agencies of public expression and action, they are able, when they 
 unite, to repress all effective opposition and to protect each other against 
 just jjublic retribution. If the two sets of party leaders oppose each 
 other in earnest, neither will gain jjrofit at public expense. If they 
 iinite, it will l)e to their mutual pecuniary advantage. As the material 
 for public plunder is ample, aud none but the public suffer, the leaders 
 are too shrewd not to see that their best chances for profit are in making 
 terms between themselves. A little more or less is not so important to 
 either side as the question, whether they are, or are not, to get some 
 share of the spoil. It i.^ an indisputable fact that nearly all our great 
 public robberies, in late years, Lave been committed by the union of a 
 sufficient numljer of the opposition party, with the majority of the party 
 in power, to overbear the impracticably honest men of both parties, and 
 that during or after the perpetration of these robberies the profits have 
 been divided, with a rough a])proach to equality, between the leaders or 
 members of each party. In the exceptional cases, when under the direc-
 
 ]G r.EASOXS FOR THE ENACTMENT. 
 
 tion of the better men of the organization, a party earnestly opposes and 
 assails tlio corruptions of another party, and thereby /yain:-i i^olitical 
 power, it almost invariably occurs that the more unprincipled and selfish 
 of the leaders, ayIio, from motives of policy have kept in the backf^rovuid, 
 tlien come forward and betray the cause espoused by the successful party; 
 and, Avith the aid of the same class of the opposite party, perpetrate 
 greater outrages upon the public than those previously committed. 
 
 Ingenuity may be safely challenged to devise a system better suited to 
 all the purposes of political corruption than that which we now possess 
 and cherish. Our best remedy and security are to be found in legal pro- 
 visions which will enable the people to participate equally in all public 
 ]n-ocesses; to direct and control public agents; and to decide finally as to 
 the adoption of legislative acts. With such provisions, and with ar- 
 rangements whereby the broadest and clearest light shall be thrown over 
 ail public processes, we may be sure that the interests and honest inclina- 
 tions of the greater number will arrest and defeat the corrupt schemes 
 of the interested few. 
 
 CHAPTEE XVI. 
 
 Effect iipon the Civil Service — The proposed Act loill assist, as far as pos- 
 sible, by State Legislation, in the Reform of the Civil Service. 
 
 The obstacles to Civil Service Reform, that is — to making the Public 
 Administration a business, instead of a political, machine — arise from 
 party control and the overpowering personal interest of party leaders in 
 bestowing the public offices as rewards for personal and partisan services; 
 and in having them administered to secure personal and party ascendency. 
 The i:)roposed Act will soon do av/ay with the necessity for these services 
 and this ascendency. Moreover, the means of legal public expression 
 provided are valuable for this purpose, even when the power of choice 
 is not directly with the electors. The proposed Act best reconciles the 
 system of Federal appointments with popular methods. Few national 
 administrations will have the hardihood to apjioint local Federal officers 
 when it is positively known that a majority of the electors, in the locality 
 in which the office is to be exercised, are opposed to such appointments. 
 The national authorities would pay the greatest respect to such expres- 
 sions in favor of applicants for such offices. Instead of looking to 
 Congressmen for instructions and advice in regard to such appoint- 
 ments, the appointing power would look to the people most concerned. 
 
 The opportunity given for legal expression of preference for United 
 States Senators and for President and Vice-President, will cause the 
 wishes of the people to be known and respected in these matters. 
 
 CHAPTER XVII. 
 
 The Question of Public Economy — Reply to objections made to the Increase 
 of Public Offices and the Taxation necessary under the proposed System. 
 
 It IS an old and sound economical maxim, that "what is worth doing 
 at all, is worth doing well." No intelligent man permits his business to 
 suffer for want of care, or leaves it to chance direction. If he has a farm, 
 store or workshop, he employs all the help required to take care of it 
 and to carry it on. A community should not act with less intelligence 
 and prudence. The larger the business, and the more interests there
 
 OF THE PROPOSED LAW. 1 7 
 
 are involved, the more care is required to systemize and conduct the 
 business j^roperly. 
 
 The public business of a township requires, and justifies, certainly more 
 attention than one of its farms, stores or workshops. Either of the latter 
 would suffer were it not properly attended to each day. The whole cost 
 to a Kegistration District for the necessary official attention, and for all 
 the jDurjDoses of the projiosed Act, would not exceed the salary of a book- 
 keeper in a prosperous country store, or, at most, that of a cashier of a 
 country bank, norwoiildthe labor required be greater or more arduous 
 than that usually performed by persons engaged, in these employments. 
 If the facilities afforded and the securities provided by the proposed Act 
 arc not worth this slight expenditure, the political rights of citizens can- 
 nol; be of much value. 
 
 The saving effected by this means would be many times greater than 
 its cost. Under this system schemes for depleting the public treasur}^, 
 for i^rivate or partial benefit, would be seldom attempted, and, more 
 rarely, succeed. The enonnous burden of taxation, beyond that neces- 
 arv for legitimate public ex2:>enditures, would be removed. 
 
 Let us compare the cost of the two systems to a laboring man on the 
 Pacific coast, who gives proper attention to his political duties. 
 
 FiKST — Under the present party system : 
 Electioneering at primary for the delegates he prefers, one day, 
 
 not less than $3 00 
 
 Yv'orking for his j^arty on the day of election, one day 3 00 
 
 Attendance upon party meetings, speakers, processions, etc., one 
 
 day ; 3 00 
 
 Assessment for party purposes, not less than 3 00 
 
 Extra expenses, at these times 5 00 
 
 Total $17 00 
 
 The above estimate falls far short of the cost to an active "worker for 
 his party. These are regarded as legitimate expenses. Thousands 
 of dollars ^re spent illegitimately in each county, and often 
 hundreds of thousands in each State during the canvass 2:)receding an im- 
 portant election. It is believed that more than half a million of dollars 
 have been expended in the State of Nevada during a single election can- 
 vass. These sums are not patriotic contributions to a public cause, but 
 are paid out with the expectation of a profitable return. Were not such 
 expectations usually realized, such expenditures, instead of steadily in- 
 creasing in our elections, as is notoriously the fact, would cease. When 
 we consider that usuall}^ vast sums are expended on both sides for the 
 mere pi'ospect of success, some idea can be formed of the extent to which 
 the people suffer, and of the enormous profits realized by politicians from 
 the possession of political power, for those profits come out of the jDCople. 
 
 Second — The proposed system provides official arrangements which 
 enable voters to act in a convenient, simple, eflective and economical 
 manner, and the expenditure in time and money Ijeing much less than is 
 required at jiresent. Let us now compare its cost to a laboring man on 
 the Pacific coast with that of the present system : 
 
 Cost of ballots and voting envelops, possibly $1 00 
 
 Possible increase of taxation 2 50 
 
 Total $3 50 
 
 3
 
 18 REASONS FOR THE ENACTMENT 
 
 He is out of poclcet directly but one dollar, and if lie chooses to "'et 
 liis ballots and envelops of an election officer he need not be out a cent, 
 excci)t for his share of the necessary taxation. He may attend public 
 meetinp^s of tlie elec^tors at a sli<^iit loss of time, and at a cost not to ex- 
 ceed lift}' cents for his share of the expense of each meeting. But as 
 such meetings form no part of the regular processes of initial or inter- 
 mediary action, they may stand as an offset to the occasional party meet- 
 ings that under the present system are held at times when no election 
 canvass is in jii'ogress. Under either system, a man may devote as much 
 more time as he feels disposed to give to public affairs; but, under the 
 l)roposed system, an elector need not leave liis house or place of occupa- 
 tion or lose any time worth considering, yet take part in every political 
 process of the electors, exercising thereby more real power and com- 
 manding more consideration than he can now exercise and receive at 
 greater expenditure of time and money. The securities provided in the 
 proposed system will reduce illegitimate j)ublic expenditures to a low 
 point, thus saving many times the amount of direct taxation which that 
 system would involve. 
 
 CHAPTER XVIII. 
 
 The Decline of Party Government. 
 
 The decline of party government, the evidences of which are abun- 
 dant and unmistakable, and which is noticed particularly in a recent arti- 
 cle by GoLDWiN Smith, is due to the increase of popular power. Dem- 
 ocracy and party being essentially antagonistic, the advance of one 
 implies the decline of the other. The power of the people at the pres- 
 ent time, though at best much restricted by party ascendency, is in almost 
 exact proportion to their independence of party. It has been shown 
 what political processes are necessary for democratic government, and 
 that political parties are vmfit to provide for and conduct these proc«Jsses; 
 also, in what manner such parties interfere with, obstract and oppose 
 such government. It follows, from the generally accepted law of pro- 
 gress or development, tliat, under conditions more favorable to de- 
 mocracy, the power of party must decline. The converse of this, that 
 under conditions entirely favorable to party ascendency poj^ular govern- 
 ment must cease, is also true. The vitality of our popular institutions 
 now dej^ends entirely on the right of choice in final elections, a right 
 which parties greatly restrict but cannot destroy. 
 
 The conditions for true popular government will be nearly perfected 
 when full power over initial and intermediar}^ public action is secured to 
 the electors. The proposed Act provides these conditions : 
 
 It will cany out democratic principles in all stages of political action, 
 by safe, agreeable and efficient means. 
 
 It will supercede our present party system and remove the evils inci- 
 dent to party ascendency. 
 
 It will secui-e honesty and capacity in public officials. 
 
 It will protect the public treasury and secure proper economy in gov- 
 ernment. 
 
 It will enable the people to elect public officers really of their own 
 choice. 
 
 It' will prevent partial and special legislation. 
 
 It will secure a non-partisan and more ^'honest and capable" judiciary. 
 
 It will control selfishness; increase public spirit; secure, in every ^Jolit-
 
 OF THE PROPOSED LAW. 19 
 
 ieal sphere, a higher class of public officials; and lead to a more broad 
 and enlightened statemauship. 
 
 It will prove that our existing political evils are not due to democratic 
 or republican principles, but to de^Dartures from them and failure to 
 carry them into effect, thus vindicating these principles and confounding 
 their enemies. 
 
 In such measures will be found the only sure means of a real and last- 
 ing improvement in our public sei-vice. 
 
 There are not only almndant evidences of the decline of party, and 
 the consequent advance of popular government, but also of a corre- 
 sponding change of public ojiinion with respect to the necessity and 
 benefit of political parties. There are but few independent thinkers, who 
 are in the habit of public speaking, who do not see and declare some 
 i:)art of the truth on this subject. So great a change as that of the 
 elimination of the party system from our jDractical politics cannot be 
 suddenly accomplished. We must expect that the progress of this 
 change, like that of other great movements of the human mind, will, 
 at first, be slow and sometimes interrupted. "Movements which are 
 pregnant with vital change," says Feoude, "are often slow in assuming 
 their essential direction. Even after the stir has commenced, circvim- 
 stances do not immediately open themselv-es; the point of vision alters 
 gradually, and fragments of old opinions and prepossessions and preju- 
 dice remain, interfused with the new, even in the clearest mind, and 
 cannot in a moment be shaken off." In the decline of party and the 
 advance of joopular government, we have such a movement; and, 
 although "the stir has commenced," the "jDoint of vision alters" so 
 "gradually" that few are yet able to see clearly "its essential direc- 
 tion." The foregoing statements and arguments are designed to remove 
 some of the obstructions which have prevented clear observation, and to 
 turn public attention to the right quarter. It is believed that the adop- 
 tion of the proposed Act would be a decisive and most important step in 
 the right direction, and that this would sj)eedily and inevitably lead to 
 our emaucijjation from party government. 
 
 CHAPTER XIX. 
 
 Summary of the more Novel Provisions of the Proposed Act — The Pro- 
 2)osed Constitutional Amendments. 
 
 Following- is a brief summary of the more novel provisions of the pro- 
 posed Act: 
 
 1. Tlie provisions for registration districts, registers and registration, 
 which have been referred to, and the nature and advantages of which, 
 l^erhaps, have been sufficiently explained; 
 
 2. The arrangement for a general final election each year. County 
 and local officers being elected separately from Districit and State offi- 
 cers, each alternate year. This will keep local and other public ques- 
 tions more distinct; make a more proper and orderly regulation of public 
 action, and keep up a more uniform and healthful public spirit; 
 
 3. The provision for the appointment of Insjoectors of Election by the 
 School Trustees. This assigns the duty to a local Board, the members 
 of which ai*e usually intelligent and impartial, acquainted with the citi- 
 zens, and have a public interest in the locality;
 
 p 
 
 20 REASONS FOR THE ENACTMENT. 
 
 -i. The provisions for gaining information of the electors, and can- 
 vassing and publishing the returns of the same; 
 
 5. For primary elections by all citizens, for the nomination of candi- 
 dates, and popular expression upon all matters of piiblic concern; 
 
 (). For instruction of all legislative agents; 
 
 7. For the submission of legislative Acts to the votes of electors; 
 
 8. For the displacement and replacement, by the electors, of elective 
 officers; 
 
 9. For the nomination, by the electors, of persons as candidates for 
 United States Senator, President and Vice-President, and for State and 
 National offices, to be filled by appointment; 
 
 10. For direct vote of the electors of the State for President and Vice- 
 President, as -well as for Electors of the same; and legal instruction to 
 the Presidential Electors to cast their ballots for the person, for each 
 office, v^-ho recieved the highest vote. This legalizes what has been sanc- 
 tioned by custom, and accords "with present usage, except that ])resent 
 arrangements are jiartisan. Under this provision Presidential Electors 
 could be punished legally for violation of public trust and private honor; 
 
 11. Provisions for the accomodation of electors "vvith respect to time, 
 jlace and manner of voting, including that for the appointment of Re- 
 ceivers and Collectors of votes, and visits by the latter to every neigh- 
 borhood of each precinct; 
 
 12. Provisions -whereby the electors of the several localities may au- 
 thorize and use all conveniences afforded by the postal service, express, 
 telegraph or other companies and private mes^^engers; 
 
 13. Provisions for certifying duplicate ballots, and acknowledging re- 
 ceipt and delivery of votes; 
 
 14. For the new arrangement of poll books, avoiding the necessity 
 of extra checking lists, and affording conveniences for all the entries 
 required; 
 
 15. For a ballot book for pasting in ballots. It is more convenient 
 and useful than the old method of filing, affords more ready reference 
 and better means of detecting and correcting frauds and errors; 
 
 IG. For tally sheets and tallying. These are required by the greater 
 extent of public action to be provided for; 
 
 17. For a preliminary count and subsequent correction of errors, ille- 
 gality and fraud, and for the corrected or official count; 
 
 18. For estimates of the cost or saving to the people of each new 
 legislative Act, to be published with the Act; 
 
 19. The provisions for public meetings of electors are the complement 
 of the proposed system. They provide means for public action in sud- 
 den and urgent occasions. While they afford ample facilities for such 
 action they also provide ample security. All citizens of the locality 
 have an equal right to participate. They would establish the better fea-
 
 REGISTRATION, ETC. 21 
 
 tures of New England Town Govei-nment, and complete the necessary 
 facilities for public, as distinct from party action; 
 
 20. Tlie_ penal provisions are believed to be such as will meet all re- 
 quirements. Such provisions will be more easily and certainly enforced 
 when the power of jDarty is broken down by voluntary jDopular action; 
 
 21. The provisions intended to encourage inventions of improvements 
 iu popular methods will keep public attention alive to the subject, and 
 prompt to constant effort to secure such improvement; 
 
 22. The Constitutional amendments suggested would establish the pro- 
 posed reforms more thoroughly and securely than it is possible to do 
 under present Constitutional provisions. These amendments are entirely 
 consistent with the popular principles uj-jou which oar Constitutions are 
 based, and necessary for their proper application. The object of the 
 2:)rovision for choice of public elective oflficers by a favorable expression 
 of three-fourths of the electors iu their returns of information, and by a 
 two thirds vote at primary elections, is to save unnecessary trouble and 
 expense, when the electors are already sufficiently agreed, and to pro- 
 mote unanimity among them. 
 
 A N A C T 
 
 RELATING TO REGISTRATION— INITIAL AND INTERMEDIARY PUBLIC 
 ACTION— ELECTIONS, AND ELECTIVE AND OTHER OFFICERS, Etc. 
 
 Providing Enlarged Conveniences and Securities Against Fraud in Beg- 
 idration — Legal and Effective Ways for all Electors to Participate 
 in Initial and Intermediary Public Action — Greater Facilities and 
 Guarantees in Voting, and Improved Means of Obtaining Legal Ex- 
 pressions of the Best Intelligence, Judgment and Will of the Pcoplo 
 in all Matters of Public Concern. 
 
 CHAPTEE I. 
 
 REGISTBATION DISTRICTS EEGISTEKS REGISTRATION. 
 
 Section 1. Each township of a county, and each ward of a city, shall 
 be a Registration District, except when such action is taken by the elect- 
 ors as that proA'ided for in Sections 2 and 3, Chajoter I, of this Act. 
 Each Registration District of a county shall be numbered by the Com- 
 missioners of the county. 
 
 8ec. 2. When the majority of the electors of any precinct, or precincts, 
 in which there arc not less than five hundred registered electors, in any 
 township or incor]:)orated town in which there are not less than fifteen 
 hundred registered electors, shall vote, at any public meeting of the 
 electors, or at any primary election, in favor of having su(!h lu-ecinct or 
 precincts set off, as a separate Registration District, the Commissioners 
 of the county, immediately after the proper legal certification to them of 
 the fact, shall set off and declare such precinct or j^recincts a separate 
 Registration District.
 
 22 REGISTRATION, ETC. 
 
 Sec. 3. "Wlion the majority of the I'ogistered electors of each of two 
 •wards, of any city in this State, in which the Avhole number of registered 
 voters of lH)th wards does not exceed two thousand, shall vote at any 
 jnililic nicctin-^ of the electors of each of said wards, in favor of their 
 consolidation into one Eej^istratiou District, the Commissioners of the 
 county, immediately after the legal certification to them of the fact, shall 
 consolidate such wards for this purpose, and declare them one Registra- 
 tion District. 
 
 Sec. 4. Registers of elections shall be chosen by the electors of the 
 resjiective Registration Districts, on the day fixed by law for choosing 
 county and toAvnship officers. When not otherwise provided for by law, 
 each Justice of the Peace shall be also a Register in the Registration 
 District in which he resides; and, in elections, the title of the joint of- 
 ficers shall be Justice of the Peace and Register. 
 
 Sec. 5. When a majority of the electors of any Registration District, 
 at any public meeting of the electors, or at any primary election, shall 
 vote in favor of the separation of the offices of Justice of the Peace and 
 of the Register, and of having the offices held by different persons, the 
 Commissioners of the county, upon proper legal certification, shall 
 promptly give public notice of this vote, and fix a day, not more than 
 thirty days from the time of such vote, for the election of a Register, 
 whose official duties shall be exclusively those of said office. 
 
 Sec. G. When another Registration District is formed within a town- 
 ship, in the manner prescribed in Section 2 of this Chapter, the Com- 
 missioners of the county shall fix a day, not more than thirty days from 
 the time of setting off such district, for the election of a Register, by 
 the electors of the same. 
 
 Sec 7. When the wards of a city are consolidated into one Registra- 
 tion District, as provided in Section 3 of this Chapter, the Register of 
 the ward having the largest number of registered electors shall become 
 the Register of the newly consolidated district. All books and paj^ers 
 ]iertaining to registry in the other wai'd shall be handed to him by the 
 Register of that ward, and shall be kept thereafter as a part of the rec- 
 ords of the consolidated Registiy office. 
 
 Sec. 8. In case of a vacancy in the office of Register, the Commis- 
 sioners of the county shall appoint a Register to serve in the district in 
 which the vacancy has occurred, until a Register for the same shall be 
 elected legally, and qualified. 
 
 Sec 9. All Registers, and Deputy Registers, shall have jiower to ad- 
 minister oaths, or affirmations, and to do such other acts as may be nec- 
 essaiy in carrying out the i:)rovisions of this Act. 
 
 Sec 10. W^here the words publish and publication occur in this Act, 
 they shall mean to publish, or publication in some daily newspaper, or if 
 there shall be no daily, in some weekly newspaper of general circula- 
 tion in the State, or in the political division in which the publication is 
 to be made; and the words post or i:)osting shall mean to post, or the 
 j)osting of printed or written notices, in the political division to which 
 reference is made. Where the words Commissioners of the county are 
 xxsed, they shall mean the Board of Commissioners of the county; and 
 the words County Clerk shall mean the Clerk of the Board of Commis- 
 sioners of the county; when the word electors occurs it shall mean qual- 
 ified electors. 
 
 Sec 11. The Commissioners of each county, when required, shall 
 furnisli, for the use of the Register, election officers, and electors of the 
 several Registration Districts of the county, all books, blanks, stationery,
 
 REGISTRATION, ETC. 23 
 
 materials and articles needed in canying into effect the proTisions of 
 this Act. There shall be provided for each Registration District a book, 
 to be kno-svn as the Official Register, which shall be ruled with suitable 
 head-lines, and, by vex'tical lines, into suitable columns, for the follow- 
 ing entries: First, number on the Register; second, date of registry; 
 third, name of elector; fourth, fifth, sixth and seventh, for the insertion 
 of figures indicating successive years, as 1878, 1879, 1880, 1881; eighth, 
 age of elector; ninth, where born; tenth, the name of the election pre- 
 cinct; eleventh, description of the person; twelfth, designation of his 
 residence; thirteenth, certificate of naturalization; fourteenth, remarks. 
 There shall be pro\ided to each Registration District blank infoimation 
 sheets, on the first outside page of which shall be a space for the address 
 of the elector, and the notice of the Register, as specified in Section 3, 
 Chapter II. In a column on the left of the first inside page of said 
 sheet shall be written, or printed, consecutively, the titles of all the 
 offices for which nominations are to be made at the next ensuing primary 
 election. Next to this column of titles shall follow three vertical col- 
 umns for the insertion, opposite the proper titles, of the names of j^er- 
 sons prefex'red by the electors for the several offices, in the order of 
 preference. On so much of the second inside page as may be required 
 for the purpose there shall be, from left to right, five vertical columns, 
 the first for the insertion of titles of elective officers, and the names of 
 such officers whom an elector may wish to have displaced; the second for 
 the insertion of the woixl For, or Against, opposite the proper title and 
 name; the third, fourth and fifth for the insertion, in the order of i:)ref- 
 erence, of persons preferred by each elector to replace the incumbent 
 of such office. On the second inside page, and in the lower half thereof, 
 there shall be three vertical columns, for the insertion of the statements 
 or recommendations of the electors respectively, as to national. State 
 and local public measures, under the head of National, State and Local. 
 On each page of this sheet shall be suitable head-lines, and headings. 
 There shall be provided blank affidavits, blank certificates of registra- 
 tion, in book form, and with stubs inside large enough to contain the re- 
 ceipts of electors for their certificates; blanks, in book form, suitable 
 for taking a census of the electors, suitable blank delivery and receipt 
 books, for the use of collectors and other receivers of votes, so worded 
 and arranged as to enable the person delivering a vote to certify to the 
 fact, time and place of delivery, and the receiving officer to give each 
 elector a certificate of the receipt, at a certain time and place, of his 
 vote, and zo that the certificate of delivery and receipt shall be oppo- 
 site each other, on the same page, that for delivery being upon the 
 right and easy to detach; transcript books, for containing ali^habetically 
 arranged transcripts of the Official Register, for use in election pre- 
 cincts in which the Register's office is not situated; poll books, arranged 
 to contain an alphabetical list of the electors of a precinct, with the 
 number of each elector on the Official Register, at the left of his name; 
 four vertical check columns on the right of the names, one column at 
 the right of the check columns, to contain the number of each vote as 
 withdrawn by the Election Board from the receiving ])oxes or ballot box, 
 and, at the extreme right, a' suitable column for remarks. One ballot 
 book for each election in each election precinct, suitably arranged for 
 jiasting therein and numl)crii)g, the ballots; tally lists, or sets, consisting 
 of sheets or sli2:)s of Avhite v»n.'iting paper, vai'ying according to the re- 
 quisitions of Registers, and their estimates as to the number of persons 
 and measiu'es to be voted for, from half to full width of legal cap, or
 
 2-4 REGISTRATION, ETC. 
 
 Itu-gci* if required, so arranpfcd as to leave a space at the top sufficient 
 for binding the sheets, and for the insertion, as a heading, of the title of 
 an oftice to 1)0 filled, or of the words: Propositions, Declarations, In- 
 structions, Resolutions, or Requests to United States Senators, Acts Sub- 
 mitted; or for the insertion of the title of an oflico, the incumbent of 
 ■which any elector may proj^ose to have displaced, and so ruled, with two 
 cross-lines, and by vertical lines, that the respective names of persons 
 voted for, or the designation of propositions, etc., or legislative acts, 
 may be inserted vertically ar.d singly in the spaces enclosed within 
 the vertical lines and the cross-lines. Tally sheets shall be arranged in 
 sets. Along the left margin of the pages of each set, and in each space 
 of that margin, intended for the insertion of a tally mark at the right, 
 under the proper head, consecutive numbers, from one to one hundred 
 more than all the electors of the precinct for which the tally sheets are 
 l)rovided, shall be written or printed, and a number of such sets more 
 than all offices to be filled, or class of declarations or instructions, reso- 
 lutions or propositions or laws probably to be voted for, shall be fur- 
 nished for each election precinct at each election. There shall be fur- 
 nished, for each election precinct, a suitable ballot box, a Register's re- 
 ceiving box, and a sufficient number of Collector's receiving boxes. 
 
 Sec. 12. All things required for the use of officers of election and 
 of electors, shall be furnished by the commissioners of the county on the 
 estimates and requisitions of registers, but, if the commissioners shall 
 believe that the estimates of any register are excessive, they may cut 
 them down to within ten per cent, of the number and cjuantities ordina- 
 lily used for the same number of electors. Each register shall rei:)ort 
 to the commissioners of the county, at the time of making* his rcciuisi- 
 tion, the exact number and quantity of unused public books, blanks, 
 articles and materials which remain in his possession. 
 
 Sec. 13. Each register shall provide a suitable office in a central, or 
 more publicly convenient location, in his registration district, where he 
 shall perform the official duties required by the Act to be performed at 
 his office; and shall there safely keep all books, blanks, papers and things 
 having reference to the electors or elections, or other public expressions 
 of the district, or for use in elections, in i-espect to which he has legally 
 prescribed duties. 
 
 " Sec 14. The register or his deputy shall attend at his office each day, 
 except Sundays and legal holidays, at least one business hour of the fore- 
 noon, after 7 o'clock of the same, and one business hour of the af fcernoou 
 after 1 o'clock of the same, and as miich longer as may be required to 
 transact the business of his office. He shall inform the electors as to 
 these hours by a written or printed notice fastened upon his office door. 
 For twenty days previous to any general election, and fifteen days previ- 
 ous to any special election in his district, the register or his deputy 
 shall attend at his office, from 8 o'clock in the forenoon ta 12 at noon, 
 and from 2 o'clock in the afternoon to 4 o'clock of the same. During the 
 three days assigned for receiving votes, previous to the day of election, 
 he shall attend at his office during the same hours of the forenoon, and 
 from 2 o'clock to 5 o'clock of the afternoon; also again at half past 6 
 o'clock of the afternoon, for the purj)ose of attending to the duties of 
 receiving the collectors' boxes and opening them, checking, putting the 
 votes into the register's receiving box, etc. 
 
 Sec. 15. Each register may appoint, for the following purposes, as 
 many deputies as may be required : 
 
 1st. For taking the census of the electors of his registration district.
 
 REGISTRATION, ETC. 
 
 25 
 
 2cl. For receiving votes at tlie residence, or place of iDUsiness, or em- 
 ployment, or resort, of electors. Deputies appointed for this purpose 
 shall be called receivers of votes. 
 
 3d. To act as registers in election precincts in which the register's office 
 is not situated, three days i^revious to the day of election, and on and 
 after that day, as a member of the election board. Constables may be 
 appointed as census deputies and as deputies for the collection of votes, 
 and may act as such. 
 
 Sec IG. During the month of January of each year each register shall 
 take, or cause to be taken, a censu-i of the electors of his registi-ation 
 district, commencing not later than the first Monday of that montli. 
 
 Sec 17. The time of taking a census of the school child i-oa in school 
 districts included in any registration district may be exchanged, at the 
 discretion of the school trustees, so as to correspond with the time of 
 taking the census of the electors, and both the census of school children 
 and that of the electors may be taken by the same person, duly ap- 
 pointed and qualified, for the performance of these several duties. The 
 school trustees may arrange with an ofiicer of the census of the electors 
 for performing this service, and for compensation therefor, which in no 
 case shall exceed that now fixed by law. 
 
 Sec. 18. Each register shall publish timely notices of the intended 
 visits of the census taker of electors to the several neighborhoods and 
 localities of the respective precincts, at least ten days previous to such 
 visits. He shall also cause at least three notices to be posted for the 
 same time in the most frequented and public places of each precinct. 
 The notices shall sj^ecify that a census officer of the registry will call at 
 the private residences, business places, Avorking establishments and 
 2:»laces of public resort of the vicinity, on the day of January, com- 
 mencing at ., at half past 7 o'clock in the forenoon, and proceeding 
 
 [hero giving a description of the route] during the 1)usines3 hours of the 
 day, for the purpose of taking a census of the electors residing therein, and 
 correcting the registration lists, and requesting all electors of the vicinity 
 to take notice and so arrange their affairs as best to Accommodate them- 
 selves and most effectually facilitate the officer in the performance of his 
 duties. 
 
 Sec 19. Each census officer of the registry shall be careful to per- 
 form his duties in an agreeable manner and with as much reference to 
 the accommodation and convenience of electors as circumstances will 
 allow; but no such officer, after making the usual signal, shall be com- 
 pelled to wait for admission at any residence, or working, or business 
 place, more than five minutes, nor upon any person for a statement or 
 proof of the facts as to his right to registry, more than fifteen minutes. 
 
 Sec 20. Each census officer of the electors shall have with him a cer- 
 tified alphabetical list of the registry of electors as it stood at the close of 
 the preceding year, with all particulars as to such elector cojiied from the 
 official register of the i:)receding year; a book of blank certificates of 
 registration, so arranged that when the certificates are detached there 
 will be left a stub of sufficient width to contain a description of the certifi- 
 cate, and a receipt for the same signed by the person to whom the certifi- 
 cate shall l)e given. All certificates of registration shall contain a brief 
 description of the i:)erson of the elector. Each register, before going out 
 to take the census, or before handing the book of blank certificates to a 
 census officer, shall make a plain impression of his official seal upon each 
 blank certificate. "When a blank certificate is spoiled in the filling out it 
 shall not be detached, and each census ofiicer shall be held to strict ac- 
 4
 
 20 REGISTRVTION, ETC. 
 
 count for all blanks detached. Each census officer shall have also a book 
 of blank affidavits. 
 
 Sec. 21. When a census officer of the rep^istry meets a person whom 
 ho can identify whose name appears as an elector in his certified list, he 
 sIkiU check his name in the list, noting any change of residence and 
 and tender to him a certificate of registration for the year, upon 
 signing the j^roper receipt. When calling at a residence indicated in his 
 list as that of an elector, he ascertains that the elector is temporarily 
 absent, the census officer, at his discretion, may accept the sworn or 
 other statement of an adult member of the family of the elector or of a 
 reputable neighbor, that the place is still the residence of the elector, 
 whereupon the officer may check the name on his list, noting the fact of 
 absence and the source of information. 
 
 Sec. 22. When a census officer of the registry shall meet an unregis- 
 tered person who applies to such officer for the entry of his name as 
 an elector, the said officer shall administer to the pei'sou the prescribed 
 oath, which shall be filled out in writing in the book of affidavits, 
 signed by the applicant and attested by the officer. If the officer still 
 is not fully convinced of the right of the person to registry he may pro- 
 ceed as directed in Sees. 2G-27, Chap. I, of this Act, defining the duty 
 of Registers in such cases. If the census officer shall decide in favor of 
 the right of the person to registry, he shall enter his name in his census 
 book in all particulars as required in Sec. 33 of this Act. The census 
 officer shall then make out and deliver to the person a certificate of regis- 
 tration for the current electoral year, taking the receij)t of such person 
 therefor. 
 
 Sec. 23. At the close of each census each census officer other than a 
 Register shall deliver to the proper Register all the books and papers 
 with which he was intrusted or which were used by hjm in the perform- 
 ance of his duties, except the papers necessarily detached and given to 
 electors, and all books and papers relating to such cases shall remain in 
 the proper registry office as part of its permanent records. Registers 
 shall keep the records of the several precincts of their districts separately, 
 except the names of electors of the ofiicial registry, which shall be placed 
 therein in the order of entry. 
 
 Sec 24. Each register shall take the lists returned by his census 
 officers and compare them with the official register. In the proper col- 
 umn, at the right of the names in the official registry and opposite each 
 name therein which he finds checked in the census lists, and in the 
 column the figures at the head of Avhich indicate the current year, he 
 shall insert the capitals R. R., signifying registration renewed, and v/hen 
 a new certificate has been given the capitals R. R. C. He shall then add 
 to the official register consecutively the names in the census lists of per- 
 sons who are registered in the district for the first time, or w^ho, having 
 once lost their right of registration have regained that right, entering all 
 the particulars required under the proper heads. Each Register shall 
 commence to cojoy from the census lists into- his official Register on the 
 first business day of February of each year, and continue the work with 
 diligence to its completion. 
 
 Sec 25. Unregistered persons and electors whose registration has not 
 been renewed for the current year, may apply for registration at the reg- 
 istry office, during official business hours, except at the times preceding 
 and during elections, in which I'cgistration is closed. 
 
 Sec 2G. Eveiy person applying for the first time for registration shall 
 take and subscribe the following oath or affiimation before he shall be
 
 REGISTRATION, ETC. 27 
 
 entitled to have his name registered; provided, that no person who took 
 said oath at the time of a previous registration in this State, and can 
 adduce satisfactory' evidence thereof, shall he required to take this oatb a 
 second time, to wit: " I do solemnly swear (or affirm) that I am a citizen 
 of the United States, and that, if I shall remain a resident meantime, 
 which I intend to do, I will actually and not constructively, have resided 
 
 in the State months, and in the county days, next preceding 
 
 the day of the next ensuing election (or in case of a municipal incorpora- 
 tion such time as may be required by the Act of incorporation), and that 
 I am not registered elsewhere in this State. So help me God."^ [Or 
 under the pains and penalties of perjury.] When a naturalized citizen 
 shall apply for registration he must produce his certificate of natursliza- 
 tion, unless it shall be proved to the Register, either by the oath or affirm- 
 ation of the applicant, or by that of one or more credible citizens as to 
 the credibility of such applicant, that such certificate is lost, destroyed or 
 beyond the reach of the applicant. If such proof shall be made and the 
 applicant is otherwise qualified, the Register shall enter his name as an 
 elector, provided, in case of loss or failure to produce his certificate, 
 the Register shall ask him the following questions: 1. In what year did 
 you come to the United States? 2. In what State, County, Court and 
 year did you declare your intention to become a citizen? 3. In what 
 State, County, Court and year were you finally admitted to citizenship? 
 4th. Whei-e did you last see your certificate of naturalization? The 
 answers to the above questions shall be taken clovv^n in the form of an 
 affidavit, which shall be subscribed and sworn to by the applicant, re- 
 tained by the Register, and by him handed over to his legal successor; 
 provided, that the same person shall not be required to make the same 
 affidavit twice in the same registration district. 
 
 Sec. 27. Each Register may put such questions to persons applying 
 for registration touching their right to the same as he may deem perti- 
 nent and proper. If satisfied of the right of the person to register, the 
 Register may enter the name of the person in the official register. If not 
 fully satisfied in this respect, or if the a]:)plicant shall be challenged as to 
 his right to register, the Register shall require him to answer the follow- 
 ing questions: 1. Are you a citizen of the United States? 2. Are you 
 or will you be twenty-one years of age prior to the next ensuing election? 
 3. On the day of the'next ensuing election, if remaining meantime therein, 
 will you have resided in this State months actually, and not con- 
 structively, and in the county days (or in the city or town — — 
 
 days or mouths, as required by the Act of incorporation). 4. Are you 
 now a resident of any election precinct in this registration district, and 
 what is the number of such precinct? 5. Are you registered for this 
 election year in any other registration district in the name you have 
 given, or in any other name ? If any exce})t the fifth of the foregoing 
 questions shall be answered in the negative, and that shall be answered in 
 the affirmative, the applicant shall not be registered; but if the applicant 
 shall answer all except the fifth oi the foregoing questions in the affirmative, 
 and that i]i the negative, ho shall bo registered, unless from further ques- 
 ti(ms, or from circumstances or knowledge, the Register shall still be- 
 lieve that the applicant is not qualified to be an elector. ^ 
 
 Sec. 28, Applicants whose registration has been i-efused, or persons 
 whose names have been erased or cancelled by a Register from the list 
 in his official register, when no question of crime is directly involved, 
 shall bo entitled to a trial of their right to registration before a board of 
 arbitration, to consist of ^jot less than three reputable electors of the
 
 28 REGISTRATION, ETC. 
 
 registration district, one to be selected by the Register, one by the person 
 whoso registration has been refused, or whose name has been erased or 
 oanc'eUod in the official register, and the third by the other two electors. 
 
 Sec. 2'J. Wlien a refused applicant for registration, or a person whose 
 name has been erased or canceled on the ofKcial register shall submit his 
 case to such board, its decision shall be final as between himself and the 
 Register. 
 
 Si:c. 30. The nicmliers of the board shall be bound upon oath to hear 
 and consider fairly all pertinent evidence presented and to give, according 
 to their best judgment, an imp.artial and just decision. If the decision of 
 the board shall he favoral)lc to the person Avhose right of registration has 
 been tried, the Register shall enter his name in the official register. 
 
 Sec. 81. Persons not wishing to submit their cases to such a board, 
 whose applications for registry have been refused, or such persons whose 
 names have been erased or canceled in the official register, may appeal to 
 the District Court of the county, or to the Judge thereof, for a writ of 
 mandamus to compel the proper officer to register them. 
 
 Sec. 32. Any elector of a registi-ation district may apply to the Dis- 
 trict Court of the county, or to the Judge thereof, to compel the Register 
 of said district to erase from the official registry, and from all registry 
 lists, the name of any person registered therein, whom the applicant may 
 know, or can prove is not a qualified elector; provided, that the Register 
 and the said person shall have notice and opportunity to be heard before 
 the said court, or the Judge thereof, and of proving the right of such 
 jjerson to registry. 
 
 Sec. 33. AVhen the Register is fully satisfied of the right of an appli- 
 cant to registry, or has been ordered by the proj^er court to register the 
 name of an applicant whom he has refused, he shall enter, under the 
 proper head in the official register, the name (with the first or given name 
 in full, if practicable), the age and nativity of the elector, together with 
 the number and name of the election precinct, and a particular designa- 
 tion of the house or room in which the person I'esides, so that the same 
 can be found without difficulty, a brief description of the person of the 
 elector, as to complexion, color of eyes, hair and beard, hight — whether 
 below or above medium; form — whether spare, medium or heavy set. 
 "W'iien the person so registered is of foreign birth the fact of the exhibi- 
 tion or failure to exhibit the certificate of naturalization shall be 
 noted. If any person shall fail to designate his residence wdth the j^ar- 
 ticularity described in this section, he shall not be registered. 
 
 Sec. 34. The Register shall make out and tender to each person regis- 
 tered, and to each person where registration is renewed, a certificate of 
 registx-ation ; and ho shall take from each person to whom a certificate is 
 given a written acknowledgment of its delivery attested by the signature 
 of such person. 
 
 Sec. 35. A resident, within the meaning of this Act, shall be construed 
 to be a person who has resided, or if he shall remain therein mean- 
 time, will have resided in the State and in the county and precinct the 
 time prescribed by law preceding the day of the next ensuing election. 
 
 Sec. 36. The electoral year shall commence on the first day of Jan- 
 uary and end^on the 31st day of December of each year. Whenever, in 
 the same year there shall be held, in the same registration district, more 
 than one general or municipal, or special election, any person registered 
 for any one of such elections shall be deemed registered for all subse- 
 quent elections in the same year; but electors who have changed their 
 place of residence since their registration shall be requested to give to
 
 REGISTRATIOX, ETC. 29 
 
 the Eegister due notice of the fact. An elector who shall have left a 
 registration district in the same j-ear after his registration therein, not 
 intending to return, and shall have been absent from the same six 
 months, shall lose his right of registry therein, and on proof of the facts, 
 his name shall be canceled in the official register and in all registry lists. 
 
 Sec. 37. On the second Monday of April of each year each Register 
 shall publish and continue to publish for twenty days thereafter, in his 
 registration district, an alphabetical list for each precinct of the names 
 of all the persons therein who have been registered or whose registra- 
 tion has been renewed during the current year, commencing with the 
 sirname, and shall also j^ost not less than three notices of the same in 
 some conspicuous place in each precinct during the same time. In the 
 same manner and during the same time, he shall publish and post notices 
 that objections to the right of registration of any person whose name is 
 on any of the lists, or of any person who has been registered since their 
 first publication will be heard by him from 8 eight to 12 o'clock in the 
 forenoon, and from 2 to 5 o'clock in the afternoon of each business day, 
 for twenty days, and subsequently whenever such objections shall be jn-e- 
 sented to him during office hours. 
 
 Sec. 38. Whenever, in any city or incorporated town in this State, 
 the general primary election for city o:^^town officers is fixed by law, at 
 any time in each 3'ear, previous to the first day of May, the Eegisters of 
 the respective Registration Districts within such city or town shall pub- 
 lish and post the lists of electors registered, or re-registered, previously 
 during the current year, at least two weeks before, and from that time 
 up to the time of such election, and they shall give notice, in like man- 
 ner, that objections to the right of registry therein will be heard at their 
 respective offices until the fourth day preceding such election. 
 
 Sec. 39. On the second Monday of August of each year, and from 
 that day to the day of the general primary election, each Eegister shall 
 publish and post lists of the names of those who have been registered, 
 and of those whose names have been erased or canceled on the Official 
 Eegister since the second Monday of April; and, also, shall publish and 
 j)ost notices that objections to the right of any registered person to reg- 
 istry will be heard from the date of notice to the fourth day previous 
 to the day of the general primary election. On the third Monday pre- 
 ceding the day of the general final election, each Eegister shall pub- 
 lish and post, in like manner, lists of the names of those who have been 
 registered, and of those whose names have been erased or canceled in 
 the Official Eegister since the publication of the lists in August, and 
 shall give notice, in the same manner, of his readiness to hear and tiy 
 objections to the rights of registered persons to registry until the fifth 
 day preceding the general final election. 
 
 Sec 40. OI)jections to the right to register, and to vote, shall be 
 made, in writing, l)y a qualified elector, and shall set forth the ground of 
 objection, or disqualification, and shall be sworn to (or affirmecl) as tiiie, 
 to the l)est of the knowledge and belief of the objector. A cojoy of the 
 objections, with the name of the objector, shall be served ol^ the i:)erson, 
 or left at the i)lace of his residence, and with this copy shall be served, 
 in like manner, a copy of a notice requiring the person objected to to ap- 
 2?ear before the Eegister, at a certain time and place within the Eegistra- 
 tion District, and answer, under oath, questions that may be jiut to him 
 by the Eegister as to his (qualification as an elector; but i:)ersonal servict 
 shall be requii-ed when objections arc made on the last day that objec- 
 tions can be received. Objections made on this day shall bo tried on the
 
 30 REGISTRATION, ETC. 
 
 next day thereafter. No such objection shall be triscl unless it appear, 
 bv the return of the officer, or a sworn statement of an elector of the 
 county, that such objections were duly served by coj^y, as required by 
 this Section of this Act, at the time specified in the notice, or at an- 
 other time t(.) which the hearinj^' may bo adjourned. After proof of no- 
 tice tlio liegistcr shall proceed, if the person shall be present, to examine 
 him, under oath, as to the matters specilied in such written objections, 
 and f:fouerally as to his qualilications as an elector. If, by such exam- 
 ination, or other evidence, the ilep;'ister shall be satisfied that the person 
 is not a qualified elector, or, if the person shall fail to aj^pear at the 
 time and place designated in the notice served, or to show cause for his 
 non-appearnce, the llegister shall cancel his name on the Official Regis- 
 ter. Any person whose name has been so canceled may appeal to the 
 Disti-ict Court, or to the Judge thereof, for a writ of mandamus to 
 compel the registry of his name. 
 
 Sec. 41. On or before the tenth day jireceding the time fixed by law 
 for the holding of any election in this State, each Register shall appoint 
 a Deputy Register in each election precinct of his Registration District, 
 in which the Registry ofiice is not situated, and in that precinct also, in 
 case of the inability of the Register to serve, to act as Register during 
 the time fixed by law for receiving and counting votes, correcting 
 such count and making up the official returns of such election. The 
 Register shall procure a suitable transcrii^t book for each precinct, ex- 
 cept that in which the Registry office is situated, in his Registration 
 District, into each of which he shall have copied, carefully, from the 
 official Register the names of the electors of the proper precinct, making, 
 opposite each name on the transcript book, all the entries in the of- 
 ficial Register that may assist in identifying the electors. 
 
 Sec. 42. Each Register shall also prepare written or printed alpha- 
 phabetical lists of the electors of the several precincts, for the use of 
 collectors and other legally qualified i-eceivers of votes. 
 
 Sec. 43. Each Register shall provide two poll books for each election 
 precinct, into which he shall copy, carefully, from the Official Register, 
 in alphabetical order, the names of the electors of each precinct, and, 
 in the margin, at the left of each name, he shall enter its number in the 
 Official Register. One of these poll books, for said precinct, shall be 
 used by the Register, or a deputy acting as Register, in the same for 
 three days jDrevious to each election, when receiving votes, and when 
 checking and transferring votej received by collectors, and other receiv- 
 ers of votes; and it shall be used also by the Register, or a Deputy Reg- 
 ister, when acting as one of the clerks of election, on the day of elec- 
 tion, and subsequently in checking and making coimts, corrections and 
 returns. The other poll book for the precinct shall be used by the other 
 clerk of the election, for the same purposes, during and after the day of 
 election. 
 
 Sec 44. All wilfully false and corrupt swearing before a Register, or 
 other officer of election legally authorized to. administer oaths, shall be 
 deemed perjury, and shall be punished as such. 
 
 Sec 45. Any registered elector about to move, or having moved from 
 one Registration District to another, not less than four days jorior to an 
 election, may apply to the Register of the district in which he was regis- 
 tered for the cuiTent election year, and have his name canceled upon the 
 Official Register of said district. On application, the Register shall 
 make and deliver to said j)erson a written certificate, stating* the date on 
 which he was registered in the Official Register of Registration
 
 ELECTION PRECINCTS, ETC. 31 
 
 District, in tlie of, in the county of , and that the name of 
 
 said elector has been canceled thereon at his request. This certificate 
 shall entitle such person to have his name registered in any other Regis- 
 tration District of any county of the State for such election, provided 
 that the Register receiving from such person his certificate of registra- 
 tion is satisfied that, if the said person shall continue to reside within 
 the precinct to which he wishes to be transferred, within the district of 
 ■which that officer is Register, until the day of the nest ensuing election, 
 he will then be entitled to vote. 
 
 Sec 46. Before entering upon the duties j^rescribed by the Act, all 
 Registers or DejDuty Registers shall take and subscribe severally, before 
 any officer authorized to administer oaths, the following oath or affirma- 
 tion, which shall be filed in the offices of the Clerks of the respective 
 counties, to-wit: 
 
 I, Register (or Dej^uty Register) for Registration District No. , 
 
 in the of, in the county of , and State of , do sol- 
 emnly swear (or affirm) that I will j^erform all the duties of Register (or 
 Deputy Register) required of me in and for said Registration District, ac- 
 cording to law and the best of my ability, and that, in the discharge of 
 my official duties, I will endeavor honestly to prevent fraud, deceit, or 
 any other abuse of the elective franchise, or of the rights of electors. So 
 help me God (or under the pains and penalties of perjui-}'.) 
 
 Sec. 47. The salary of the Register shall be one dollar per annum 
 for each elector registered in his Registration District. Each Register and 
 each acting Deputy Register, shall receive in addition five dollars per 
 day for the three days preceding each election, and the same for each 
 day while receiving votes at his office while acting as a member of an 
 Election Board. For attending at each public meeting of the electors 
 he shall receive, in addition to the above, five dollars. For all copies 
 of records, made at the request and for the use of any unofficial person, 
 he shall receive an additional fee of — — ■ per folio. For all certificates 
 of transfer he shall be entitled to an additional fee of . 
 
 Sec. 48. Collectors and receivers of votes, other than the Register or 
 
 acting Register, and officers of Election Boards, shall receive 
 
 cents for each vote received. 
 
 Sec 49. The officer of registry who takes the census, shall be enti- 
 tled to a fee of cents for every person by him first registered as 
 
 an elector, or re-registered after having lost his right of registration ; and 
 
 for every person re-registered who had not lost the right, cents. 
 
 If the Register shall perform personally this duty, he shall receive the 
 above compensation, in addition to that j)i'0"^ided for in Section 47, 
 Chapter I. 
 
 CHAPTER II. 
 
 ELECTION PKECINCTS INSPECTORS CLERKS. 
 
 Sec. 1. The Commissioners of each county shall establish precincts 
 therein, accurately defining their boundaries, and immediately thereafter 
 shall publish and post notices of this action in each newly formed precinct, 
 accurately describing said precinct. The County Commissioners of each 
 county shall also set off and establish from existing precincts, when it 
 may be necessary, new precincts, upon a petition of ten or more quali- 
 fied electors of the county, provided they shall be located eight miles or 
 more from any previous polling place, and th-ct the precincts shall be es-
 
 32 ELECTION PRECINCTS, ETC. 
 
 talilisliod at least twenty days before aiw ft'eiieral primary, or general 
 final I'leotion; and at least tit'tcen days before primary or linal elections, 
 and at least ten days before any special election; they shall ai)point two 
 capable and discreet persons, wlio shall be electors of tlie precinct, and, 
 either non-jiartisan or not of the same political party, to act as Inspect- 
 or.; of the election in such precinct. The County Clerk shall make out 
 and deliver to the Slieriff, immediately after the appointment of such 
 Inspectors, a notice thereof, in -writing, directed to the said Inspectors, 
 and another notice, in writing, directed to the Register of the Registration 
 District in which such precinct is situated, describing it, and instructing 
 the Register to i^erform the olilcial acts in reference thereto, required by 
 law, which notice shall be served within ten days by the Sheriff. In 
 each existing regularly estal)lished precinct two Inspectors, who shall be 
 electors of the prei-inct, and either non-partisan or not of the same po- 
 litical party, shall be appointed by the School Trustees having jurisdic- 
 tion over the public schools therein, in each year, at least twenty days 
 before any general election, and ten days before any special election 
 therein. The Insi)ectors of each precinct, at each election, shall choose 
 one clerk, Avho shall be an elector of the precinct. Immediately after 
 their appointment of Inspectors, the School Trustees shall notify the 
 Register of the Registration District which includes the precinct or pre- 
 cincts for which the appointments have been made, of the same; and, 
 within live days after such notice, the Register shall make out and serve 
 ujion each of the persons so ap])ointed a notice of his appointment. 
 
 Sec. 2. If any person appointed as Inspector for any precinct is un- 
 Avilling to serve as such, he shall notify the officers by whom he was ap- 
 pointed of the fact within three days of the time of receiving official no- 
 tice of his appointment. Immediately on such notification the appoint- 
 ing officers shall appoint some other suitable person to fill the vacancy, 
 and within five days thereafter, or immediately if the case be urgent, 
 cause a notice to be served upon such person of his appointment. A 
 failure of any person so to notify the ])roper officer, within the time 
 stated, of his unwillingness to serve shall subject the person so failing 
 to a penalty of not less than ten nor more than one hundred dollars, 
 to be sued for and recovered by such appointing officers, before any Jus- 
 tice of the Peace, for the use of the county. If, through accident, 
 sickness or inability, at the times previous to the day of election at 
 Avhich the Inspectors are required to attend at the office of the Regis- 
 ter, or of a Deputy Register, or on the day of election, or while pres- 
 ent as a member of the Election Board, any Inspector may be unabla 
 to serve, or if any Inspector shall then be absent, the projier School Trus- 
 tees, or any one of them, or, in case such School Trustee is not present, 
 the Inspector present niay apjjoint some suitable person to fill the va- 
 cancy. If no School Trustee or Inspector is present the Register, or 
 acting Deputy Register, may appoint suitable persons to act as Inspect- 
 ors until these offices can be filled by the School Trustees. Any School 
 Trustee of the precinct present, when there is such a vacancy, may him- 
 self act as Inspector until an Inspector shall be appointed for the same 
 by the proper Board of School Trustees. 
 
 Sec. 8. Each Register shall act as one of the clerks of election in the 
 precinct of his Registration District in which the registry office is situ- 
 ated on the day of election, and as umpire in matters connected with the 
 official duties of the election board in regard to which the two Inspectors 
 cannot agi'ee. Each Register shall appoint, for each of the other pre- 
 cincts of his Registration District, a Deputy Register, who is an elector
 
 INITIAL PUELIC ACTION, ETC. 33 
 
 of the precinct, to act as Eegister therein during- the three days imme- 
 diately preceding each general election, and, afterward, as one of the 
 clerks of the Election Board for the precinct. The title of such deputy 
 shall be Acting Eegister. If the person appointed by the School Trus- 
 tees to act as second clerk shall fail to attend and act, or the Trus- 
 tees shall fail to appoint such clerk, the Inspectors may select any per- 
 son having like qualification as themselves to act as such clerk; and, if 
 the Inspectors cannot agree on such election, the Eegister shall vote for 
 one of the persons nominated for the office by the Inspectors, and thus 
 decide the election. AVhen a deputy, appointed to act as Eegister in 
 any jn-ecinct, fails at the proper time to appear and act, the electors 
 thereof shall immediately notify the Eegister of the District, who, when 
 satisfied of the fact, shall promptly appoint and dispatch to the proper 
 place within the precinct another deputy, to act in the place of the one 
 absent or failing to act. 
 
 Sec. 4. Previous to the time fixed for the perfoiTQance of any official 
 duties by the Inspectors and Clerks of elections they shall severally take 
 the iprescribed official oath, and, in addition thereto, an oath or affirma- 
 tion in the following form: 
 
 I, , do solemnly swear (or affirm) that I will perform the duties 
 
 of Inspector (or clerk) of the election, to be held on the day of 
 
 , according to law, and to the best of my ability; and that I will 
 
 carefully endeavor to prevent any manner of fraud, deceit, or abuse in 
 conducting the same. So help me God. (Or, under the pains and penal- 
 ties of perjury.) 
 
 Sec. 5. In case no Judge or Justice, who is not a member of the 
 Election Board, shall not be present, the Eegister or the Acting Eegister, 
 or either Inspector; is hereby authorized ro administer the oath or af- 
 firmation to the other Inspectors, and to the clerk of election; and the 
 person who administers the oath or affirmation shall cause an entry 
 of the same to be made in a place in each of the poll books assigned 
 for that jDurpose. 
 
 CHAPTEE ni. 
 
 INITIAL PUBLIC ACTIOX INFORilATIONS OF ELECTORS RETURNS OF SAME. 
 
 Sec. 1. Initial and primary, as well as final processes of public ac- 
 tion are hereby declared subject to legal regulation and control. In Sec- 
 tion 2, hereinafter, provisions are made: First, for" gaining informa- 
 tion as to the state of public opinion and public welfare; second, for 
 primary elections by all electors of the respective political divisions; 
 third, for final elections. 
 
 Sec. 2. Each Eegister shall obtain, within the jn'oper time, a suf- 
 ficient number of IjLink information sheets, such as described in Section 
 11, Chapter I, of this Act; and on, or not more than five chays before the 
 twentieth day of May of eacli year, shall send by mail, express, or car- 
 rier, to 1)0 ai:>pointed by himself, one such slieet to each elector of his 
 Eegistration District, On the availalile space of the second inside page 
 of this sheet, and on the next following page, under the proper head- 
 ings, as described in Section 11, Chapter I, eacn elector may write, or 
 have Avritten, or have printed on sHps pasted thereon, his careful and 
 Kpecific statements of facts or opinions respecting the evils or ])enefits of 
 any existing laws, and his recommendations of legislative measures for 
 5
 
 31 INITIAL PUBLIC ACTION, ETC. 
 
 iho correction of these evils, or the further promotion of the public 
 •^•oocl. Each elector may insert, in the same manner, on the lower part 
 vi the second inside paj^e of the sheet, Avhen the same is available for 
 the purpose, or on a half-sheet attached thereto, expressions of his ap- 
 proval or disapproval of administrative practices and official conduct. 
 Statements or expressions made on printed slijis must be be verified by 
 the si^niatnre of the name or initials of the elector, written by himself. 
 All the titles of ofiices for which persons are to be nominated, at the next 
 ensuing' general primary election, and chosen at the next ensuing- final 
 electicm, shall be wi'itten or printed in the space reserved for this pur- 
 jiose, in their jiroper order, on the left of the first inside page of this 
 sheet. In the j^i'oper columns, at the .light, opposite each title, each 
 elector may write, or have written or jn-inted, the names of the persons 
 he desires to recommend for each of these offices, in the order of his 
 preference. In each year preceding' that in which a United States Sena- 
 tor is to be chosen by the Legislature of the State, the title of this of- 
 fice shall be inserted immediately below the titles of elective officers, and 
 opposite this title each elector may insert, or have i nserted in like man- 
 ner, the name of the person, or the names of the persons, whom he j)re- 
 fers and recommends for this office. In each year when Electors of 
 President and Vice President are to be chosen, two spaces shall be left 
 above the titles of the Presidential Electors, for the insertion of the titles 
 of President and Yice President. In the proper column, at the right 
 of these titles, each elector may express, in the same manner, his prefer- 
 ences and recommendation of pei'sons for these offices. On the upper 
 half, or, when necessary, the whole of the fourth page of this sheet, in 
 the proper sj)aces, may be inserted: first, the title of the office and the 
 name of any elective officer whose displacement the elector may desire 
 and recommend; second, the word For, or the word Aggainst; third, in 
 the third, fourth and fifth columns, in the order of preference, the 
 names of persons whom the elector prefers and recommends to replace 
 the officer or officers whose displacement is proposed. Over the first and 
 second of these columns shall be written, or printed, the word Displace. 
 Over the three remaining columns shall be written, or printed, the word 
 Replace. 
 
 Sec. 3. The address of each elector shall be written, or printed, or 
 partly written and i:)artly printed, on the lower part of the first outside 
 l^age of the information sheet, which is to be sent to him by the Regis- 
 ter, and shall be in the following' form : 
 
 The People of the State of- 
 and County of 
 
 To , Elector of Precinct, Registration District. 
 
 Beneath the address, so placed that it will be entirely covered when 
 the sheet is folded, the following notice shall- be piinted, and signed by 
 the Register: 
 
 Notice. — In obedience to the act providing legal means for gaining in- 
 fonnation as to the wants, desires and ojiinions of the people of this State, 
 you are hereby infonned that a general primary election has been ap- 
 pcnnted b}' law, to be held in the several election jirecincts of this coun- 
 ty and State, on the first Monday of September next, and resjoectfully 
 requested to insert, or have inserted, in the proper columns and spaces
 
 INITIAL PUBLIC ACTION, ETC. 
 
 35 
 
 in this information sheet, your information, recommendations, desires 
 and preferences as to the public matters, for which legal provision has 
 been made. Any statement, recommendation or expression which vou 
 desire to make, except as to public officers, may be printed on suitable 
 slijis of ])aper, which may be pasted in the proper spaces, but the matter 
 contained in these slips must be verified by the signature of yom- own 
 name or initials, written by yourself. 
 
 You will insert, or cause to be inserted, in the following order, and 
 under the j^roper heads : 
 
 1. Your statements of facts and opinions as to the evils, defects or 
 benefits of existing laws. 
 
 2. Your recommendations of laws to be made for public benefit. 
 
 3. Such expressions as you think called for, as approval or disapproval 
 of administrative practices, and offici'el conduct, local, state and national. 
 JEach statement and expression should be specific and concise, present- 
 ing only your definite and well considered conclusions. When several 
 distinct "^statements or expressions of the same kind are made they should 
 be properly numbered.] 
 
 4. The names of those i^ersons whom you would recommend for nomi- 
 nation to the elective offices for which candidates are to be selected, at 
 the said ensuing primary election; (also, in the proper years) the names of 
 persons preferred and recommended by you for the offices of President 
 and Vice President and United States Senator. 
 
 5. The names of persons w^hom you prefer and recommend for local, 
 state and national offices which are filled by appointment. 
 
 6. The names of any persons holding elective offices in this State, 
 whom, for public reasons, you wish disj^laced. The word For, or 
 the word Against, written opposite the proper titles and names will 
 indicate j-our wish in this respect. Next, in the proper sj)aces under the 
 head "Pieplace," insert, or cause to be inserted, in the order of your 
 jireference, the names of i:)ersons whom you prefer and recommend to 
 replace the officers whose displacement you desire. 
 
 In the exercise of the rights and in the performance of the duties thus 
 indicated, every elector should carefully put away all undue personal or 
 party feeling, or j^rejudice, and act conscientiously for the public good. 
 The law holds j-ou bound by your honor to the sincerity and truthfulness 
 of all statements and expressions made in this information return, but 
 expressly free to x-evise and change when convinced that the public 
 interest will be better served by different action. It is both the right 
 and duty of every elector at all times, to make what he believes to be the 
 best available choice, the more efi'ectual assurance of which is one of the 
 main objects of the law under which you are to make this return. 
 Please make out, sign and send it to this office on or before the second 
 Monday of June next. Any deficiency of space in this blank under any 
 heading for your use, may be obviated by fastening a half sheet to either 
 page except the first, said additions being properly niled first to suit 
 their use. 
 
 In behalf of the People of the State of , ) 
 
 and County of , ) 
 
 [Signature.] 
 (Eegister's seal.] Eegister. 
 
 District.
 
 36 INITIAL rUBLIC ACTION, ETC. 
 
 Sec. 4. Each Ecp-istpr sliall pay the postal or express, or other charg-es? 
 oil these bhinlcs, and shall enclose with each blank sent l)y post or ex- 
 press a postal, express card, having in it a printed form of receipt, which 
 he shall request each elector to fill t)ut with date of receipt and signature, 
 and return to him ]iromptly by mail or express. Special carriers shall be 
 required to obtain from each elector to whom they deliver a blank infor- 
 mation sheet, such a receipt for the same and return it to the Kegister. 
 Postmasters and express agents shall be requested by the llegister to 
 return or deliver to him all information sheets thus sent, which are not 
 called for by the proper person, within fifteen days after the time of their 
 deposit, in the post or express office. Any elector who has failed to re- 
 ceive his information blank wdthin ten days of the time at which such 
 blanks were sent to the electors of the precinct, on application to the 
 Register shall be furnished w^ith a new one; but the Register may with- 
 hold such new one when he has good reason to believe that the api^lica- 
 tion is not made in good faith and for pi-oper use. The Register shall 
 take receipts from all postal and express officers and carriers for each 
 information sheet entrusted to them for delivery; or, when he cannot 
 obtain such receij^ts from postal officers and carriers for each information 
 sheet entrusted to them for delivery, or when he cannot obtain such 
 receipts from postal officer, he shall take with him to the joost office 
 one or more reputable electors of the district and obtain their written 
 certificate of such delivery. 
 
 Sec. 5. The blanks to be used in making the summons of returns of 
 information, with suitable modifications, shall correspond with the blank 
 tally-sheets and sets described in Section 11, Chapter I, of this Act; and 
 the method of making the summons, with suitable modifications, shall 
 correspond with the method of making election returns, as to j) reposi- 
 tions, declarations, instructions, acts and resolutions voted upon at pri- 
 mary and final elections, and with the method of ascertaining the results 
 of nominations for office, and of expressions as to displacement and re- 
 placement at primary elections, as provided for and described in Sections 
 1 to G, Chapter XIII, inclusive, of this Act. After all the necessary 
 entries are made in all the several sets of summary sheets, they shall be 
 fastened together at their heads for convenient reference. Their footings 
 shall be copied into a book, to be called " The Book of Summaries." 
 Every other page of this book, at the right, shall be blank, and shall 
 be used for noting and entering corrections. The Register, having 
 entered the results as first obtained on the left page, shall enter 
 on the opposite page the proper corrections of all errors he may 
 discover, or that may be pointed out and clearly shown to him by 
 electors. After all corrections are thus entered on the right-hand page, 
 the true results shall be entered on the left-hand page in sjiaces reserved 
 for tbe purpose. The Register shall then make abstracts of the returns, 
 omitting the local expressions and recommendations in which not more 
 than one-twentieth, in number, of the electors of the political division 
 concurred. 
 
 Sec. G. Within ten daj-s after the day of final returns of information, 
 the Register shall complete his summaries and abstracts of the same, and 
 make out and publish in the several precincts of his district for twenty 
 (20) days, a notice of the tenor and form and summarising the general re- 
 sults after the following manner, viz: 
 
 XoTicE. — Electors of this Registration District have made due return 
 of their infonnations, and the following is a general summary of the 
 results :
 
 INITIAL PUBLIC ACTION, ETC. 37 
 
 electors have concurred in stating that the existing statistics 
 
 in reference to are defective Avith reference to , and that 
 
 the following evils result therefrom: 
 
 electors have concurred in the statement that a statute is re- 
 quired embracing the following provisions: 
 
 And that the following existing evils are due to the want of such legis- 
 lation : 
 
 Electors have concurred in recommending the enactment of a 
 
 law providing for , and have stated the following as the public 
 
 benefits which, in their opinion, will result therefrom: 
 
 Electors have concurred in expressing their ojoinion condemna- 
 tory of the practice of , in reference to , business of the 
 
 office of this county; and of the official conduct of , in refer- 
 ence thereto: 
 
 Electors have concurred in aj^proval of the action of the Gov- 
 
 ex*nor of this State in reference to . 
 
 Electors have recommended A. K for postmaster of the 
 
 village of . / 
 
 Electors have recommended the retention of N. L , jDresent 
 
 postmaster of the village of . 
 
 Electors have concurred in the expression of their confidence, 
 
 generally, in the present National Administration, and their approval of 
 its action as to , and their disapproval of its j^ractice of ; 
 
 [And similar notices of all authorized statements, ex2:)ressions and 
 declarations, in which a sufficient number of electors have concurred.] 
 
 The persons named below have been recommended resj^ectively by the 
 number of electors placed opposite their names for nomination for the 
 office designated. [Here state clearly the particulars. The names of per- 
 sons who have not received the recommendations of more than one- 
 twentieth of the electors of their respective political divisions for town- 
 ship, ward or precinct offices, and all expressions relative to the public 
 affairs thereof, which do not receive more than that number are to be 
 omitted.] 
 
 — Electors have recommended the displacement of , 
 
 County Treasurer. 
 
 Electors have opposed his disj^lacement. 
 
 Electors have recommended , to replace , as 
 
 County Treasurer, etc., in place of , incumbent. 
 
 Now, by direction of law, I hereby notify all persons that the returns 
 and books of information of this district, from which this summary has 
 been given, are ready for examination and verification. Electors are 
 resi)ectfully requested to inspect, correct and verify the same, on or be- 
 fore the first Monday of July next. 
 
 [Signature], Register. 
 
 Register'^ Office, etc. District. 
 
 Sec. 7. On or before the third day after concluding verification, each 
 Register shall carefully enclose proper abstracts of the Returns of In- 
 formation, address the package containing them to the Clerk of the 
 county, and send them l)y mail, express, or other safe conveyance. On 
 the tenth day after the first Monday of July, or sooner if all the returns 
 of the county liave been received, the Commissioners of the County shall 
 oi:)en and canvass the Returns of Information. 
 
 Sec. 8. When recommendations are made in reference to district of- 
 
 272328
 
 38 MUNICIPAL CORPORATIONS, ETC. 
 
 ficers, of districts containing- more than one county, the County Clerics 
 of all the counties of the district, except that Avhich has been legally 
 desij^nated, as provided in Section 17, Chapter XV, as the one to which 
 the returns of the other counties of the district are to be sent, shall send 
 to the Clerk of that couuty, immediately after the abstracts are made by 
 the Commissioners of the county, an abstract of the returns of the 
 county for district officers. The Clerk of the county to which the re- 
 turns are sent, on or before the 30th day of July, shall make and certify 
 abstracts of returns of the district, as to district officers, which ho 
 shall cause to be published throughout the district from that time to the 
 day of the next general primary election. All fees and expenses inci- 
 dent to the making and publication of the returns of the district shall 
 be apportioned to the several counties of the same, in the ratio of the 
 numbers of their electors. The Clerk of the legally designated county 
 shall also make and send, at the same time, a certified copy of the ab- 
 stract, as to district officers, to the Secretary of State. Each County 
 Clerk shall make and send abstracts, as to State and national offices, 
 officers and affairs, to the Secretary of State. 
 
 Sec. 9. The Commissioners of each county shall complete their can- 
 vass of the information returns on or before the 20th day of July, and 
 shall publish abstracts of the same throughout the county from that day 
 to the day of the next general primary election, showing the numbers 
 respectively, of the electors who concurrred in each statement, opinion, 
 expression and recommendation, omitting the statements, etc., and 
 names of persons as to county offices, officers and affairs, which were 
 given, or which were recommended by less than one-twentieth of the 
 number of the electors of the county. 
 
 Sec. 10. On or before the 15th day of August, the Secretary of State 
 shall make uj) and certify the returns as to State and national offices, 
 officers and affairs, stating specifically each distinct exi^ression, and the 
 number who concurred therein, and publish abstracts of the same, show- 
 ing these particulars, from that date until the day of the next general 
 election. 
 
 CHAPTEE V. 
 
 IXITI.\L AND INTEEMEDIAKY PUBLIC ACTION IN MUNICIPAL COEPOKATIONS — PEI- 
 MARY ELECTIONS OBJECTS — METHODS. 
 
 Section 1. At least ninety days preceding any general final election 
 of any municipal corporation, the Registers of the several Registration 
 Districts of the municij^ality shall send blank information sheets to the 
 electors thereof, with directions for the making up and sending in their 
 returns within thirty days, and the general primary election for the 
 same shall be held thii-ty days thereafter, or on the Monday following 
 the thirtieth day. 
 
 Sec 2. On the fii^st Monday of September of each year there shall 
 be held, throughout the State, a general primaiy election, for the fol- 
 lowing objects: 
 
 1. For the nomination, in the pi'oper year, of joersons as candidates 
 for precinct, township, county, district and State officers, including the 
 offices of Rejiresentative in Congress and Electors of President and 
 Yice Prssident; and, in the years })receding the election of a United 
 States Senator by the Legislature of the State, the nomination of i^er- 
 sons for the office of United States Senator.
 
 3trUNICIPAL CORPORATIONS, ETC. 39 
 
 2. For the designation, in the proper year, by tlie electors of the 
 State, of their choice of persons for President and Vice President of the 
 United States. 
 
 3. For the legal and authentic recommendations by the electors of the 
 State with respect to the apjDointment of designated persons to desig- 
 nated State and national offices, which are filled by appointment. 
 
 4. For proposing the dis|)lacement of elective officers who are deemed 
 by the electors unfit for their offices, and for the nomination of per- 
 sons as candidates to be voted for at the next ensuing general final elec- 
 tion, to replace sach officers. 
 
 5. For voting by the electors, "For" or " Against " specific declara- 
 tion, as to political j^rincijDles, public policy, and public afiairs. 
 
 6. For voting by the electors, "For" or " Against," specific propo- 
 sitions as to local, State and national legislation. 
 
 7. For specific declarations by the electors as to administrative policy 
 and practice and official conduct, and of their confidence or want of con- 
 fidence in a local, St^te or national administration, or any ^^art or officer 
 thereof. 
 
 Sec. 3. For the nomination of persons as candidates for office at pri- 
 mary elections, either of the following plans may be adopted, in the re- 
 spective political divisions of the State, by the votes of a majority of the 
 electors of the same; and, in the State, by the votes of a majority of the 
 electors of the State, provided that the electors in the smaller divisions 
 which have adopted one of these plans must conform to the plan in use 
 in the larger divisions, or in the State Avith respect to the officers of the 
 larger divisions or of the State. At the first general primary election held 
 under this Act the first plan shall be adopted and observed, to-wit: 
 
 First Plan. — Each elector may vote for one person as a candidate for 
 each office; 
 
 Second Plan. — Each elector may vote for two persons as candidates for 
 each office, his vote counting for each five-tenths (5-10) or 0.5. 
 
 Third Plan. — Each elector may vote for two persons as candidates for 
 each office, his vote counting, according to the order in which 
 the persons are named, six-tenths, four-tenths (O.G) and (0.4.) 
 
 Fourth Plan. — Each elector may vote for three persons as candidates for 
 each office, his vote counting, according to the order in which 
 the persiony arc named, five-tenths, three-tenths, and two-tenths. 
 The value of the vote of each elector shall be the same under 
 each plan, and shall always be a unit, that is to say, one. 
 
 Sec. 4. At the first general primary election held under this Act, and 
 at all subsequent general i)rimary election, the electors of the several 
 election precincts and p(jlitical divisions of this State may vote For or 
 Against, opposite the following titles: 
 
 First method of primaries; 
 Second method of primaries; 
 Third metliod of primaries; 
 Fourth method of primaries. 
 
 The plan which receives the highest number of the votes of the elect- 
 ors of any jiolitical division shall be adopted and observed in that divis- 
 ion in the nomination of persons as candidates for its own offices, until 
 legally changed in the same manner that it was adopted, and the plan
 
 40 FINAL ELECTIONS, ETC. 
 
 Avliich receives the liigliost mimher of A-otes of the electors of the State 
 shall be so adopted and observed in this State iu the uominatiou of per- 
 sons for State and national offices. 
 
 CHAPTEE VI 
 
 FINAL ELECTIONS OBJECTS METHODS. 
 
 Section 1. A general final election shall be held in this State each 
 year, on the next Tuesday after the first Monday in November, for the 
 follov^-ing" objects: 
 
 First, for the election of public officers at the general final election in 
 the year 187-, and each two years thereafter. State and district officers. 
 State Senators and Assendjlymen, and llepresentatives in Congress, shall 
 be chosen, and, in the proper year, Electors of President and Vice Pres- 
 ident. At the general final election in the year 187-, and each two years 
 thereafter, the elective officers of the counties, and of the several politi- 
 cal divisions thereof, and also elective officers of municipal corporations, 
 when their election is not otherwise provided for by laAV, shall bo chosen. 
 Second, for voting on all legislative acts legally submitted to the votes of 
 the electors. Third, for voting for or against specific instructions to lo- 
 cal legislative boards in the State Legislature, proj^osed by a majority of 
 the electors of the proper political divisions of the State, at the last gen- 
 eral primary election. For voting on instructions, proposed, or, at the 
 request of those officers, to Representatives and Senators in Congress, or 
 to the State Senator or member of Assembly of the district, as provided 
 in Section 8, Chapter XXI, of this Act. Fourth, for voting for or against 
 resolutions of apj^roval or censure of the local, State or national admin- 
 istration, or any part or officer thereof, in regard to -which or when a ma- 
 jority of the electors of the proper political divisions, or of the State, 
 expressed their approval or disapproval at the last general primary elec- 
 tion. Fifth, for voting for candidates nominated at the last general pri- 
 mary election to replace elective officers, \vhose displacement was pro- 
 posed at that election by a majority of the electors of the political di- 
 vision in which the , office is held and exercised, or, as to State officers, 
 by a majority of the electors of the State. 
 
 Sec. 2. The choice of persons for elective offices, at final elections, 
 until otherwise legally provided, shall be restricted only to the persons 
 now legally qualified for the same. The electors of the several precincts, 
 townships, municipalities, counties and districts of this State, may vote 
 ■at all general primary elections For or Against the following propo- 
 sitions : 
 
 1. The choice, by electors, at final elections of persons for elective of- 
 fices in any joolitical division of this State, and in this State for State 
 elective offices, shall not be restricted, except by the Constitution of this 
 State, and the Constitution of the United States. 
 
 2. Such choice for each office shall be confined to the three persons who 
 received the highest number of votes as candidates for the same, at the 
 last general primary election; provided, with respect to district and State 
 elective offices, that the Chief Justice of this State shall decide that this 
 restriction is consistent with the provisions of the Constitution of this 
 State, as to the choice of persons for these offices. The Attorney General 
 is hereby required to present this question to the Chief Justice, within 
 sixty days after the passage of this Act, for his decision.
 
 PUBLICATION OF NOTICES, ETC. 41 
 
 3. Such choice for each office shall be confined to the two persons 
 who received the highest number of votes, as candidates for the same at 
 the last j)receding genei-al j^rimary election, with the same provisions 
 and requirements contained in the second proposition. 
 
 The proposition which receives the highest nnmber of votes in any 
 county or political division of the same, at any general primary election, 
 shall be adopted as the rule for voting in all final elections for its own elect- 
 ive officers, until legally changed in the same manner; and the propo- 
 sition which receives the highest number of votes at any general primary 
 election, in any district containing more than one county, or in the State, 
 shall be so adopted in such district, or in the State, in the choice of dis- 
 trict or State officei's at final elections; provided, that the rule thus ap- 
 proved shall be adjudged constitutional with respect to district and State 
 elective offices; but the electors of each county, and each political divis- 
 ion of the same, shall conform to the plan in use in final elections in the 
 larger jDolitical division of which they form part as to the choice of 
 elective officers of the same, and to the plan in use in the State in the 
 election of State elective officers. 
 
 CHAPTER VII. 
 
 PUBLICATION OF NOTICES EELATING TO GENERAL ELECTIONS. 
 
 Section 1. The Commissioner.! of each county shall prescribe the 
 sizes, texture, and color of the ballots, and the size, make and form of 
 the voting envelopes for enclosing ballots, to be used at each general 
 election; jjrovided, these shall be of a kind, or kinds, not difficult for 
 electors to obtain; and, sixty days before and from that time up to the 
 time of each general election, they shall jjublish, throughout the county, 
 a notice particularly describing the same. 
 
 Sec 2. The Commissioners of the county shall cause their clerk to 
 make out and deliver to the Sheriff of the county, at least thirty days be- 
 fore any general primai-y, or gauei-al final election, three wiitten or 
 printed notices for each election precinct, which shall state the time of 
 holding the election, and, in their proper order, the officers to be nomi- 
 nated or elected, and all the action which, under the preceding Sections, 
 elector's are authorized or requested to take, respectively, at these elections. 
 These notices shall be delivered by the Sheriff to the Registers of the 
 several Registration Districts. The polling places and the places in each 
 election precinct at which Acting Registers will receive votes shall be left 
 blank; also the names of Collectors, the places and neighborhoods which 
 they will visit, and the times of their visits, shall ba left blank. These 
 places and times shall be designated by the Register, and, upon the re- 
 ceipt of these iiotices, he shall fill in properly these blanks. These no- 
 tices shall be, as nearly as circumstances will admit, as follows: 
 
 Notice is hereby given, that on the day of next, in 
 
 election pi-ecinct, of Registration District, there will be held a 
 
 general primary election (or general final election) for the nomination 
 (or election) of persons to fill tho following named offices: [Here name 
 the offices to be filled in the proper order.] In case of a general primary 
 el'jction, there sliall bo added to this: "And for the following objects." 
 JHere state all the objects detailed in Section 1, Chapter V, which are to 
 be voted upon.] 
 6
 
 42 BALLOTS TO BE USED, ETC. 
 
 In case of a fjfenoral final election there shall be added the words: 
 " And for the following- objects:" 
 
 1. To vote for or against the followinj^ legislative acts, legally submit- 
 ted to the votes of the electors: [Here give full lists of these acts, with 
 numbers and titles.] 
 
 2. To vote for or against the following j^roposed instructions: [Here 
 insert the proposed instructions, properly numbered and designated.] 
 To vote on special instructions, asked for by a Senator or Representative 
 in Congi-ess, or a State Senator or member of the Assembly of the Sena- 
 torial or Assembly district, [stating the matters to which instructions are 
 desired. ] 
 
 3. For voting for or against resolutions of approval of the local. State 
 or national administration, or any x)art or officer thereof. 
 
 4. ["When it shall appear, from official i-eturns, that the displacement 
 of any elective officer whose term of service extends one year or more 
 from the first Monday of the next January, or as proposed by a majority 
 of the electors of the proper political division; or, in case of State officers, 
 at the last general primary election, the notice shall contain the 
 following:] To vote for either of the following named candidates 
 nominated to replace the incumbents of the offices designated. [Here 
 give the title of each office and the name of the candidates for each of- 
 fice so nominated. | 
 
 The Register (or Acting Register) will receive votes at his office in this 
 precinct, [here the place to be particularly described,] during all office 
 
 hours, on the , , days of preceding the ■ 
 
 election. A Collector (or collectors) of Votes will call on the electors of 
 
 this precinct from of o'clock a. m. to o'clock p. m. of 
 
 these days (except one hour of each day, for intermission) at their 
 places of residence, business or resort, to receive, in trust, their votes, 
 which they will safely carry and deliver to the Register; or, on the day* 
 of election, to the Election Board, as authorized and directed by law. 
 
 A. B. ■ Collector, will visit the house of , and its neigh- 
 borhood, during the hours of , — inst., etc., etc., or pass 
 
 [over a route to be described] during hours, of _ , ~ 
 
 inst. , etc. All electors desiring to avail themselves of his services will 
 please prepare for his visit, and cause him no unnecessary delay. 
 
 The Register shall see that these notices are properly posted in the sev- 
 eral precincts at least twenty days before each election, and that they are 
 also published for the same time, in the usual manner. 
 
 Sec. 3. days' notice shall be given by the Commissioners of 
 
 the county, of speciaf elections, which notice sliall be filled in with places 
 
 of voting, etc., in each precinct, by the Register, , and by him 
 
 posted in each precinct days before such special election. 
 
 Sec. 4. All expenses of advertising and printing or posting notices, 
 etc., shall be paid out of the County Treasury, on order of the Commis- 
 sioners of the county, after the accounts have been presented by the 
 l^roper officers, and have been jn'operly audited. 
 
 be; 
 
 CHAPTER VIII. 
 
 BALLOTS TO B"E USED AT GENERAL PRIMARY AND GENERAL FINAL ELECTIONS. 
 
 Section 1. The ballots to be used at general primary elections shall
 
 RECEIVERS OF VOTES, ETC. 43 
 
 1. The ballot for officers, including, in the proper years, precinct, 
 township and county, or district and State officers, Kepresentatives in 
 Congress, United States Senator, and Electors for President and Vice 
 President, with designation of persons preferred for the offices of Presi- 
 dent and Vice President, and, when there is sufficient space, recommend- 
 ations of persons for State and national offices, to be filled by appoint- 
 ment, may be made on the same ballot. When there is not space for 
 tbis, a separate ballot must be used for this purpose. The titles for elect- 
 ive offices shall be arranged on the ballot in the order fixed by law. 
 
 2. Propositions for the displacement of elective officers, and the nom- 
 ination of persons to replace the same, shall be on one ballot. This 
 ballot shall be so arranged that the elector may vote For or Against 
 the displacement of an elective officer. 
 
 3. Specific propositions, as to legislative action, shall be upon one 
 ballot. 
 
 4. First, specific declaration, as to political principles, public policy, 
 and public afiairs, shall be on one ballot; second, specific declarations, 
 as to administrative policy and practice, and the official conduct of pub- 
 lic officers, and of confidence or want of confidence, in a local. State or 
 national administration, or any part thereof, may also be on the same 
 ballot, when the space is sufficient; or, 
 
 5. The second class of declarations may be on one separate ballot. 
 All propositions and declarations shall be stated separately and distinctly, 
 and a space shall be left opposite each specific proposition and declara- 
 tion, at the right of the ballot, in which may be written or printed the 
 ■word For or the word Against. The ballots shall have suitable titles, 
 written or printed at their heads, as: 1, officers; 2, disj)lacement or re- 
 placement; 3, legislative propositions; 4, declarations, first class, or first 
 and second class; 5, declarations, second class. 
 
 Sec. 2. At general final elections the following named ballots shall 
 be used: 
 
 1. For voting for persons for elective offices. 
 
 2. For voting for or against legislative acts. 
 
 3. For voting for or against specific instructions. 
 
 4. For voting for or against resolutions of approval or disai^proval of 
 a local. State or national administration, in whole or in part, or of the 
 official conduct of any officer threof . 
 
 CHAPTER IX. 
 
 KECErVEES OF VOTES — COLLECTORS THEIR DUTIES. 
 
 Section 1. There shall he appointed in the several Registration Dis- 
 tricts, by the Register thereof, as many Receivers of Votes as may be re- 
 quired. The duties of a Receiver of Votes shall be to receive votes in 
 trust from electors during the three days preceding and on the day of 
 election, at the places and in the manner hereinafter designated and de- 
 scribed, and to send or carry and deliver them to the Register and one 
 or more Inspectors during the three days preceding such election, 
 or on the day of election, to the Election Board. The Register shall bo 
 c.r-ojjici.o a Receiver of Votes. 
 
 Sec. 2. The Register shall appoint for each precinct of his Registra- 
 tion District as many deputies, to be called Collectors of Votes, Avho shall 
 be receivers of votes, as may be necessary. It sliall be the special duty
 
 44 KECEIVEES OF VOTES, ETC. 
 
 of Collectors to visit the electors at their residences, business places, 
 workin;^' establishments, places of resort, and other convenient places, 
 within the precinct, or llegistration District, from 7 o'clock in the fore- 
 noon to G o'clock in the afternoon, during the three da^^s precedinj^ an 
 election; and from G o'clock in the forenoon to 4 o'clock in the afternoon, 
 on the day of election, except t)no hour each day, which they may take 
 for refreshment. Collectors shall be selected with special reference to 
 their intimate acquaintance with the respective localities of their pre- 
 cincts, and the occupations and circumstances of the electors; and, more 
 especially, with reference to their politeness, activity, fidelity and general 
 adaptability for this service. They shall endeavor, as much as possible, 
 to acconnuodate those electors who are closely occupied in industrial, 
 commercial or other respectable employments, by calling ujion them at 
 the places and times most convenient for the jorepai-ation and delivery of 
 their votes. AVhen six or more electors shall send timely information to the 
 Eegister, or Acting Register, as to the place, within the precinct or Reg- 
 istration District, and the time at which they wish to deliver their votes, 
 the Register, or Acting Register, shall direct the proper Collector to call 
 upon them at the place and time designated, when he can do so without 
 neglect of his more general duties. 
 
 Sec. 3. Want of proper attention to an elector, and especially any 
 rudeness toward him by a Collector or other election officer, will be pnn- 
 ished as provided in Section 1, Chapter XXVIII, of this Act; but collect- 
 ors shall not be required to submit to unreasonable anno^'ance or delay. 
 Electoi's who desire to avail themselves of the services of these officers, 
 should be as prompt in the preparation and delivery of their ballots as 
 circumstances will admit. Collectors calling at any place or residence, 
 shall not be required to wait for admission more than five minutes, after 
 making the proper signal, nor more than ten minutes, for any elector to 
 prepare and deliver his vote. 
 
 Sec. 4. Each Receiver of Votes shall be provided with an alphabetical 
 list of the electors of the precinct, containing descriptions of the persons 
 and residences of the electors; delivery and receipt book, a book of 
 blank affidavits, a suitable seal or stamp, and a suitable c[uantity of blank 
 ballots and voting envelopes, of the legally prescribed sizes and qiiality, 
 which receivers may furnish to electors who may apply to them for the 
 delivery of their votes; they shall not write or suggest the writing of any 
 name or thing upon the ballots. Collectors of votes shall be provided 
 also with a receiving box, a suitable sack, conveniently arranged, and 
 with all other materials and conveniences which, by experience, have 
 been found to facilitate and expedite the discharge of their duties. 
 
 Sec. 5. Due notice shall be given, as sjiecified in Section 2, Chaj)ter 
 YII, of the times of visits of Collector at the princii^l places and neigh- 
 boi'hoods of each j)i'ecinct. These visits shall be specially and carefully 
 arranged by each Register with a view to the greatest public conve- 
 nience. 
 
 Sec. 6. No Collector or Receiver of Votes, -nor any officer of an Elec- 
 tion Board, except the Register, shall receive the vote of any person 
 whose name is not in an alphabetical list of the electors of such pre- 
 cinct, furnished by the Register, or in the j^oH books furnished by him 
 for such precinct; provided, that an elector Avhose name has been omitted 
 in copying from the Official Register, may have the same inserted in its 
 proper place on such lists, or on the poll books, before the daj' of elec- 
 tion, by virtue of a written authority of the Register, attested by his of- 
 ficial seal; and that the vote of such a person, whose name is not thus
 
 RECEIVERS OF VOTES, ETC. 45 
 
 restored, on proper proof of that omission, may be received by the Elec- 
 tion Board at any meeting of the same, held after the jireliminary count. 
 
 Sec. 7. The fact of the ajDi^earance of the name of any person as an 
 elector on the alj^habetical check lists furnished by the Register shall be 
 prima facie evidence to collectors, and other receivers of votes, of the 
 right of such elector to vote, and the apj)earance of a name on the poll 
 books furnished by the Register, shall be prima facie evidence to the of- 
 ficers of an Election Board of the right of such person to vote; j)rovided, 
 that when, from knowledge or information, any Receiver of Votes, or officer 
 of an Election Board apjjointed to receive votes, shall have good reason 
 to believe that the person who offers the vote is not the person who was 
 registered in the name he gives and claims as his own, the vote of such 
 person shall not be received until he has proved his identity as the j)er- 
 son who was registered in that name. 
 
 Sec 8. "When a person applies to a Receiver of Votes elsewhere than 
 at the election polls, for the purpose of delivering to him his vote, the 
 officer shall first see that his name is on a certified Registry List; or, if the 
 Register shall be the receiving officer, on the Official Register. If the 
 name is found thereon, the Register may question the person, under oath 
 or otherwise, as to his identity, and ±he said officer may demand the pro- 
 duction of the person's certificate of registration, or the testimony of 
 two respectable citizens, under oath, as to his identity; after which the 
 Receiver may proceed, as prescribed in Section 8, Chapter XI, in the case 
 of an elector who is challenged before an Election Board. If, after this, 
 the Receiver still has reasonable and strong doubts as to the identity of 
 the person, he may refuse to receive his vote; but the person whose vote 
 has been so refused may present himself to the Election Board, either on 
 the day of election or after its close, state the fact that his vote was re- 
 fused by the Receiver, and appeal to the Election Board against the de- 
 cision of that officer; when, on presentation of satisfactory proof of his 
 registration and his right to vote, his vote shall be received. When a 
 vote is tendered to an election officer, by any person, in a name which is 
 already checked on the officer's registry list, or in the poll books of the 
 election precinct, the c[uestion of identity shall be at once raiaed and de- 
 cided, in the manner prescribed in this Section; and, in counting, the 
 rightful vote shall be received and the other rejected, a mark being put 
 uj)on the voting envelope of the legal, or of the illegal vote, by which 
 they may be clistijiguished from each other. 
 
 Sec. 1). Any elector may obtain from any of the receiving officers, or 
 the Election Board of his precinct, a certified duplicate of his bal- 
 lot. When an elector, who does not wish to obtain certified duplicates, 
 desires to deliver his vote, he shall enclose his ballots in a jiroper en- 
 veloi^e, seal or close the envelope, and write his name, or have his name 
 written, legibly across its face. The receiver, officer, or Insjoector shall 
 then receive the envelope from the elector, and, in his presence, stamp 
 or write his own name and office across its face, extending this stamp or 
 writing across the place Avhere the envelope Avas closed. Electors may 
 sign their ballots, to be thus delivered, before enclosing them, and may 
 be advised, but not urged, by election officers, to do so; or they may im- 
 press upon their ballots any seal or stam}), or make uj^on them any mark 
 by which they can identify them. Upon the receipt from an elector of 
 his voting envelope the receiving officer, or Inspector, shall make out and 
 sign a receipt for it, stating time and place, and shall take from the 
 elector a written acknowledgement of the delivery of the vote in the pre- 
 scribed form, stating time and place and the name of the officer, which
 
 4G RECEIVERS OF VOTES, ETC. 
 
 acknowledgmont shall he signed by the elector, or, if the elector cannot 
 sign, the ticlcuowlcdgemonfc shall be signed by another elector whoui 
 ho shall designate. When this acknowledgment is given the re- 
 ceiving officer shall check the name upon his list, hand the proper 
 elector his receipt, and, in his presence, put the voting envelope into his 
 receiving box. 
 
 Sec. 10. When an elector wishes to obtain certified duplicates of his 
 ballots, he shall prepare and sign the originals and the duplicates. Ho 
 shall hand the duplicates to the receiving officer, or Inspector. He shall 
 then read from the originals, beginning with the ballots for elective of- 
 ficers — first, the title of the office, and next, the name of each person for 
 whom he votes, as a candidate for the office, or to fill the same. As 
 he reads each name and title, it shall be checked by the receiver, or In- 
 spector. When the duplic^ate ballots are thus disposed of, the elector 
 shall take the ballot for displacement or replacement, should there be 
 one, and he and the officer shall proceed in the same way. The elector 
 shall then take successively each ballot, in the order designated in Sec- 
 tions 1 and 2, Chapter VIII, and read from them, one by one, each legis- 
 lative act, and each distinct proposition, declaration and resolution, 
 which, as read, the receiver or Inspector shall check. When this is 
 done the officer shall take the originals and compare them with the du- 
 plicates, correct discrejoancies and errors, and stamp the duplicates with 
 his stamp, and hand them to the elector, who shall then jjroceed with 
 the originals, as prescribed in Section 9, of this Chapter, with respect to 
 the delivery and I'eceipt of votes. 
 
 Sec. 11. The Register's receiving box and the ballot box shall be of 
 suitable material and construction. The receiving boxes of collectors 
 shall be of tough sheet metal, with a suitable handle, and of proper size. 
 All receiving and ballot boxes shall have a slit at the top of the precise 
 dimensions required to admit a voting envelope of the prescribed size, 
 containing all the ballots which an elector is authorized to enclose there- 
 in, and so arranged that a vote once put into the box cannot be with- 
 drawn. All receiving boxes shall have two good locks and keys of differ- 
 ent kinds, and all ballot boxes one suitable lock and key. 
 
 Sec. 12. Between the hours of 4 and G o'clock, in the afternoon of 
 the fourth day preceding an election, each Register, or Acting Register, 
 shall dehver, at his office, to each collector of the precinct, in the pres- 
 ence of one or more of the Insjiectors of the same, a collector's receiving 
 box. The box shall be carefully examined by the Inspectors, and the 
 Register, or acting Register, to see that nothing is contained therein. It 
 shall then be carefully locked by the Register, or Acting Register, and 
 one Inspector, each retaining a key. A paper shall then be pasted over 
 each lock, and so marked that it cannot be removed without giving evi- 
 dence, by its aj)pearance, of the fact. The box shall then be delivered 
 to the collector. At the same time and place the receiving box of the 
 Register, or Acting Register, shall be locked and sealed by one or both of 
 the Inspectors, each Inspector retaining a key,- or, when but one Inspec- 
 tor is present, he shall take both keys, handing one to the other Inspector 
 at the first opportunity. 
 
 Sec 13. Each collector of votes shall make a daily i*eturn to the Reg- 
 ister, or acting Register, of the proper precinct at half past G o'clock of 
 the afternoon during the three days j)receding the day of election, and 
 there publicly, in the presence of one or more Inspectors, deliver to him 
 his receiving box. An Inspector shall j)ubl:cly unseal and unlock this 
 box, and take therefrom, one by one, the voting envelopes, calling each
 
 RECEIVERS OF VOTES, ETC. 47 
 
 successive name found thereon. The othei* Inspector, or some person to 
 be designated bj the Inspector present, shall check, or double check, 
 each name, as called, on the collector's registry list. The Register, or 
 acting Register, shall check each name, as called, on his poll book, in 
 the first checking column at the right of the name. As the names are 
 thus checked, the envelopes shall be put into the Register's, or Acting Reg- 
 ister's, recei\ing box, publicly, by an Inspector. When, on examination 
 of the collector's list, it is found that there are names thereon which were 
 checked by him that have not been double checked, or checked by the 
 Register, or acting Register, the collector shall be asked to explain, if he 
 can, the discrepancy. The Collector's delivery and receipt book shall be 
 examined, and if this presents evidence that the vote of the elector whose 
 name was checked by the collector, but whose vote was not found in his 
 receiving box, was delivered to the Collector, the elector shall be informed, 
 by publication or notice served upon him personally, and notified that his 
 vote will be received by any election official authorized to receive votes. 
 If the Register, or Acting Register and Inspecter, shall believe that the 
 loss of the vote was accidental, the collector may be permitted to resume 
 his duties. If they shall not be satisfied of this, he shall be discharged 
 from his office, and the Register, or Acting Register, shall appoint some 
 other qualified person to act in his place. If votes of electors are found 
 in the collector's box against whose names, in the Collector's list, there 
 are no checks, reference shall be made to the collector's delivery and re- 
 ceipt book, and if that presents evidence that the votes Avere delivered, 
 the proper checks shall be entered, and the enveloj)es containing the bal- 
 lots voted shall be put into the Register's, or Acting Register's, receiving 
 box. If the delivery and receipt book presents no evidence of the delivery 
 of such votes, they shall be withheld and placed in charge of the Register, 
 or acting Register. 
 
 When all the votes are taken from the collector's boxes, checked and 
 put into the Register's, or Acting Register's, receiving box, or are other- 
 wise leg'Blly disposed of, and all necessary entries and corrections are 
 made, the Collector's boxes shall be i*elocked and resealed in the manner 
 provided in Section 12, Chap. IX, of this Act, for locking and sealing the 
 same, and shall then be handed to the proper collectors. On the day of 
 election, collectors shall deliver their boxes to the proper Insj)ector at 5 
 o'clock in the afternoon; also their delivery and receipt books, books of 
 affidavits, and registry lists. 
 
 Sec. 14. The Register and acting Register shall receive votes at their 
 offices from 7 o'clock in the forenoon to 5 o'clock in the aftei-noon, during 
 the three days next preceding a general election, in the same manner pre- 
 scribed in the foregoing sections for other receivers of votes, but shall 
 check the names of electors as their votes are received on the list of 
 electors entered on his poll book, the Register impressing his seal, and 
 acting Registers tlieir seals or stamps upon duplicate ballots. The Reg- 
 ister, or acting Register, shall check each vote received, in any authorized 
 way, before the day of election, in the first column in his poll book at 
 the right of tlie list of names opposite the name of each elector whose 
 vote has been received, and shall indicate by letters, or otherwise, by and 
 ihrou'^h whom the vote was received.
 
 48 POSTAL. EXPRESS, ETC. 
 
 CHAPTER X. 
 
 POST^Ui, EXPKESS, TELEGRAPH AND OTHER FACILITIES PRIVATE MESSENGERS. 
 
 Section 1. The majority of the electors of any county, or political 
 division thereof, by their votes, given at a general primary election, or 
 at public meetings' of the electors, may authorize and require the Regis- 
 ters of the district or districts included, in whole or in part, to appoint 
 such officers or employes of designated express, telegraph, or other compa- 
 nies, who may have conveniences for this service, or may be legally author- 
 ized to act as receivers and carriers of votes within such district or dis- 
 tricts, or parts of the same; or they may decide that the postal facilities 
 of the General Government may be used therein for these purposes. The 
 majority of the electors may provide, also, for the appointment by the 
 severalelectox-s of such district or districts, or jDarts of districts, of pri- 
 vate messengers, to carry and deliver their votes. 
 
 Sec. 2. The said electors, when giving such authority and making 
 such requirements, shall state distinctly the arrangements they have au- 
 thorized, and these shall be certified to officially by the election officers, 
 or officers of the public meetings of the electors. The Register, or Heg- 
 isters, thus instructed, shall proceed at the time and in the manner speci- 
 fied, to make the arrangements authorized and required, if practicable; 
 and when they have done this, they shall give notice by publication in 
 the usual way, for thirty days, in the j^roper district, or districts, precinct, 
 or precincts. A company, o.t comjmnies, so authorized shall designate, 
 officially, those of their officers, or employes, assigned by it, or them, to 
 this sei-vice; and if these officers and employes are approved by the proper 
 Register, or registers, they shall be duly sworn, instructed and author- 
 ized by the proper Register, who shall furnish them with registry lists, 
 books, etc., as provided in Section 4, Chapter IX. The officers of ex- 
 press, and other suitable companies, may be authorized to act as collect- 
 ors of votes, subject to all the legal requirements of those officers. They 
 may also be authorized to receive votes at designated offices, or stations, 
 within the several precincts. In the same manner as other receivers of 
 votes, under such additional requirements and secarities as the majority 
 of the electors may prescribe. 
 
 Sec. 3. Telegi-aph operators within the district, or districts, precinct, 
 or precincts, referred to in Sections 1 and 2, Chapter X, may be selected, 
 authorized and provided, as prescrilied in Section 2, Chapter X. The 
 majority of electors of one or more registration districts may authorize 
 the sending of votes of electors of such district, or districts, by telegraph 
 from any part of the United States, within a certain time, not exceeding 
 four days previous to an election, by the said electors, to the proper elec- 
 tion officers of the same, and their recei2:)t by such officers, in accordance 
 with the provisions of Section 4 of this Chaj)ter, and such additional re- 
 quirements as may be made by the electors giving notice of such authority. 
 
 Sec. 4. Persons applying for the transmission of their votes must 
 produce and deliver to the telegraph, or postal officer, their certificate of 
 registrations, The telegraph operator, or postal officer, who receives a 
 vote, shall certify to the delivery to him of the certificate of registration 
 by the applicant, and that he agrees in person with the description con- 
 tained in the certificate, or, if the person does not so agree, his vote shall 
 be refused. Ballots intended for transmission by telegraph, or post, 
 must be made in duplicate, in the manner prescribed in Section 10, Chap- 
 ter IX, of this Act. The operator at the telegraph office, at which the
 
 POSTAL, EXPRESS, ETC. 49 
 
 vote is received, immediately after the certification of the duplicate bal- 
 lot, or ballots, shall send to" the telegraph office in or nearest to the elec- 
 tion precinct at which the vote is to be delivered, a copy of each ballot, 
 and his certificate that the person agrees with the description above re- 
 ferred to, when the ojDcrator, who received and sends the vote, knows the 
 person thus voting, he shall certify to his identity. If the j^erson is not 
 known to him, he shall obtain and send, at the same time, by telegraph 
 the certificates, under oath, of two reputable citizens of the vicinity, 
 known to him, of the identity of the j^erson. The operator at the tele- 
 graph office, to which the ballot or ballots are sent, after writing them 
 out, shall have thera repeated by the sending operator, and, if there are 
 erroi-s in the copy, or cojoies, he shall correct them. He shall then en- 
 close the corrected copy, or copies, of the ballot, or ballots, in a single 
 envelope, and write upon it the name of the elector and the words: 
 
 Vote of , sent from office, by , operator; at • 
 
 o'clock. Received at office o'clock. 
 
 (Signed) , Operator. 
 
 He shall then place, in a larger envelope, the certificate, or certificates, 
 received from the sending officer, and in this envelope the envelope con- 
 taining the copy or copies of the ballot or ballots, and address this last 
 named envelope to the Register, or acting Register, of the proper pre- 
 cinct. He shall then send the votes and certificates, thus enclosed, by the 
 proper telegraphic messenger to such Register, or acting Register, who shall 
 sign the usuaf receipt upon the telegraph delivery book. The sending 
 operator shall enclose the original ballot, or ballots, and the certificate 
 of registration by the first mail, and send the same in a registered letter 
 to the proper Register, or acting Register; and he shall retain the du- 
 plicates. Postmasters shall proceed in the same manner in the i-eceipt 
 of votes, but shall send immediately after the receipt in a registered enve- 
 lope the original ballots and certificates, separately enclosed and prop- 
 erly superscribed, to the postmaster in or nearest the precinct to which the 
 vote is sent. Votes may be sent by telegraph four days ]>revious to the 
 dav of election, and until 4 o'clock of the afteenoon of that day, and 
 votes may be sent by post ten days previous to the day of election, and 
 up to the time when they can reach the proper election officers by noon 
 of that day. Votes sent by telegraph or mail to the Register, or Acting 
 Register, on the day of election, when received, shall be handed by him 
 to the Inspector, who receives votes. Registers, or Acting Registers, and 
 Election Boards, may withhold any vote received by telegraph, or mail, 
 when the name in which it is sent is already checked in the registry list, 
 or poll books, and when there is, for any cause, good reason to doubt its 
 legality. Upon proper proof, such vote so withheld, may be received by 
 the Election Board after the preliminary count, but the special facts of 
 each case muSt there appear in the official proceedings of the Board. 
 
 Sec. 5. Pi-ivate messengers may be authorized and appointed in either 
 of the following methods: 
 
 1. Any elector may authorize in writing any person, of lawful age, to 
 perform for him this service, the written authorization to be in a form 
 prescribed by the Register, and to be filed, for record, in the Registiy 
 office of the proper Registration District. The person thereby author- 
 ized shall make himself pers(;nally known to the Register, or acting Reg- 
 ister. The person thus authorized may act as the agent and representa- 
 7
 
 50 VOTING AT THE POLLS. 
 
 tive of tbo elector, by whom he has been appointed, in the delivery of 
 his Axitc to tlie Re^fi^ister, acting Register, or Election Board, joeforming 
 all the acts in reference thereto that, by law, are required of electors; but, 
 in all cases, those officers may require satisfactory proof of the identity 
 uf the messenger. 
 
 2. Any elector who desires to avail himself of the benefits of the fol- 
 lowing provisions, shall cause to bo tiled in the office of the Register a 
 paper containing an impression of some seal, or marked with some c}"- 
 plicr or device, as his own peculiar seal, cypher, or device, neither of 
 which shall l)e so much like any other on tile in said office that it may not 
 be readily and clearly idcnti'ied. Such elector shall make, in brief form, 
 to be prescribed by the Register, a general authorization to any person 
 bringing with him a written authority, signed by himself, and impressed 
 with his seal, or marked Avith his cypher or device, to carry and deliver 
 to the Register, acting Register, or Election Board, his vote; provided 
 such person shall be an emjiloye of said elector, a member of his family 
 not under twelve years of age, a neighbor of said elector, or his conii- 
 dcntial friend. If the person, coming within this description, can be 
 identified by or before the Register, acting Register, or the Election 
 Board, the vote of the elector thus sent and delivered shall be received 
 in the usual manner, the agent being required to act for his principal, as 
 in all other cases. All votes delivered by private messengers shall have 
 the name and title of the messenger written on the voting envelope, be- 
 low that of the elector. Electors making use of any of the agencies or 
 conveniences authorized and provided for in Sections 104 to 105, inclusive, 
 shall do so at their own charge and expense. 
 
 CHAPTER XI. 
 
 VOTING AT THE POLLS. 
 
 Section 1, At all elections to be held under this Act, the polls shall be 
 opened at the hour of 8 o'clock in the forenoon, and continue open until 
 6 o'clock in the afternoon, at which time the polls shall be closed. Upon 
 opening the 2:)olls, one of the Inspectors shall make jn-oclamation, by voice, 
 of the same. Thirty minutes before closing the polls, proclamation will 
 be made in the same manner, that the polls will be closed in half an hour; 
 but the Board, at their discretion, may adjourn the polls for one hour at any 
 ti]iie they may think proper during the day, before 4 o'clock in the after- 
 noon, vocal proclamation being made of the same. 
 
 Sec 2. One ballot box shall be used at each place of polling. Be- 
 fore the opening of the polls the ballot box shall be examined carefully 
 by all the members of the Election Board, to see that nothing remains 
 therein. The ballot box shall then be locked and sealed, and the key 
 thereof delivered to one of the Inspectors, designated by the Election 
 Board, and it shall not be opened until after the polls are finally closed. 
 
 Sec. 3. The Register, or ^Vcting Register, shall be j)resent with the 
 poll books, and shall hand one of the poll books to the clerk for his use. 
 He shall furnish the Inspector, who is to receive votes directly from the 
 electors, with a suitable stamj:), which he shall use as prescribed in Sec- 
 tion 9, Chapter IX, of this Act, for receiving votes. The Inspectors shall 
 receive votes during the time in which the polls are open, and judge as 
 to the identity and rights of electors. In matters of difference relating 
 to such identity or rights, they shall refer to the Register, or Acting Reg-
 
 VOTING AT THE POLLS. 51 
 
 ister, and if, after such reference, they cannot apfree, the Re.Ofister, or Act- 
 ing Register, shall decide between them. The books containing receipts 
 for certificates of registration, with signatures of electors and other 
 books and papers, authorizations to private messengers, etc., and photo- 
 grajjhs or other likenesses, that may assist in identifying electors or mes- 
 sengers, shall be i^laced by the Register where they will be easily access- 
 ible to the officers of the Election Board. Each Register shall furnish 
 each deputy appointed by him to act as Register in any election precinct, 
 all things of this kind relating to the electors of such precinct, and such 
 Acting Register shall place them, in like manner, where they will be 
 most convenient for the use of the Election Board of such j)recinct. 
 These means of identification may be used as occasion may require by 
 the Inspectors. The Register, or Acting Register, shall assist the In- 
 spectors so far as he can, Vvhen called upon, as to proof or disproof of 
 identity. 
 
 Sec. 4. The poll books shall be arranged as follows: First, on the 
 left of the page, the number of the elector on the Official Register. Sec- 
 ond, next, to the right of these numbers, the names of the electors of 
 the precinct, alphabetically arranged. Third, at the right of this list of 
 names five or six vertical lines, forming columns, the requisite spaces to 
 bo used as checking columns. Fourth, a vertical column, separated in 
 the same manner, for the insertion of the number of the vote, as with- 
 drawn for count. Fifth, a column of sufficient width, at the extreme 
 left, for remarks. At the head of each page shall be written, or j)rinted: 
 
 Poll Books for Election Precinct, Township No. , Coun- 
 ty of and State of , for the election of A. 
 
 D. 18 . 
 
 Sec. 5. When a vote is received by an Inspector, and not objected to, 
 the Inspector shall read audibly the name of the elector on the envelope. 
 The Register, or Acting Register, and the clerk, shall then examine the 
 list of names of electors in their respective poll books, and, if the name 
 is found therein, and no check is fovind against it on the poll book of 
 the Register, indicating that the elector has already delivered his vote, 
 a check shall be placed in the first checking column of their respective 
 poll books by the Register or Acting Register, and the clerk, and the 
 Register, or Acting Register, first, and then the clerk, shall repeat the 
 name audibly and say "Check," when the envelope, enclosing the bal- 
 lots, shall be i)\it by the Insi:)ector into the ballot box. If a check 
 against the name is found in the proper checking column in the Reg- 
 ister's poll book, the vote shall not be received. 
 
 Sec. G. Electors shall deliver the envelopes containing their ballots, 
 properly superscribed, publicly to one of the Insjoectors; but, if any 
 elector wishes to get certified duplicates of his ballots, these shall be 
 given to him in the same manner prescribed in Section 10, Chapter IX, 
 by the other Inspector, who, wlien this duty has been fully attended to, 
 shall hand the sealed and proi)erly prepared envelope containing the 
 original ballots to the Inspector Avho receives votes, when the officers of 
 the Election Board shall proceed as prescribed in Section 5, Chajiter XI. 
 
 Sec. 7. All the ret^uirements in Sections G, 7, 8, 9 and 10, Chapter 
 IX, of this Act, relating to the delivery and receipt of votes, when not 
 otherwise si^ccially provided for, shall be strictly observed by the officers 
 of each Election Board. No person shall be allowed to vote at the polls 
 •whose name i.i not on the poll books, or who shall I'cfuse to comply 
 with the requirements of Section 8, Chapter IX, and Section 8, Chapter
 
 52 OPENING RECEIVING BOX, ETC. 
 
 XI, of this Act. Tlie presence of tlie name of nny person on the lists of 
 electors in the poll books shall be, to the Inspectors, conclusive evi- 
 dence of the riijht of the person to vote; jirovided, that such person may 
 bo required to {^ive true answers to questions that may be asked 
 him by the ofhcers of the Election Boord touching' his identity. 
 
 Sec, 8. Any person oii'erinji; to vote may be challenged, orally, by 
 any elector of the precinct, on the ground that he is not, as claimed, the 
 person entitled to vote, or that he has already delivered his vote to an 
 election of'ricer during the three days previous to the day of election, or 
 on that day. "Wlien the person is thus challenged, the llegister, Acting 
 llegister, or an Inspector, shall tender to him the following oath: 
 
 " You do swear (or ailirm) that you are the person whose name is en- 
 tered in the registration list of this precinct, and that you have not de- 
 livered your vote for the pending election to any Collector or other of- 
 licer of election." 
 
 If such person shall fail to take the oath so tendered, he shall not be 
 allowed to vote. The Register, or Acting Register, and the clerk, each, 
 shall enter the word "Challenged" oil his poll book, opposite the name 
 of such challenged person who does not prove satisfactorily, by oatb or 
 otlierwise, his I'ight to vote. 
 
 Sec. 9. Wiien the polls of the election have been closed finally, the 
 Election Board may take one hour for refreshment, the receiving boxes 
 of the Register, or Acting Register, and of Collectors, and the ballot 
 box, being placed meantime in the possession of different oiScers of the 
 Election Board, after being locked and secured, as provided in Section 12, 
 Chapter IX, the key to the ballot box being held by a dift'erent officer of 
 the Board from the one who has the box; and when a box has t\\o keys, 
 these and the box shall be held separately by three different members of 
 the Board. The Register, or Acting Register, shall keep possession of 
 his own poll book, and the poll book of the clerk shall be held by one 
 of the Inspectors. Like disposition shall be made of the boxes, keys 
 and books, until the completion of the official count, during the times of 
 the adjournment of the Board. The ballot book and tally sets, after 
 being used, shall each be kept at such times by an officer, or two officers, 
 of the Election Board, to be selected by themselves. 
 
 CHAPTER XII. 
 
 OPENTKG EECErVTNG BOX AND BALLOT BOX TAKING OUT, OPENING AND CANVASS- 
 ING VOTES. 
 
 Section 1. When reassembled, the Election Board shall proceed im- 
 mediately, in pi;l)lic viev/, to open the Register's, or Acting Register's re- 
 ceiving box. They shall have them Avith the poll books, the ballot books, 
 and the requisite number of sets of tally sheets. The ballot book shall bo 
 paged, and its blank leaves prepared with some mucilaginous and firmlj' 
 adhesive substance, so that, with slight preiiaration, the ballots can l)e 
 pasted easily and securely therein. The receiving box of the Register, 
 or Acting Register, after being opened, shall be placed in charge of one 
 of the Insj^ectors, to be agreed upon by the members of the Election 
 Board, who shall j)roceed to take therefrom, one by one, the envelopes 
 which contain the ballots, call out audibly the name of each elector 
 which he finds written uj)on the same, and look at the opposite side of
 
 OPENING RECEIVING BOX, ETC, 53 
 
 the envelope to see whether it has been tampered with. The Eegister, 
 or Acting Register, shall examine the list of electors in his poll book, 
 and if he finds the name, vdth a check entered against it, in the proper 
 column, he shall double check it in the same column; and if he finds no 
 such check, he shall check it in that column singlj'. The clerk shall ex- 
 amine the list in his poll book, and, when he finds the name, check it in 
 the first checking column, when first the Register, or Acting Register, 
 and then the clerk, shall rej^eat the name audibly and say "Checked. "' The 
 Inspector shall then open the enveloi^e, at one of its ends, and take 
 therefrom the ballots. In both primary and final elections he shall first 
 take the ballot for officers and hand it to the other Inspector, who shall 
 have possession and care of the ballot book. In primary elections, he shall 
 continue to hand to the other Insjiector the several ballots, in the order 
 in which they are named in Section 2, Chapter VII, of this Act; and, in 
 final elections, he shall continue to hand them, in the order in which 
 the}' are named in Section 3, Chapter VII. 
 
 Sec. 2. The Inspector who has charge of the ballot book shall paste 
 these ballots, side by side, or consecutively, in the same order in which 
 they are received by him, and, when all the ballots contained in the first 
 voting envelope so taken out and opened have been thus disposed of, he 
 shall number each, of said ballots One, and continue to dispose of all the 
 ballots of each elector as j^resented him, in the same manner, and to 
 number them in the order of the withdrawal of the votes from the re- 
 ceiving boxes and the ballot box, all the ballots of each elector having 
 the same number. 
 
 Sec. 3. "When all the ballots of an elector are thus pasted and num- 
 bered, the Inspector having the ballot book shall repeat the name (which, 
 if he cannot recall, shall be given to him by a member of the Board.) 
 The checking columns, at the right of the first checking column, shall 
 have printed, or written, at their heads the titles of the several ballots, 
 or titles under which the several ballots authorized by law will properly 
 come, as: for general primary elections, offices, disi^lacement and re- 
 placement, propositions, declrations, first class; declarations, second 
 class; and for general final elections, officers, acts submitted, instruc- 
 tions, resslutions, etc. The Inspector last referred to will then call these 
 titles successively, waiting each time for the entry of the proper check 
 by the Register, or Actin Register, and the clerk, who shall check for 
 each ballot, under its proper title, opposite the name of the elector, and 
 the Register, or Acting Register first, and then the clerk, shall say 
 " Checded;" when, after all the ballots are checked, each shall enter in the 
 proper column, opposite the other entries, the number of the vote as 
 withdrawn. The Inspector having charge of the receiving box shall 
 then hand the voting envelope to the other Inspector, who shall examine 
 it to see that no ballot remains therein, and tlien file the envelope for fu- 
 ture reference. The officers of the Election Board shall proceed, in this 
 manner, with each vote, until all the votes are withdrawn from the Regis- 
 tei"'s, or Acting Register's, receiving box, and disposed of, as above pre- 
 scribed. When votes are found in any receiving box or ballot box in 
 names v/hich are not in the proper registry lists, or on t)ie poll books, 
 they shall be rejected. 
 
 Sec. 4. The Election Board shall then open the .teceiving boxes of 
 the Collectors, delivered to the Board on the day of election, and pro- 
 ,ceed to dispose of the ballots therein, as prescribed in Sections 1,2, and 
 •3, of this Chapter, except that the Register, or Acting Register, as well 
 as the clerk, shiill enter a single check in the column of his i^oll book
 
 51 OPENING RECEIVING BOX, ETC. 
 
 aj^ainst eftcli name. When this work is comi-)leted, the Inspector who 
 opens the votes, shall compare, with the Re;;^ister, or Acting- Register, 
 and the clerk, the cliecks on the Collector's list with the checks in the 
 lirst check column of their respective poll hooks, and all discrepancies 
 shall be noted carefully, opposite the names of electors in respect to 
 whom they appear. If any checks are found on the Collector's list of 
 names of electors Avhose names have not been found in the box, the Elec- 
 tion Board shall proceed generally as provided, in the same case, in Sec- 
 tion 13, Cliapter IX, reserving publication and notification of electors 
 whose votes are not found until the completion of the preliminary count. 
 Sec. 5. When all the votes contained in the receiving boxes of the 
 Collectors shall be disposed of, as i:)rescribed in Section 2, of this Chap- 
 ter, the Election Board shall 02)en the ballot box and proceed, as pro- 
 vided in Sections 1, 2 and 3, this Chapter, the Register, or Acting Regis- 
 ter, and the clerk each checking singly in the first check column as each 
 name is first called. 
 
 Sec. G. When all the votes found in the ballot box are thus disposed 
 of, the officers of the Election Board shall review and compare their work. 
 The first checking columns of the two poll books shall be first compared. 
 When it shall be found that no check in the first checking column of the 
 clerk's poll book, opposite the name of an elector which has a single 
 check in the corresponding column of the Register's or Acting Register's 
 poll book, the Register's, or Acting Register's delivery and receipt book 
 shall be examined; and, if it presents evidence that the vote was deliv- 
 ered and received, or facts tending thereto, and the poll books show 
 no entries of ballots in that name, the facts shall be briefly noted 
 by the Rej^ister, or Acting Register, and clerk, in the column of remarks. 
 If the poll books give evidence that the vote of the elector was received, 
 the ballot book shall be examined, and if his ballot or ballots are found 
 pasted therein, the projoer correction shall be made in the i:>oll books. 
 The Register, or Acting Register, and the clerk shall then comimre all 
 the entries in their poll books, and correct omissions and errors, referring 
 to the ballot book when necessary. When they cannot agree as to these, 
 they shall refer to the Inspectors, who shall order the proper corrections; 
 and the poll books shall be made thus to correspond. When the In- 
 spectors cannot agree, such corrections shall be made as are directed by 
 a majority of the members of the Election Board. In every case in 
 which the vote of an elector, whose name was checked by the Register, 
 or Acting Register, or by the clerk on the day of election as having 
 voted, is not found in the ballot box, the fact shall be noted opj^osite the 
 name, in the column for Remarks in each poll book. 
 
 Sec. 7. All ballots found in the voting envelopes, except complete 
 duplicates, shall be pasted in the proper place and connection in the bal- 
 lot book, subject to the proper corrections at the proi)er time. When 
 two ballots, which exactly agree, are found in any voting envelope, one 
 shall be pasted in the ballot book and the other destroyed. If the names 
 of more persons for any office than an elector has a legal right to vote 
 for at a primary or final election are designated in any ballot, except in 
 cases provided for in this Section, all the names so designated must be 
 rejected. When, upon any ballot is found a printed name, and a name 
 written with ink or pencil, the printed name, opposite the written name, 
 must be rejected; or, when, upon any ballot, a name has been erased 
 and another substituted therefor in any other manner than by use of 
 common writing ink, or a lead pencil, the substituted name must be re- 
 jected.
 
 PRELIMINARY COUNT. 55 
 
 Sec. 8. When, at any stage of the canvass or preliminary count, the 
 attention of the Election Board shall be called by one of its members to 
 evidence of the illegality of any vote, the Board shall immediately give 
 their attention to the matter, and decide by a majority of their number 
 as to the legality of the vote. If it is thus decided that the vote is ille- 
 gal, the fact shall be noted in the column for remarks, opposite the name 
 in each poll book, and the vote shall be withheld from the preliminary 
 count. If the decision is made before the voting envelope containing 
 the vote is opened, it shall not then be opened; but, if the voting en- 
 velope has been opened, and the ballot or ballots it contained are pasted 
 in the ballot book, the Inspector having the ballot book shall write, 
 either across the ballot or ballots, or acros the page above the ballot or 
 ballots, the words, "Withheld for illegality." 
 
 CHAPTEE XIII. 
 
 PRELIMINAEY COUNT. 
 
 Section 1. After due performance, in jDublic view, by the Election 
 Board, of the acts described in the immediately^ foregoing Sections, they 
 shall proceed to make, in public view, a preliminary count. The Regis- 
 ter, or Acting Register, and the clerk, shall each have before him, as 
 many sets of tally sheets as there are offices to be filled. There shall 
 also be convenient of access to each as many sets of tally sheets as may be 
 necessary for making up the results of the votes given in the several 
 ballots, and suitable sheets, or books, in which to copy, or jiaste, specific 
 propositions, declarations, instructions, and resolutions, voted for. At 
 the head of each set of tally sheets for votes, as to public officei's, 
 shall be written the title of an office, commencing with the title on the 
 ballot, and continue in the order prescribed by law in voting for elective 
 officers. These sets shall be ari-anged in a pile, corresj)onding to the or- 
 der of titles of the offices. 
 
 Sec. 2. An Inspector, to be chosen by the Board, shall take the ballot 
 book and commence with the first ballot of the elector whose vote Avas 
 first withdrawn, call the number of the vote, the title of the office, and 
 the person or persons voted for as candidates for or to fill the office. The 
 Register or acting Register and the clerk shall enter, in the open head of 
 each set of tally sheets, the title of the office called. They shall next 
 write the names of the persons voted for, for nomination or election to 
 the office, in the order in which they were called, vertically in the sjoaces 
 between the head lines intended for the i:)urposes. Next, they shall place 
 a tally mark in the column under each name voted for; opposite the num- 
 ber on the tally sheet corresponding Avith the number of the vote. When 
 elections are conducLecl on the cumulative or preferential system, described 
 in Section — , Chapter — ; of this Act, the column below the name of 
 each person voted for shall be of sufficient width to admit of its being 
 divided into a:-, many sub-columns as there are choices allowed to each 
 voter, each sub-column being only of sufficient width to contain a tally 
 mark. When the tallies for the oflice first called are entered, the Regis. 
 ter or acting Register and the clerk shall each remove the first tally set 
 from his file, and place it, face down, beside the same; and as each difi'er- 
 ent office is called, tally and remove, placing each successive set on the 
 top of that before removed, until all the tallies for officers have been en- 
 tered, and all such tally sets removed.
 
 5G PRELIMINARY COUNT. 
 
 The tallies for reconinioudiition or nomination of persons for United 
 States Senators from this State, and for State and National appointments, 
 and those for displacement and replacement of elective ofiices, shall be 
 made in the same wax, so far as practicable. 
 
 Sf.o. 3. The other ballots of the electors shall then be successively 
 called and tallied. Before enterin<jf the tallies for the ballots containinjof 
 an expression of the opinions and desires of an elector as to public niat- 
 ters, each specific i)roposition, declaration, instruction and resolution, 
 when met for the first time, shall be read slowly and distin(;tly by the In- 
 spector, who has the ballot book, and as it is thus read it shall be copied 
 carefully l)y the Reo-ister or acting' Kegister and the cleric, or they shall 
 each paste a printed and veriiied copy on the sheet or book provided for 
 the pur])osc. Wlien this is done, the Inspector shall take the copies, com- 
 pare them carefully with the original in the ballot, and make, or cause to 
 bo made, the necessary corrections. Each of the different kind of ex- 
 pressions mentioned shall be so cof)ied on separate sheets, either loose 
 or in book form, and each different expression of the same kind shall be 
 numbered consecutively. When any specific proposition, declaration, 
 instruction or resolution has been copied, and the copies have been cor- 
 rect ted, the Register or acting Register and the clerk shall each take a 
 tally set and wite a head descriptive of the kind of expressions, or such 
 propositions, declarations, etc. In the vertical column, between the cross 
 lines below the head, they shall write the number representing the dif- 
 ferent expressions of the same kind, commencing with No. 1. The col- 
 umn below this number shall be divided into two sub-columns, over which 
 respectively, shall be written For and Against. Each shall then enter a 
 tally mark in the sub-column under the proper sub-head. 
 
 Sec. 4. When the copies of such expressions have been compared 
 and con-ected, one copy shall be given to the Inspector not having in 
 charge the ballot book. When the Inspector who has the ballot book, in 
 calling the ballots, shall come to an expression which appears the same 
 as one before copied, or like it, he shall call upon the other Inspector to 
 take his copy and assist him to compare. If this expression is found to 
 correspond "with any proposition, declaration, instruction or resolution 
 before copied, the Inspector having the ballot book shall call the kind of 
 ex]n-ession, and the number representing the sj^ecific expression of the 
 kind, and whether For or Against, and the Register or acting Register 
 and clerk shall enter the proper tally. When the expression, though not 
 literally the same, agrees with another ah'eady copied in every imjjortant 
 particular, it shall be considered the same and so called and tallied. 
 When an expression agrees in part, but diffars in one or more important 
 points, it shall be given a number, but the Election Board, at their op- 
 tion, may have the Whole of it copied, or only that part which differs, 
 stating the kind and number of the expression with which in other re- 
 spects it corresponds. 
 
 Sec. 5. The tally sets to be used on voting on laws shall be headed, 
 Acts Submitted. Each of these shall be designated by number, or by 
 number and title in the vertical spaces assigned for the head, represent- 
 ing the person or thing voted for, under each of which there shall be 
 tw^o sub-columns, with the sub-heads For and Against, and the tallies shall 
 be entered, as in other cases. The tally sets for each kind of expression, 
 that is to say, propositions, declarations, instructions, resolutions and 
 votes upon laws, shall be kept together, in separate piles, and removed 
 and reversed as the tallying proceeds in the same way prescribed with re- 
 spect to the tally sets for offices. The Election Board shall i^roceed with
 
 ELECTION BOARD. • 57 
 
 all the votes and ballots as directed in Sections 2, 3 and 4, this -Chapter, 
 and in this section; provided, that all ballots withheld for illeg-ality are to 
 be omitted in the preliminary count. 
 
 Sec. G. When all the votes counted are thus tallied, the Register or 
 acting Register and the clerk shall each add his tallies and compare their 
 footings. As far as these agree, the results may be taken as correct. 
 "Where there is disagreement, the Register or acting Register and the 
 clerk shall revise their work, first comparing their tallies, and, if they 
 cannot make them agree, they shall refer their diiferences to the Insj)ect- 
 ov.i, who shall decide and direct the proper corrections to be made. If 
 the Inspectors cannot agree, the corrections shall be made as directed by 
 a majority of the Election Board, and the results thus shall be made 
 to agree. 
 
 The Election Board bhall then state briefly, in wiiting, and certify' to 
 the results of the preliminary count. 
 
 CHAPTER XIV. 
 
 PROCEEDrNG« Or ELECTION BOARD AFTER PRELIMINARY COUNT THE COREECTED 
 
 OFFICIAL COUNT. 
 
 Section 1. The Register or acting Register and the clerk shall each 
 copy from his poll book: First, the names of all electors who failed to 
 vote; second, the names checked in the proper lists of electors whose 
 votes were not found; third, the names of all persons whose votes were 
 withheld from the preliminary count by reason of illegality; fourth, the 
 names of those electors, some or all of whose ballots were so made out, 
 in whole or in part, that the intentions of such electors could not be de- 
 termined thereby, and whose votes, or the defective j)arts thereof, were 
 not counted. Notice shall be published by the Election Board immediate- 
 ly after the announcement of the result of the preliminary count contain- 
 ing the names in order indicated. The first class shall be notified, that if 
 they can show clearly to the Election Board that their failure to vote was 
 due to criminal or illegal acts of others, their votes will be received by 
 
 said Board at , hours of , day or days , at , in 
 
 precinct. The second class shall be notified, that their votes will 
 
 be received b}"" the Election Board at or during the same time and at the 
 same place. The third class shall be notified that evidence will then be 
 received as to the legality or illegality of their votes, and the question as 
 to this finally decided. The third class shall be notified, that, if they 
 will appear and prove that the obscurity or errors in their votes 
 were not the results of their own unjustifiable neglect, or criminal 
 or improper intent, they may be allowed to make and certify to the proper 
 corrections. Any person who can prove satisfactorily to the Board that 
 his name is on the Official Register as an elector, but was omitted acci- 
 dentally or otherwise in copying out the registry lists for the use of officers 
 of election, and that on this account he was unable to vote, shall be al- 
 lowed to vote at any meeting of the Election Board held after the an- 
 nouncement of the preliminary count. 
 
 Sec. 2. In cases where a receiving box or ballot box has been de- 
 stroyed, with the ballots they contained, or the same have been forcil)ly 
 taken from the proper officers, or stolen from them, or violence has l)cen 
 committed on an elector^ or officer of election, to pi-event voting or receiv- 
 8
 
 58 ABSTEACTS OF VOTES, ETC. 
 
 nvj; vcitos, or intimidation lias been practiced, with success, to deter elect- 
 ors froiu deliverin,!^' their votes; in all such cases the Election Board, at 
 any nieetiu,;^ held after the preliminary count, shall receive the votes of 
 electors whose votes Avere destroyed or so taken, or who were thus pre- 
 vented from votin-,' at the proper time. 
 
 Sec. d. The Election Board shall hold a meeting-, at a time and place 
 of which public notice shall be o-iven, on the next day after the declara- 
 tion of the results of the preliminary count, when they shall hear, try 
 and tlecide complaints of illegal voting, and of all criminal acts affecting- 
 the validity of votes. They shall not entertain such charges, except upon 
 the sworn complaint of an elector, or electors, nor unless it shall appear 
 that the persons accused have had at least one day's notice personally 
 served, or oflicial return, that after diligent search they cannot be found 
 within the precinct. The Board may continue its meetings for two days, 
 but shall adjourn as soon as its business in concluded. During these 
 meetings, the Election Board shall receive, in the same manner as on the 
 day of "election, the votes of electors which they are authorized and re- 
 quired by Sections 1 and 2 of this Chapter to then receive, includinj:? 
 votes withheld for illegality, which the said Board, after a hearing, shall 
 decide to be legal. 
 
 Sec. 4. At the expiration of two days from the completion of the 
 preliminary count, or sooner, if their other business shall be sooner fin- 
 ished, the Election Board shall meet and proceed, publicly, as in the case 
 of the preliminary count, to open the ballot box, take therefrom and 
 open the voting envelopes, take out, paste, call, check and count, the bal- 
 lots, and then to make the necessar}' corrections and additions of the tal- 
 lies; after all of which, they shall proceed to make up, certify and an- 
 nounce the results of the corrected or official count. 
 
 Sec. 5. A full record of all proceedings of the Election Board shall 
 be kept by the Register, or acting Register, and the clerk at all meetings 
 of the same, held after the preliminar}^ count. Lists of the cancelations 
 and changes authorized and made, and of the electors whose votes were 
 received, at such meetings, shall be made by the Register, or acting Regis- 
 ter and clerk, and the reasons for the same briefly stated therein, under 
 the direction of the Election Board. Before the final adjournment of 
 the Election Board, the Register or acting Register and the clerk shall 
 compare their reports of its proceedings, and each report, if they are 
 found to agree, shall be signed by the Register or acting Register and 
 the clerk, and shall be attested by the Inspectors. If these reports dis- 
 agree, they shall be compared and corrected by the Inspectors, or if the 
 Inspectors cannot agree as to the cori*ections, these shall be made by the 
 majority of the Election Board, who shall certify to the same in each re- 
 port. All the proceedings of these meetings of the Board, except mat- 
 ters involviDg a knowledge of the persons or things voted for by electors, 
 shall be public. 
 
 CHAPTER XV. 
 
 CAXVASS EETiniXS AND ABSTEACTS OF VOTES — COMPENSATIOX AND PAYMENT OF 
 ELECTION OFFICERS COMMISSIONS AND CERTIFICATES OF ELECTION. 
 
 Section I. Upon the completion of the official count, the Register or 
 acting Regnster and the clerk shall make up, from the corrected lists, the 
 names of every person voted for, at full length, the office for which such 
 person received votes, and the number of votes he received, the number
 
 ABSTRACTS OF TOTES, ETC. 
 
 59 
 
 being expressed in full length, in -Rriting, and also in figures in such 
 list; to be made, as nearly as practicable, in the following form: 
 
 At the 
 
 of 
 
 election, held in 
 
 and State of 
 
 on the 
 
 precinct, - 
 day of 
 
 in the county 
 
 -, 187—, the 
 
 following persons received the number of votes annexed to their respect- 
 ive names (in primary elections add as nominees) for the following-named 
 ofiices: 
 
 A. B. had votes for member of Congress. 
 
 C. D. had votes for State Treasurer. 
 
 E. F. had votes for State Controller. 
 
 And in like manner for every person voted for for any office, or in pri- 
 mary elections as nominees for the same. 
 
 When votes were given for or against the displacement of any officer, 
 the notice shall state: 
 
 Displacement of - 
 For, votes. 
 
 from the office of 
 
 Aerainst, votes. 
 
 For votes for nominees to replace such offices: 
 
 N. P. had votes to rej)lace Q. D., in the office of 
 
 etc. 
 
 [On another sheet, to be attached to that which-contains the foregoing 
 notice, all propositions and declarations voted upon at a primaiy elec- 
 tion, and all instructions and resolutions voted upon at a final election, 
 shall be fairly copied, or printed copies of the same shall be jiasted ther- 
 on, with the number of each at the left, and following each shall be 
 stated the niimber of votes. For and Against. Laws voted ujion at final 
 elections shall be described by numbers and titled. Each kind of ex- 
 jii'essions shall be distinctly indicated, and the notice given in the* follow- 
 ing form for primary elections] : 
 
 No. 
 
 PKOPOSinONS. 
 
 1. (Here insert a copy of the proposition at full length.) 
 - votes. Against, votes. 
 
 For, 
 
 votes. Against, 
 
 DECLARATIONS. 
 
 No. 1. (Hei'e copy the declaration.) For, — 
 ■ votes. 
 
 LAWS. 
 
 No. 1. Act entitled, etc. For, votes. Against, votes. 
 
 INSTRUCTIONS. 
 
 No. 1. (Here copy the instruction.) For, votes. Against, 
 
 votes. 
 
 RESOLUTIONS. 
 
 No. 1. (Here copy the resolution.) For, votes. Against, 
 
 votes. 
 
 Certified by us. 
 [Attest] 
 
 M. N. ] -r , 
 
 Q -p \ inspectors. 
 
 A. B., Register (or Acting Register). 
 C. N., Clerk.
 
 GO ABSTRACTS OF VOTES, ETC. 
 
 The above notice may be modified, as required, to present clear and 
 exact statements of the facts. 
 
 Sec. 2. The Election Board of each precinct shall close, cover and 
 seal, separately, the ballot book, the two poll books, and the two consoli- 
 date'dtallv sets'; also, each set of the propositions and declarations, or in- 
 structions and resolutions voted upon in such precinct. They shall also 
 separately close, cover and seal the two copies of the official proceedin.'j^s 
 of the Election Board, after the preliminary count. The ballot book, 
 the clerk's poll book, the clerk's consolidated tally sets, and the clerk's 
 report of the said official proceedings of the Election Board, and one 
 copy of each set of propositions, declarations, instructions and resolu- 
 tions, after being thus separately covered, and after the nature of the 
 contents of each enclosure is described clearly in a large handwriting on 
 its outside, shall be made up into a single package, which shall be se- 
 curely covered, sealed and directed to the County Clerk. On the cover 
 of the package shall be endorsed the words. Election Eeturns. The 
 package shall be conveyed by one of the oflicers of the Election Board, 
 or some person to be chosen by themselves, and delivered to the said 
 Countv Clerk at his office, at the' county seat, within six days after a pri- 
 mary election, and within six days after a final election. These records, 
 thus enclosed and sealed, shall be deposited in the office of the County 
 Clerk, and there kept until the general final election of the fourth year 
 thereafter. The othej- poll book, the Kegister's or acting Register's 
 consolidated tally sets, his official proceedings of the Election Board, 
 and a copy of the abstracts of the votes, shall be deposited in the office 
 of the Register of the Registration District in which the precinct is sit- 
 uated, as part of its permanent records, vv^here they shall be separately 
 kept in proper order, as part of the records of said office, for ten years 
 after the time of their deposit. 
 
 Sec .3, The poll book of the Register or acting Register, and the poll 
 book deposited in the office of the County Clerk, and the copies of prop- 
 ositions, declarations, instructions or resolutions, voted upon, deposited 
 in the Registry office, and, in the office of the County Clerk, shall be subject 
 to the inspection of any elector after being so deposited in the respective 
 offices. The ballot book, the certified tally sets, and the official proceed- 
 ings of the Election Board, shall be subject to the inspectionof any one, 
 except in cases of contested elections, or other legal inquiry in regard to 
 elections, and then only by the Court, Judge, Jury, Board or Commis- 
 sion before whom the results of such election are being contested or 
 investigated. 
 
 Sec. 4. On or before the tenth day, or on the next day thereafter, if the 
 tenth day shall be Sunday, after the close of a primary election, or sooner, 
 if all the returns are received, the Commissioners of the county shall 
 open said returns and make abstracts of the votes. The Commissioners 
 of the county shall act as a Board of Canvassers, and declare election re- 
 turns; provided, that when an election shall be held for the nomination 
 or election of Commissioners of the County, the District Judge or Judges, 
 or soqne person appointed by him or tlaem, shall canvass and declare 
 the election returns for such Commissioners, for Avhich purpose all elec- 
 tion returns shall be sealed and delivered according to law to the County 
 Clerk, and by him opened in the presence of the District Judge or 
 Judges, or the person appointed by him or them, who shall declare the 
 result as to Commissioners of the County, and the clerk shall give pub- 
 lic notice of the result as to nominations, or give the person elected as
 
 ABSTRACTS OF VOTES, ETC. 61 
 
 such Commissioner a certificate of his election, and the Commissioners of 
 the county shall then canvass the returns of the county as to other officers 
 and public exj^ressions. 
 
 Sec 5. 1. The abstracts of the votes for persons as nominees for 
 Electors of President and Yice President, and the exjoressions of prefer- 
 ence by the electors of the county, of persons to fill the offices of Pres- 
 ident and Vice-President, and of National offices to be filled by appoint- 
 ment at primary elections, shall be on one sheet. 
 
 2. The abstract of the votes for j^ersons as nominees for ReiDresentative 
 in Congress, and for United States Senator, at primary elections, shall be 
 on one sheet. 
 
 3. The abstract of votes for persons as nominees for members of the 
 Legislature, at primary elections, shall be on one sheet. 
 
 4. The abstract of votes for persons as nominees for District and State 
 offices, and of preference for all offices, to be appointed at primary elec- 
 tions, shall be on one sheet. 
 
 5. The abstract of votes for persons as nominees for County, Town- 
 sliip, and Precinct officers, and Registers of Election and all officers to 
 bo appointed by the Commissioner of the County, at primary elections, 
 shall be on one sheet. 
 
 G. The abstract of votes upon propositions to displace elective officers, 
 find of votes for persons as nominees to replace such officers, shall be on 
 one sheet. 
 
 7. The abstract of votes upon specific propositions as to legislation at 
 primary elections, shall be upon one sheet, or continuous sheets. 
 
 8. The abstract of the vote upon sx^ecific declarations as to political 
 princii)les or public policy, at a primary election, shall be one sheet, or 
 continuous sheets. 
 
 [The vote need not be given on propositions or declarations relating 
 only to the county in some political division thereof, which has not been 
 voted upon by more than one-twentieth of all the electors of such county 
 or political division.] 
 
 The Commissioners of the county shall certify to a co^j of these ab- 
 stracts, and cause a statement of the votes for each nominee for an elect- 
 ive office, except those of the county, or any political division thereof, who 
 has received not more than one-twentieth of the votes of the electoi's of 
 the county or i:)olitical division in which the office is to be held or exer- 
 cised, to be made and generally i)ublished in the county for at least fif- 
 tocn days preceding the next ensuing final election. 
 
 Sec. G. On the tenth day, or the Monday following that day, if the 
 tenth day shall be Sunday, after a general final election, or sooner, if 
 all the returns are received, the Commissioners of the county shall open 
 tli(; election returns, and make abstracts of the votes. 
 
 1. The abstract for members of Congress shall be on one sheet. 
 
 2. The abstract for members of the Legislature shall be on one sheet, 
 o. The abstract for District and State officers shall be on one sheet. 
 
 4. The abstract for County, Township and Precinct officers and Regis- 
 ters of Election shall be on one sheet. 
 
 Note. — Votes to rei:)lace the several election officers shall be on the 
 jnoper abstracts for each office, but there shall be added to the statement 
 
 of the votes for such person the words to replace , giving the name 
 
 of the office. 
 
 5. The abstract of votes upon specific instructions to the Legislature,
 
 62 ABSTRACTS OF VOTES, ETC. 
 
 or to members of the Legcislature, or to Representatives or Senators in 
 Congress, shall be upon one sheet, or continuous sheets. 
 
 G.'^The abstract of votes upon specific instructions to the Commissioners 
 of the County, or to the Legislative Boards of cities and incorporated 
 towns, shall bo on one sheet, or continuous sheets. 
 
 7. The abstract of votes upon resolutions, or disapproval, or approval 
 of local, Htate and National administrations, or any part, or officer, there- 
 of , shall be on one sheet, or continuous sheets. 
 
 [The votes need not be given on instructious or resolutions referring 
 exclusively to the county, in any political division of the same, upon 
 which not more than one-twentieth of the electors of the county or the 
 political division have voted.] 
 
 Sec. 7. The Commissioners of each county shall cause certificates of 
 election to be made out by their County Clerks to each of the persons 
 having the highest number of votes for members of the Legislature, 
 Counfy, Township and Precinct offices, and for Registers of Elections, 
 respectively; to give general or special notice to said officers that upon 
 making proper application to said County Clerk, at his office, by the per- 
 sons entitled, such certificates of election will be delivered by him. But 
 when a tie shall exist between two or more persons for the offices of Sen- 
 ator or member of the Assembly, or for any County, Township or Pre- 
 cinct office, or District within the county, or for Register of Elections, 
 the Commissioners of the county shall order their clerk to give notice to the 
 Sheriff of the county, who shall advertise immediately another election, 
 giving at least ten days' notice. At special elections the several Elec- 
 tion Boards will be allowed but one day, after the election, for the pre- 
 liminary count; but one day thereafter to hear evidence, receive improp- 
 erly excluded votes, make the proper corrections, and make up and cer- 
 tify to the official returns, and but one day more to prepare and forward 
 the returns, by one of the usual methods, to the office of the County 
 Clerk. 
 
 Sec. 8. There shall be allowed out of the county treasury of each 
 county to the several Inspectors of the election, and to the Registers and 
 acting Deputy Registers, while sitting as members of an Election Board, 
 and to each Register and such Acting Deputy Registers, during the 
 three days next preceding an election, five dollars per diem; and to the 
 Inspectors, two dollars per diem, for the four days preceding an elec- 
 tion, during which they are required by law to be present at the delivery 
 and opening of the Collector's receiving boxes, and to superintend at the 
 same, and assist in checking and transferring the votes to the Register's 
 receiving box. To the persons who carry the electfon returns and rec- 
 ords to the office of the County Clerk, at the county seat, the sum of 
 thirty cents per mile shall be paid out of the county treasury. 
 
 Sec. 9. The County Clerk, on the receipt of the returns of any elec- 
 tion, shall make out certificates for election officers, including Registers 
 and Acting Deputy Registers, for their services, three days prior to the 
 election, and as members of Election Boards, stating therein the 
 compensation and the amounts to which, by law, they are entitled. They 
 shall present these certificates and statements before the Commissioners 
 at their next meeting, when, if they are found correct, the Commission- 
 ers shall order such compensation to be paid out of the county treasury, 
 Sec. 10. The Commissioners of the county, after having made the 
 abstract of votes as prescribed in Sections 5 and G, this Chai:)ter, shall 
 cause the County Clerk to make a coj^y of such abstracts, as to the proper 
 district offices, and as to State and national offices, officers and affairs.
 
 ABSTRACTS OF VOTES, ETC. 63 
 
 and send the same immediately by mail, express, or special messenger, 
 to the Secretary of State, at the seat of government; and, on the tenth 
 day of October, or, if the tenth be Sunday, on the Monday following, 
 the Secretary of State and tv/o Inspectors, to be appointed by the Gov- 
 ernor, shall meet at the office of the Secretary of State, and there 
 promptly open and canvass the abstracts of the said votes given at the 
 l^receding primary election for persons or nominees and natianal offices, 
 including President and Yice President; for members of Congress; for 
 United States Senator; for Electors of President and Vice President; 
 for the proper district officers, and for State officers; the votes upon 
 propositions to displace elective officers of the district and State, and the 
 votes in favor of persons as candidates to replace such officers; also, the 
 vote upon each specific proposition as to State and national legislation, 
 and uj)on each specific declaration as to political princijoles and public 
 policy, relating to the State or national government. These officers shall 
 certify the results, and, on or before the fifteenth day of October, the 
 Secretary of State shall cause the same to be generally published 
 throughout the State until the day of the next ensuing general final 
 election. 
 
 Sec. 11. On the third Monday succeeding each general final election 
 the Chief Justice of the Supreme Court, and the Associate Justices, or a 
 majority of them, shall meet at the office of the Secretary of State, and 
 shall open and canvass the votes for Representatives in Congress, dis- 
 trict and State officers, upon specified acts of the Legislatui-e, submitted 
 to the electors, upon specified instructions or requests to United States 
 Senators, and upon specified i-esolutions of approval or disapproval of 
 the State or national administration, or any part or officer thereof. 
 
 Sec 12. The Governor shall grant a certificate of election to, and 
 commission, each person having the highest number of votes, and he shall 
 make out and publish generally throughout the State, in the usual man- 
 ner, for at least ten days, certificates of the votes for and against each 
 act of the Legislature submitted to the vote of the electors, and for and 
 against each specific instruction and resolution, omitting those instruc- 
 tions and resolutions which have not been voted upon by more than one- 
 twentieth of the electors of the State. [Adjust so as to provide for vot- 
 ing for requests to United States Senators.] 
 
 Sec. 13. In case two or more persons have an equal, and the highest 
 number of votes for any office, and there is no choice by the electors for 
 such office, the Governor, by proclamation, shall order a new election 
 for the office. 
 
 Sec. 14. When an election for Electors of President and Vice Presi- 
 dent takes place, the votes therefor shall be canvassed in the inanner 
 above described, on the fourth Monday after such election is held; also, 
 the votes for President and Vice President, and the results of these latter 
 votes, shall be ascertained and declared before the results for the Elect- 
 ors of President and Vice President. 
 
 Sec. 15. No certifit^ate shall be withheld on account of any defect or 
 infomiality in the returns of any electicni, if it can he ascertained, with 
 reasonable certainty, from such returns, what office is intended, nor upon 
 like conditions as to intent of voters, shall any commission be withheld 
 by the Governor, or Commissioner of tlie county, on account of any such 
 defect or informality of such returns, made to the Secretaiy of State, 
 or to such Commissioners. 
 
 Sec 1G. If the returns of any general primary election, of any coun- 
 ty, shall not bo received at the office of the Secretary of State on or be-
 
 64 ABSTRACTS OF VOTES, ETC. 
 
 fore the fifth day of Ootobei* succeeding such election; or, if the returns 
 of a general liual election, of any county, shall not be received at that 
 oltiee, before the third Monday of December succeeding such election, 
 the Secretary of State shall take etfective means to promptly procure 
 them, and may send forthwith a messenger to the Clerk of such county, 
 "who shall furnish sucih messenger a copy of such returns, and the mes- 
 senger shall be paid out of the Treasury of such county the sum of 
 thirty cents for each mile he shall necessarily travel in going to and re- 
 turning from said county. When the Commissioners of a county shall 
 deem it necessary to supply a messenger to carry the returns to the seat 
 of government, and deliver them to the Secretary of State, they may ap- 
 point such messenger, and the persons who perform such service shall be 
 entitled to receive the same mileage, computing the distance by the usu- 
 ally traveled route. After the expiration of thirty days, from and after 
 the election of Governor, Lieutenant-Governor, Representatives in Con- 
 gress, and State and County officers, the Secretary of State shall certify 
 to the proper District Attorney, any and all failures and omissions of 
 Commissioners of Counties, their clerks and other officers in their re- 
 spective counties, to comply with the provisions of this Act, in returning 
 or certifying the returns, or certificates of any such election, to the office 
 of the Secretary of State; and any such certificate of the Secretary of 
 State, sealed with the State seal, shall be sufficient j)resumi3tive evidence 
 of such failure or omission herein specified. When two or more coun- 
 ties are united in one Senatorial, Representative, Judicial, or other dis- 
 trict, for the election of any officers, and it has not been legally deter- 
 mined to w-hich county of the district the returns of the other counties 
 of the same shall be sent, for the purpose of having the returns of the 
 District, for such officers, made up and the result ascertained, the Com- 
 missioners of each county shall decide, on or before the second Mondav 
 of January next ensuing, w-hich county of the District they prefer for 
 this pui-pose; and, immediately after such decision, the Clerk of each 
 county shall inform the Secretary of State, by letter, as to the same. If 
 it shall be found by the Secretary of State, that, on or before the second 
 Monday of March, a majority of the Board of Commissioners of the sev- 
 eral counties of the District, have agreed in preferring any county of the 
 same, for this purpose, the Secretary of State shall so notify the Clerks 
 of all the counties of the District, and thereafter all such returns of the 
 other counties shall be sent by them to the Clerk of the preferred county. 
 If a majority of the several Boards of County Commissioners cannot 
 agree upon the county to be selected, the Secretary of State shall desig- 
 nate the county to which the returns of the other counties are to be senl, 
 on or before the second Monday of May; and he shall notify the Clerks 
 of all the counties of the District as to the county designated. The 
 Clerks of the several counties of the District, other than that to which 
 the returns are to be sent, shall send to the Clerk of the county legally 
 designated, at the earliest practicable date, a cojjy of the abstract of 
 votes for each person voted for at a primary election as a candidate, for 
 any office to be filled by the votes of the electors of the District, and of 
 the abstract of votes for each person voted for for such offices at a final 
 election, by the electors of such District. The Clerk of the county to 
 which the returns of the other counties shall be sent, shall make a final 
 abstract and aggregate of such votes, including those of his county, a 
 copy of which he shall immediately send, by mail, express, or special 
 messenger, or by telegraph, as provided in Section 12, Chapter XXIV, 
 of this Act, to the Secretary of State. In case of a primary election,'
 
 RECOUNT IN CERTAIN CASES, ETC. 65 
 
 such clerk shall make, and have published, in the usual manner, through- 
 out the District, for at least days preceding the next ensuing final 
 
 election; and, in case of a final election, the said Clerk shall issue to the 
 proj^er person or persons a ceitificate or certificates of election. The ex- 
 jjenses of making up returns, and of publication, shall be api:)ortioned by 
 the Commissioners of the Returning County among the several counties 
 of the District, in the ratio of the number of their electors; and, after 
 being properly audited, the pi'oper apportionment shall be paid out of 
 the several (../Ounty Treasuries, to the Treasurer of the Returning County. 
 Sec. 18. Whenever it is required that returns shall be sent by one 
 County Clerk to another County Clerk, or by such Clerk to the Secretary 
 of State, unless the said Clerk is otherwise directed by the Commission- 
 ers of the County, he shall enclose and properly direct such returns, and 
 deliver them to some Postmaster of the county, to be sent by mail, taking 
 from such Postmaster, if it can be obtained, a certificate, setting forth 
 the time when such returns were deposited in the post office. When the 
 Postmaster declines to give such certificate, the Clerk may take with him 
 to the post ojBice two reputable citizens, as witnesses of the fact, and 
 nature of the deposit, and may obtain and file their sworn certificates as 
 to the delivery of the returns at the post office. 
 
 CHAPTER XVI. 
 
 EECOUNT IN CEKTATN CASES LEGAL EXAMINATION AND COREECTION OF INFORMA- 
 
 MATION AND PEIMARY ELECTION RETURNS. 
 
 Section 1. AVhen the Commissioners of any county shall have can- 
 vassed the vote, for County, Township and Precinct officers, and for Reg- 
 isters of Election, and it shall appear, from such canvass, that any such 
 officer has received a majority of twenty votes or less, in such a case with- 
 in ten days after the close of the canvass, upon application, under oath, 
 of a defeated candidate for such office, setting forth that a specified mistake 
 or specified mistakes, have been made on the part of the Election Board 
 or Boards, in any election precinct or precincts of said county, the Com- 
 missioners of the county shall proceed to make a recount of the votes 
 of any or all of the precincts in said county wherein any specified mis- 
 take or mistakes are alleged to have occurred, and shall continue such 
 recount from day to day (Sundays excepted) until the votes of all such 
 election precincts have been recounted; and when such recount is com- 
 pleted, they shall declare the result, and direct the County Clerk to issue 
 the certificate to the person entitled thereto; but, in no case, shall they 
 be allowed to throw out any ballot for any alleged legal defect, if upon 
 the face of such ballot it can be ascertained, on inspection, for whom 
 the elector intended to cast his vote, excepting in those things in which 
 one ballot may be the duplicate of another, voted by the same person; 
 and, provided that nothing herein contained shall prevent either party 
 to such proceedings from contesting their right to said office in the 
 courts, in the manner provided by law. 
 
 Sec 2. Whenever the parties in an election contest before the District 
 
 Court, within days after the close of an election canvass, shall 
 
 mutually stipulate to ask for a recount, to determine any matter in con- 
 troversy relating to any elective office within the county, and to abide by 
 the findings of the Commissioners of the couuty, or of a si^ecial com- 
 9
 
 06 RECOUNT IN CERTAIN CASES, ETC. 
 
 mission, as to tlio results of the election, the said court shall order such 
 recount to be made, iu accordance witli the provisions of Section 1, this 
 Chapter, and the result found by the Commissioners shall be bindinj>- and 
 conclusive upon the respective parties. The District Court, on applica- 
 tion of the stipulating parties, shall appoint, in such cases, a special 
 commission, to consist of not less than three and not more than five 
 ipialilied electors, to make such recount, which connuission shall have 
 the right of access to and the iise of all records and returns of such 
 election, for this purpose, and the results found by such commission 
 shall be alike binding and conclusive on the respective parties. 
 
 Sec. 3. Any elector or electors of the proper county may complain, 
 under oath or affirmation, to the District Court of the county, or to the 
 Judge thereof, -svithin ten days after the making up and official publica- 
 tion of the returns of official informations, or of primary elections, that 
 such returns are incorrect, specifying the particular errors or wrongful 
 acts complained of, whereupon the Judge of said Distrtct Court shall 
 immediately appoint a Commission of Inquiry, to consist of not less 
 three nor inore than five qualified electors of the county, who shall im- 
 mediately examine into and make report of the facts. 
 
 The said Judge shall give certificates of appointment, in due form, to 
 the members of such commissions, upon the presentation of which to 
 any officer entrusted with keeping of the official records of such inform- 
 ations, or such elections, the said commission, or any of its members, 
 when acting therewith, shall have free access to and possession of the 
 same, nutil the conclusion of their inquiry, and shall have authority to 
 open all official books and papers relating to such public expressions of 
 the electors; to summon witnesses to attend at a certain time and place, 
 in the regular way, through the Sheriff, and when Avitnesses who have 
 been duly subpa3naed fail to attend, the said District Court, on notice 
 thereof, shall issue attachments to compel their attendance. The said 
 commission shall patiently investigate the facts, and hear and examine 
 the evidence i)resented, prosecuting their inquiries with all possible dili- 
 gence, and not less than twenty days before the next primary election, 
 when investigating the returns of informations, and, not less than twen- 
 ty-five days before the next general final election, when investigating the 
 returns of a primary election, make to the said District Court a statement 
 of the facts as to the matters complained of. Immediately upon the 
 receipt of this statement, the Clerk of the said District Court shall j)re- 
 pare and publish a summarj^ of the facts, as therein stated, and publish 
 the same generally throughout the county, in the usual manner, in the 
 case of alleged errors iu the returns of informations, until the day of 
 tlie next pi'imary election; and, in case of alleged errors in the returns 
 of pi'imary elections, to the day of the next final election. When these 
 facts shall affect the results as to district or State officers, members of 
 Congress, Electors of President and Vice President, or other national of- 
 fices, or State or national affairs, the said Clerk shall send immediately 
 to the Seci-etary of State, in the usual manner, a copy of his summary 
 of such statement, when the Secretary of State shall immediately pub- 
 lish the said facts generally throughout the State, in the usual manner, 
 unlil the day of the next general j)rimary, or of the next general final 
 election, as the case may require. AVhen the complaining parties fail to 
 esta1)lish one or more asserted facts of their complaint, the costs shall be 
 chai'geable to and may be collected of them, as in other cases. When 
 essential facts of a comj^laint are established, the costs of the proceedings 
 shall be taxed to the county, and, on proper order of the Coiu't, shall be
 
 ELECTION CONTESTS, ETC 67 
 
 paid out of the county treasury. The inembers of this commission 
 shall be allowed five dollars per diem while engag-ed in this service, and 
 thirty cents per mile for necessary travel. The fees of witnesses shall be 
 the same as in other civil cases. The said District Court shall determine, 
 under the foregoing i^rovisions, as to the party which shall pay the costs 
 of the investigations. 
 
 CHAPTEE XYII. 
 
 ELECTION CONTESTS LEGAL PROCEEDINGS IN SAME. 
 
 Section 1. Any elector of the proper county may contest the right of 
 any person declared duly elected to an office, exercised in and for said 
 county; and, also, any elector of a township may contest the right of 
 any person declared duly elected to any office in and for said township, 
 for any of the following grounds affecting the facts of said election : 
 
 First — For illegal voting;" 
 
 Second — For malconduct of any member of the Election Board, or other 
 
 election officer; 
 Third — When the person whose right to the office is contested was not, 
 
 at the time of election, eligible to such office. 
 
 Sec. 2. When any election held for an office exercised in and for the 
 county, or in and for a township, is contested, on account of the mal- 
 conduct of any Election Board of any precinct, or any member or elec- 
 tion officer thereof, the election shall not be annulled or set aside, on any 
 proof thereof, unless the rejection of the illegal votes of such precinct 
 shall change the result as to such office in the I'emaining vote of the 
 county or township. 
 
 Sec 3. When any elector shall contest the right of any person to 
 such elective office, he shall file, within thirty days after the election, 
 with the Clei-k of the District Court, a written and Si^ecific statement, 
 setting forth; 
 
 Firsts— i::he name of the person contesting such election, and that he is 
 an elector of the county, township, district or precinct, as the 
 case may be, in which such election was held. 
 
 Second — The name of the person whose right to the office is contested. 
 
 Tklrd—Tue office. 
 
 Fourth — The particular cause or causes of such contest. 
 
 Such statement shall be verified by the affidavit of the person who con- 
 tests, that the matters and things therein contained are true, to the 
 best of his knowledge and belief. 
 
 Sec 4. When the reception and counting of illegal votes is alleged 
 as a cause of contest, it shall be sufficient to state that illegal votes wci-e 
 given, in a specified precinct or specified precincts, to the person whose 
 election is contested, which, if taken from the votes he received, would 
 reduce the number of his legal votes below the number of legal votes 
 given to some other person for the same office. No testimony will be re- 
 ceived as to illegal votes, unless the person contesting an election shall 
 deliver to the oi^posite party, at least three days before such trial, a writ- 
 ten list giving the number of illegal votes, the names of the persons by
 
 OS ELECTION CONTESTS, ETC. 
 
 whom they were given, which he intends to prova on such trial. No tes- 
 timony as'to illegal votes shall be received, except as to those specified 
 in such list; provided that, in all cases of contested elections, the Dis- 
 trict Court shall have original jurisdiction to try and determine the 
 same, and may obtain by mandamus all the documentary evidence re- 
 quired by either party litigant. 
 
 Sec. 5. No statement of the cause of contest shall be rejected, nor 
 the proceedings thereon dismissed, by any court before whom such con- 
 test may be brought for want of form, if the particular cause shall be al- 
 leged with such certainty as will sufficiently advise the defendant of the 
 particular proceedings, or cause for which such election is contested. 
 
 Sec. G. Upon the tiling of such statement, the Clerk of the District 
 Court shall inform the Judge thereof, who shall fix, within three days, a 
 time to hear and determine such contest, and the Clerk shall give notice 
 of not less than ten nor more than twenty days to the person whose 
 right to his office is contested, and to the person or persons contesting, 
 which notice shall be served by the Sheriff of the county upon the re- 
 spective parties, as in other cases. 
 
 Sec. 7. Cases of contested elections shall take precedence in the 
 courts of this State over all other business, when the person whose right 
 is contested is in possession of the office to which his right is denied, or 
 is about to take possession of the same; and they shall be proceeded 
 Avith promptly and diligently, and decided as speedily as a due regard 
 to justice and public interests will allow. 
 
 Sec. 8. The Clerk of the District Court shall issue subpoenas and 
 subpoenas duces tecum, as in covit actions at law, for witnesses in snch 
 contested elections, at the request of either party, which shall be served 
 by the Sheriff, as other like subpoenas are served; and the District Court 
 shall have full power to issue attachments to compel the attendance of 
 witnesses, duly summoned, who shall fail to attend. 
 
 Sec 9. Upon the certified copy of the judgment of the District Court, 
 OF the Supreme Court, the County Clerk shall issue a certificate of elec- 
 tion to the person declared to be entitled to such certificate. 
 
 Sec 10. The Clerk, Sheriff, and witnesses, respectively, shall receive, 
 from the person against whom the judgment is given, the same fees as 
 are allowed for similar services in the District Courts. 
 
 Sec 11. When an election shall be annulled by a judgment of the 
 District Court; and no appeal is taken therefrom within thirty days, such 
 an election shall be finally annulled, the certificate of such election 
 shall become void, and the office shall be vacant; provided that, if it 
 shall appear to the said District Court that any other person than the one 
 against whom judgment has been rendered was fairly and legally elected, 
 the said Court may so declare, and the Clerk of the proper county shall 
 issue a certificate of election to the proper person. 
 
 Sec 12. In case of any contest in regard to any election to fill the 
 office of District Judge, such contest shall be tried, in like manner, be- 
 fore the Distiict Court of the nearest adjoining district. 
 
 Sec 13. Any such action may be brought by the District Attorney, 
 
 in the name of the State of , upon his own information, or upon 
 
 the complaint of any private person, against any person who holds un- 
 lawfully any public office within the State ; and it shall be the duty of 
 the District Attorney to bring such action whenever he has reason to be- 
 lieve that any such office is held or exercised unlawfully, or when he is 
 directed to do so by the Governor. 
 
 Sec 14. When such action is brought, the District Attorney may set
 
 CONTESTS FOR MEMBERS REMOVAL FROM OFFICE, ETC. 69 
 
 fortli in bis complaint, in addition to the statement and cause of action, 
 the name of the person rightly entitled to the office or franchise, with a 
 statement of his right thereto, and, in such case, upon proof by affidavit 
 or otherwise, that the defendant has received fees or emoluments be- 
 longing to the offica or franchise by means of his unlawful occupancy, 
 usurpation thereof, an order may be granted by a Judge of the Supreme 
 Cijurt, or by a District Judge, for the arrest of such defendant, and 
 holding him in jail; and, thereupon, he may be arrested and held to bail 
 iu the same manner, and with the same effect, and subject to the same 
 rights and liabilities as in other civil actions, when the defendant is sub- 
 jt'rfc to arrest. 
 
 Sec. 15. If judgment shall be rendered upon the right of the person 
 so alleged to be entitled to the office in favor of such person, he may re- 
 cover by action from the person unlawfully holding, or usurping it, the 
 damage which he shall have sustained by reason of the usurpation of 
 tlio office, or franchise, by the defendant. 
 
 Sec 16. When several persons claim to be elected, or entitled to the 
 same office, one action may be brought by, or against, all such persons, 
 iu order to tiy their resx^ective rights to such office. 
 
 CHAPTER XVIII. 
 
 CONTESTS FOR MEMBERS OF THE LEGHSLATTJRE. 
 
 Section 1. Sections 1, 2, 3, 4, 5 and 6, of this Chapter, same as 52, 
 Ho, 54, 55, 5G and 57, " Act Relating to Elections," approved March 12, 
 I'.rS, (Statutes of Nevada) as to contests for members of the Legisla- 
 tiu-e. [Here codify and insert, with any improvements deemed of 
 value, all existing statutory provisions of the State.] 
 
 CHAPTER XIX. 
 
 election contests fob state offices. 
 
 Section 1. Any qualified elector, or electors, may contest the election 
 of any person declared duly elected to any State office, within this State, 
 by the filing of a specification of the grounds of such contest with the 
 Clerk of the Supreme Court, which specification shall be verified by 
 oath or affirmation; and it is hereby made the duty of the Attorney Gen- 
 eral to prosecute such action, in the name of the people of the State, 
 before the Supremo Court, which shall have original jurisdiction in such 
 cases. The Justices, or either of them, shall have power to issue such 
 process as as may be necessary for the complete hearing and final deter- 
 mination of such action. 
 
 CHAPTER XX. 
 
 REMOVAL FROM OFFICE, THROUGH THE COURTS THROUGH THE ACTION OF THE 
 
 ELECTORS. 
 
 Section 1. Any person now holding, or who shall hold hereafter, any 
 office in this State, who shall refuse, or, from unlawful neglect, fail to 
 perform any official act, in the manner and form prescribed by law, or
 
 70 REMOVAL FROM OFFICE, ETC. 
 
 who shall be g-uiltv of any malpractice, or malfeasance, in office shall bo 
 removed therefrom as herein prescribed. 
 
 Sec. 2. Whenever any complaint, in writing, duly verified by the 
 oath of any complainant, who is a citizen of this State, shall be present- 
 ed to the District Court, alleging that any ofiicer, within the jurisdiction 
 of said Court, has been guilty of charging or collecting any illegal fees, 
 for serA-ices rendered, or to be rendered, in his office, or has neglected or 
 refused to perform the official duties prescribed by law, or has been 
 guilty of any malpractice or malfeasance in office, it shall be the duty of 
 the Judge of said Court to cite the person charged to ajipear before him 
 on a certain day, not more than ten and not less than five days from the 
 time when said' complaint shall be presented; and, on that day, or some 
 subsequent day, not more than twenty days from that on which said 
 complaint was"^ presented, the said Court shall proceed, in a summary 
 manner, to hear the complaints and evidence ofiered by the party com- 
 plained of; and if, on such hearing, it shall appear that the charge, or 
 charges, of such complaint are sustained, the Court shall enter a decree 
 that said person complained of shall be deprived of his office, and shall 
 enter a judgment of $500 in favor of the complainant, and such costs as 
 are allowed in civil cases. But the complainant will be held liable to 
 the State for all the costs, and to the officer complained of for all dam- 
 ages arising from willful false swearing, or malicious misrepresentation 
 during the suit, besides any criminal responsibilities which may arise 
 under the statutes. 
 
 Sec 3. The Clerk of the Court in which such proceedings are held 
 shall transmit, within three days thereafter, to the Governor of the 
 State, or Commissioners of the county, a copy of any decree, or judg- 
 ment, declaring any officer deprived of any office under this Act; and 
 the Governor, or such Commissioners of the county, shall appoint some 
 person to fill such office until a successor shall be elected, or appointed 
 and qualified; and the person so appointed shall give bond and security 
 as are provided by law and pertain to such office. 
 
 Sec. 4. In case judgment of the District Court, as herein provided, 
 shall be against the officer complained of, and an appeal shall be taken 
 the judgment as rendered, the officer so appealing shall not hold his of- 
 fice during the pending of such appeal, but the office shall be filled as in 
 cases of vacanc^^ 
 
 Sec 5. When it shall be shown by the official returns that the dis- 
 placement of any elective officer, of any county, municipality, or politi- 
 cal division thereof, whose term of ser\dce extends one year or more 
 from the first day of the next January, was proposed by a majority of 
 the electors of the same at the last general primary election, the Com- 
 missioners of the county, in their notices of the next general final elec- 
 tion, shall clearly state the fact, and announce the names of three i:)er- 
 sons, if so many were nominated; or, if not, the names of the persons 
 who received the highest number of votes at said primary election as 
 candidates to be voted for at the next general fi-ual election, to rej^lace in 
 such office the incumbent thereof; and the Commissioners shall also 
 state, in said notices, that the electors of the political divisons are at 
 liberty to vote for either of these persons. 
 
 Sec 6. When it shall be shown by the official retm-ns that the dis- 
 placement of any elective officer, or officers, of districts containing 
 more than one county, or, of the State, whose term of service extends 
 one year or more from the first Monday of the next January, was pro- 
 posed at the last general primary election by a majority of the electors
 
 INFORM ATIOX, EXPRESSIONS, INSTRUCTIONS, ETC. 71 
 
 of sucli district, or of the State, the Secretary of State; ^-ithiu twenty 
 days after such primars^ election, or immediately upon his making up of 
 the official returns of such election, shall publish generally, in the usual 
 manner, throughout the State, and, in case of a district officer, esjDecially 
 iu the distiict, a notice stating the facts, and calling special attention to 
 the same. In the same notice he shall announce the names of those per- 
 sons who received the highest number of votes as candidates to be voted 
 f : ir to replace in each office the incumbent thereof, whom a majority of 
 the electors j^roposed to disi:)lace. The Commissioners of the several 
 coanlies of such distiicts, or of the State, shall embody this notice in their 
 Justices of the next general final election. 
 
 Sec. 7. If, at the next general final election, there shall be cast, in 
 the proper political division, or in the State, more votes for nominees 
 to replace in any elective office an officer whose displacement has been 
 projDOsed in the manner described iu Sections 5 and G, this Chapter, 
 than have declined or failed to vote for such nominees, the said elect- 
 ive office shall become vacant on the first Monday of the next January; 
 and that one of the nominees for such office, who received at .such gen- 
 eral final election the highest number of votes, shall be thereby desig- 
 nated and appointed to fill such vacancy; and, on the first Tuesday 
 after the first Monday of the next January shall replace in the office the 
 displaced of^cer. If all votes cast at such final election, for all the 
 nominees for such office, do not exceed in number the electors of the 
 proper political division, or of the State, who declined or failed to vote 
 for "such nominees, then the incumbent of such office shall continue to 
 hold and exercise the same. The terms of the persons who may be 
 thus designated and ai^pointed to replace elective officers shall extend 
 from the first Tuesday after the first Monday of the next January after 
 the final election, to "the time of the expiration of the original terms 
 of the displaced officei'S. 
 
 CHAPTER XXI. 
 
 PUBLIC nsTORMATION AND EEC05IMEXDATI0NS EXPRESSIONS OF ELECTORS AT PRI- 
 MARY ELECTIONS INSTRUCTIONS AT FINAL ELECTIONS. 
 
 Section 1. AVhen it shall appear, from the official returns of infoi-ma- 
 tions, that a majority of the electors of the State have concurred in re- 
 commending, or disapproving, specific measures of legislation, or of 
 public policy, alTecting the State, and no subsequent action of a difier- 
 ent kind shall have been taken meantime by the majority of said elect- 
 ors, at a primary or final election, the Govcnror of the State, in his next 
 annual message to the Legislature, .shall refer and call attention to the 
 facts as to such concurrence, and recommend such public action in rela- 
 tion thereto as ho may deem advisable. 
 
 Sec. 2. The Governor shall also particularly refer, in his annual mes- 
 sage, to the action of the majority of the electors upon propositions as 
 to legislation, and declarations as to administrative practices, official 
 conduct and other public matters, of a State or national character, made 
 at the last general primary election; when no decisive action shall have 
 been taken upon these subjects by the electors at a subsequent general 
 final electif)n, and shall make such recommendations as he may deem 
 proper in reference thereto. 
 
 Sec 3. AVhen it .shall appear, from the official returns, that s-peci&a
 
 72 INFORMATION, EXPRESSIONS, INSTRUCTIONS, ETC. 
 
 instructions, as to matters of legislation, with reg-ard to which the State 
 Legislature has the constitutional power to act, have been given to that 
 body by the majority of the electors of this State, at a final election, the 
 Governor, in his next annual message, shall call the attention of the 
 Senate and the Assembly to each of such specific instrvictions. When 
 this has been done, these instructions, by virtue of Section — , Article 
 — , of the Constitution of the State, where such right of instruction has 
 been specified, (or where not) are hereby declai'ed to be mandatory upon 
 each House of the Legislature. 
 
 Sec. 4. It is hereby made a rule of legislation of the Senate, and of 
 the Assembly, (each House hereby declaring- its concurrence therein) on 
 such notice; and a requirement of law upon each official body, in each 
 county and municipality of this State, after publication of the official 
 returns of a final election, showing that specific instructions have been 
 given to such official body, by a majority of the electors of the proper 
 political dLvision, at its first session thereafter, and on the next day after 
 its organization, to appoint a special commission, to consist of not less 
 than three nor more than five joersons, who may or may not be members 
 of such House, or of such official body, whose duty it shall be to prepare 
 and report, within ten days thereafter, the form of an act for carrying 
 into eft'ect each sj^ecific instruction, thus given to such House, or such 
 official body. Under [the constitutioal declaration. Article 1, referred to, 
 or] Section. 3, this Chapter, of this Act, it will be the duty of each of the 
 two Houses of the Legislature, immediately after the report of such 
 commission, to enact such a law, or such laws, not in violation of the 
 State or Federal Constitution, as will best embody and carry into effect 
 the instruction or instructions given. The local legislative bodies, above 
 refeiTcd to in this Section are hereby required, immediately on the re- 
 port of their several commissions, to enact such laws for their respective 
 political divisions. 
 
 Sec. 5. When the majority of the electors of any Senatorial or* As- 
 sembly district have voted, at any general final election, in favor of spe- 
 cific instructions as to future State legislation, or public meetings of the 
 electors, in the manner hereinafter provided, in favor of specific instruc- 
 tions, as to i^ending or necessary State legislation, such instruction shall 
 be mandatory upon the Senator and members of the Assembl}^ of the dis- 
 trict; provided, the same shall be officially verified, and shall not have 
 been overruled by the adverse instruction of a majority of the electors 
 of the State, at the last general final election. 
 
 Sec. 6. When any member of the State Senate, or of the Assembly, 
 shall refuse or fail to comply with the instructions of his constituents, 
 thus given and verified and not thus overruled, of which he has had due 
 legal notice, his refusal or failure shall be deemed a non-performance of 
 duty sufficient to vacate his office; and, upon due proof of the facts, the 
 office shall become vacant. The same provisions, under like conditions, 
 shall apply to all local legislative affairs of this State. 
 
 Sec. 7. When the electors of any Senatorial or Assembly district in 
 this State, through legal methods, have instructed a member of the 
 State Senate, or of the Assembly, as to any matter of legislation, the 
 County Clerk of the district, or the County Clerk of that county of the 
 district whose duty it is to make uj) the election returns of the district, 
 shall make two certificates as to each specific instruction, thus given at 
 final elections, or public meetings of the electors, and send one of the 
 certificates, by mail or exjoress, to each member instructed, and one to 
 the Joiu-nal Clerk of the House of which the instructed is a member.
 
 INFORMATION, EXPRESSIONS, INSTRUCTIONS, ETC. Y3 
 
 The Journal Clerk or clerks of said House or Houses, on receipt of said 
 certificates, shall enter a copy of it on the journal of the j^roper House. 
 If any such memher, after receiving such certificate, or after such en- 
 try of the same, shall vote or act in violation o'f his instructions, or 
 fail to vote or act in accordance therewith, when he has an opportunity 
 of so doing, and when such instruction shall not be overruled, as pro- 
 vided in Section 5, this Chapter, his incumbency of the office shall cease; 
 and, if thereafter, he shall exercise, or attempt to exercise, the powers' 
 or perform the duties of the same, he shall l)e subject to the punish- 
 ment provided in Section IG, Chapter XXVIII, of this Act. It shall 
 be the duty of the presiding officer of the House to notify the Governor 
 in such cases, as in other cases of vacancy therein; provided, that such 
 Senator or member of the Assembly may appeal to the House of which 
 he is a member, as to the question whether such instruction was legally 
 given by the majority of the electors of the proper district, the said Sen- 
 ator or member of the Assembly meantime refraining from action ad- 
 verse to such instructions; and that said House shall declare this ques- 
 tion within ten days from the time of such appeal. In case it shall be 
 decided by the House, within such time that the instruction was not le- 
 gally given, it shall be and remain without force or effect. 
 
 Sec. 8. When any Senator or Representative, in the Congress of the 
 United States, shall give notice, over his signature, to the Secretary of 
 State, that he desires, if a Senator in Congress, the electors of this 
 State, or, if a Representative in Congress, the electors of his Congres- 
 sional district, to express their views and wishes as to any legislative 
 matter within the power of Congress, at the time of making up their 
 next returns of information, or at their next general primary election, 
 the Secretary of State shall immediately cause circulars, containing a 
 coi:)y of the request, to be printed and sent by mail to the several Boards 
 of County Commissioners of the State or of the district, as the case may 
 require; and after the receijit of such circulars the said boards shall cause 
 notices of the request to be published, generally, in their respective 
 counties, not less than ten, and not more than thirty days, immediatel}' 
 l^receding the time fixed by law for issuing to the electors blank informa- 
 tion sheets, when it is desired by such Senator or Reju-esentative, that 
 such expression shall be made in the Returns of Information; and not 
 less than twenty nor more than sixty days, when it is desired by such 
 Senator or Representative, that such expression shall be made at such 
 primary election. In the former case, each Register of the State or of 
 the Congressional district, should notify each elector of such request, 
 when sending him his blank information sheet. When any Senator or 
 mcmljer oi Assembly of this State shall i:)ublish, in a newspaper of gen- 
 eral circulation in the Senatorial or Assembly district which ho repre- 
 sents, for not less than ten days immediately preceding the time fixed by 
 lav/ for issuing to electors blank information sheets, his request that the 
 electors of such district shall express their opinions and wishes as to any 
 legislative matter within the powers of the State Legislature in their next 
 Returns of Information, the Registers within such district, shall notify 
 the electors thereof of this request, when sending them their Information 
 Blanks; or when such Senator or member of the Assembly shall so pub- 
 lish for ten days immediately preceding, and during the time in which 
 notices of the next general primary election are to be published by the 
 Commissioners of the county, or of the several counties of the district, 
 such request that the electors shall express their opinions and desires as 
 10
 
 74 INFORMATION, EXPRESSIONS, INSTRUCTIONS, ETC. 
 
 to siich legislative mnttei', at such primary election; the said Commission- 
 ers shall also f^ive notice of the request in their notices of snch election, 
 and ask the electors to act Avith reference thereto. At the next general 
 final election, after such expression, the electors of the State, if the 
 expression "was made at the request of a Senator in Congress from this 
 State, or the electors of the Congressional, State Senatorial, or Assembly- 
 district, as the case may require; if the expression was made at the 
 request of a Eepresentative in Congress from this State, a State Senator 
 or a member of Assembly of the proper district, may vote for or against 
 instruction, as to the matter specified in such request, -when such in- 
 struction has been recommended by a majority of the electors of the State 
 or district, in their Returns of Information, or prepared by them at the 
 last general primary election. 
 
 Sec. 9. The majority of the electors of any Congressional District of 
 their own primary motion, may instruct their Representative in the Con- 
 gress of the United States, at the same times and in the same manner, 
 and through the official agencies prescribed and provided in this Act, for 
 the instruction by request of the State Senators and members of the Assem- 
 bly. "When it shall be ascertained, officially, that specific instructions 
 have been given by a majority of the electors of a Congressional district 
 to its Representatives in Congress, the Secretary of State shall immedi- 
 ately make out and send to the Representative so instructed, a certificate 
 of each specific instruction. 
 
 Sec. 10. "When a majority of the electors of this State have proposed 
 to the State Legislature, at any general primary election, any specific 
 instruction to the Senators in Congress from this State, and at the next 
 general final election have requested that body to instruct such Senators 
 in accordance thereto, it is hereby declared the constitutional duty of the 
 two houses of the Legislature, in joint session, to pass a resolution em- 
 bodying such specific instruction, certify the same, and cause it to be 
 sent immediately to such Senators. 
 
 Sec. II. In the event of the disregard, by a Representative in Con- 
 gress, from any district of this State, of the instructions of the majority 
 of his constituents, and of his refusal or failure to comply with the same, 
 when given in the method herein provided; or if a Senator in the Con- 
 gress of the United States, from this State, shall disregard or refuse, or 
 fail to comply with the specific instructions of the Legislature of this 
 State, as herein provided for, and after due notice, such Representative 
 or Senator shall continue to hold and exercise the office for which he was 
 chosen, the Governor of this State is hereby authorized, in the name of 
 the State, or in behalf of the people thereof, to have tested before the 
 liroj)er house, or the proper Court or Courts, by all proper legal methods, 
 the right of these officers to hold and exercise the powers and duties of 
 these offices, while acting thus in open disregard and contempt of the 
 legally expressed will and wishes of their constitiients. The Attorney 
 General of this State is hereby required to represent the State, in behalf 
 of the people thereof, in all actions or legal proceedings instituted by 
 the Governor, under the authority and provisions of this Section. For 
 the purpose of making a test case, the Governor is hereby authorized, in 
 case of such refusal or failure, to provide for the filling of such offices as 
 in other cases of yacancy therein.
 
 POPULAR SANCTION OF LEGISLATIVE ACTS. 75 
 
 CHAPTEE XXII. 
 
 POPULAR SANCTION OF LEGISLATIVE ACTS. 
 
 Section 1. It is hereby made a joint rule of legislation of the Senate 
 and of the Assembly (each house hereby declaring- its concurrence therein) 
 that all general acts of the Legislature, and all acts of the Legislature 
 
 involving an additional expenditure of more than dollars, before 
 
 going into effect, shall be submitted to a vote of the electors of this State 
 and be sanctioned by the votes of a majoiity of the electors of the same, 
 voting thereon. It is hereby made obligatory upon the legislative 
 authorities of the several counties and municipalities of this State, and 
 of each joolitical division of the same, to submit all their general legisla- 
 tive Acts, respectively, in like manner to the decision of a majority of the 
 electors of the same voting thereon, in each of the respective political 
 di-dsions; and until such acts have been thus submitted and have 
 received the sanction of the votes of a majority of the electors voting 
 thereon, they shall not go into effect. 
 
 Sec. 2.- It is hereby required that all legislative acts of the several 
 counties and municipal corporations of this State, and of each political 
 division of such counties and municipalities, shall be in strict con- 
 formity with the requirements of the Constitution of the State as to 
 general legislation; and that the legislative authorities of such counties, 
 municipalities, and the political divisions thereof, shall observe strictly 
 the requirements of this Act intended to give practical effect to the 
 declaration contained in the Constitution of the State as to the rights of 
 the people freely to assemble and instruct their representatives. 
 
 Sec. 3. It shall be a rule of legislation of the Senate and of the 
 Assembly (each house hereby declaring its concurrence therein) that the 
 Committee of Ways and Means of their bodies, each, or some other ap- 
 propi'iate committee of the same, befox'e the final j^assage of any act 
 involving increased j^ublic exj^enditures, or which it is believed will effect 
 a material saving therein, shall make and report to the proper House, an 
 estimate of the annual increase of expenditure to the State which it will 
 cause, or of the annual saving to the State which it will effect. Within 
 sixty days after the adjournment of the Legislature, the State Controller 
 and State Treasurer shall make and publish a joint estimate, or sej)arate 
 estimates, of the public expenditure which will arise from the execution 
 of each act passed by the Legislature at its last session, or the saving of 
 such expenditure which would result from the 2)ractical oi:)eration of the 
 Act. The joint estimate or separate estimates of the State Controller 
 and State Treasurer, when made, shall be sent immediately by these 
 officers to the Secretary of State, and such joint estimantes, or the aver- 
 age of such separate estimates for each act, shall be published by the 
 Secretary of State immediately before and in connection with the act, 
 at and during the time of the publication of legislative acts. 
 
 Sec. 4. AVithin sixty days after the close of each session of the 
 State Legislature, the Seci'ctary of State shall cause copies of its acts to 
 bo prepared and a sufficient number printed, on sheets or in book form, 
 and immediately thereafter shall send one such jirinted cojn' of each of 
 such acts to the newspaper of largest circulation in each county of the 
 State, in which a news])aper is published, and shall cause a copy of each 
 of such acts to be published in each of such newspapers within four 
 months of the close of each session. He shall pre2)are and publish in
 
 76 PRESIDENTIAL ELECTION. 
 
 each of sxicli newspapers, for sixty days immediately preceding tlie gen- 
 eral final election, a sepai\ate list of the acts which are to be submitted 
 to the votes of the electors, number those acts in such list, and designate 
 them by their numbers and titles, in the order of their numbers. The 
 Commissioners of the several counties shall include this list in their 
 proclamations and notices of the next general final election. 
 
 Sec. 5. At the next general final election held after the close of a 
 legislative session, all tlie acts coming Avithin the rule of legislation 
 established in Section 4, Chapter XXI, shall be submitted to the votes 
 of the electors of this State, in the respective election precincts, and all 
 acts of the same not especially and in direct terms excepted, shall be 
 so submitted to the votes of said electors. The votes For and Agalmt 
 acts of the State Legislature and For and At/aind local legiidation acts 
 to be submitted, shall be upon separate ballots, at the head of Avliich 
 shall be written or printed the title "Acts Submitted." The legislative 
 acts of the several political divisions described in Section 2, Chapter 
 XXIV, having been published therein previously for thirty days, shall bo 
 submitted in the same manner, by their numbers and titles, and lists of 
 the same shall be published by the Commissioners of the county, in or 
 with their official proclamations and notices of the elections, at which 
 they are to be voted upon. An elector who wishes to express by his vote 
 his approval or disapproval of an act, will write or see that there is 
 written or printed, in the blank space of the ballot at the right of the 
 title the Avord For or Ar/aind. "When neither word shall appear in this 
 space, opposite the number and title of an act, there will be no vote of 
 the elector on the act. 
 
 Sec. G. When it has been officially ascertained that any act of the State 
 Legislature submitted to the electors, has received a majority of the votes 
 of the electors voting thereon, such act shall stand approved as an 
 actual and effective law of the State. The i-esults of the votes upon each 
 of said acts so submitted shall be announced by a proclamation of the 
 Governor, as. soon as the same has been officially ascertained. The 
 results of the votes upoii acts of the legislative boards of the several 
 political divisions of the State shall be published therein, when officially 
 ascertained by the clerks of the respective counties, under the direction 
 of the Commissioners of such counties, and such acts shall then become 
 actual and effective laws of such political divisions. 
 
 CHAPTER XXIII. 
 
 PRESIDENTIAL ELECTION. 
 
 Section 1. After the votes for President and Vice President, and for 
 Electors of President and Vice President, have been canvassed, as pro- 
 vided in Section 14, Chapter XV, of this Act, notice of these votes and 
 of the election of such Electors shall be given in the same manner as is 
 required to be given of other elections; and the election of said Electors 
 shall be made in the same manner as is prescribed by law in regard to 
 the election of Piepresentatives in Congress. 
 
 Sec 2. The Electors so chosen shall convene at the seat of govern- 
 ment on the first Wednesday in December next after their election, and 
 in case of the death or absence of any Elector so chosen, or in case the 
 number of such Electors, from any cause, shall be deficient, the Electoi'S
 
 Tl-T 
 
 MEETINGS OF THE ELECTORS, ETC. 7 / 
 
 then present shall forthwith elect, from the qualified electors of this 
 State, as many persons as shall supply' the deficiency. 
 
 Sec. 3. The Electoi's, when convened, are hereby commanded to vote 
 by ballot for the one jierson for President who has been ofiicially de- 
 clared to have received a majority, or plurality, of the votes of the electors 
 of this State at the last Presidential election, as their choice for the office 
 of President; and for the one ])erson for Vice President who has been 
 thus declared to have then received a majority or plurality of the votes of 
 the electors of this State as their choice for the office of Vice President; 
 provided, that one of these persons shall not be an inhabitant of this 
 State. If both of these persons shall be inhabitants of this State, said 
 Presidential Electors shall, by ballot, exclude one of the names from 
 being voted for, and shall then be at liberty to vote for any other quali- 
 fied person for the office for which such excluded person received the 
 highest number of votes. They shall name in their ballots the person 
 voted for as President, and on distinct ballots the person voted for as 
 Yice President; and Vaey shall make distinct statements or lists as to the 
 person or persons voted for as President, and the person or persons voted 
 for as Yice President, which statements or lists they shall sign and certify 
 and transmit, sealed, to the seat of government of the United States, 
 directed to the President of the Senate. 
 
 CHAPTER XXIV. 
 
 PUBLIC MEETINGS OF THE ELECTOES PROVISION FOR PITiLIC ACTION ON SPECL\L 
 
 OCCASIONS AND IN UNUSUAL EXIGENCIES. 
 
 Section 1. As supplementaiy to the other provisions of this Act, 
 for the legal regulation and control of initial and intermediary public 
 action, and especially for the purpose of supplying the means of authentic 
 and authoritative action, on special occasions, and in unusual exigencies, 
 it is hereby provided, that public meetings of the electors, in which every 
 elector of the precinct or registration district, shall have an equal right 
 to participate and an equal vote, may be called and held, for the purposes 
 herein specified: 
 
 1. By certain proportional numbers of the electors; 
 
 2. By certain public officials for their guidance or instraction; 
 
 3. By the Secretary of State or Commissioners of the County, for 
 nomination of persons as candidates to bo voted for at special elections. 
 
 Sec. 2. The objects for which such meetings may be called and held. 
 
 are- 
 
 1. Consideration of political principles, public policy, and public 
 affairs, affecting the local political division, the county, the district, the 
 State or the L'nited States; and exjjressions of opinion with reference 
 thereto; 
 
 2. All objects stated or referred to in Section 2, Cha]')ter IV and Chap- 
 ter V, of this Act, except nominations for elective offices, and disjilace- 
 ment and replacement, when there is not sufficient time for public action 
 by the electors through other means provided in this Act; and when the 
 exigency in unusual and the necessity is urgent; 
 
 3. Public action as to pending proposed measures of legislation, or as
 
 78 MEETINGS OF THE ELECTORS, ETC. 
 
 to legislation which is believed, by the electors, to bo immediately neces- 
 sary; and instruction of the Representative of the CongTCssional District 
 as to such matters of national legislation, or of the State Senator, or the 
 Member of the Assembly, from the Senatorial or Assembly District, as 
 to such mattei's of State legislation; 
 
 4. Nomination of persons as candidates for offices to be filled at special 
 elections. 
 
 For the object first named, public meetings of the electors may be 
 convened by a call signed by one-tenth, in number, of the electors of the 
 precinct of the registration district, after not less than three, and not more 
 than ten, days general publication and printing of notices, in the same 
 as to time and place ; 
 
 For the objects mentioned under the second head, by a call signed 
 by one-fourth, in number, of the electors of the precinct or district, or 
 in matters relating to public administration, or official conduct, in the 
 township or county, by a call signed by a majority of the Commissioners 
 of the county, or in such matters relating to a district containing more 
 than one county, to the State, or to the United States, by a call signed 
 by the Governor of this State, after not less than five and not more than 
 twenty days, like publication and action; 
 
 For the objects mentioned under the third head, by a call signed by 
 one-fourth, in number, of the electors of the precinct or district, or at 
 the published authentic request of a Senator in Congress from this State, 
 or the Representative in Congress from the Congressional District, or of 
 a State Senator from the Senatorial District, or a Member of the Assem- 
 bly from the Assembly District, after not less than five, and not more 
 than twenty days, like j^ublication and notice; 
 
 For the objects named under the fourth head, by the calls of the Sec- 
 retary of State and Commissioners of the county, with respect to offices 
 of districts containing more than one county, and State offices; and on 
 the call of the Commissioners of the county, only with respect to pre- 
 cinct, township, municipal and county offices, after not less than five days 
 like publication and notice. 
 
 Sec. 3. The official calls of the Grovernor and Secretary of State shall 
 be sent by mail or express, or, when the urgency of the case demands it, 
 by telegi'aph at the expense of the State, and in due time to the several 
 Commissioners of the several counties in which j^ublic meetings are to be 
 held, for the object or objects herein designated. The Commissioners of 
 the several counties, on receipt of such calls, shall immediately prejiare 
 and send to each Register of the county notices of such meeting, leaving 
 the jilaces of meeting blank. The Register of each district shall fix the 
 jDlace of meeting in the same, and during the time prescribed shall jjub- 
 lish and post notices of the meeting as required by law. When a Senator 
 or Representative in Congress, or a State Senator, or a member of the 
 Assembly, wishes to call public meetings of the electors for the objects 
 stated in Section 2 of this Chapter, such officer shall publish his request 
 over his signature, in a newspaper or newspapers of general cii'culatiou 
 in the State or district, as the ease may require, and fix the time of such 
 meetings. The several Registers of the State or district shall take offi- 
 cial notice of such publication, fix the places of meeting, and publish and 
 jjost the legal notices required. Public meetings of the electors for 
 township, county, district. State, or national purposes, except as provided 
 in Section 14, this Chapter, shall be held in and for each Registration Dis- 
 trict, of the i:»roper political division, or of the State. When public 
 meetings of the electors are called by i)ublic officers the call shall
 
 MEETINGS OF THE ELECTORSj ETC. 79 
 
 embrace the whole political division or district directly concerned in the 
 j)ublic matter or office with respect to which action is to be taken, or the 
 whole State, when a State office or matter is to be acted upon. 
 
 Sec. 4. The Kegister or an acting- Deputy Register, shall be present 
 at the time and place legally designated for each jiublic meeting of the 
 electors of the Eegistration District or precinct, and shall have with him 
 a certified alphabetical list of the registered electors of the precinct, or 
 Eegistration District. The hall in which such meeting is to be held, if 
 not clear, shall be cleared by the Register, or Acting Register, of all 
 persons therein. This officer shall take a seat in front of a suitable table 
 or desk. In front of and near the Register or Acting Register, shall be 
 l^laced a small platform, raised one foot from the floor, ujDon which a 
 person may conveniently stand, when entering into the jolace of meetin", 
 each elector shall atep on this i:>latform, face the Register, or Actin» 
 Register, and announce his own name. If the person is known to this 
 officer as an elector, the officer shall find the name of the person upon 
 the list, check it thereupon and say, "check"; when the i:)erson shall 
 turn his face toward the body of the hall for a moment, and if no objec- 
 tion is made to his entrance therein as an elector he shall stej^ down aud 
 take his place therein. If the Register, or Acting Register, cannot iden- 
 tify the person as an elector; or, if the person shall be challenged by a 
 known elector, the Register, or Acting Register, may require the person 
 to produce his certificate of registration, or two reputable electors of 
 the district, who shall testify, under oath, as to his identity. The officer 
 ma}' also administer to the person the following oath, or affirmation : 
 
 "You do solemnly swear (or affirm) that you are the person who is 
 
 registered in this Registration District, in the name of (giving the 
 
 name), and that this is your name." 
 
 If then the Register, or Acting Register, shall be satisfied as to the 
 indentit}' of the person, he shall so declare, when this officer and the 
 person recognized by him as an elector shall jiroceed as already pre- 
 scribed. Persons who claim to have been excluded from the meetino- 
 wrongfully, by the Register, or Acting Register, may appeal to the meet- 
 ing, after its organization, from his decision; and if the majority of the 
 electors present shall then decide in his favor, his name shall be checked 
 by the Register, or Acting Register, and he shall be allowed to enter and 
 take part in the meeting. 
 
 Sec 5. As the electors are thus identified and admitted, the Regis- 
 ter, or Acting Register, shall make for each a tally mark on a suitable 
 sheet of paper, and, when the time at which the meeting was called ar- 
 rives, he shall foot these tallies, and announce to the electors present 
 whether or not their number is sufficient. If enough electors are jn-es- 
 ent, the Register, or Acting Register, shall call the electors to order, and 
 state to them that the number is sufficient. If there are net enough 
 electors present, tlic meeting may be postponed for an hour, and, at any 
 time within the hour, when the requisite number have been tallied, this 
 officer may call the electors to order, and make the statement above 
 given as to the sufficiency of the number in attendance. The electors 
 l)resent shall then nominate, by voice, one or more of their number, as 
 Chairman of the meeting, and they shall then elect a Chairman in the 
 manner hereinafter stated. The Register, or Acting Register, shall act 
 as Secretary of the meeting, with such assistants as the meeting may ap- 
 jDoint. When a Chairman has been elected, and has taken his seat, the
 
 80 MEETINGS OF THE ELECTORS, ETC. 
 
 Register, or Acting Register, shall read the call or notice under which 
 the meeting was convened, when the Chairman shall note snch further 
 explanations of its objects as he may deem proper. The business of tlie 
 meeting shall then be proceeded with, in conformity Avith the rules 
 stated in the following Section, and when these do not clearly or prop- 
 erly apply, with established parliamentary rules. 
 
 Seo. G. In all cases voting shall be by actual count, except when a 
 motion, pi'oposition, or resolution sliall be carried with unanimous as- 
 sent. Each public meeting of electors may adopt such means as the 
 majority of the electors thereat may deem most convenient and secure 
 for counting their votes. In the absence of such provisions the follow- 
 ing rules shall be observed: Before a vote is taken, not less than two 
 nor more than four tellers shall be appointed by the Chairman, or by 
 the meeting. On qviestions of order, and important secondary ques- 
 tions, the electors may be called on by the Chairman to rise in their 
 places. When the affirmative shall be thus called those in its favor shall 
 rise, and remain standing until counted. If a count shall show that a 
 majority have voted in the affirmative, the negative need not be called. 
 If objection shall be made to the count there shall be a recount, or the 
 negative shall be called, when those in its favor shall rise and remain 
 standing until counted. In all cases where it does not appear clearly 
 that a majority have voted in the affirmative, the negative must be 
 called. 
 
 On all decisive and important questions there shall be a division. 
 Either one side of the hall shall be assigned to the affirmative columns, 
 where each shall be ranged in and counted by rank, and the other, or 
 those in favor of either side, shall be required to pass successively over 
 some place, or through some opening, to which is attached a good me- 
 chanical register, which will indicate quickly and invariably the true 
 count of those who thus pass. Where there are two separate arrange- 
 ments of this kind, the count of the affirmative and negative may be 
 taken by their means at the same time. 
 
 Sec. 7. The Register, or Acting Register, shall enter the numbers 
 voting aye and no, respectively, on each cjuestion; and these numbers 
 shall appear together in his official record of the proceedings. In spe- 
 cial cases, hereinafter stated, and in other cases, on call of a majorit}'^ of 
 the electors present, the names of those who vote aye and no, respect- 
 ively, shall be taken and recorded. In such cases the Register, or Act- 
 ing Register, shall read the name of the electors present successively 
 from his list, and each elector, as his name is called, unless he shall de- 
 cline to vote, shall respond aye or no, and, according to his vote, his 
 name shall be entered by the Register, or Acting Register, under one of 
 these heads. Votes upon all decisive and important final action, espe- 
 cially expressions of approval or disapproval of a public administration, 
 or of the conduct of a public officer, and instructions as to legislation, 
 shall be thus taken. Such action shall not bo taken as to the fact of ap- 
 proval or disapproval of a public administration, or public officer, or be 
 legally authoritative as to instruction of a "legislative officer, unless a 
 majority of all the electors of the precinct, or Registration District izi and 
 for which the meeting is held, shall concur therein. 
 
 Sec. 8. No legally authoritative action shall be taken, at any public 
 meeting of the electors, at which less than a majority of all the electors 
 of the precinct, or Registration District, in and for which the meeting is 
 held, are present. In the official proceedings of all i:)ublic meetings of 
 the electors, the whole number of the electors of such precinct or Reg-
 
 MEETINGS OP THE ELECTORS, ETC. 81 
 
 istration District, the number of such electors present and acting, and 
 the number voting aye or no, respectively; on each motion, expression, 
 proposition and resolution, shall be distinctly stated. The Register, or 
 Acting Register, immediately after each public meeting of the electors 
 of the Registration District or precinct, in and for which he acts, shall 
 prepare and send to the County Clerk, by mail, express, or other safe 
 conveyance, a certified abstract of its proceedings, with reference to all 
 the objects stated under the second and third heads, in Section 2, this 
 Chapter, affecting the whole county, or district of which such county is 
 part, the State or the United States. "When such proceedings affect 
 only a precinct. Registration District or township, the Register shall cer- 
 tify to and publish them oiiicially, for ten days in the newspaper of the 
 county having the largest circulation therein; or, if no newspajDcr is 
 published in the county, in the newspaper published nearest the county. 
 The Register, or Acting Register, shall furnish to each newspaper of 
 the count}" having a general cirulation in the district or precinct for 
 which he acts, immediately after each public meeting of electors in the 
 vsame, a copy of all its imjjortant public proceedings, and he shall file 
 the original and complete copy of such proceedings in the Registry Office 
 of the Registration District as a part of its permanent records. 
 
 Sec. 9. The County Clerk shall carefully file together the j)roceed- 
 ings of each meeting held in the county, on the same day, for the same 
 object or objects, and within eight days thereafter, and sooner if practi- 
 cable, he shall complete the several abstracts, showing the numbers who 
 supported and opposed the public action taken. When he finds that 
 proj)er public action has been taken by the electors of one-third, or 
 more in number, of the Registration Districts of the county, on a public 
 matter or public matters affecting only the county , he shall immediately pub- 
 lish and continue to publish, for ten days, in the county, abstracts of such 
 action of the electors. He shall send, within ten days, to the Clerk of 
 the proper county, if this is not his own, abstracts of such publication, 
 affecting especially any district of which the county forms part. The 
 County Clerk whose duty it is to make up abstracts of elections, etc., 
 for the district, shall complete and publish in the district abstracts of 
 vsuch action of the electors of the district, at such meetings, within 
 twelve days after the time at which such meetings were held, and con- 
 tinue the publication ten days. The Clerk of each county shall send to 
 the Secretary of State, within ten days, abstracts of such action as to 
 State and national offices, officers and aftairs, within twenty days after 
 such meetings, and as much sooner as jiracticable. The Secretary of 
 State shall make and publish, throughout the State, abstracts of such 
 action l)y the electors of the State, continuing such publication ten days. 
 In cases of urgency, with res]>ect to pending or necessary legislation, or 
 other important pending pubhc action, the several officers herein named 
 may use the telegraph for sending such abstracts, in the manner pro- 
 vided in Section 12, this Chapter. The abstracts, or results, in such 
 cases shall be pul^lished immediately upon their receipt by the proper of- 
 ficer, in the usual manner. AVhen it shall appear from the abstracts 
 that instructions have been voted legally to a State Senator, or a member 
 of the Assem1)ly, the proper County Clerk shall make out and send certifi- 
 cate of the fact, as provided in Section 7, Chapter XXI, of this Act; 
 and when it lias been legally ascertained that instructions have been 
 voted to a Senator, or Representative in Congress, the Secretary of 
 State shall send to the Senator, or Rejiresentative instructed a certifi- 
 11
 
 82 MEETINGS OF THE ELECTORS, ETC. 
 
 cate reciting the instruction, and stating the facts as to the time and 
 manner in which it was triven. 
 
 Sec. 10. Public meetings of the electors, called to nominate candidates 
 for an office, or offices, to be filled at a special final election, shall be or- 
 ganized as provided in Sections 3, 4 and (5, of this Chapter. The Kegis- 
 ter, or Acting Deputy Kegister, shall have with him a receiving box, 
 which, after having been examined by the Chairman, and as many of the 
 electors as may wish to do so, to see that nothing is contained therein, 
 shall be taken and one of the keys thereof handed to the Chairman, and 
 one to an elector to be appointed by the meeting. The voting for candi- 
 dates shall be by ballot, the ballots to consist of suitable slips of white 
 paper, and to contain the written or jDrinted title, or titles, of the office, 
 or offices, for which nominations are to be made. The meeting shall 
 elect, from their number, two Inspectors and a Clerk, to act with the 
 Register, or Acting Register, as an Election Board, the duties of which 
 shall correspond, as nearly as may be, with those of such boards in pri- 
 mary and final elections. The electors shall prepare their ballots, in the 
 body of the hall; each approach singly the place occupied by the Elec- 
 tion Board, announce his name and present his ballot, folded. If no ob- 
 jection shall be made, the ballot shall be taken by the Inspector and put by 
 him into the receiving box. No challenges shall be allowed during the 
 time of the nominations, and no objection to the right to vote of any 
 person, admitted in the usual manner to the meeting, shall be enter- 
 tained. When all the electors present, who wish to do so, have voted, 
 the Chairman and the elector having one of the keys of the receiving 
 box, shall publicly open the receiving box, when the Election Board 
 shall 2)roceed, as nearly as practicable, in the manner j^rovided in Sec- 
 tions 1, 6 and 7, inclusive. Chapter XII, of this Act, to count and tally 
 the votes, the ballots, as counted, being filed, and the checking being 
 done on the Register's alphabetical list. AVhen all the votes are counted 
 and tallied, the tallies of the Register, or Acting Register, and Clerk, 
 shall be compared and corrected by the Board, in the usual way, and the 
 results shall be officially certified and announced by the Election Board. 
 An abstract of the results shall be made out immediately by the Elec- 
 tion Board, and sent by mail, express, or other safe conveyance, to the 
 Count}'' Clerk, at his office. 
 
 Sec. 11. The County Clerk, within eight days thereafter, shall make 
 and publish, for ten days, an abstract of the returns so sent and re- 
 ceived, or send the same to the Clerk of the proper county, in case of 
 nominations for district offices; or, in case of nominations for State of- 
 fices, to the Secretary of State within eight days. 
 
 Sec. 12. "When returns of information, primaiy elections, or public 
 meetings of electors, have been so delayed that the results shown by 
 such returns cannot be made known otherwise in time, the several Coun- 
 ty Clerks, and the Secretary of State are hereby authorized to make use 
 of the telegraph for this purpose, and to send, or have sent, by telegraph 
 brief but sufficient abstracts of such returns, the costs of the same to be 
 paid by the county in which the delay occuri-ed. 
 
 Sec. 13. When there is to be held more than one public meeting of 
 electors at the same time in any Registration District, or when the Reg- 
 ister of the district cannot himself attend such a meeting, he shall ap- 
 point for each meeting for which he is not present a deputy to act as 
 Register therein. The Register of each Registration District shall 
 have authority to provide for all jDublic meetings of electors, in the 
 same herein authorized to be called by public officers, and to pub-
 
 CERTIFICATES OF ELECTION. 83 
 
 lish notices of the same, at the expense of the county, keeping a careful 
 and true account of the cost of the same, and certifying truly as to all 
 bills brought in against the county as to such expenses. In all other 
 cases the expense of public meetings of the electors shall be paid by the 
 electors, by whom they are called, or who participate in such meetings. 
 The members of the Election Board, other than the Register, or Acting 
 Deputy Register, at such meetings, held for the nomination of persons 
 to offices to be tilled at a special election, shall each be entitled to three 
 dollars, to be paid by the county. The Register, or Acting Deputy Reg- 
 ister, may arrange for the accommodation of visitors and spectators at 
 public meetings of the electors, assigning them a separate place apart 
 from the electors. 
 
 Sec. 14. Joint public meetings of the electors of adjoining Registra- 
 tion Districts may be held, on call of one-fifth in number of the electors 
 of each district, published and posted in each district not less than three 
 days, for any public pur])ose; but all authoritative action by public 
 meetings of the electors legally binding on public ofiicials, shall be 
 taken by the electors in their own proper precincts or Registration Dis- 
 tricts. Each elector attending joint piiblic meetings of the electors, in 
 a district adjoining his own, shall take with him, and present to the Reg- 
 ister of the district in which such joint meeting is held, his certificate 
 of Registration. This shall be sufficient evidence of his right to par- 
 ticipate, vanless the identity of the person, or the genuineness of the cer- 
 tificate, shall be denied, when it shall be left to the Register of the dis- 
 trict in which the meeting is held to decide as to to his right to admis- 
 sion; but a person rejected by the Register may appeal to the meeting 
 from his decision, after its organization, and the meeting may then de- 
 cide the question. 
 
 Sec. 15. There shall not be introduced, or established, in any public 
 meeting of the electors any exclusive, special society, or party test; nor 
 shall subjects of an exclusively special society, or jjartisan character, be 
 therein entertained or discussed. 
 
 CHAPTER XXV. 
 
 Peescribes all State officers to be elected by electors; fixes their terms 
 of office; arranges the years of election so that the electors shall have a 
 healthful and regular demand upon their attention to i:)ublic afiairs; 
 specifies the oaths and official bonds required of each, by the statutes of 
 this State. 
 
 CHAPTER XXVI. 
 
 COMMISSIONS AND CERTIFICATES OF ELECTION. 
 
 Sections 1 and 2, inclusive, same as Sections — to — , inclusive, " Act 
 Helating to Officers," etc. Codified and completed from State statutes.
 
 84 REGULATIONS — PUNISHMENTS, ETC. 
 
 CHAPTER XXVII. 
 
 REGULATIONS, VACANCIES. 
 
 Sections 1 and 2. Codified and completed from statutes existing, or 
 herein enacted. 
 
 Sec. 3. Every office shall become vacant upon the occurring of either 
 of the following events, before the expiration of the terra of said office: 
 
 1. The death or resignation of the incumbent; 
 
 2. The removal of the incumbent from office; 
 
 3. The confirmed insanity of the incumbent, found ui)on a commission 
 of lunacy, issued to determine the fact; 
 
 4. A conviction of the incumbent of any felony or offence involving a 
 violation of his official oath or bond; 
 
 5. A refusal, or neglect, of the person elected, or appointed, to take 
 the oath of office, as prescribed in Sections 1 to 7, Chapter XXV, of this 
 Act; or Avhen a bond is required by law, his refusal or neglect to give 
 such bond within the time required by law; 
 
 6. The ceasing of incumbent to be a resident of the State, district, 
 county or precinct, in Avhich the duties of his office are to be exercised, 
 or for wdiich he shall have been elected or appointed; 
 
 7. The ceasing of the incumbent to discharge the duties of his office 
 for the period of three months, except when prevented by sickness or by 
 absence from the State, upon leave, as provided by law: 
 
 8. The displacement of elective officers, as provided for in this Act; 
 
 9. The refusal, failure, or neglect, of a legislative officer to comply 
 with the instructions of his constituents, as provided in this Act; 
 
 10. The decision of a competent tribunal declaring the election or 
 appointment void, or the office vacant. 
 
 [For State of Nevada — Sections 4 to 7, inclusive, Chapter XXVII, same as 
 30 to 39, ''Act relating to officers," etc., refer to vacancies; Sec- 
 tions 8 to 17, inclusive, Chapter XXVII, same as 40 to 49, old 
 Act, which may be copied literally, using the word "final" before 
 the word " election."] 
 
 CHAPTER XXVIII. 
 
 cpj:\ies and misdemeanoks connected with eegistkation — initial and inter- 
 mediary public action elections and ELECTLV'E offices — PUNISHMENTS. 
 
 Section 1. Every officer of election who is guilty of unwarrantable 
 rudeness to an elector, or to another officer of election, or who willfully 
 so acts as to subject an elector to unnecessary trouble, or expense in 
 registering, or in the exercise of his right of franchise, or to unnecessary 
 loss of time, by comj^elling him unwarrantably to go to the office of the 
 Register; or to the polls for the exercise of his rights; or in his official 
 conduct, is wantonly discourteous to an elector, on conviction thereof 
 before a Justice of the Peace of the county, shall be fined not less than 
 twenty and not more than one hundred dollars for each offence. 
 
 Sec. 2. Every person who applies to a joroper Registry officer for 
 registration as an elector, and every person who applies to a proper
 
 PUNISHMENTS, ETC. 85 
 
 officer of election, to receive his vote, who refuses to be sworn by such 
 officer, as provided in this Act, or who, after being sworn, refuses to 
 answer any pertinent question propounded by such officer, or by any 
 member of an Election Board to which he aiDj)lies for the purpose, 
 touching- his right, or the right of any other person, to register, or to 
 vote, is guilty of a misdemeanor, punishable by fine not exceeding five 
 hundred dollars, or imprisonment in the county jail not exceeding three 
 months; or by both such fine and imprisonment. 
 
 Sec. 3. Every person Avho makes, offers, or accepts, a wager, bet, or 
 chance, involving the losing or winning, of any valuable thing, upon the 
 result of any election, or ujion the success or failure of any person as 
 a candidate, or uj^on the vote to be cast by or for any person, is guilty of 
 a misdemeanor, punishable by a fine not less than twice the amount, in 
 legal money of the United States, of the wager or bet, or twice the value 
 of the thing wagered or bet, or twice the amount, in such legal money, 
 or twice the value w^hich may be won by the chance offered or taken, and 
 not more than three times such amount or value. 
 
 Sec. 4. If the Secretary of State, or any Register, or Deputy Regis- 
 ter, or any Inspector or Clerk of Election, or any other officer, on whom 
 any dut}' is enjoined by this Act, shall be guilty of any wilful neglect of 
 such duty, or of any fraudulent or corrupt conduct, not specially men- 
 tioned in other penal sections of this Act, in the execution of any such 
 duty, he, or they, so offending, on conviction thereof, shall be fined in a 
 sum not exceeding two thousand dollars, and imprisonment in the State 
 jjrison not exceeding two years. 
 
 Sec. 5. Every person charged with the performance of any duty, 
 under this Act, who wilfully neglects or refuses to perform it, or who, 
 knowingly and fraudulently acts in violation of any of its provisions, in a 
 manner not specially mentioned in other penal sections of this Act, 
 shall be deemed guilty of felony, i:)unishable by a fine not exceeding 
 fifteen hundred dollars, or by imprisonment in the State prison not 
 exceeding two years, or by both said fine and imprisonment. 
 
 Sec. G. Every person v»"ho by force, threats, or by any corrupt means, 
 seeks to control or impro2:)erly influence, an elector, in i:)reparing and 
 returning his information, or to deter him from making up and returning 
 the same, or who attempts, by any means, to awe, restrain, disturb, or 
 hinder, any elector, in the free expression of his personal knowledge, jire- 
 ferences, wishes, and opinions, upon the information sheet, which has 
 been sent or given to him by the proper Register, or who, being employed 
 or permitted by an elector to insert iu the proper places in such sheet, the 
 names of persons preferred by such elector, or to state therein the meas- 
 ures, policy, or action which such elector wishes to recommend, inserts 
 other names, or writes therein false statements as to these matters, or by 
 falsehocxl, misre])resentation or deceit, causes such elector to make out 
 and send, or hand to the Register a different return as to those matters, 
 from that which he desired and intended to send; and every j^erson who 
 forges or counterfeits an information, or knowingly makes, or sends, 
 or hands, to the Register, a false, or forged, or counterfeited informa- 
 tion, shall be guilty of felony; and, on conviction thex'eof, shall be pun- 
 ished by a fine not exceeding three thousand dollars, or imprisonment in 
 the State prison not exceeding five years, or by both such fine and im- 
 prisonment. 
 
 Sec. 7. Every person who gives, or offers, a bribe to any officer, or 
 member, of any caucus, political convention, j^jublic meeting of electors, 
 meeting of the people, or to any elector, at any primary election, or ])0-
 
 86 PUNISHMENTS, ETC. 
 
 litical gatberinjQi' of nny kind, held for the purpose of influencing or pro- 
 curing nt)minations of candidates for offices of honor, trust, or profit, in 
 this State, with intent to induce him to be more favorable to one person 
 as a nominee or candidate, than any other, shall be guilty of felony, pun- 
 ishable by a fine not exceeding five thousand dollars, or imprisonment in 
 the State prison not exceeding ten years, or by both such fine and im- 
 prisonment. 
 
 Sec. 8. Every person who, with intent to promote the election of 
 himself, or any other person, either: 
 
 1. Furnishes entertainment, at his expense, to an elector, or to any 
 meeting of electors, either during, the initial processes of public action 
 preceding an election, or during an election; 
 
 2. Pays for, procures, or engages to pay, for any such entertainment; 
 
 3. Furnishes, or engages to pay, or deliver money, for any purpose in- 
 tended to promote the nomination of any person, or the election of any 
 candidate, or to promote or prevent the displacement or replacement 
 of any elective officer, or to influence electors to support or oi:)pose, 
 at primary or final elections, any law, proposition, declaration, instruc- 
 tion, or resolution, except for the necessary expenses of public meet- 
 ings of the electors or meetings of the people, in regard to the right 
 of pai'ticipation in which there is no party or other exclusive test, or 
 the necessary expense of holding and conducting party, or other ex- 
 clusive meetings, when the true character of such meetings is publicly 
 made known, and the necessary expense of printing and distributing 
 ballots, handbills and other papers, during such initial processes, and 
 previous to and during such election; and any person who, with intent 
 to deceive, represents to any elector, or to any officer or official body, 
 that any meeting from which any elector of the locality is excluded, by 
 reason of any special society, party, or other exclusive test is, or that an}^ 
 such proposed meeting is to be, a public meeting of the electors, or a 
 general meeting of the iDeoj^le, shall be guilty of a misdemeanor, j^unish- 
 able by a fine not exceeding one thousand dollars and imprisonment not 
 exceeding six months in the county jail, or by both such fine and impris- 
 onment. 
 
 Sec. 9. Every person who seeks to be nominated, as a candidate, at 
 any party meeting, or primary election, or public meeting of the electors, 
 or who, being a candidate at any final election, agrees to appoint or pro- 
 cure the appointment of any particular person to office, position, or 
 employment, as an inducement or consideration for any person to vote 
 for, or procure, or aid in procuring, the nomination, or election, of any 
 such person, or any person not being a candidate, who makes, or commu- 
 nicates any offer, in violation of this Section, and other penal Sections 
 of this Act, to any person with intent to induce him to vote for, or pro- 
 cure, or aid in jiracuring, the nomination of the jDcrson, or the election 
 of the candidate, shall be deemed guilty of felony, and shall be punish- 
 able by a fine not exceeding five thousand dollars or by imjjrisonment 
 in the State prison not exceeding five years, or by both such fine and 
 impxisonment. 
 
 Sec. 10. Every' person not entitled to be registered as an elector, who 
 fraudulently procures his registration, and every person who, being once 
 registered, fraudulently procures for himself more than one registration, 
 in one or more registration districts; and every person not entitled to 
 vote who fraudulently votes, and every person who votes more than once 
 at any election, who makes false erasures or entries in the Official Regis-
 
 PUNISHMENTS, ETC. 87 
 
 ter, or upon any official registry lists, or upon any registry book or paper, 
 or who adds ballots in any envelops, or otherwise, to those placed in any 
 receiving box or ballot box, or who in any way changes snch ballots or 
 abstracts any ballots lawfully delivered or polled, with intent to change 
 the result of such election, or carries away, or destroys, any book or 
 record, or official document, belonging to the office of the Register, or 
 Acting Register, or any book, ballot, receiving box, ballot box, or tally 
 sheet, or other paj^er, for the purpose of interfering with, or breaking up, 
 an election, or fraudulently changing its results, or in any manner inter- 
 feres with the officers of the Registiy, collectors, or other legal receivers 
 of votes, or any officer of an Election Board, or with electors lawfully 
 exercising their right to make up and deliver their votes to any legally 
 appointed receiving officer, at the time or place legally authorized, or 
 to officers of an Election Board, at the proper election jdoIIs, so as to pre- 
 vent any elector from voting, or election canvass from being properly 
 held, shall be guilty of felony, jiunishable by a fine not exceeding five 
 thousand dollars, or by imprisonment in the State prison not exceeding 
 five years, or hy both such fine and imprisonment, at the disci-etion of 
 the Court. 
 
 Sec. 11. Every person not entitled to be registered who fraudulently 
 attempts to be registered, and every person not entitled to vote who 
 fraudulently attempts to vote, or who, being entitled to registration, 
 attempts to have himself registered more than once, in one or more Regis- 
 tration Districts, who, being entitled to vote, attempts to vote more than 
 once at any election, or who procures, counsels, or assists the fraudulent 
 registration of another person, knowing that the person is not Cjualified 
 to register, or to vote, shall be guilty of felony, punishable by a fine 
 not exceeding five thousand dollars, and by imprisonment in the State 
 prison not exceeding five years, or by both such fine and imprisonment. 
 
 Sec. 12. Eveiy Receiver of Votes, Register, Acting Register, In- 
 spector, Judge, or Clerk, of any election, who, except at the request of 
 the elector concerned, and, on examination of original and duplicate 
 ballots, as provided in this Act, previous to the tine fixed ly law for 
 opening the voting envelopes, and in any other manner than that pre- 
 scribed by law, attenijDts to open any such envelope containing ballots to 
 find out any name upon any ballot, or any proposition, declaration, in- 
 struction, legislative act, or other thing, voted for on any ballot, or who, 
 except as a witness in legal proceedings, or in the discharge of his legal 
 duties, at such election, without exj)ress consent of the elector, declares 
 the name of any person or any thing voted for by an elector, with which 
 he has become acquainted in the performance of his legal duties, con- 
 nected with such election, such Receiver of Votes, Register, Acting Reg- 
 ister, Insjjcctor, Judge, or Clerk of Elections, shall be guilty of a misde- 
 meanor, and shall bo punished with a fine of not less than fifty and not 
 more than one thousand dollars, or imprisonment in the county jail for 
 not exceeding six months. 
 
 Sec 13. Every person who, by force, threats, menaces, bribery, or 
 any con'upt means, attempts, dii-ectly or indirectly, to control or influence 
 an elector in the delivery or casting of his vote, or to deter him from the 
 same, or attempts by any means to awe, restrain, or hinder, or distiu'b, 
 any elector in the free exercise of the rights of sufi'rago, or furnishes an 
 elector wishing to vote, who cannot read, with a ballot, or ticket, inform- 
 ing such elector, or giving him to understand, that it contains a name, 
 or names, written or printed thereon, different from the name or names 
 BO written and printed, or defrauds any elector at such election, by
 
 88 PUNISHMENTS, ETC. 
 
 deceit, and causes such elector to vote for a diflferent person for anr 
 office, or for a different piu-pose, or measure, than he intended or desired 
 to vote for, or who, being a Receiver of Votes, Register, Acting Register, 
 Inspector, or Ck-rlc, of any election, while acting as such, induces, or 
 uttcnipts to induce any elector, by menace, reward or promise, to vote 
 differently from the manner in which such elector intended or desired 
 to vote, or any person who attempts to control, or any Collector, or Re- 
 ceiver of Votes, in this State, who attempts to influence to vote or to 
 abstain from voting, for or against any person or thing, or improperly 
 influence an elector, or public officer, in the exercise of his political and 
 legal rights or duties, whether in the initial process of gaining infor- 
 mation as to the state of public opinion, and in primary elections, or 
 public meetings of the electoi's, or iu final elections, by promises of the 
 favor or support, or by threats of the disfavor or opposition of any 
 person, coterie, special society, political club, or political party, shall 
 be guilty of a felony, punishable by a fine not exceeding one thousand 
 dollars, or by imprisonment in the State prison for a term not exceeding 
 five years, or by both such fine and imprisonment, at the discretion of 
 the Court. 
 
 Sec. 14. Every person who forges or counterfeits registration lists, 
 certificates of registration, or any registry jiaper, or substitutes them for 
 the true, or who forges or counterfeits returns of elections, purj)orting to 
 have been held at a precinct, town or ward, where no election was held, 
 or wilfully substitutes forged or counterfeit returns in place of the true 
 returns oi" a precinct, town or ward, where an election was held, is guilty 
 of felony, punishable by imprisonment in the State prison for a term of 
 not less than two and not more than five years. 
 
 Sec. 15. Every Collector and other receiver of votes, and every Regis- 
 ter and Deputy Register, Inspector, or Clerk of Election, who wilfully 
 commits any breach of trust in the reception, care and delivery of the 
 votes of the electors, or in the keeping and use of any book, paper, or 
 record, relating to registration, information or election, receiving box, or 
 ballot box, or who wdlfully permits the tampering with, forging, abstrac- 
 tion, or destruction, of any of these things herein enumerated, is guilty 
 of felony, and shall be punished by a fine not exceeding five thousand 
 dollars, or by imprisonment in the State prison not exceeding five years, 
 or by both such fine and imprisonment. 
 
 Sec. 16. Any member of the Senate or of the Assembly of this State, 
 or other officer of the State, who knowingly continues in the exercise of 
 his office after the same shall have become vacant under the provisions of 
 law, contrary to such provisions, is guilty of felony, punishable by a fine 
 not exceeding- five thousand dollars, or imprisonment in the State prison 
 not exceeding five years, or by both siich fine and imprisonment. 
 
 Sec. 17. No person shall sell, give away, or fvu-nish, or cause to be 
 sold, given away, or furnished, either for or without pay, within this 
 State, during election hours, on any day in which a general election is 
 held, nor within the limits of any county or -city, on any day in which 
 any special or municipal election is held, any spirituous, malt or fer- 
 mented liquors or wines; and any one so doing shall be deemed guilty of 
 a misdemeanor, and, uj)on conviction thereof, shall be fined in any sum 
 not less than one hundred dollars nor more than one thousand dollars, or 
 imprisonment in the county jail not less than one and not more than six 
 months. The Judges of the District Court of the several districts of this 
 State, shall specially give this Act in charge to every Grand Jury em- 
 panelled in their respective districts; provided, that this prohibition shall
 
 CRIMINAL ACTION ORDER AT ELECTIONS. 89 
 
 not be construed to restrain the liberty of persons to use those beverages 
 in their usual and customary manner in their own families. 
 
 Sec. 18. The Governor is hereby authorized and directed, at least 
 thirty days previous to any general election, and fifteen days previous to 
 any special election, to issue a proclamation offering a reward of one 
 hundred dollars for the arrest and conviction of any person violating any 
 of the provisions of this Act, as to initial public action or elections, 
 when the crime is a misdemeanor, and a leward of two hundred dollars 
 for the arrest and conviction of any person guilty of felony, as herein 
 provided. All moneys collected under the provisions of this Section 
 shall revert to the General School Fund of the several counties where 
 such actions were brought. 
 
 Sec 19. Every person convicted of felony under the j^rovisians of 
 this Act, or of any law of this State, thereby forfeits the right to vote, 
 and can only be restored thereto by an act of the Legislature, or an ex- 
 ecutive pardon, granted on recommendation of a Board of Pardons, to 
 consist of three or more commissioners, appointed for that purpose, and 
 qualified according to law. 
 
 CHAPTER XXIX. 
 
 CEIMINAL ACTION FOR OFFICIAL MISCONDUCT. 
 
 Sections 1 to 10, inclusive, same as Sections 63 to 72, inelnsive, "Act 
 relating to Elections," etc., approved March 12th, 1873. Statutes of 
 Nevada. 
 
 CHAPTER XXX. 
 
 IMPEACHMENT. 
 
 Sections 1 to 10, inclusive^ same as Sections 73 to 82, inclusive, " Act 
 relating to Elections," etc. Statutes of Nevada. 
 
 CHAPTER XXXI. 
 
 DISTRIBUTION OF PAMPHLETS CONTAINING THIS ACT — EXHIBITION OF BALLOTS WITHIN 
 
 ONE HUNDRED FEET OF POLLING PLACE FORBIDDEN PRESERVATION OF 
 
 ORDER AT ELECTIONS. 
 
 Section 1. The Secretary of State shall cause to be printed, in pam- 
 phlet form, a requisite inimber of copies of this Act, with marginal notes, 
 and properly indexed, which shall be forwarded to him by the County 
 Clerks of the several counties of the State, at least sixty days before the 
 time of holding any general primary election, andt lie said County Clerk 
 to the Register of each Registration District five copies of said pamphlet 
 for each precinct of the district, and ten additional copies for the Regis- 
 try office. Five of these pamphlets shall l)o lianded by the Register to 
 each deputy appointed by him to act as Register for an election in each 
 jn-ecinct, except that in which the Registry olfice is situated, at least four 
 days preceding snch election, for the use of the electors. Acting Register 
 and Board of Election of the precinct, and shall be returned by the 
 12
 
 00 PRACTICAL IMPROVEMENTS, PRIZES, ETC 
 
 deputy acting as Eegister in sxicli precinct, after the completion of tlie 
 official returns, to such Registry office for the safe keeping, redistribution 
 and use at the next election. The copies in the Registry office shall be 
 for the use of the election officers and electoi's of the precinct in which 
 said office is located. 
 
 Sec. 2. No ticket or ballot shall be given or delivei-ed to, or received 
 by any person, on the day of election, excepting an Inspector, or a Judge 
 acting as Inspector, within one hundred feet of the polling place, nor 
 shall any ticket or ballot which he intends to use in voting, be exhibited 
 l)v an elector, to any person in such manner that its contents may be 
 known, nor shall any person request another person to exhibit or disclose 
 the contents of any ticket or ballot, within one hundred feet of the poll- 
 ing place, nor shall any ballot be taken from a voting envelope within 
 that distance from the polling place, except by an Inspector, or Judge 
 acting as Inspector. Sheriffs or their deputies, and in their default, other 
 jDcace officers, are hereby especially enjoined to attend to the enforcement 
 of this provision. 
 
 Sec. 3. The Sheriffs of the several counties are hereby authorized to 
 appoint one or more deputies, to serve at each election precinct, for the 
 purpose of preserving order and making arrests, which service is to be 
 paid for in fees, as in other cases. In default of such provision by 
 Sheriffs, Constables may be specially appointed for and assigned to this 
 duty, by the nearest resident Justice of the Peace. 
 
 CHAPTER XXXII. 
 
 EXCOTTRAGEMENT OF PRACTICAL IMPROVEMENTS IN THE WORKING OF POPULAR GOV- 
 ERNMENT PRIZES AND MEDALS TO BE AWARDED. 
 
 Section 1. To encourage and promote improvement in the practical 
 workiii"- of popular government, it is hereby provided that a silver medal, 
 with an appropriate motto and device, and one thousand dollars in gold 
 coin as a hrst prize; and a silver medal with like motto and device, and 
 five hundred dollars in gold coin as a second prize, shall be publicly 
 offered annually by the Governor, and may be awarded for plans of pub- 
 lic action, adjudged to contain valuable improvements over existing 
 methods, especially Avifch respect to facilities for initial, intermediate and 
 final public exj)ression3 and actioii, and to the convenience, independence 
 and freedom of the electors; or valuable improvements in administrative 
 practices and legislative methods. 
 
 Sec 2. The Governor, Chief Justice and Supreme Judges, or a ma- 
 jority of them, shall form the committee of examination and award. On 
 or before the firijt day of June of each year, the Governor shall cause to 
 be published, in a daily newsi)aiDer of general circulation in this State, 
 for sixty days, a notice that these prizes are open for competition, and 
 requesting those who have ideas of improvement to suggest, to send their 
 matured and carefully stated plans to the office of the Secretary of State, 
 properly enclosed, and endorsed with the words "Proposed Plan of 
 Public Action," on or before the first day of November. All such plans 
 received at the office of the Secretary of State shall be there retained 
 unopened until the meeting of the Committee of Examination and Award, 
 which shall be held immediately after the completion of the official re- 
 turns of the last general final election, w^hen all enclosed plans shall be 
 placed, by the Secretary of State, in the hands of the Committee, by
 
 REPEALING SECTIONS. 91 
 
 whom the enclosures shall be opened, and the plans carefully examined 
 and considered. If it shall be the opinion of the majority of the Com- 
 mittee that one or more of these i:>lans, if put into practice, would effect 
 an important improvement in or over existing methods of public action, 
 they shall award the first prize to the author of the plan which they shall 
 consider to possess the highest degree of excellence, and the secoad prize 
 to the author of the plan Avhich, in their estimation, i.^ next in its degree 
 of excellence. If it shall be the opinion of a majority of the Committee 
 that no valuable improvement would result from the adojition of any of 
 the plans proposed, no prize shall be awarded; or if, in tiieir estimation, 
 there is but one plan of sufficient merit to bo entitled to a prize, but oner 
 jDrize shall be awarded, and this may be the first or the second prize, ac- 
 cording to the degi'ee of excellence which this plan shall he adjudged by 
 the Committee to possess. The Committee shall give to the author of 
 each plan for which a prize has been awarded, with the medal and war- 
 rant for the gold coin, a written testimonial and acknowledgment of 
 its value, and of the fact that he has received for them the award. 
 
 Sec. 3. The Secretary of State is hereby authorized to procure the 
 two medals provided for, at public cost, and to provide the motto and 
 device for each, at any time previous to that of making the award. Im- 
 mediately on the rendition of au award, the Committee shall make and 
 hand to the Secretary of State a certificate as to the nature of the award, 
 and designating the person to whom ifc has been given. This certificate 
 the Secretary of State vshall present to the State Controller, who shall 
 immediately issue hifj warrant ujoou the State Treasurer for the amount 
 awarded, in gold coin, in favor of the person to whom the award was 
 given. The Secretary of State shall then hand the warrant to the Com- 
 mittee, by whom it shall be handed or sent to the person in whose favor 
 it is drawn. 
 
 CHAPTER XXXIII. 
 
 EEPEALING SECTIONS. 
 
 [This Chapter should specify and rejoeal all acts and parts of acts in 
 conflict with any provisions of this; define elections, used elsewhere in 
 the statutes to mean final elections, as used in this Act. ] 
 
 Your Memorialists further pray your Honorable Body to secure from 
 the hazard of sudden or legislative change, the reforms and improvementa 
 provided for in the Act hereinbefore submitted, for obtaining legalized ex- 
 pressions of the intelligence, judgment and will of the political people 
 in whom, under our form of government, the sovereignty resides. 
 
 This, they believe, will be done by having in the Constitution of the 
 State the substance of the jiro visions Iiereinaftor specified. They accord- 
 ingly pray you to examine and decide what amendments to our State Con- 
 stitution may be needful to that end, and, as early as practicable, in con- 
 formity with our organic law, to cause these amendments to be submitted 
 to a vote of the people. 
 
 "We preface our proposed constitutional "provisions to be hereinafter 
 specified," by a few observation, on the
 
 92 CONSTITUTIONALITY OF THE ACT. 
 
 CONSTITUTIONALITY OF THE PKOPOSED ACT. 
 
 [This will be a question for legal examination in each State. The sub- 
 joined remarks thereon for the State of Nevada are suggestive as to the 
 l)oints of supi:)ort or defect thereof for the proposed law in other State 
 Constitutions.] 
 
 Assuming the constitutionality of the existing laws of this State, with 
 respect to vacancies in office, no change in our State Constitution will be 
 required for the enactment and enforcement of the law herein proposed. 
 
 The only subjects as to which constitutional doubts may arise, are — 
 
 1. Submission of legislgtive acts to the votes of the electors, for their 
 sanction; 
 
 2. Instruction of legislative bodies and Representatives; 
 
 3. Displacement and replacement of elective officers. 
 
 First — Under the Constitution of the State of Nevada, an act passed 
 by the Senate and the Assembly, and approved by the Governor, be- 
 comes a law; but conditions may be prescribed by the Legislature, with- 
 out Avhich the act shall not take effect. One of these conditions may be 
 its sanction by the votes of the electors. Section 1, Article II, Constitu- 
 tion of the State of Nevada, declares that persons possessing the qualifi- 
 cations of electors ' ' shall be entitled to vote for all officers that are * ='■ * 
 elected b}'- the people; and vjjon all qtiedions submitted to the electors at 
 such elections." This clearly and positively implies that public questions 
 may be so submitted. 
 
 Second — There is no doubt as to the power and duty of the Legislature 
 to provide legally for the enforcement of the declaration contained in 
 Section 10, Article I, of the Constitution of this State, as to the right of 
 the people to instruct their representatives. This must include the 
 power to declare vacant the office of a representative who violates the 
 instruction of his constituents. 
 
 The Constitution of this State assumes that vacancies will occur in the 
 offices of Senator and member of the Assmbly, and it provides that the 
 Grovernor shall issue writs of election to fill such vacancies. It does jiot 
 say what causes or events shall create such vacancies. It was intended 
 that the Legislature should declare these causes and events. This the 
 Legislature has done, and its authority in the matter has been questioned. 
 The Legislature has also exercised this power generally as to District and 
 State officers. Section 35 of " an act relating to officers, their qualifica- 
 tions," etc., says: " Every office shall become vacant upon the happen- 
 ing of either of the following events." Among these events, are, death; 
 resignation; legal removal; insanity; felony; ceasing to be a resident; 
 ceasing to discharge the duties of an office; decisions of a competent 
 tribunal that an election, or appointment, is void, and the office vacant. 
 
 The act says, in the next section, 30, " But when a vacancy shall occur 
 in the office of a member of the Legislature, during the session thereof, 
 such vacancy shall be notified to the Governor by the presiding officer of 
 the House in which such vacancy occurred," showing that these provisions 
 apply to members of the Legislature. If these j)rovisions are within the 
 constitutional power of the Legislature, it has like power to declare 
 vacant the office of a Senator or a member of the Assembly, who violates 
 the instructions of his constituents, legally given. 
 
 The authority of the Legislature given by the Constitution, to establish
 
 CONSTITUTIONALITY OF THE ACT. 93 
 
 by law. county, township and municipal government, confers the right of 
 making the tenure of the legistative offices of those political divisions, 
 depend on compliance with such instructions. 
 
 Third — The same remark applies equally to the power of the Legisla- 
 ture to authorize the displacement and replacement by the electors of 
 the elective officers of the political divisions above named; such power is 
 expressly given in Section 4, Article VII, which is as follows: " Provi- 
 sion shall be made by law for the removal from office of any civil officer, 
 other than those in this article previously specified, for malfeasance or 
 misfeasance in the performance of his duties." The officers previously 
 specified "were the Governor and other State and Jvidicial officers, ex- 
 cept Justices of the Peace." Members of the Assembly and other leg- 
 islative officers, are not included in these exemptions. The formally 
 expressed wish of the majority of electors for the displacement of an 
 officer should be sufficient evidence of his non-performance, or im- 
 proper performance of his duties. 
 
 The Constitution is not explicit as to vacancies in Judicial and State 
 officers. There are provisions which imply that vacancies therein may 
 occur, from incapacity, resignation, displacement, and other causes; but 
 they are not positive or specific. The only provision bearing directly upon 
 the"^ subject is contaiued'in Section 8, Article V, which says: " "When an 
 office, /ro?ji any cause, shall become vacant, and no mode is provided by 
 the Constitution and laws for filling such vacancy, the Governor shall 
 have power to fill such vacancy," etc. 
 
 The only question as to the power of the Governor, in such cases, is as 
 to the fact of vacancy; and the clear implication from this provision is, 
 that when there is no constitutional provision specially applicable to the 
 subject, the Legislature may enact the necessary legislation. This view 
 has been talron and acted u;^on by our legislators, and accepted by all 
 our f)ublio officials, except in a single instance. 
 
 The Supreme Court of Nevada has decided that a vacancy in the office 
 of District Judge cannot be legally declared by the Legislature as legally 
 filled by the Governor, in case of the insanity of the incumbent, estab- 
 lished before a commission, appointed to try such cases, the argument of 
 the Court being that when the Constitution has provided specific methods 
 of removal for specific causes, an incumbent cannot be removed in any 
 other way, or for any other cause. This decision might leave the people 
 without a judiciary in the interim between the regular judicial elections. 
 
 'By the provision last quoted the framers of the Constitution intended 
 to provide against such a contingency. If the decision referred to was 
 based, on the principle of strict construction, it seems that the Court had 
 , a narrow and imperfect conception of the ])rinciple. It is conceived that 
 the true principle of legal and constitutional construction in popular 
 governments is, strict construction in all things that may enable public 
 officers and agents to invade, restrict or infringe public power and rights: 
 liberal construction in all things necessary to maintain, protect and ren- 
 der mo]-e effective such power and rights. Under this principle the peo- 
 ple coukl n(jt bo deprived of the means of adjudication, simply because 
 the Constitution failed to say, in so many words, that, when the incum- 
 bent of any office shall become entirely incapable of performing his 
 duties, the office will he vacant. 
 
 In any case, objections to the constitutionality of the proposed Act 
 can only affect the displacement and replacement of Judicial and State 
 officers.
 
 94 PROPOSED AMENDMENTS. 
 
 The question of tlie constitutionality of confining the choice of electors 
 for Judicial and State ofiicers, at final elections, to any number of persons 
 noniinatod at primary elections depends on the construction ^iven to the 
 phrase "chosen by the electors." Practically our only choice now is 
 between the candidates of the two princdpal parties. While, under the 
 new system, it may or may not be desirable that the electors shall have 
 power to establish such rules as they may deem best as to the extent or 
 limitation of choice at final elections. I believe that, from necessity, 
 without any law requiring- it, such choice will be confined ordinarily to 
 the two or three persons for each office who received the largest number 
 of votes as nominees at the primary election. The Legislature has 
 power to establish or authorize the electors to establish such rules, as to 
 county and other local afiairs. Provision is made, in the jiroposed Act, 
 for submitting" the question as to the limitation of choice by electors of 
 persons for Judicial and State officers, at final elections, to the Chief 
 Justice for his decision. 
 
 The provision as to the instruction of Electors for President and Vice 
 Pi-esident accords, in its chief requirements, with what is noAV the gen- 
 eral practice, and legalizes, as far as possible by State law, that which 
 is binding in justice and honor on those to whom it ajiplies. Electors 
 of President and Vice President are State officers, elected by the people, 
 or the Legislature of the State, to cast the vote of the State. They thus 
 represent the people and the State. The Constitution of the State of 
 Nevada, like the Constitutions of all, or nearly all, of the other States, 
 declares that the people thereof have the right to instruct their Repre- 
 sentatives. If they have this right, they have the right to instruct their 
 Electors of President and Vice President. The States entered the 
 Union with this declaration, and it was acquiesced in, if not distinctly 
 recognized, by the General Government. With such a provision as to 
 instruction. Electors of President and Vice President could be held to 
 accountability for violating or neglecting their prescribed duties. 
 
 While no changes of the Constitution of the State of Nevada are ab- 
 solutely necessary to authorize the enactment and enforcement of the 
 proposed law, the following amendments are deemed desirable : 
 
 ARTICLE XVIII. 
 
 PROPOSED CONSnTUTIOSTAL AMENDMENTS TO THE CON-STrrUTlON OP THE STATE 
 
 OF NEVADA. 
 
 Section 1, When the word " election " occurs in any provision of this ■ 
 Constitution, heretofore adopted, it shall be construed to mean final 
 election, in contradistinction to the words primary election, which occur 
 in the following Sections of this Article. 
 
 GAINING INFORMATION FROM ELECTORS. 
 
 Sec 2. Legal means shall be provided for gaining information from 
 the electors, in their several election precincts and Registration Districts, 
 as to their knowledge, wishes and opinions resiiecting tlie public aff'airs 
 of their respective localities, and of the State and the United States, on 
 or before the first Monday of May of each year; and particularly "with 
 respect to the operation of existing laws, and their effects uj^on the pub- 
 lic welfare; as to the public measures which should be adopted; the
 
 PROPOSED AMENDMENTS. 95 
 
 preferences of the electors of persons for public offices; as to elective officers 
 whom the electors may desire to displace, and the persons whom they 
 will recommend to replace such officers; and as to the a2Dproval or dis- 
 approval of local, State and national administrations, and the official 
 conduct of public officers. 
 
 PRIMAKY ELECTIONS. 
 
 Sec. 3. On the first Monday of Sej)tember of each year there shall 
 be a general primary election, for the nomination of persons legally 
 qualified for elective offices of the several pi'ecincts, townships, counties 
 and districts, and of the State; and, in the year preceding that fixed by 
 law for the election of a United States Senator by the Legislature, the 
 nomination of persons for the office of United States Senator; and, in 
 the year of a Presidential election, the nomination of persons for the 
 offices of President and Vice President, as well as for the offices of 
 Electors of President and Vice President; for the recommendation of 
 joersons for Stale and national offices, which ai-e filled by appointment; 
 for voting upon propositions for the displacement of elective officers, 
 and for persons as candidates to replace such officers; and for expres- 
 sions by the electors of their desires and judgments as to political prin- 
 ciples, legislative action, and public policy. 
 
 EXTENT OF CHOICE AT ELECTIONS. 
 
 Sec. 4. The expressions by electors of choice of persons for public 
 offices, at primary elections, shall extend to all persons legally quali- 
 fied for such offices. Such choice by electors, at final elections, may ex- 
 tend to all i)ersons legally qualified, or may be confined, by law, to any 
 number, not less than two of the persons who, at the last general pri- 
 mary election, or public meetings of the electors, received the highest 
 number of votes as candidates for any precinct, township, municipal, 
 district, or State elective office. 
 
 PERSONS MAY BE CHOSEN TO OFFICE BY THREE-FOURTHS OF THE ELECTORS IN 
 INITIAL ACTION, AND BY TWO-THIRDS AT PRIMARY ELECTIONS. 
 
 Sec 5. It may be provided, by law, that persons who have been rec- 
 ommended in the returns of information by tlu'ee-fourths of the electors 
 of the proper political division, for the elective offices of the same, or by 
 three-fourths of the electors of the State for elective State offices, which 
 ordinarily are to bo filled at the next ensuing final election, shall thereby 
 be legally chosen for these offices; or, it may be so provided that persons 
 who have been nominated for such offices, at a primary election, by two- 
 thirds of the electors of the political divisions in which such offices are 
 to be held and exercised, or of the State as to State offices, shall be thus 
 chosen to fill such offices; and that no further election as to such officers 
 shall be necessary. 
 
 D1SPLA(;EMENT and replacement of ELECTIVE OFFICERS. 
 
 Sec G. "When the electors of the proper political division, or of the 
 State, in the case of State offices, have voted, at a general i)rimary elec- 
 tion, in favor of the displacement of an elective officer, and persons 
 have been nominated at snch election to replace such officer, that one of 
 such persons, who, at the next general final election, shall receive a ma- 
 jority of all the votes cast, in the ])roiier political division, or in the 
 State as to 'State offices, shall bo elected to replace the incumbent of 
 such office, and shall enter upon the duties of such office on the first
 
 06 PROPOSED AMENDMENTS. 
 
 Monday of the next January; and, in case no sncli person receives Bucli 
 a majority, the incumbent of such office shall not then be displaced. 
 
 INSTRUCTION TO LEGISLATIVE BODIES. 
 
 Sec. 7. Legal provision shall he made whereby the majority of the 
 electors of this State, or the majority of the electors of this State voting-, 
 at any general final election, may authoritatively instruct the Senate, and 
 the Assembly, as to any matter of legislation within their constitutional 
 powers. The jiroceedings necessary for the enactment of laws carrying 
 such instruction into etlect, shall take precedence over all the other reg- 
 ular business of each House. On the first day after its organization, 
 each House shall appoint a commission, or the two Houses shall apjooint 
 a joint commission, of not less than two nor more than five persons, who 
 mav or may not be members of the same, to frame the forms of legisla- 
 tive acts required by such instruction, and report the same to the House, 
 or to the two Houses, on or before the tenth day of the session. On or 
 before the twentieth day of the session each House shall pass an act, or 
 acts, for carrying such instruction into effect; and within three days 
 thereafter, the two Houses shall concur in such act, or acts, which shall 
 then be jn-esented immediately, in the usual manner, to the Governor. 
 If either House fails to enact such legislation, or the two Houses fail to 
 concur therein, within the time herein stated, the legislative session shall 
 be dissolved by the Governor; and, within not less than three and not 
 more than ten days thereafter, he shall order a new election for all the 
 members of the Senate, and of the Assembly, or to fill the places of 
 only those members who oj^posed or obstructed such legislation, or 
 failed to act, or vote in favor thereof, as may be provided by law. Legal 
 provision shall be made whereby the action of members, or their failure 
 to act in this respect, may be ascertained and certified to the presiding 
 officer of the House, and by such officer to the Governor. Within 
 twenty days after the special election, thus ordered by the Governor, 
 the two Houses of the Legislature, as newly constituted, shall reassemble 
 and complete the session, making the whole of the sitting, before and 
 after such election, sixty days, or such other number as shall have been 
 fixed by laAV. Legal jirovision shall be made whereby the legislative 
 bodies of the several political divisions, and the several members thereof , 
 shall be required to carry into effect the legal instructions of a majority 
 of the electors of the same; for declaring vacancies in legislative offices 
 of such political divisions; for failure to obey such instructions; and for 
 ordering new elections to fill such offices. 
 
 INSTKUCTIONS TO SENATORS AND MEMBERS OF THE ASSEMBLY. 
 
 Sec. 8. Members of the Senate, and of the Assembly, are hereby re- 
 quired to observe and obey the instructions of a majority of the electors 
 of their respective districts, legally given as to matters of legislation 
 within the constitutional powers of the Legislatui^e, when such instruc- 
 tions shall not have been oveiTuled by an adverse instruction of a ma- 
 jority of the electors of the State, or of a majority of such electors vot- 
 ing at a subsequent general final election. When any member of the 
 Senate, or the Assembly, fails to act in accordance with such instruc- 
 tions, not thus overruled, his office shall become vacant, and the Gover- 
 nor shall order a new election, in the usual manner, to fill s^ich vacancy. 
 Laws shall be enacted, prescribing the method of voting instructions, 
 by the electors of the respective districts, to the Senators and members
 
 PROPOSED AMENDMENTS. 97 
 
 of the Assembly of tlie same; for defining the conduct which shall he 
 deemed a failure to act in accordance with instructions, and for proof 
 and certification of such conduct to the presiding officer of the proper 
 House, and to the Governor. 
 
 POPULAB S.\NCTI0X OF LEGISLATTVE ACTS. 
 
 Sec. 9. No general act of the Legislature, nor any act of the Legis- 
 lature involving an increased public expenditure of more than 
 
 dollars annually, except to provide against extraordinary public calam- 
 ity, or protect imperiled public faith, shall take effect, or become a law, 
 until it shall have been approved by the votes of a majority of the electors 
 of this State, or the majority of such electors voting thereon, as may be 
 prescribed by law; and no general act of legislation, of the legislative au- 
 thority of any political division of the State, shall take efiect until it has 
 been approved by the votes of a majority of the electors, or of the 
 electors voting thereon of such political division, as may be prescribed 
 by law. The State Controller, and State Treasurer, shall each make an 
 estimate of the anniial increased cost, or saving, to the State Treasury 
 which will result from the administration of each act of the jirerious 
 session of the Legislature, within thirty days after the close of each ses- 
 sion; and the proper local Auditors and Treasurers, shall make esti- 
 mates of the annual increased cost, or saving, of the public acts of the 
 legislative authority of any political division of the State to the people 
 thereof, within twenty days after their enactment. The average of the 
 estimates for each act of the Legislature shall be made up by the Secre- 
 tary of State, and the average of the estimates for each local legislative 
 act of any political division of the State by the Commisioners of the 
 county, and published, in connection with the act, in the manner and 
 during the time prescribed by law. All acts submitted to the votes of 
 the electors, shall be submitted by numbers and titles, in the order of 
 their numbers. Acts of the Legislature, which are to be submitted for 
 approval to the votes of the electors of the State, shall not require the 
 approval of the Governor. 
 
 SPECIAL LEGISILATION PROHIBITED IX CERTAIN CASES. 
 
 Sec 10. All special legislation, within the scope or province of a 
 general law, which has been approved by a majority of the electors of 
 this State, or of the majority of such electors voting thereon, as may be 
 prescribed by law, shall be nvdl and void. 
 
 INSTRUCTIONS TO SENATORS AND REPRESENTATIVES IN CONGRESS. 
 
 Sec 11. Legal provision shall be made whereby the electors of this 
 State may vote For or A'/ainst instructions, as to matters of legislation 
 within the powers of Congress, to Representatives and Senators in Con- 
 gress from this State, either at the will of the electors, or at the request 
 of such Kepresentative or Senator. 
 
 NOMINATION AND VOTE FOR PRESIDENT AND ^^CE PRESIDENT INSTRUCTION OF 
 
 PRE.SIDENTIAL ELECTORS. 
 
 Sec 12. At the general primary election of the year of a Presiden- 
 tial election, the electors of tliis State shall nominate persons for the 
 offices of President and Tice President, as well as for the offices of Elect- 
 ors for President and Vice President, for the State; and, at the Presi- 
 dential election, the Electors of the State shall vote for the persons 
 13
 
 98 PROPOSED AMENDMENTS. 
 
 whom tliey prefer for the offices of President and Vice President, as well 
 as for such Electors of President and Vice President. Suitahle legal 
 l^rovisions shall be made for instructin.cf the Electors of President and 
 Vice President for this State, to cast their votes for President for the 
 person Avho shall have received the highest number of votes in this State 
 for that office at such election; and for Vice President for the person 
 who shall have received the highest number of votes in this State for the 
 office of Vice President at such election; provided, that, if both of these 
 persons shall be inhabitants of this State, the Electors of President and 
 Vice President shall not bo required, by such instritction, to vote for 
 more than one of such persons. Legal provision shall be made for the 
 proper punishment of Electors of JPresideut and Vice President who 
 shall violate such instructions.
 
 AJ^ALYTICAL INDEX TO LAW. 
 
 CHAPTEB 1, 
 
 tAGE, 
 21 
 
 22 
 
 24 
 
 25 
 
 2G 
 
 27 
 28 
 
 EEGISTEATIOX DISTRICTS — EEGISTEES EEGISTEATIOK. 
 
 SECTIO^I. 
 
 1. Each township and ward a Eegistration District; exceptions provided for 
 
 in Sections 2 and 3, this Chapter. 
 
 2. How Eegistration Districts may be set oflf; how numbered. 
 
 3. Pro\isions for uniting two wards of certain numbers of electors into one 
 
 district. 
 
 4. Registers of electors; how chosen; Justices of the Peace maybe also 
 
 Registers. 
 5» Separation of these offices; how effected. 
 
 6. Separation of these offices; how effected. 
 
 7. When two wards are consolidated; Register of ward having most voters; 
 
 Register of consohdated district. 
 
 8. Cases in which Registers may be appointed. 
 
 9. Powers of Registers. 
 
 10. Meaning of certain words when used in this Act. 
 
 11. Blanks, books, and materials required. 
 
 12. How and by whom to be furnished. 
 
 13. Registry office; its location. 
 
 14. Attendandace thereat of the Register. 
 
 15. Registers may appoint deputies; purposes for which they may be a^ 
 
 pointed. 
 IG. A census of the electors to be taken each January. 
 
 17. The census of school children may be taken at the same time, by the 
 
 same officers. 
 
 18. Notice to be given of visits of census officer of registry. 
 
 19. Manner in which census duties are to be performed. 
 
 20. Books, etc., required; certificates; receipts. 
 
 21. Registration; re-registration. 
 
 22. Registration. 
 
 23. Returns of census officers. 
 
 24. Names; how entered; records; how kept. 
 
 25. Application for registry. 
 2G. Oaths to be taken. 
 
 27. Examinations; objections; challenges, etc. 
 
 28. Trial of right to register, when refused, by arbitration. 
 
 29. When elector accepts arbitration, ilecisiou final. 
 
 30. Board of arbitration bound, by oath, to give fair hearing and decision. 
 
 31. Persons whose names are refused, or canceled, may apply to District 
 
 Court for writ of mandamus to compel their registration.
 
 ii ANALYTICAL INDEX TO LAW. 
 
 PAGK. SECTION. 
 
 28 3i. Electors may apply to said Court to compel the cancelation of names 
 
 illegally registered. 
 
 • < 33. Particulars as to persons registered, to be entered. 
 
 " 34. Certificates. 
 
 " 35. What constitutes residence. 
 
 " 36. Electoral year; registry for same. 
 
 '• 37. Publication of registry tests; objections to be made and heard. 
 
 '• 38. Publication, in municipal coiporations, when their general primary elec- 
 
 tions are held previous to the 1st of May. 
 
 «' 39. Lists of corrections and additions to be published on the second Monday 
 
 of August; also, on the third Monday previous to the general final 
 election; further con-ections to be made. 
 
 " 40. Objections to registry; how made and tried; appUcant may apply to Dis- 
 
 trict Court to compel officers to register him. 
 
 30 41. Acting Registers to be appointed for each precinct for each election; 
 
 books, lists, etc., to be furnished. 
 
 «« 42. Certified alphabetical hsts to be furnished each Collector and other re- 
 
 ceiver of votes. 
 
 " 43. Poll books to be prepared and provided for each precinct; by whom used, 
 
 '« 44. False swearing before election officers. 
 
 " 45. . Transfer of registration. 
 
 31 46. Oath of Register and Deputy Registers. 
 
 " 47. Salary and compensatiou of Registers. j 
 
 " 48. Salary of Collectors and other receivers of votes. 
 
 " 49. Salary of census officers of the registry. 
 
 CHAPTER II. 
 
 ELECTION PEECINCTS — IXSPECTOES — CLERKS. 
 PAGE. SECTION. , 
 
 31 1. Precincts; how established; appointment and notification of Inspectors*, 
 
 appointment of Clerk of election. 
 
 32 2. Penalty for faihu-e of persons appointed as Inspectors to give notice of 
 
 non-acceptance; vacancies of Inspectors; how filled. 
 " 3. Register, or Acting Regtster, to act as one of the Clerks of election, 
 
 and as umpire in differences between the Inspectors. 
 
 33 4. Oath of Inspectors and Clerk, 
 
 " 5. By whom the oath is administered. 
 
 CHAPTER III. 
 
 rSITIAL PUBLIC ACTION — IXFOEMATIONS OF POELIG ELECTOF.S — EETUENS OF SAME. 
 PAGE. SECTION. 
 
 33 1. Initial and intermediary public action declared subject to legal regulation 
 
 and control; to this end provision is made for gaining information as 
 to the state of public opinion, etc., and for primary as well as for final 
 elections, 
 «« 2. Information as to wishes and opinions of electors; how obtained. 
 
 34 3. How information sheets are addressed; notice of Registers to the several
 
 ANALYTICAL INTJEX TO LAW. iii 
 
 PAGE. SECTION, 
 
 3-i 3. electors; notice instructs electors as to their rights and duties under 
 
 the law, and reqiiests them: 
 
 First — To state their information and opinions as to existing laws; 
 
 Second — To recommend needed changes and amendments; 
 
 Third — To make such expressions as they may desire as to approval 
 or disapijroval of administrative practices and official conduct; 
 
 Fourth — To recommend persons for public office; 
 
 Fifth — To make siach recommendations as they may desire as to dis- 
 placement or replacement of elective officers, etc. ; and 
 
 Sixth — To return to the Kegisters, within a time specified, their in- 
 formation sheets, properly filled out. 
 
 36 4. Registers to pay charges for sending information sheets; information 
 
 blanks not delivered by post or express to the office within fifteen days 
 to be returned; receipts to be taken for information sheets when de- 
 livered ; Eegisters may furnish to those who have failed to receive the 
 blanks addressed to them other blanks. 
 
 " 5. Summaries of the returns of information; how made and corrected. 
 
 " 6. Form of notice of results; when, where and for what time published; 
 
 electors notified that returns and books of information are ready for 
 examination and wanted to inspect, correct and verify the same; no- 
 tice may be varied as circumstances require. 
 
 37 7. Abstracts of retiirns of iuformaeion to be sent by the Register to County 
 
 Clerk; Commissioners of county to canvass the returns. 
 " 8. Returns of districts containing mor ;■ than one county; how made up and 
 
 published ; returns ,as to State and national officers and aff'airs to be 
 sent to the Secretary of State. 
 
 38 9. Results of retui-ns to be published in the county by the Commissioners 
 
 thereof from July 22A to the first Monday of September. 
 " 10. Secretary of State to make up, cei-tify and pubUsh returns of informa- 
 
 tion as to State and national offices, officers and afi'airs. 
 
 [_Chapter IV omitted.'] 
 
 CHAPTER V. 
 
 iNITlAli AKt) rSTEEMEDlAEY PUBLICATION IN MTTNlCIPAIi COEPOBATIONS — PEIMAET ELEC- 
 TIONS OBJECTS METHODS. 
 
 PAGE. SECTION. 
 
 38 1. Returns of information and primary elections in municipal corporations; 
 
 general primary election; objects; to vote specifically: 
 
 First — Upon declarations as to pohtical i^rinciples, public policy and 
 
 public afi'airs; 
 Second — Upon propositions as to local State and National legislation; 
 Tliird — Upon declarations as to administrative policy and practice; 
 
 official (conduct and confidence, or want of confidence; 
 Four and Five — For the nomination of persons as candidates for 
 
 public office, including, in the proper years, the office of United 
 
 States Senator, and the offices of President and Vice President; 
 Sixth — For the recommendation of persons for State and National 
 
 offices, to be filled by appointment;
 
 IV analyticjUI, index to law. 
 
 PAGE. SECTION. 
 
 38 1. Seventh — For jn-oposing tlio displacement of elective officers deemed 
 
 unfit, luul the nominution of candidates to be voted for at the next 
 general linul election, to rejjlace such officers. 
 " 2. Fonr 2)lan9 of voting for nomination for public officers at primary elec- 
 
 tions, oi)tioiiul with the electors of the several political divisions, and 
 of the State. 
 
 39 3. Electors may decide at geuei'al primary elections which plan they will 
 
 adopt and use; the smaller divisions conforming to the plan in use in the 
 larger, in all things on which they act in common, 
 
 CHAPTEK VI. 
 
 GENERAL FINAL ELECTIONS— OBJECTS — METHODS. 
 PAGE. SECTION. 
 
 40 1. A general final election, to be held each year, on the nest Tuesday after 
 
 the first Monday of November. 
 The objects of this election are: 
 
 First — The election of elective public officers; 
 
 (Second— Voting ui^on Legislative acts; 
 
 r/iird— Voting upon instructions ; 
 
 Fourth — -Voting ajjproval or censure of the local, State and National 
 
 administration, or any part or officer thereof; 
 Fifth-^-Y oting for candidates to replace elective officers, whose dis- 
 placement has been legally proposed, 
 «« 2. To determine the nature and extent of choice for public officers at final 
 
 elections; the electors of the several political divisions of the State, and 
 of the whole State, may vote at any general primary election u^wn either 
 of the three following propositions : 
 
 First — Choice for elective offices at final elections shall be restricted 
 
 only to the persons legally qualified for such offices; 
 Second — Chdice at final elections for each office shall be confined to 
 the three persons who received the highest number of votes as can- 
 didates for the same, at the last general primary election; 
 Third — Siich choice shall be confined for each office to the two per- 
 sons who received the highest number of votes as candidates for 
 the same at the last general primary election; the constitutionality 
 of such restrictions, as to district and State offices, to be decided 
 by the Chief Justice, 
 
 CHAPTER VII. 
 
 PTTBLICATION OP NOTICES EELATING TO GENERAL ELECTIONS. 
 PAGE, SECTION. 
 
 41 1. Sixty days previous, and up to the time of each general election, the 
 
 Commissioners of the county to publish notices of the size, texture 
 and color of ballots, and of the size, make and form of voting envel- 
 opes to be used at such election, 
 
 «« 2, Notices of all general elections are to be published by the Commissioners 
 
 at least thirty days preceding the same; form of notices. 
 
 •' 3. Notices of special election; how given. 
 
 '• 4, Expenses of publishing notices to be paid by the cotinty.
 
 A:^.\LYTICAL rNT)EX TO LAW. V 
 
 CHAPTER VIII. 
 
 BALLOTS TO BE USED AT GENEKAL PEIMAKY AND GENEAL FINAL ELECTIONS. 
 PAGE. SECTION. 
 
 42 1. At general primary elections there shall be separate ballots for the fol- 
 
 lowing purjioses : 
 
 First — For nominations; 
 
 Second — For displacement and replacement; 
 
 Third — For propositions as to legislation; 
 
 Fourth — For declarations as to political principles, public policy, 
 and public affairs. 
 
 Fifth — For declarations as to administrative policy and practice, and 
 official conduct and confidence or want of confidence; declara- 
 tions 4 and 5, when convenient, may be placed upon one ballot. 
 
 43 2. At general final elections there shall be separate ballots for the following 
 
 purposes : 
 
 First — For elective officers; 
 Second — Legislative acts ; 
 Third — Instructions ; 
 
 Fourth — Approval or censure of pubUc administi-ations, or of official 
 conduct. 
 
 CHAPTER IX. 
 
 EECEIVEES OF VOTES COLLECTOKS THEIR DUTIES. 
 
 PAGE. SECTION. 
 
 43 1. These officers to be appointed by Registers; the general duties of Re- 
 
 ceivers; times for receiving and sending, or carrying, and delivering 
 votes; Collectors of votes. 
 " 2. Collectors to visit electors at their residences, places of business, occupa- 
 
 tion or resort to receive votes three days preceding and on the day of 
 election; selection of Collectors; they ai-e required to specially accom- 
 modate electors who are closely engaged in reputable emiiloyments at 
 the times and places indicated as most convenient or agreeable. 
 
 44 3, Rudeness or want of proper attention to Collectors forbidden; how pun- 
 
 ished; Collectors not requii'ed to submit to unreasonable annoyance or 
 delay. 
 
 " 4. Registry lists, books, receiving boxes, etc., that are to be sui^plied to Re- 
 
 ceivers; Collectors to be supplied, also, with a suitable sack and other 
 conveniences. 
 
 " 5. Visits of Collectors; notices of same; how arranged. 
 
 " G. Votes of persons whose names are not on certified registry lists not re- 
 
 ceived; proviso as to names omitted. 
 
 45 7. Name on list prima facie evidence of right to vote; identity of voters 
 
 must be established. 
 " 8. Votes; hovr received; name must be on list; applicant may be ques- 
 
 tioned, on oath or otherwise, as to his identity; he may be required to 
 produce his certificate of registration, or the testimony of two repu- 
 table electoi's, under oath, as to his identity; receiving officer may still 
 refuse the applicant when ho still has strong and reasonable doubts on 
 
 14
 
 Vi AN.\LTTIC^VL INDEX TO LAW. 
 
 PAGE. SECTION, 
 
 45 8. this point; the refused jjersou may ajipeal, at the proper time, to the 
 
 Election Board. 
 
 " 9. Ballots must be enclosed in a legal voting envelope; electors may get cer- 
 
 tified duplicates of their ballots; method of delivery and receipt of 
 votes. 
 
 4G 10. Method of comparing and certifying duplicates. 
 
 " 11. Receiving and ballot boxes; of what material; how arranged. 
 
 " 12. Delivery to Collectors of their receiving boxes. 
 
 " 13. Daily i-etums of Collectors; delivery of them; receiving boxes; method 
 
 of taking out, checking and transferring votes ; proceeding when votes 
 of persons whose names are checked by Collectors are not found, and 
 when votes of persons whose names are not checked by them, are 
 are found; re-delivery of receiving boxes to Collectors on day of elec. 
 tion; Collectors to deliver their receiving boxes to the Election Board 
 at 5 p. M. 
 
 47 14. Eegisters and Acting Registers as Receivers of votes; to receive votes at 
 
 their offices during the three days preceding a general election; when a 
 person appUes to vote in name already checked, or a vote is delivered 
 in that name, the question of identity must be raised at once and de- 
 cided. 
 
 CHAPTER X. 
 
 rSE OF POSTAL, EXPEESS^ TELEGBAPH, AND OTHER FACILITIES, AND OF PRIVATE MES- 
 
 SENGEKS. 
 PAGE. SECTION. 
 
 48 1 . Electors of the several poUtical divisions may authorize express, telegraph 
 
 and other companies to receive, transmit carry and deliver votes ; also, 
 the use of the postal facilities and private messengers for this purpose, 
 
 48 2. How arrangements are to be made with such companies and notices pub- 
 
 lished; authorization, designation, and instruction of officers and em- 
 ployees of such companies; notice to be given; how they may receive 
 votes. 
 
 '• 3. Designation of local operations; votes may be sent by telegi'ax^h from any 
 
 part of the United States. 
 
 " 4, Telegraph operatives and postal officers, before receiving a vote officially, 
 
 must see the cei-tificate of registration; if the person agrees with the 
 description, they must so certify ; if the person does not so agree, they 
 cannot legally receive his vote ; ballots for transmission must be pre- 
 pared in duplicate; how ballots may be transmitted by telegraph; 
 sending operator to testify to the identity of a person, if he is known 
 to the operator; if not, he is to get and send the sworn certificates of 
 two reputable citizens of the vicinity of the sending officer, known to 
 him, as to identity; how votes and certificates are to be received at the 
 office of destination, and how enclosed and delivered to the Reg- 
 ister, or Acting Register; how votes are to be received, sent, and dehv- 
 ered by post; votes may be sent by telegraph during the four days pre- 
 ceding, and up to 4 o'clock of the day of election; by i^ost ten days 
 previous, and up to the time when they can reach the Election Board by 
 noon of the day of election; votes received by telegraph or post may
 
 ANALYTICAL INDEX TO LAW. Vll 
 
 PAGE, SECTION. 
 
 be withheld for doiibts of legality, and the question as to this tried and 
 decided at the proper time. 
 
 49 5. Two methods ijrovided for appointing and employing messengers; elect- 
 
 ors using the facilities provided in this Chapter will do so at their own 
 expense. 
 
 CHAPTER XI. 
 
 TOTING AT THE POLLS. 
 PAGE. SECTION. 
 
 50 1. Opening and closing the polls. 
 
 " 2. Ballot box; how locked, kept and cared for. 
 
 " 3. Poll books and use of same; Insx^ector's stamp; by whom the votes are to 
 
 be received; difierences of Inspectors to be refen-ed for decision to the 
 Register, or Acting Piegister; use of books, photogi'aphs, etc., for proof 
 of identity. 
 
 51 4. Arrangement of jjoU books. 
 
 " 5. How votes are to be received by the Receiving Inspector and the Election 
 
 Board. 
 
 " 6. Delivery of votes by electors at the jwUs; certifying duplicate ballots at 
 
 the polls. 
 
 <« 7. Requirements of Sections 6, 7, 8, 9 and 10, Chapter IX, of this Act, to 
 
 be observed by Election Boards; name of applicant must be on the 
 poll books; its presence there is evidence of the right to vote: identity 
 may be questioned; applicant must answer truly as to this. 
 
 52 8. Challenges; oaths; proof of identity, etc. 
 
 <' 9. Closing the polls; disposition and care of receiving boxes, ballot boxes, 
 
 poll books, etc. 
 
 CHAPTER XII. 
 
 OPENING EECEIVING BOXES ANT) BALLOT BOX — TAKING OUT, OPENING AND CANVASSING 
 
 TOTES. 
 PAGE. SECTION. 
 
 52 1. Opening Register's receiving box; taking out and opening voting en- 
 
 velopes. 
 
 53 2. Pasting ballots in ballot book and numbering ballots. 
 " 3. Calling, checking, and correcting. 
 
 «' 4. Opening Collector's receiving boxes, and proceeding as required in Sec- 
 
 tions 1, 2 and 3, of this Chapter, with a slight exception stated. 
 
 51 5. Opening ballot box and proceeding as required in same Sections. 
 
 " G. Review and comparison; coiTection when the vete of a person whose 
 
 name is checked is not found; fact to be noted in column for remarks. 
 
 «' 7. Duplicate ballots in whole or part: what is to be done with the same; ex- 
 
 cess of persons voted for; when ballots are to bo rejected; if one name 
 is printed and another written, the printed name to be rejected; a 
 name substituted for one printed, otherwise than by writing with ink or 
 2iencil, to be rejected. 
 
 5o 8. Votes deemed by a majority of the Election Board illegal must be with- 
 
 held.
 
 PAGE. E 
 55 
 
 ECTIC 
 1. 
 
 i< 
 
 2. 
 
 56 
 
 3. 
 
 <i 
 
 4. 
 
 i< 
 
 5. 
 
 57 
 
 6. 
 
 VIU , ANALYTICAL INDEX TO LAW. 
 
 CHAP TEE XIII. 
 
 THE PKELIMINARY COUNT. 
 7. 
 
 Tally sets, sheets or books for insertion of copies of propositions, decla- 
 rations, instructions, etc,, voted for, to be provided to the Election 
 Board; arrangement of the tally sets. 
 
 Tallying the votes for officers. 
 
 Tallying the other ballots; each specified matter voted ^^pon to be copied, 
 classified, numbered, etc. 
 
 Expressions compared; differences noted; how tallied. 
 
 Tallying the votes For and Against legislative acts. 
 
 Addition; comparison; correction; statement and certification of prelimi- 
 nary count. 
 
 CHAPTER XIV. 
 
 PBOCEEDINGS OF ELECTION BOAED AFTER THE PRELIMINARY COtTNT — THE CORRECTED OF- 
 FICIAL COUNT. 
 PAGE. SECTION. 
 
 57 1. The Register, or Acting Register, and Clerk, are to copy from the poll 
 
 book: 
 
 First — The names of all electors who failed to vote; 
 
 Second — The names of all electors whose names are checked, biit 
 
 whose votes are not found; 
 Third — The names of all electors whose votes were withheld for 
 
 reason of illegality; 
 Fourth — The names of those electors whose votes, in whole or part, 
 could not be made out. 
 Notices containing these lists to be pubHshed ; the first class will be noti- 
 fied that, if they can show before the Election Board, at a given time 
 and place, that their failure to vote was due to criminal or illegal acts 
 of others, their votes ^vill be received; the second class will be notified 
 that their votes will be received; the third class will be notified that 
 evidences as to the legality or illegaUty of their votes will be taken, 
 and all votes witlJheld then found legal will be received; the fourth 
 class -niU be notified that, if they can show that the obscurity or errors 
 were not due to their own unjustifiable neglect, or criminal or imj^roper 
 intent, they will be allowed to make proper corrections, etc. ; persons 
 who can then prove, before the Election Board, that their names were 
 on the Official Register, but omitted from the hsts, may then vote. 
 •• 2. Persons whose votes were destroyed by the violence of others, or stolen, 
 
 and persons who, by violence or intimidation, were prevented from 
 voting, can then vote. 
 
 58 3. The Election Board is to meet at an appointed time and place the next 
 
 day after the completion of the preliminary count, when they will hear 
 and decide questions as to illegality of votes, and receive proper votes, 
 before wrongfully excluded or withheld. 
 
 «« 4, Two days after the preliminary count, or sooner if their other business is 
 
 concluded, the Board shall meet, count the additional votes, make the 
 necessary corrections, and make out and certify to the corrected or of- 
 ficial count.
 
 ANALYTICAL INDEX TO LAW. IX 
 
 PAGE. SECTION. 
 
 " 5. A full record is to be kept by the Kegister, or Acting Register, and the 
 
 Clerk, of aU proceedings of the Election Board after the preliminary 
 count; the two reports to be compared, con-ected and certified; all 
 these proceedings, excepting those parts involviug a public knowledge 
 of persons or things voted for by the electors, are to be in public. 
 
 CHAPTEK XV. 
 
 CANVASS, EETUENS AND ABSTBACTS OF VOTES COMPENSATION AND PAYMENT OF ELECTION 
 
 OFFICEES COMMISSIONS AND CEETIFICATES OF ELECTION. 
 
 PAGE. SECTION. 
 
 58 1. Abstracts of votes to be made out by the Kegister, or Acting Kegister, 
 
 and the Clerk; forms of same. 
 
 60 2. One set of papers, books, and proceedings, including baUot book, to be 
 
 made up and sent to the County Clerk; another set, except ballot book, 
 to be made up and deposited in the proper registry office. 
 
 " 3. All but ballot book, tally sets and proceedings of the Election Board, to be 
 
 open to public inspection; those in legal proceedings only on order of 
 the Court. 
 
 " 4. Commmissioners of the county to open returns and canvass the vote; 
 
 when a Commissioner is voted for, the District Judge, or Jndges, or 
 some person appointed by him or them; his duty as to Commissioners. 
 
 61 5. Abstracts of votes at primary elections for the county; when and how 
 
 made. 
 
 " 6. Abstracts of votes for final elections for the county; when and how made. 
 
 62 7. Certificates of election to members of the Legislature, district, county, 
 
 township and precinct officers ; in case of a tie, a special election to be 
 ordered. 
 
 62 8. Compensation of election officers. 
 
 •' 9. Certificates of amounts due them to be given by the County Clerk; 
 
 amounts to be paid out of the County Treasurj\ 
 
 *' 10, Abstracts of the votes at primary elections as to State and national of- 
 
 fices, officers and afi"airs, to be made and sent by the Clerk to the Sec- 
 retary of State, on or before the 10th of October; the Secretary of 
 State and two Inspectors, to be appointed by the Governor, to canvass 
 the votes and declare the results, and publish the same from the 15th 
 of October to the day of the general final election. 
 
 63 11. Supreme Judges, at the office of the Secretary of State, to canvass the 
 
 returns of general final elections for members of Congress, district and 
 State officers, and legislative acts and expressions as to State and na- 
 tional afiiiirs. 
 
 " 12. The Governor to commission persons elected to these offices, and to cer- 
 
 tify the votes on legislative and such expressions. 
 
 " 13. lu case of a tie the Governor is to order a new election. 
 
 *' 14. Votes for President and Vice President, and Elec^tors of the same, to be 
 
 canvassed on the fourth Monday after the Presidential election. 
 
 " 15. Certificates and commissions are not to be withheld on account of mere 
 
 infoi-mality or defect in returns. 
 
 " IG. When the returns of a county arc not received at the office of the Secre- 
 
 tary of State on or before the 5th day of October, that officer may
 
 X ANALYTICAL INDEX TO LAW. 
 
 PAGE. SECTION. 
 
 send to tho ecniiity ii special mcssengci- for the same, at its expense; 
 sifter thirty days the Secretary of State may certify, with State seal, 
 to the iiroper District Attorney, snch omissions and failures, and this 
 shall lie taken as sufficient presumptive evidence of the same. 
 
 '♦ 17. Method of detennininp; and designating the county to which the returns 
 
 for the district are to be sent; retiu'us; how made, declared and pub- 
 lished; certificates to district officers. 
 
 C5 18. How retui-us are to be sent by County Clerks, when not otherwise di- 
 
 rected. 
 
 CHAPTER XVI. 
 
 EECOUNT IN CEETAIN CASES — LEGAL EXAMINATION AND COEBECTION OF INFOEMATION AND 
 
 PEIMAEY ELECTION EETUENS. 
 PAGE. SECTION. 
 
 65 1. Eecount of votes, in certain cases, for county, township and i^recinct 
 
 officers. 
 " 2. Same on stipulation of parties to an election contest. 
 
 66 3. Appointment by District Court, in certain cases, of a legal commission to 
 
 examine and correct information and primary election returns. 
 
 CHAPTER XVII. 
 
 ELECTION CONTESTS LEGAL PEOCEEDINGS IN SAME. 
 
 PAGE. SECTION. 
 
 67 1. Contested elections of county and township officers; reasons to be al- 
 
 leged. 
 
 «• 2. Election not to be annulled, unless the jn-oved illegal votes change the 
 
 result as to the remaining vote. 
 
 " 3. Contestant's statement. 
 
 '« i. Allegations as to illegal votes: lists of same; evidence to be confined to 
 
 these; District Court has original jurisdiction; it may obtain all doc- 
 umentary evidence required. 
 
 68 5. If particular cause of contest is alleged with sufficient certainty, it is im- 
 
 material as to form. 
 
 " 6. Notice to be given to parties as to time of hearing the case. 
 
 " 7. Contested elections to have precedence in the Courts, in certain cases. 
 
 " 8. Issuance of subpoenas; compulsory attendance of witnessess. 
 
 9. Certificate of election to be given by the County Clerk to the proper per- 
 son, on the certified judgment of the Court. 
 
 " 10. Losing party to pay costs; Sheriff 's and witnesses' fees. 
 
 " 11. Unless appeal is taken within thirty days judgment stands, but the Court 
 
 may declare what person was duly elected, and the Clerk of the j^roper 
 county shall issue a certificate of election to that person. 
 
 " 12. Contest for a District Judgeship shall be tried before the District Court 
 
 of the nearest adjoining district. 
 13. The District Attorney may bring action, in the name of the State, against 
 any person who holds unlawfully a public office within this State; it 
 is his duty to do so when be believes the office to be unlawfully held, 
 when so directed by the Governor. 
 
 " 14. The District Attorney may set forth the name of the person entitled to
 
 .\^'.U.YTICAL rSDEX TO LAW. XI 
 
 PAGE. SECTION. 
 
 the office or franchise ; if proved that defendant has received fees or 
 
 emoluments by reason of his usui-pation, he may be arrested, as in 
 
 other civil cases. 
 C9 15. The person adjudged entitled to the office may recover, by action, the 
 
 damages consequent on the usurpation. 
 " IG. One action may be brought to decide all conflicting claims to the same 
 
 office. 
 
 CHAPTER XYIII. 
 
 CONTESTS FOE ilElIBEES OF THE LEGISIATUKE. 
 PAGE. SECTION. 
 
 69 1. Same as 52 (old law), Act relating to officers, etc. 
 
 2. Same as 53 (old law), Act relating to officers, etc. 
 
 3. Same as 54 (old law). Act relating to officers, etc. 
 
 4. Same as 55 (old law), Act relating to officers, etc. 
 
 5. Same as 5G (old law), Act relating to officers, etc. 
 G. Same as 57 (old law), Act relating to officers, etc. 
 
 CHAPTEE XIX. 
 
 ELECTION CONTESTS FOP. STATE OITICES. 
 PAGE. SECTION. 
 
 CO 1 . Eights of persons to elective State offices may be contested in the Su- 
 
 preme Court by quahfied electors; the Attorney General is required to 
 prosecute such actions in the name of the people. 
 
 CHAPTEE XX. 
 
 IJEMOVAL FEOM OFFICE THKOUGH THE COUETS THEOUGH THE ACTION OF THE ELECTOES. 
 
 PAGE. SECTION. 
 
 GO 1. Unlawful neglect or refusal; malpractice and malfeasance causes of re- 
 
 moval from office. 
 
 70 2. On proper complaint, the Distiict Judge shall cite the person charged 
 
 before him on a ceiiain day; complaint must be heard within twenty 
 
 days; if sustained, the Couil shall decree deprivation of office, "with 
 
 judgment for $500 and costs for complainant. 
 •• 3. Clerk of Court must transmit a copy of the decree to the Governor 
 
 within thi-ee days, who shall appoint, temporaiily, a person to fill the 
 
 office. 
 " 4. An officer against whom judgment has been rendered shall not hold his 
 
 office pending an appeal; but the office shall be filled, as in cases of 
 
 vacancy. 
 
 " 5. Notices to be published by the Commissioners of the county, in their no- 
 
 tices of ihe next general final election, of all majority votes at the last 
 general inimary election i^roposing the displacement of all elective 
 officers, and of all votes for nominations to replace such officers whose 
 displacement has been thus proposed. 
 
 " G. Notice in same case as to District and State officers, to be pubUshcd 
 
 by the Secretai-y of State, 
 
 71 7. Election of persons to reiilace officers whose displacement has been thus 
 
 proposed; when i^ersons so elected enter ujjou their offices; length of 
 terms, etc.
 
 Xll ANALYTICAL INDEX TO LAW. 
 
 CHAPTER XXI. 
 
 PUBLIC INFOEMATION AND EECOMMENDATIONS — KXPRESSIONS OF ELECTOK3 AT PRIMAET 
 
 ELECTIONS INSTKUCTIONS AT FINAL ELECTIONS. 
 
 PAGE. SECTION. 
 
 71 1. The Governor to call the attention of the Legislature to recommenda- 
 
 tions, as to State and national affairs, of the electors in their last re- 
 turns of information. 
 
 " 2. Also, to thtir i^roposals and declarations made at the last general primary 
 
 election. 
 
 " 3. The Governor is reqiiired to call the special attention of the Legislature 
 
 to each specific instruction voted by a majority of the electors of the 
 State at the last general final election; such instruction, with regard to 
 which the Legislature has constitutional power to act, is declared man- 
 datory upon that body by virtue of the declaration of Section 10, Ar- 
 ticle I, of the Constitution of the State of Nevada, as to the right of 
 instruction. 
 
 72 4. Establishes a rule of legislation of the Senate and the Assembly, and 
 
 makes it a requirement of law upon all local legislative bodies, after 
 official proof of specific instruction, to appoint a commission to pre- 
 pare and report the form of an act for carrying such instruction into 
 effect; then to enact jiroper laws for this purpose. 
 
 " 5. Specific instruction legally given by a majority of the electors of the dis- 
 
 trict to a State Senator, or member of the Assembly, is mandatory 
 \ipou these ofiicers, when not overrtiled by subsequent contrary in- 
 struction by a majority of the electors of the State to the Legislature, 
 
 " 6. When such Senator, or member of the Assembly, after due and proper 
 
 notice and opportunity, fails to comply with such instruction, when 
 the same is not overruled as stated, his office becomes vacant; the 
 same provision api^lies, under like circumstances, to local legislative 
 boards. 
 
 " 7. The County Clerk who makes out the returns of the Senatorial or As- 
 
 sembly district, shall make out two certificates of each specific instruc- 
 tion voted to any State Senator, or member of the Assemblj% and 
 send one of these certificates to the Senator, or member of the As- 
 sembly instructed, and the other to the House of which he is a mem- 
 ber; the Journal Clerk of the proper House, immediately upon the re- 
 ceipt of the certificate, shall copy it in his journal; if, after this, the 
 member shall act in violation of his instruction, or fail to act in ac- 
 cordance therewith, his office shall cease; if he shall then attempt to 
 exercise it, he shall be subject to punishment, as provided in Section 
 16, Chapter XXVIII ; the presiding officer of the i)roper House to no- 
 tify the Governor, as in other cases of vacancy; provided, that such 
 member may appeal to the House as to- the question whether the in- 
 struction was legally given. 
 
 73 8. At the request of a Senator, or Kepresentative in the Congress of the United 
 
 States ; or of a State Senator, or member of the Assembly, the electors, 
 when returning their informations, or, at a jirimary election, may ex- 
 press their opinions and wishes as to specific matters of legislation, or 
 Tote instructions as to the same at a final election, the request is to be 
 made and published in the manner and during the time prescribed.
 
 ANALYTICAL IXDEX TO LAW. XIU 
 
 PAGE. SECTION. 
 
 74 9. Representatives in Congress may be instructed by a majority of the elect- 
 
 ors of their respective districts ; the Secretary of State to notify the 
 instructed member. 
 
 •< 10. It is declared to be the duty of the Legislature to instruct the United 
 
 States Senators from this State, in accordance with a request proposed 
 by a majority of the electors at a general primary election, and ap- 
 proved by such majority, at the next general final election. 
 
 " 11. In case any Senator or Representative in Congress refuses or fails to 
 
 comply with such instruction, yet persists in holding his oflBice, the 
 Governor is authorized, in the name of the State and in behalf of the 
 people thereof, to test legally his right to the olBce; the Attorney Gen- 
 eral is required to represent the State, in behalf of the people thereof, 
 in all legal proceedings instituted by the Governor for this purpose. 
 
 CHAPTER XXII. 
 
 POPULAR SANCTION OF LEGISLATIVE ACTS. 
 PAGE. SECTION. 
 
 75 1. Provides for the submission of legislative acts to the votes of the 
 
 electors. 
 
 «« 2. The several counties and municipal corporations, and their several po- 
 
 litical divisions, shall especially observe the requirements of Section 
 1, Article V, Constitution of Nevada, as to general legislation, and the 
 declaration of Section 10, Article I, as to the right to instruct their 
 Representatives. 
 
 «« 3. Official estimates to be made of the additional cost, or the saving, of 
 
 each Act, and published, for information of the electors, with the Act. 
 
 «< ■ 4. Publicatioii of legislative acts. 
 
 76 5. Submission of legislative acts to the votes of the electors. 
 
 " 6. "When an act has been approved by the votes of a majority of the elect- 
 
 ors, ov of the majority voting, and this is officially ascertained, it be- 
 comes an actual and effective law; official proclamation to be made of 
 the results of the votes upon legislative acts. 
 
 CHAPTER XXIII. 
 
 PRESIDENTIAL ELECTION. 
 PAGE. SECTION. 
 
 76 1. Notice of the election of Presidential Electors, and of the votes cast for 
 
 President and Vice President. 
 
 «« 2. When and where Presidential Electors shall convene; vacancies in the 
 
 same; how filled. 
 
 76 3. How votes of Presidential Electors are to be cast; Presidential Electors 
 
 to be instructed by law to vote for President for the jjcrson who re- 
 ceived the highest number of votes in the State for that office, and for 
 Vice President for the i^erson who received the highest number of 
 votes in the State for Vice President; provided, both shall not l)e in- 
 habitants of this State; in case both are inhabitants of this State, the 
 Electors shall exclude one of these persons from their ballots, and the 
 Electors are at liberty to vote for any other qualified person for the 
 office for which the person excluded received the highest number of 
 15
 
 XIV ANALYTIC.VL INDEX TO LAW. 
 
 votes; separate statements, or lists, as to the votes for President ancl 
 Yice President to bo unidc, signed and sent to the President of the 
 Senate. 
 
 CHAPTER, XXIV. 
 
 PUBLIC MEETINGS OF THE ELECTORS — PROVISION FOR PUBLIC ACTION ON SPECIAL OCCA- 
 SIONS, AND IN UNUSUAL EXIGENCIES. 
 PAGE. SECTION. 
 
 77 1. Provides for such meetings; every elector of the precinct, or Registration 
 
 District, has an equal right to participate, and an equal vote; such 
 meetings may be called: 
 
 First — By certain proportional numbers of the electors; 
 
 Second — By certain public officers; 
 
 Third — By the Secretary of State, or Commissioners of the county. 
 " 2. The objects for which such meetings may be called and held are: 
 
 First — Consideration of political principles, public policy and pub. 
 lie affairs, and expression of opinion in reference thereto ; 
 
 Second — All objects stated, or refeiTed to, in Sections 2, Chapter IV, 
 and 1, Chapter V, of this Act; excejit nominations, displacement 
 and rejjlacement; 
 
 Third — PubUc action as to pending, or immediately necessary legis- 
 lation, and instruction of Bepresentatives, etc., in reference 
 thereto; 
 
 Fourth — Nomination of candidates to be voted for at special elec- 
 tions. 
 Such meetings may be convened: 
 
 For the first object — By a call signed by not less that one-tenth in 
 number of the electors, after three to ten days' publication and 
 notice; 
 
 For the second named objects — By a call signed by not less than one 
 fourth in number of the electors; by the Governor, or by the 
 County Commissioners, according to objects and circumstances, 
 on five to twenty days' notice; 
 
 For the third named objects — By a call signed by one fourth or more 
 in number of the electors, or by a Senator or Bejiresentative in 
 Congi-ess, or by a State Senator or member of the Assembly, after 
 one to twenty days' notice ; 
 
 For the fourth named object — On the calls of the Secretary of State 
 and Commissioners of the county, or on the call of the Commis- 
 sioners alone, after not less than five days' notice. 
 
 78 3. In what manner meetings for nominations are called by the Governor and 
 
 County Commissioners; and meetings for instruction called by Sena- 
 tors and Bepresentatives in Congress, and by State Senators and mem- 
 bers of the Assembly; calls by pnbUc officers to embrace the whole 
 political division concerned, or the whole State. 
 
 79 4. The Register, or an Acting Begister, to be present with a certified alpha- 
 
 betical list of the electors; method of entrance and identification of 
 electors. 
 " 5. Organization of meetings; Begister, or Acting Begister, to act as clerk; 
 
 call to order; reading of call of meeting, and further statement of its 
 objects; mles. 
 
 80 G. Manner of voting at such meetings.
 
 ANAIiTTICAL INDEX TO LAW. 
 
 PAGE. SECTION. 
 
 " 7. Numbers voting aye and no to be recorded; names to be taken down in 
 
 certain cases; no decisive important final action to be taken unless a 
 majoritj' of the electors of the precinct, or district, concur therein. 
 
 " 8. No legally authoritative action to be taken at any meeting at which less 
 
 than a majority of the electors of the precinct, or district, are present; 
 the whole number of electors, the nvimber present and acting, and the 
 numbers who vote aye and no, on each question, shall be stated dis- 
 tinctly in the official proceedings of each meeting; one copy of such 
 proceedings is to be sent to the County Clerk, one furnished to each 
 newspaper of the vicinity, and one kept in the Registry office. 
 
 82 9 . Abstracts of proceedings to be made by County Clerk, returning County 
 
 Clerk of a district and the Secretary of State, as the case may require, 
 and published; certificates of instructions voted to be made, and sent 
 to the proper officers. 
 
 82 10. Public meetings of electors to nominate candidates to be voted for at 
 
 special elections ; how such meetings are to be organized and candi- 
 dates nominated; returns to be sent to County Clerk. 
 
 " 11. County Clerk to make abstracts of returns and send to the Clerk of the 
 
 proper county, if not his own, in case of district officers, or the Sec- 
 retary of State in case of State officers. 
 
 *' 12. Telegraph may be used to send brief abstacts of returns, when otherwise 
 
 they cannot be made known in time. 
 
 " 13. The Register is to appoint, a deputy to act as Register, at each public 
 
 meeting of the electors of his Registration District at which he cannot 
 attend; the Register is to provide for public meetings of the electors 
 called by public officers; the county to pay the expense of such meet- 
 ings; in other cases, the expenses to be paid by those who call and 
 take part in the meetings. 
 
 83 14. Joint jjublic meetings of the electors of adjoining Registration Districts. 
 " 15. No sj^ecial society or party test or subject to be introduced or discussed in 
 
 public meetings of the electors. 
 
 . CHAPTER XXV. 
 
 OATH AND BOND OF OFFICE. 
 
 PAGE. SECTION 
 83 
 
 1. Same as 22, Act relating to officers, etc. 
 
 2. Same as 23, Act relating to officers, etc. 
 
 3. Same as 24, Act relating to officers, etc. 
 
 4. Same as 25, Act relating to officers, etc. 
 
 5. Same as 26, Act relating to officers, etc. 
 
 6. Same as 27, Act relating to officers, etc. 
 
 7. Same as 28, Act relating to officers, etc. 
 
 CHAPTER XXVI 
 
 COMMISSIONS AND CEETEPICATES. 
 PAGE. SECTION. 
 
 83 1. Same as 29, Act relating to officers, etc. 
 
 " 2. Same us 30, Act relating to officers, etc.
 
 XVi ANALYTICAL INDEX TO LAW. 
 
 PAGE. SECTION. 
 
 " 3. Same as 31, Act relating to officers, etc. 
 
 " 4. Same as 32, Act relating to officers, etc. 
 
 CHAPTER XXVII. 
 
 RESI a NATION S — V ACANCIE8. 
 PAGE. SECTION. 
 
 84 1. Same as 34, Act relating to officers; resignations. 
 
 " 2, Same as 35, Act relating to officers; resignations. 
 
 " 3. In -wliat events vacancies occur (changed from old Act.) 
 
 " 4. Same as 3G, Act relating to officers, etc.; vacancies. 
 
 " 5. Same as 37, Act relating to officers, etc.; vacancies. 
 
 " 6. Same as 38, Act relating to officers, etc.; vacancies. 
 
 " 7. Same as 39, Act relating to officers, etc.; vacancies. 
 
 " 8. Same as 40, Act relating to supplying vacancies. 
 
 " 9. Same as 41, Act relating to supplying vacancies. 
 
 " 10. Same as 42, Act relating to supplying vacancies. 
 
 " 11. Same as 43, Act relating to supplying vacancies. 
 
 ♦' 12. Same as 44, Act relating to supplying vacancies. 
 
 " 13. Same as 45, Act relating to suiifdying vacancies. 
 
 " 14. Same as 4G, Act relating to supplying vacancies. 
 
 " 15. Same as 47, Act relating to supplying vacancies, 
 
 " ^ 16. Same as 48, Act relating to supplying vacancies. 
 
 " 17. Same as 49, Act relating to supplying vacancies. 
 
 CHAPTER XXVIII. 
 
 CRIMES AND MISDEMEANORS CONNECTED WITH REGISTRATION — INITIAL AND INTERMEDIARY 
 
 PUBLIC ACTION AND ELECTIONS PUNISHMENTS. 
 
 PAGE. SECTION. 
 
 84 1. For rudeness and discourtesy of election officers, and for causing electors 
 
 undue trouble and expense. 
 " 2. For refusal of an applicant to be sworn and answer; touching his right to 
 
 register or vote. 
 
 85 3. For offering or accepting a bet, wager, or chance on elections. 
 
 " 4. For willful neglect, or fraudulent or corrupt conduct of the Secretary of 
 
 State, Registers and other public officers. 
 " 5. For willful neglect of duties prescribed by this Act; fraudulent acts, etc. 
 
 '« 6. For the use of force, threats, or other corrupt means to control or im- 
 
 properly influence electors in making and returning informations; and 
 for falsehood, deceit, etc., in reference thereto, or making or present- 
 ing a false or forged information. 
 
 «• 7. For bribery, or offering to bribe, any officer or member of a caucus politi- 
 
 cal convention, public meeting of the electors, or meeting of the 
 peoi:)le, or any elector at a primaiy election, or political gathering of 
 any kind, etc. 
 
 86 . 8. For entertainment of electors with a view to influence their political ac- 
 
 tion, and for false reiDresentation of the character of party or other 
 exclusive meetings.
 
 ANALTTIC.U^ INDEX TO LAW. XVll 
 
 PAGE. SECTION. 
 
 " 9. For promising uiDpointments as an inducement for any person to aid the 
 
 nomination or election of any person or candidate. 
 
 " 10. For fraudulent registration and voting, false erasures and entries, adding, 
 
 abstracting, or changing ballots ; destroying or carrying away from the 
 Register's office any book, record, or document, or destroying or carry- 
 ing away any ballot book, receiving bos or ballot box, tally sheet or 
 other i:)ai3er, with wi-ongful intent, etc. ; and for improper interference 
 with electors or election officers. 
 
 87 11. For attempting to register or vote fraudulently; counseling or assisting 
 
 the same. 
 
 " 12. For attempt, by election officers, to open voting envelopes or ballots, for 
 
 the purpose of finding out the name of any person, or to find out any- 
 thing voted for, except legally in the performance of his duties; and 
 for the disclosure, except in the same manner, by an officer of elec- 
 tions of the name of any person voted for, or anything voted for by an 
 elector, which became known to siich officer in the performance of his 
 legal duties. 
 
 «« 13. To any person who, by force, throats, bribery, deceit, etc., tries to con- 
 
 trol or influence an elector in voting, or causes him to vote for a dif- 
 ferent person, pmrpose or measure, than that for which he intended or 
 desired to vote; or, being an election officer, induces, or attempts to 
 induce, by menace, reward or promise, an elector to vote differently 
 from what he intended or desired to vote ; or to any person who at- 
 tempts to control, or improperly influence an elector or public officer 
 in the exercise of his political and legal rights, or in the performance 
 of such duties by promises of the favor or support, or threats of the 
 disfavor or opposition of any person, coterie, special society, political 
 club, or political party, etc. ' 
 
 «« 14. For forging registration Usts or papers or election returns, or substituting 
 
 false for true. 
 
 " 15. To Collectors, and other Receivers of votes, for breach of tnist, in the 
 
 reception, care and deUveiy of votes, or on the keeping or use of any 
 book, paper, or record connected with his official duties, etc. 
 
 " 16. For continuing in an office, knowing it to be legally vacant. 
 
 " 17. For selling or giving away, etc., spirituous, malt or fermented liquors or 
 
 ■wines on the day of an election. 
 
 89 18. Rewards to be offered by the Governor for the aiTest and conviction of 
 
 persons violating the provisions of this Act in regard to registration, 
 informations, elections, etc. 
 
 CHAPTER XXIX. 
 
 CEIMINAL, ACTION FOK MISCONDUCT IN OFFICE. 
 PAGE. SECTION. 
 
 89 1. Same as G3, Act relating to elections. 
 
 «• 2. Same as G4, Act relating to elections. 
 
 «' 3. Same as G5, Act relating to elections. 
 
 «' 4. Same as 66, Act relating to elections. 
 
 " 5. Same as 67, Act relating to elections. 
 
 «' 6. Same as 68, Act relating to elections.
 
 XVUl - ANALYTICAL INDEX TO LAW. 
 
 PAGE. SECTION. 
 
 " 7. Same as GO, Act relatixig to elections. 
 
 " 8. Same as 70, Act relating to elections. 
 
 " 9. Same as 71, Act relating to elections. 
 
 " 10. Same as 72, Act relating to elections. 
 
 CHAPTEE XXX. 
 
 IMPEACHMENT. 
 PAGE. SECTION. 
 
 89 1. Same as 7o, Act relating to elections. 
 
 2. Same as 7i, Act relating to elections. 
 
 3. Same as 75, Act relating to elections, 
 
 4. Same as 7G, Act relating to elections. 
 
 5. Same as 77, Act relating to elections. 
 G. Same as 78, Actrelating to elections. 
 
 7. Same as 79, Act relating to elections. 
 
 8. Same as 80, Act relating to elections. 
 
 9. Same as 81, Act relating to elections. 
 10. Same as 82, Act relating to elections. 
 
 CHAPTER XXXI. 
 
 DISTRIBUTION OF THIS ACT — EXHIBITION OF BALLOTS WITHIN 100 FEET OF THE POLLING 
 PLACES FORBIDDEN PRESERVATION OP ORDER AT ELECTIONS, ETC. 
 
 PAGE, SECTION. 
 
 89 1. PamjAlet cojoies of this Act to be furnished by the Secretary of State 
 
 for each Registration District and voting precinct. 
 
 90 2. No ticket, ballot, or voting envelope to be opened or exhibited within 
 
 one hundred feet of the polls. 
 " 3. Deputies may be appointed by Sheriffs to sei-ve at election precincts; in 
 
 default of these Justices may appoint peace officers. 
 
 CHAPTER XXXII. 
 
 ENCOURAGEMENT OF PRACTICAL IMPROVEMENTS IN THE WORKING OF POPULAR GOVERN- 
 MENT PRIZES AND BIEDALS TO BE OFFERED AND AWARDED. 
 
 PAGE. SECTION. 
 
 90 1. Prizes authorized to be given for improvements in the practical working 
 
 of popular government. 
 " 2. The Governor, Chief Justice and Supreme Judges the Committee of 
 
 Award; public notices to be given; rules to be observed on making 
 awards; testimonial. 
 
 91 3. Medals to be procured by the Secretary of State at public cost; warrant 
 
 of State Controller for the amoiint of gold coin awarded, to be given 
 and handed, or sent, to the person to whom the iDiize is awarded. 
 
 CHAPTER XXXIII. 
 
 REPEAL. 
 PAGE. SECTION. 
 
 " 1. Repeal of "Act Relative to Elections," approved March 12th, 1873. 
 
 " 2. Repeal cf Sections 1 to 17, inclusive, 22 to 49, inclusive, and Sections 
 
 58, 59 and GO of "Act Relating to Officers," etc., approved March 9th, 
 
 18GG.
 
 ANALYTICAL IXDEX TO LAW. xix 
 
 PAGE. SECTION. 
 
 ". 3. Kepeal of " An Act to Provide for Eegistration, " etc., approved March 
 
 5th, 18G9. 
 
 CONSTITUTIONALITY OF PKOPOSED ACT. 
 
 Pages 91 to 94, inclusive, 
 
 AKTICLE XYIII. 
 
 PKOPOSED AMENDMENTS TO THE CONSTITUTION OF THE STATE OF NEVADA. 
 PAGE. SECTION. 
 
 94 1. The word " election, " in provisions heretofore adopted, to be construed 
 
 to mean final election. 
 
 " 2. For gaining information from electors. 
 
 95 3. Pro%ddes for primary elections. 
 
 " 4. Extent of choice at inimary and final elections. 
 
 " 5. Provides that persons may be chosen to office by three foiu'ths of the 
 
 electors in their returns of information, and by two thirds of the elect- 
 ors at primary elections. 
 
 " G. Provides for the displacement and replacement by electors of elective 
 
 officers. 
 
 96 7. Provides for instruction by the electors to the Legislature, and local leg- 
 
 islative bodies. 
 
 " 8. Provides for instruction of indiAddual Senators and members of the As- 
 
 sembler by their constituents. 
 
 97 9 . Provides for popular sanction of legislative acts. 
 
 " 10- Special legislation within the pro\'ince of a general law, sanctioned bv 
 
 the votes of the electors, prohibited. 
 " 11. Provides for instruction to Senators and Representatives in Couwress. 
 
 98 12. Provides for recommendation in returns of information and nomination 
 
 at primary elections of persons for the offices of President and Vice 
 
 President, and for the instruction of the Presidential Electors chosen 
 
 by the electors of this State . 
 " 13. Provides for Eegistration Districts and Eegisters of election. 
 
 " 14. Provides for irablic meetings of the electors. 
 
 " 15. Amends Section 1, Ai-ticle II, as to "Eight of SuiTrage, " so as to read in 
 
 the first line, "Every citizen of the United States," etc.
 
 1«- 
 
 * 9 29 6
 
 UNIVERSITY OF CALIFORNIA, LOS ANGELES 
 
 THE UNIVERSITY LIBRARY 
 
 This book is DUE on the last date stamped below 
 
 MAR 1 9 1953 
 
 
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