4 
 
 THE COLORADO 
 
 nprpy r\ >i T TTT 
 
 ELECTION LAW. 
 
 1883. 
 
 PUBLISHED BY AUTHORITY 
 
 PW HTINQ HOUSE AND B U(VK 
 ^ U 
 
THE COLORADO 
 
 ELECTION LAW, 
 
 1883. 
 
 PUBLISHED BY AUTHORITY. 
 
 DENVER, COLORADO. 
 1884. 
 
ELECTION LAW. 
 
 Chapter XXXIV., Q. S. 
 
 SECTION I. Every male person over the age of 
 twenty-one years, possessing the following qualifications, 
 shall be entitled to vote at all elections : 
 
 First He shall be a citizen of the United States, or, 
 not being a citizen of the United States, he shall have 
 declared his intention according to law to become such 
 citizen not less than four months before he offers to vote. 
 
 Second He shall have resided in this State six months 
 immediately preceding the election at which he offers to 
 vote; in the county, ninety days; and in the ward or pre 
 cinct, ten days; Provided, That no person shall be denied 
 the right to vote at any school district election, nor to hold 
 any school district office, on account of sex. That all acts 
 or parts of acts inconsistent with this act be and the same 
 are hereby repealed. 
 
 SEC. 2. No person under guardianship, non compos 
 mentis, or insane, shall be qualified to vote at any election, 
 nor shall any person while confined in any public prison be 
 entitled to vote, but every such person who was a qualified 
 elector prior to such imprisonment, and who is released 
 therefrom by pardon or by having served out his full term 
 of imprisonment, shall be vested with all the rights of 
 citizenship except as provided in the constitution. 
 
 SEC. 3. For the purposes of voting and eligibility to 
 office, no person shall be deemed to have gained a residence 
 by reason of his presence, or lost it by reason of his 
 absence, while in the civil or military service of the State 
 or of the United States, nor while a student at any institu 
 tion of learning, nor while kept at public expense in any 
 poorhouse or other asylum, nor while confined in public 
 prison. 
 
 SEC. 4. Every qualified elector shall be eligible to 
 hold any office of this State for which he is an elector, 
 except as otherwise provided by the constitution. 
 
SEC. 5. A general election shall beheld in the several 
 wards and precincts in this State on the first Tuesday of 
 October, A. D. 1877, 1878 and 1879, and on the Tuesday 
 succeeding the first Monday in November, A. D. 1880, and 
 on the Tuesday succeeding the first Monday of November 
 in every year thereafter. 
 
 SEC. 6. At the general election, A. D. 1877, and 
 every alternate year thereafter, there shall be elected in 
 .every county of the State the following county officers, 
 to-wit : One county clerk, who shall be ex ojficio recorder 
 of deeds and clerk of the board of county commissioners ; 
 one sheriff, one coroner, one treasurer, who shall be col 
 lector of taxes ; one county superintendent of schools, one 
 county surveyor and one county assessor. There shall 
 alsojbe elected in every county of the State, at the general 
 election, A. D. 1877, and every third year thereafter, one 
 county judge. 
 
 SEC. 7. At the general election, A. D. 1878, and 
 every alternate year thereafter, there shall be elected the 
 following State officers, to-wit : One governor, one lieu 
 tenant-governor, one secretary of State, one State treasurer, 
 one auditor of State, one superintendent of public instruc 
 tion, and two regents of the university ; and in each repre 
 sentative district of the State, such members of the house 
 of representatives as they may severally be entitled to. 
 State senators shall be elected in every senatorial district at 
 the general election in the year when the term of office of 
 senator shall expire in such district respectively ; also, on 
 the first Tuesday succeeding the first Monday of November, 
 A. D. 1878, and every alternate year thereafter, there shall 
 be elected the number of representatives in congress to 
 which the State may be entitled. 
 
 SEC. 8. At the general election, A. D. 1879, and 
 every third year thereafter, there shall be elected one judge 
 of the supreme court, and in each judicial district of the 
 State one district attorney. At the general election, A. D. 
 1880, and every fourth year thereafter, there shall be elected 
 such a number of electors of president and vice-president 
 of the United States as the State may be entitled to in the 
 electoral college, and at the general election in 1882, and 
 every sixth year thereafter, there shall be elected in each 
 judicial district one judge of the district court. 
 
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 SEC. 9. At the general election, A. D. 1877, and 
 annually thereafter, there shall be elected in each county of 
 the State one county commissioner, whose term of office 
 shall be three years, and in each justice's precinct, except 
 wards in incorporated cities, there shall be elected at the 
 general election, A. D. 1877, and annually thereafter, one 
 justice* of the peace and one constable, whose terms of 
 office shall be two years ; and all other officers not herein 
 specified that now are or hereafter may be created shall, 
 unless otherwise provided, be elected on the day of the 
 general election. 
 
 
 
 SEC. 10. All vacancies in any State or county office, 
 and in the supreme or district courts, unless otherwise pro 
 vided for by law, shall be filled by appointment by the gov 
 ernor until the next general election after such vacancy 
 occurs, when such vacancy shall be filled by election, and 
 the district judge shall fill all vacancies in the office of dis 
 trict attorney in his district by appointment until the next 
 general election. 
 
 SEC. ii. The regular term of office of all State, dis 
 trict, county and precinct officers and of the judges of the 
 supreme court shall commence on the second Tuesday of 
 January next after their election, except as otherwise pro 
 vided by law. 
 
 SEC. 12. The regular term of office of members of 
 the general assembly shall commence on the first Wednes 
 day of December next after their election. 
 
 SEC. 13. Any of the said officers that may be elected 
 or appointed to fill vacancies may qualify and enter upon 
 the duties of their office immediately thereafter, and if 
 elected they may hold the same during the unexpired term 
 for which they were elected, and until their successors are 
 elected and qualified, but if appointed they shall hold the 
 same only until their successors are elected and qualified. 
 
 SEC. i^. Whenever a vacancy shall occur in the 
 office of senator or member of the house of representatives 
 in any county or counties or district in this State, entitled 
 by law to such senator or representative, the governor shall, 
 upon satisfactory information thereof, and as soon as the 
 necessity is apparent, issue a writ or writs of election to the 
 
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 sheriff or sheriffs of said county or counties, entitled by 
 law to suh senator or representative, as aforesaid, direct 
 ing him to give notice of a special election within such 
 county or counties on a day specified in such writ or writs, 
 for the purpose of filling such vacancy; and the sheriff 
 shall proceed to give notice of the time and place of hold 
 ing such election, as in other cases, and such election shall 
 be held and conducted, and the returns thereof be made to 
 the county clerks in the same manner and within the time 
 specified in this act. 
 
 SEC. 15. Special elections shall be conducted and the 
 results thereof canvassed and certified in all respects as 
 near as practicable in like manner as general elections, except 
 as otherwise provided ; but special elections shall not be 
 held, unless when required by public good, and in no case 
 within ninety days next preceding a general election. 
 
 SEC. 1 6. All vacancies in any county or precinct 
 office of any of the several counties of the State, except 
 that of the county commissioner, shall be filled by appoint 
 ment by the county commissioners of the county in which 
 the vacancy occurs until the next general election, when 
 such vacancy shall be filled by election subject to the pro 
 visions of section twenty-nine, article six, of the constitu 
 tion. 
 
 SEC. 17. Whenever the governor appoints a county 
 commissioner to fill a vacancy in any county he shall 
 appoint a person who is a resident of the county and of the 
 commissioner district of the county in which the vacancy 
 exists. 
 
 SEC. 1 8. Whenever any vacancy shall happen in the 
 office of representative in congress from this State, it shall 
 be the duty of the governor to appoint a day to hold a 
 special election to fill such vacancy, and cause notice of 
 such election to be given as required in section twenty of 
 this act. 
 
 SEC. 19. The secretary of State shall, at least thirty 
 days previous to any general election, at which officers of 
 the executive department, regents of the university, mem 
 bers of the general assembly, judges of the supreme and 
 district courts, district attorneys, representatives in congress, 
 
7 
 
 and presidential electors, are to be elected for a full term, 
 make out and cause to be delivered, or transmitted by 
 registered letter, to the county clerk of each county, a 
 notice in writing, stating that at the next general election 
 the beforementioned officers are to be elected, or so many 
 of such officers as are then to be chosen ; when members 
 of the general assembly are to be elected, and are included 
 in such notice, it shall specify the number of the district, 
 and the name of the member or members whose terms of 
 office will expire. 
 
 SEC. 20. Whenever there is a vacancy in any of the 
 offices mentioned in the preceding section, which is by 
 law to be filled at the general election, at which county 
 officers are elected, the secretary of State shall, at least 
 thirty days previous to said election, give notice in writing, 
 as provided for in the preceding section, and said notice 
 shall specify the office in which a vacancy exists, the cause 
 of such vacancy, the name of the officer in whose office it 
 has occurred, and the time when his term of office will 
 expire. 
 
 SEC. 21. The county clerk shall give notice in writ 
 ing of each general or special election, in which shall be 
 stated the time when it will be held, and the officers then 
 to be elected, by causing the same to be published in a 
 newspaper having general circulation in the county, and 
 sending a copy of such notice by mail to the judges of 
 election in each precinct, to be posted at the place of vot 
 ing at least fifteen days before such time. 
 
 SEC. 22. County commissioners of the several coun 
 ties in this State are hereby required to divide their res 
 pective counties into as many election precincts for all 
 general and special elections as they may deem expedient 
 for the convenience of voters of said county, and shall 
 designate the house or place in each precinct or ward at 
 which elections are to be holden, and the precincts and 
 places of holding elections thus established shall so remain 
 until changed by the board of commissioners; Provided, 
 that the board of county commissioners shall establish at 
 least one election precinct for every five hundred registered 
 voters, as shown by the registry list of the respective 
 counties at the last general election, and shall every year, 
 
if necessary, increase the nQmber of election precincts as 
 the number of registered voters shall be increased on said 
 registry list, so that at least one election precinct for every 
 three hundred registered voters may be constituted ; And 
 provided, That it shall be the duty of the county commis 
 sioners at any time to change any place of holding elec 
 tions upon a petition of a majority of the voters residing 
 within said precinct ; And provided further, That the 
 precincts and wards established and the places designated 
 in which to hold elections at the time of the taking effect of 
 this act shall so remain until changed; And provided further, 
 That no new precincts shall be established or polling places 
 changed at a later date than thirty days previous to any 
 election. 
 
 SEC. 23. The said boards of county commissioners res 
 pectively, at the July session of such board, shall appoint 
 three capable and discreet persons, representing at least 
 two political parties, if practicable, possessing the qualifica 
 tion of electors, to act as judges of the election in each 
 election precinct, at all general and special elections, until 
 their successors are appointed; and the clerk of said board 
 shall make out and deliver, by mail or other safe convey 
 ance, without expense to the county, to each one of the 
 judges so appointed, a notice in writing of their appoint 
 ment, 
 
 SEC. 24. The county commissioners of each county 
 shall provide a ballot box at the expense of the county 
 for each place of voting, which box shall be made of 
 glass, to be kept by the county clerk and recorder of 
 each county and by them delivered over to their successors 
 in office. Each of said ballot boxes shall be circular in 
 form, with a small opening in the top thereof, and enclosed 
 in a square wooden frame with a lid to be fastened by three 
 locks, no two of which can be opened by the same key : 
 one of said keys shall be kept by each of the judges of the 
 election last appointed, to be by them delivered to their 
 successors in office. Should either of said judges die or 
 remove from their precinct, meantime, the key held by him 
 shall be surrendered to the county clerk and recorder, to 
 be by him kept and delivered to the successor of such 
 judge of election. The said ballot boxes shall be by the 
 clerk and recorder of the respective counties delivered to 
 
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 the judges of election within three days immediately pre 
 ceding any general or special election, to be by him used 
 and returned as hereinafter provided. 
 
 SEC. 25. The said judges of election shall choose two 
 persons having similar qualifications with themselves to act 
 as clerks of the election; and the said clerks of election 
 may continue to act as such during the pleasure of the 
 judges of the election. 
 
 SEC. 26. If any person appointed to act as a judge 
 of the election as aforesaid shall neglect or refuse to be 
 sworn or affirmed, or to act in such capacity, the place of 
 such person shall be filled by the votes of such qualified 
 voters residing within the precinct as may then be present 
 at the place of election, and the person or persons so 
 elected to fill such vacancy or vacancies shall be and are 
 hereby vested with the same power as if appointed by the 
 board of county commissioners. 
 
 SEC. 27. Previous to any votes being taken the 
 judges and clerks of the election shall severally take an 
 oath or affirmation in the following form, to-wit : " I, A. 
 B., do solemnly swear (or affirm) that I will perform the 
 duties of judge (or clerk, as the case may be) according to 
 law, and the best of my ability ; that I will studiously 
 endeavor to prevent fraud, deceit and abuse in conducting 
 the same, and that I will not try to ascertain, nor will I 
 disclose, how any elector voted, if, in the discharge of my 
 duties as judge (or clerk, as the case may be) knowledge 
 shall come to me as to how any elector shall have voted, 
 unless called upon to disclose the same before some court 
 of justice. 
 
 SEC. 28. In case there shall be no judge, justice of 
 the peace, or other person qualified bylaw to administer an 
 oath, present at the opening of the election, to administer 
 the oath mentioned in the preceding section, it shall be 
 lawful for the judges of the election, and they are hereby 
 empowered to administer the oaths or affirmations to each 
 other, and to the clerks of the election, and the person 
 administering such oaths or affirmations shall cause an 
 entry thereof to be made and subscribed by him, and pre 
 fixed to the poll books. 
 
10 
 
 SEC. 29. Whenever it shall become impossible or 
 inconvenient to hold an election at the place designated 
 therefor the judges of election, after having assembled at 
 or as near as practicable to such place, and before receiving 
 any vote, may adjourn to the nearest convenient place for 
 holding the election and at such adjourned place forthwith 
 proceed with the election. 
 
 SEC. 30. Upon adjourning any election, as provided 
 in the preceding section, the judges shall cause proclama 
 tion thereof to be made, and shall station a constable or 
 some other proper person at the place where the adjourn 
 ment was made from to notify all elector [electors] arriving 
 at such place of adjournment and the place to which it was 
 made. 
 
 SEC. 31. At all elections held under this act, the 
 polls shall be opened at seven o'clock in the morning, and 
 continue open until seven o'clock in the evening of the 
 same day; Provided, however, That if a full board of judges 
 shall not attend at the hour of seven o'clock in the morn 
 ing, and it shall be necessary for the electors present to 
 appoint judges to conduct the election as hereinbefore pre 
 scribed, the election may, in that event, commence at any 
 hour before the time for closing the polls shall arrive, as the 
 case may require. Upon the opening of the polls, procla 
 mation shall be made by one of the clerks, and thirty 
 minutes before the closing of the polls proclamation shall 
 be made in like manner that the polls will close in thirty 
 minutes. 
 
 SEC. 32. Every elector shall vote by ballot, which 
 shall be numbered in the order in which it shall be received, 
 and the number recorded by the election officers on the 
 list of voters opposite the name of the voter who presents 
 the ballot. Each person offering to vote shall deliver his 
 ballot to one of the judges in the presence of the board. 
 The ballot shall be a paper ticket, which shall contain, 
 written or printed, or partly written and partly printed, the 
 names of the persons for whom the elector intends to 
 vote, and shall designate the office to which each person so 
 named by him is intended to be voted for. 
 
11 
 
 SEC. 33. The names of all persons voted for by any 
 elector, at any general or special election, shall be on one 
 ballot. 
 
 SEC. 34. If any elector shall vote more than once, or 
 having voted once, shall offer to vote again at any election, 
 or shall offer to deposit in the ballot box at any election 
 more than one ballot, he shall be deemed guilty of a misde 
 meanor, and on conviction thereof shall be fined not exceed 
 ing one hundred dollars or imprisoned in the county jail 
 not exceeding sixty days. 
 
 SEC. 35. Each elector shall in full view deliver to one 
 of the judges of election a single ballot. 
 
 SEC. 36. The judge to whom any ticket may be 
 delivered, shall, upon the receipt thereof, pronounce in an 
 audible voice the name of the elector, and if no objection 
 shall be made to him, and the judges are satisfied that he is 
 a legal elector and is duly registered, the ballot shall be 
 numbered and immediately be put in the ballot box without 
 inspecting the names written or printed thereon, and the 
 clerks of the election shall enter the name of the elector 
 and number in the poll books. 
 
 SEC. 37. The judges of election, in determining the 
 residence of a person offering to vote, shall be governed by 
 the following rules, so far as they may be applicable : 
 
 First That place shall be considered and held to be 
 the residence of a person in which his habitation is fixed, 
 and to which, whenever he is absent, he has the intention 
 of returning. 
 
 Second A person shall not be considered or held to 
 have lost his residence, who shall leave his home and go 
 into another State, territory or county of this State, for 
 temporary purposes merely, with an intention of returning. , 
 
 Third A person shall not be considered or held to 
 have gained a residence in this State, or in any county in 
 this State, when retaining his home or domicile elsewhere. 
 
 Fourth If a person remove to any other State, or to 
 any of the territories, with the intention of making it his 
 permanent residence, he shall be considered and held to 
 have lost his residence in this State. 
 
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 Fifth If a person remove from one county, precinct 
 or ward in this State to any other count) , precinct or ward 
 in this State, with the intention of making it his permanent 
 residence, he shall be considered and held to have lost his 
 residence in the county, precinct or ward from which he 
 removed. 
 
 SEC. 38. If a person offering to vote* be challenged as 
 unqualified, by one of the judges of election, or by any 
 elector, one of the judges shall tender to him the following 
 oath or affirmation : " You do solemnly swear (or affirm) 
 that you will fully and truly answer all such questions as 
 shall be put to you touching your place of residence and 
 qualification of an elector at this election." 
 
 First If the person be challenged as unqualified, on the 
 ground that he is not a citizen, and will not exhibit his 
 papers pertaining to his naturalization, the judges, or one 
 of them, shall put the following questions : First Are you 
 a citizen of the United States ? Second Are you a native 
 or naturalized citizen ; and, if neither, have you declared 
 your intention to become a citizen, conformably to the laws 
 of the United States, on the subject of naturalization, at 
 least four months previous to to-day ? Third Have you 
 become a citizen of the United States by reason of the 
 naturalization of your parents, or one of them ? Fourth 
 Where were your parents, or one of them, naturalized ? 
 If the person offering to vote claims to be a naturalized 
 citizen of the United States, or that he has four months 
 previous to the election declared his intention to become 
 such, he shall state, under oath, where and in what courts 
 he was naturalized. 
 
 Secortd If the person be challenged as unqualified, 
 on the ground that he has not resided in this State for six 
 months immediately preceding the election, the judges, or 
 one of them, shall put the following questions ; First 
 Have you resided in this State for six months immediately 
 preceding this election, and during that time have you 
 retained a home or domicile elsewhere ? Second Have 
 you been absent from this State within the six months 
 immediately preceding this election ? Third If so, when 
 you left, was it for a temporary purpose, with the design of 
 returning, or did you intend remaining away ? Fourth 
 
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 Did you, while absent, look upon and regard this State as 
 your home? Fifth Did you, while absent, vote in any 
 State or territory ? 
 
 Third If the person be challenged on the ground 
 that he has not resided in the county thirty [90] days or in 
 the precinct or ward ten days, one of the judges shall 
 question him as to his residence in the county, precinct or 
 ward in a manner similar to the before-mentioned method 
 of questioning a person as to his residence in this State. 
 
 Fourth If the person be challenged as unqualified on 
 the ground that he is not twenty-one years of age, the 
 judges, or one of them, shall put the following question: 
 Are you twenty-one years of age, to the best of your 
 knowledge and belief? The judges of the election, or one 
 of them, shall put all such other questions to the person 
 challenged under the respective heads aforesaid as may be 
 necessary to test his qualifications as an elector at that 
 election. 
 
 SEC. 39. If the person challenged as aforesaid shall 
 refuse to answer fully any question which shall be put to 
 him as aforesaid, the judges shall reject his vote. 
 
 SEC. 40. If the challenge be not withdrawn after the 
 person offering to vote shall have answered the questions 
 put to him as aforesaid, one of the judges shall tender to 
 him the following oath : " You do solemnly swear (or 
 affirm) that you are a citizen of the United States (or 
 declared your intention of becoming such at least four 
 months previous to this election), of the age of twenty-one 
 years ; that you have been a resident of this State for six 
 months next preceding this election, and have not retained 
 a home or domicile elsewhere ; that you have been for the 
 last thirty [90] days, and now are, a resident of this county ; 
 that you have been for the last ten days, and now are, a 
 resident of this precinct (or ward, as the case may be), and 
 that you have not voted at this election." 
 
 SEC. 41. If any person shall refuse to take the oath 
 or affirmation so tendered his vote shall be rejected : Pro 
 vided, That after such oath shall have been taken the judges 
 may nevertheless refuse to permit such person to vote if 
 they shall be satisfied that he is not a legal voter. 
 
14 
 
 SEC. 42. Whenever any person's vote shall be received, 
 after having taken the oath or affirmation prescribed in sec 
 tion forty (40)' of this act, it shall be the duty of the clerks 
 of the election to write on the poll books at the end of the 
 person's name, " sworn." 
 
 SEC. 43. It shall be the duty of any judgt of election 
 to challenge any person offering to vote whom he shall 
 believe not to be qualified as an elector. 
 
 SEC. 44. It shall be the duty of the judges of election, 
 immediately before proclamation is made of the opening of 
 the polls, to open the ballot box in the presence of the peo 
 ple there assembled and turn it upside down so as to empty 
 it of everything that may be in it, and then lock it securely ; 
 and it shall not be reopened until for the purpose of count 
 ing the ballots therein at the close of the election. 
 
 SEC. 45. For the preservation of order as well as the 
 securing of the judges and clerks of the election from insult 
 and abuse it shall be the duty of any constable or consta 
 bles residing within the precinct, who shall be designated 
 for the purpose by the judges of the election to attend to 
 all elections within his precinct, and the judges of election 
 are hereby authorized and empowered to appoint one or 
 more special constables to assist in preserving order during 
 the elections and until the votes are canvassed. 
 
 SEC. 46. Constables or special constables appointed 
 or requested by the judges of election to preserve peace at 
 the polls, shall each receive two dollars and a half per day 
 for their services, payable out of the county treasury. 
 
 SEC. 47. Each clerk of the election shall keep a poll 
 list which shall contain one column headed, " Names of 
 voters/' and one column headed, " Number on ballot." The 
 name and the number on the ballot of each elector voting 
 shall be entered by each clerk in regular succession under 
 the said headings in his poll list. 
 
 SEC. 48. The polls at any election shall not be closed, 
 after once being opened, until they are finally closed in the 
 evening. 
 
 SEC. 49. As soon as the polls at any election shall 
 have finally closed, the judges shall immediately open 
 
the ballot-box and proa ed to count the votes polled, and 
 the counting thereof shall be commenced and continued 
 until finished before the judges and clerks shall adjourn. 
 They shall first count the number of ballots in the box. 
 If the ballots shall be found to exceed the number of 
 names entered on each of the poll lists, the numbers upon 
 the ballots shall be examined without opening the ballots, 
 and if it be found that those in excess of the total number 
 on the poll list be not numbered, they shall be destroyed. 
 If it be found that there is more than one ballot having the 
 same number, the ballots having the same numbers shall 
 be replaced in the box and shaken up, and one of the 
 judges shall publicly draw out and destroy all but one of 
 said ballots. When the ballots and the poll lists agree, or 
 as above provided, have been made to agree, the board shall 
 proceed to count the votes ; each ballot shall be read and 
 counted separately, and every name on each ballot shall be 
 read and marked upon the tally lists before another ballot 
 is proceeded with, and the entire number of ballots shall be 
 read and counted and placed upon the tally lists in like 
 manner, and when all of the ballots have been counted as 
 herein provided the board shall estimate and publish the 
 votes. The judges of election shall permit each candidate 
 or their friends, not exceeding two in number, upon the 
 written request of such candidate, to be present while the 
 ballots are being received and counted. 
 
 SEC. 50. As the judges of election shall open and 
 read the tickets, each clerk shall, upon tally lists prepared 
 for the purpose, carefully mark down the votes each can 
 didate shall have received in separate lines, with the name 
 of such candidate at the end of the line, and the office 
 it is designed by the voters such candidate shall fill ; but 
 if on such canvassing two or more tickets shall be found 
 deceitfully folded together such tickets shall be rejected. 
 
 SEC. 51. As soon as all the votes shall have been 
 read off and counted, the judges of election shall make out 
 a certificate under their hands, and attested by the clerks, 
 stating the number of votes each candidate received, desig 
 nating the office for which such person received such vote 
 or votes, and the number he did receive, the number being 
 expressed in words at full length, and in numerical figures, 
 such entry to be made, as nearly as circumstances will 
 
16 
 
 admit, in the following form, to-wit : At an election held 
 
 at the house of , in precinct or ward, in the 
 
 county of and State of Colorado, on the day 
 
 O f in the year of our Lord one thousand eight hun 
 dred and , the following-named persons received the 
 
 number of votes annexed to their respective names for the 
 following described offices, to wit: Whole number of 
 
 votes cast were . A. B. had seventy-two (72) votes 
 
 for governor ; C. D. had seventy-one (71) votes for governor ; 
 E. F. had seventy-two (72) votes for lieutenant-governor; 
 G. H. had sixty-nine (69) votes for lieutenant-governor ; J. 
 K. had sixty-eight (68) votes for representative in congress ; 
 L. M. had seventy (70) votes for representative in congress ; 
 N. O. had seventy-two (72) votes for representative ; P. Q. 
 had seventy-one (71) votes for representative; R. S. had 
 eighty-four (84) votes for sheriff; T. W. had sixty (60) votes 
 for sheriff; and in the same manner for any other persons 
 voted for. 
 
 Certified by us : 
 
 Judges 
 
 of 
 
 Election. 
 Attest : 
 
 G. H. \ Clerks of 
 
 I. J. j Election. 
 
 And the said certificate, together with one of the lists 
 of voters, and one of the tally papers, shall then be enclosed 
 and sealed up, under cover, and directed to the clerk of the 
 county in which such election is held, and the packet 
 thus sealed shall be sent by registered letter where prac 
 ticable, otherwise it shall be conveyed by one of the 
 judges or clerks of the election, to be determined by 
 lot if they cannot agree otherwise, within six days of the 
 closing of the polls. And if any judge or clerk of an 
 election, after having been deputed by the judges of elec 
 tion, at which he served as judge or clerk, to carry the 
 poll book of such election to the clerk of the county, shall 
 fail or neglect to deliver such poll book to the said clerk, 
 within the time prescribed by law, safe, with the seal un 
 broken, he'shall for every offense forfeit and pay the sum of 
 five hundred dollars, for the use of the county, to be 
 recovered in the name of the commissioners of the county. 
 
17 
 
 by an action of debt in any court of competent jurisdic 
 tion ; Provided, That informality in the delivering of the 
 poll books as directed in this section shall not invalidate 
 the vote of any precinct when said poll books shall have 
 been delivered previous to the canvassing of the votes of 
 such election by the county board of canvassers. When 
 all the votes shall have been read and counted, the ballots, 
 together with one of the tally lists, shall be returned to 
 the ballot box and the opening in the glass part thereof 
 shall be carefully sealed and each of the judges shall place 
 his private mark on said seal, the wooden cover shall then 
 be locked, and each of the judges shall preserve one of the 
 keys thereof as herein provided. This box shall then be 
 delivered by one of the clerks of the election who is of 
 the opposite political party from the judge or clerk chosen 
 to take charge of and deliver the certificate and tally list, 
 which clerk shall at once and with all convenient speed 
 take said box to the office of the county clerk and recorder 
 and safely deliver it to such officer, taking his delivery 
 receipt therefor. 
 
 SEC. 52. If any judge or the judges of any election 
 shall wilfully and maliciously refuse to receive the ballot of 
 any qualified elector, who shall take or offer to take the 
 oath prescribed by this act, in such case every judge so 
 refusing or neglecting to receive the vote or ballot, when 
 the same shall be presented, shall be liable to be indicted, 
 and on conviction thereof shall be fined five hundred dol 
 lars, and imprisoned not exceeding thirty days ; and for 
 every refusal or neglect to receive such vote, the party 
 aggrieved may have an action on the case against the said 
 judge or judges; the damages in such case shall not exceed 
 the sum of five hundred dollars. 
 
 SEC. 53. On the tenth day after the close of the 
 election, or sooner, if all the returns be received, the clerk of 
 the county, taking to his assistance two justices of the peace 
 of his county, one at least of whom shall belong to a dif 
 ferent political party than himself, if any such there be in 
 the county, shall proceed to open the said returns, and 
 make abstracts of the votes in the following manner: The 
 abstract of votes for electors for president and vice-presi 
 dent of the United States shall be on one sheet, and the 
 abstract of votes for representative in congress shall be 
 
18 
 i 
 
 on another sheet, and the abstract of votes for regents of 
 the university shall be on another sheet, and the [abstract 
 of] votes for officers of the executive department shall be on 
 another sheet, and the abstract of votes for senators shall 
 be on another sheet, and the abstract of votes for represen 
 tatives shall be on another sheet, and the abstract of votes 
 for judges of the supreme court shall be on another sheet, 
 and the abstract of votes for judges of the district court 
 and district attorneys shall be on another sheet, and the 
 abstract of votes for county and precinct officers shall be on 
 another sheet ; and it shall be the duty of the said clerk of 
 the county immediately to make out a certificate of election 
 to each of the persons having the highest number of votes 
 for county and precinct officers, respectively, and cause 
 such certificate to be delivered to the person entitled to it. 
 If any two or more persons have an equal number of votes 
 for the same county or precinct office, and a higher number 
 than any other person, the county clerk and his assistants 
 aforesaid shall immediately determine -by lot which of the 
 two candidates shall be elected. 
 
 SEC. 54. The clerk of the county, immediately after 
 making out abstracts of votes given in his county, shall 
 make a copy of such abstract and deliver or transmit the 
 same in a registered package by mail to the office of the 
 secretary of State ; the original abstracts he shall file and 
 record in a book in his office to be kept for that purpose. 
 He shall also certify to the abstracts and copies, and affix 
 thereto the county seal, and the said clerk shall respectively 
 endorse on the back of the envelope in which the said cer 
 tified copies are enclosed, " Certified copy of the abstract of 
 votes cast for governor, etc., members of the general assem 
 bly, etc., (as the case may be) cast at the regular election in 
 c'ounty, , 1 8 ." 
 
 SEC. 55. Whenever it shall so happen that the county 
 clerk shall die, be absent, or from any casualty be prevented 
 from opening the returns of votes at any election, it shall 
 be lawful for his deputy to discharge the duties required of 
 such clerk by law ; which deputy shall be appointed by the 
 majority of county commissioners when said clerk has 
 failed to appoint a deputy. 
 
 SEC. 56. The abstract of votes cast in each county 
 for the officers of the executive department shall be sealed 
 
19 
 
 up by the county clerks of said counties, and delivered or 
 transmitted in a registered package by mail to the secretary 
 of State, directed to the speaker of the house of represen 
 tatives. Upon the organization of the house the secretary 
 of State shall deliver to the speaker of the house all of the 
 returns for officers of the executive department that he 
 shail have received, and upon the receipt of the same by 
 the speaker of the house of representatives he shall, before 
 proceeding to other business, open and publish the same in 
 the presence of a majority of the members of both houses 
 of the general assembly, who shall for that purpose assem 
 ble in the hall of the house of representatives. The person 
 having the highest number of votes for either of said offices 
 shall be declared duly elected by the presiding officer of the 
 joint assembly, but if two or more have an equal and the 
 highest number of votes for the same office, one of them 
 shall be chosen thereto by the two houses on joint ballot. 
 
 SEC. 57. The governor, secretary of State, auditor of 
 State, treasurer of State and attorney-general, or any three 
 of them, shall constitute the board of State canvassers, and 
 shall canvass the abstracts of votes cast in the different 
 counties of the State for electors of president and vice- 
 president, for representative in congress, for regents of the 
 university, for judges of the supreme and district courts, 
 for district attorneys, and for senators and representatives. 
 
 SEC. 58. If from any county no such abstract of votes 
 shall have been received within the twenty-five days next 
 after any election, by the secretary of State, he shall dis 
 patch a special messenger to obtain a copy "of the same 
 from the county clerk of such county, and such county 
 clerk shall immediately on demand of such messenger 
 make out and deliver to him the copy required, which copy 
 of the abstract of votes the messenger shall deliver to the 
 secretary of State without delay. The said messenger shall 
 receive as compensation for his services three dollars per 
 day, and fifteen cents for each mile traveled in going to and 
 returning from the county seat of said county, by the usual 
 route, to be paid out of the State treasury. 
 
 SEC. 59. For the purpose of canvassing the result of 
 elections, the State board of canvassers shall meet at the 
 office of the secretary of State at ten o'clock of the forenoon 
 
20 
 
 of the twenty-fifth day after any election for any of the 
 officers mentioned in section fifty three (53) of this act, if 
 it be not on Sunday ; if it be on Sunday, then they shall 
 meet on the twenty-sixth day, when they shall, if the 
 returns from all the counties of the State be in the posses 
 sion of the secretary of State, proceed to canvass the votes. 
 If the returns are not all in they shall adjourn from time' to 
 time, as they deem proper, to wait the receipt of all returns ; 
 Provided, however, That on the last Wednesday of Decem 
 ber next after the election, they shall canvass the votes, 
 whether all the returns be received or not ; And also pro 
 vided, That on the year upon which there is elected electors 
 of president and vice-president, the State board of can 
 vassers shall meet at the secretary of State's office on the 
 last secular day of November, in the year of the election, 
 and proceed to canvass the votes cast for said electors. 
 
 SEC. 60. The State board of canvassers, when met in 
 accordance with the law, and a quorum (three) being 
 present, shall proceed to examine and make statement of 
 the whole number of votes given at any such election for 
 all of the officers mentioned in section fifty-three (53) of 
 this act that shall have been voted for in said election ; 
 which statements shall show the names of the persons to 
 whom such votes shall have been given for either of said 
 offices, and the whole number given to each, distinguishing 
 the several districts and counties in which they were given ; 
 they shall certify such statements to be correct and sub 
 scribe their names thereto, and they shall thereupon deter 
 mine what persons have been by the greatest number of 
 votes duly elected to such offices, or either of them, and 
 shall endorse and subscribe on such statements a certificate 
 of their determination and deliver them to the secretary of 
 State. 
 
 SEC. 6 1. If any two or more persons have an equal 
 and the highest number of votes for member of either 
 house of the general assembly, for judge of the supreme or 
 district courts, for district attorney, or for regent of the 
 university, or electors of president and vice-president, the 
 State canvassers shall proceed to determine by lot which of 
 the candidates shall be declared elected: Reasonable notice 
 shall be given to such candidates of the time when such 
 election will be so determined. 
 
21 
 
 SEC. 62. The secretary of State shall record in his 
 office in a book to be kept by him for that purpose each 
 certified statement and determination, as made by the board 
 of State canvassers, and shall without delay make out and 
 transmit to each of the persons thereby declared to be 
 elected, a certificate of his election, certified by him under 
 his seal of office ; and he shall also forthwith cause a copy 
 of such certified statement and determination to be pub 
 lished in a newspaper published at the seat of government. 
 
 SEC. 63. Upon the day fixed by law for the assem 
 bling of the general assembly the secretary of State shall 
 lay before each house a list of the members elected thereto, 
 with the districts they represent, in accordance with the 
 returns in his office. 
 
 SEC. 64. The secretary of State shall prepare lists of 
 the names of the electors of president and vice-president of 
 the United States, elected at any election, procure thereto 
 the signature of the governor, affix the seal of the State to 
 the same, and deliver one of such certificates thus signed 
 to each of said electors, on or before the first Wednesday 
 in December next after such election. 
 
 SEC. 65. The electors of president and vice-president 
 of the United States shall convene at the capital of the 
 State, on the first Wednesday vof December, next after their 
 election, at the hour of twelve o'clock at noon of that day ; 
 and if there shall be any vacancy in the office of electors, 
 occasioned by death, refusal to act, neglect to attend, or 
 other cause, the elector or electors present shall imme- 
 diatel} proceed to fill such vacancy in the electoral college ; 
 and when the vacancies shall have been filled as above pro 
 vided they shall proceed to perform the duties required of 
 such electors by the constitution and laws of the United 
 States, and vote for president and vice-president by open 
 ballot. 
 
 SEC. 66. Every elector of this State for the election 
 of president and vice-president of the United States, here 
 after elected, who shall attend and give his vote for those 
 officers at the time and place appointed by law, shall be 
 entitled to receive the sum of five dollars per day for each 
 day's attendance at such election, and fifteen cents per mile 
 for each mile he shall travel in going to and returning from 
 
22 
 
 the place where the electors shall meet, by the most usual 
 traveled route, to be paid out of the general contingent fund, 
 and the auditor of State shall audit the amount and draw 
 his warrant for the same. There shall be an election held 
 in this State for the election of such electors at the times 
 appointed by any law of congress or the constitution of the 
 United States for such election, and when such election 
 shall be special the same shall be called, held, and the votes 
 polled, canvassed in all respects as at a general election, 
 and the duties of the electors so elected shall be the same 
 as prescribed by law for electors elected at a general 
 election. 
 
 SEC. 67. Whenever the judges of election in any pre 
 cinct or ward discover in the canvassing of votes that the 
 name of, any candidate voted for be misspelled, or the 
 initial letters of his Christian name or names be transposed 
 or omitted in part or altogether on the ballot, the vote or 
 votes for such candidates shall be counted for him if the 
 intention of the elector to vote for him be apparent ; and 
 whenever the board of county canvassers or of State can 
 vassers, or the speaker of the house of representatives, 
 when authorized by law to canvass votes or returns, shall 
 find the returns from any precinct, ward, county or district 
 (as the case may be) do not strictly conform to the require 
 ments of law in the making, certifying- and returning the 
 same, the votes polled in such precinct, ward, county or dis 
 trict shall, nevertheless, be canvassed and counted, if such 
 returns shall be sufficiently explicit to enable such boards, 
 or any person or persons authorized to canvass votes and 
 returns, to determine therefrom how many votes were 
 polled for the several persons who were candidates and 
 voted for at the election of which the votes are being 
 canvassed. 
 
 SEC. 68. If upon proceeding to canvass the votes it 
 shall clearly appear to the canvassers that in any statement 
 produced to them certain matters are omitted in such 
 statement which should have been inserted, or that any 
 mistakes which are clerical merely, exist, they shall cause 
 the said statement to be sent by one of their number (whom 
 they shall depute for that purpose) to the precinct or ward 
 judges, or to the county board of canvassers (as the case 
 may be) from whom they were received, to have the .same 
 
23 
 
 corrected, and the judges of election or county clerk (as 
 the case may be) when so demanded, shall make such cor 
 rection as the facts of the case require, but shall not change 
 or alter any decision before made by them, but shall only 
 cause their canvass to be correctly stated ; and the canvass 
 ing board may adjourn from day to day for the purpose of 
 obtaining and receiving such statement ; Provided always^ 
 That they shall not delay counting past the day provided 
 by law for the completion of the canvass. 
 
 SEC. 69. Judges and clerks of election shall each 
 receive as compensation for their services two and a half 
 dollars per day of twelve hours or fractional part thereof of 
 over four hours, and it shall be the duty of the clerk of 
 each county, on the receipt of the election returns of any 
 general or special election, to make out his certificate stat 
 ing therein the compensation to which the judges and 
 clerks of such election may be entitled for their services 
 and lay the same before the board of county commissioners 
 at their next meeting ; and the said board shall order the 
 compensation aforesaid to be paid out of the county treasury. 
 
 SEC. 70. It shall be the duty of the secretary of State 
 to make out a complete form of poll books, tally lists, and 
 all the forms required by this act, to be used by judges of 
 election and the county clerks, and to send printed copies 
 thereof to the county clerk of each county, and he shall 
 cause to be printed in pamphlet form such parts of this act 
 as are necessary for the guidance of the judges of election 
 in the discharge of their duties, and to send printed copies 
 thereof to the county clerk of each county, for him to dis 
 tribute to the judges in each precinct or ward. 
 
 SEC. 71. No saloon or other place at which intoxi 
 cating liquors are sold shall be open during the day of any 
 general or special election in this State. Any saloon-keeper 
 or other person who shall sell, barter or give away any 
 intoxicating liquors during the day of any general or 
 special election, before the polls are closed on such day, 
 shall for each and every offense, be liable to pay a fine of 
 fifty dollars, or be imprisoned twenty days, or both, at the 
 discretion of the court in which the case may be tried. 
 
 SEC. 72. The proper ballots, when not required to be 
 taken from the ballot box for the purpose of election 
 
24 * 
 
 contests, shall remain in the ballot box in the custody of 
 the county clerk and recorder until the next election, when, 
 before opening the polls, the ballot box shall be opened 
 in the presence of the judges, and the ballots destroyed by 
 fire ; Provided, That if the ballot boxes be needed for a 
 special election before the legal time for commencing any 
 proceedings in the way of contests shall have elapsed, or 
 in case such judges at the time of holding of such special 
 election, have knowledge of the pendency of any contest 
 in which the ballots would be needed, the said judges shall 
 preserve the ballots in some secure manner, and provide 
 for their being so kept that no one can ascertain how any 
 elector may have voted. 
 
 SEC. 73. Any person who shall falsely personate any 
 voter, and vote under the name of such voter, shall, upon 
 conviction, be punished by confinement and hard labor in 
 the State penitentiary not exceeding three years. 
 
 SEC. 74. If any elector, challenged as unqualified, 
 shall be guilty of wilful and corrupt false swearing or 
 affirmation by any oath or affirmation prescrioed by this 
 act, such person shall be adjudged guilty of wilful and 
 corrupt perjury. 
 
 SEC. 75. Every person who shall wilfully and cor 
 ruptly procure any person to swear or affirm falsely as 
 aforesaid shall be adjudged guilty of subornation of perjury, 
 and shall, upon conviction thereof, suffer the punishment 
 provided by law in cases of wilful and corrupt perjury. 
 
 SEC. 76. If any officer on whom any duty is enjoined 
 by this act shall be guilty of any wilful neglect of such 
 duty, or of any corrupt conduct in the execution of the 
 same, and be thereof convicted, he shall be deemed guilty 
 of a misdemeanor, punishable by fine or imprisonment, the 
 fine in no case to exceed the sum of five hundred dollars, 
 nor the imprisonment the term of one year. 
 
 SEC. 77. In case any judge of election shall know 
 ingly and wilfully permit any person to vote at any election 
 who is not entitled to vote thereat, the said judge so offend 
 ing shall, on conviction thereof, be adjudged guilty of a 
 misdemeanor, and shall be sentenced to pay a fine not 
 exceeding five hundred dollars or be imprisoned in the 
 county jail not exceeding six months. 
 
25 
 
 SEC. 78. If any person shall, by bribery, menace, or 
 other corrupt means or device whatsoever, either directly 
 or indirectly, attempt to influence any voter of this State, 
 in giving his vote or ballot, or deter him from giving the 
 same, or disturb or hinder him in the free exercise of the 
 right of suffrage at any election in this State, or shall 
 fraudulently or deceitfully change or alter a ballot or cause 
 any other deceit to be practiced with intent fraudulently to 
 induce such elector to deposit the same as his vote, and 
 thereby have the same thrown out and not counted, every 
 person so offending against the provisions of this act shall 
 be deemed guilty of a misdemeanor, punishable by fine not 
 exceeding two hundred and fifty dollars or by imprison 
 ment not exceeding six months. 
 
 SEC. 79. Any person who, at any general or special 
 election, or any city or charter election, shall knowjngly 
 vote or offer to vote in any election precinct or ward in 
 which he does not reside, shall, on conviction, be adjudged 
 guilty of a misdemeanor, and punishable by fine not exceed 
 ing two hundred dollars, or by imprisonment not exceeding 
 six months. 
 
 SEC. 80. If any elector shall accept or receive from 
 any person whomsoever any money or other valuable thing 
 for and in consideration of his voting for or against any 
 person or persons who are candidates at any election in 
 this State, he shall be deemed guilty of a misdemeanor, and 
 punishable by a fine not exceeding two hundred dollars, or 
 by imprisonment not exceeding six months. 
 
 SEC. 8 1. If any person shall mutilate or erase any 
 name, figure or word in a poll book, taken or kept at any 
 election; or if any person shall take away such poll book 
 from the place where it has been deposited for safe keeping 
 with an intention to destroy the same, or to procure or pre 
 vent the election of any person; or if any person shall des 
 troy any poll book so taken and kept at any election, he 
 or she shall be deemed guilty of a misdemeanor, and on 
 conviction shall be fined not exceeding five hundred dollars 
 or imprisoned not exceeding sixty days in the county jail. 
 
 SEC. 82. Any qualified elector may institute proceed 
 ings to contest the election of any person to the office of 
 supreme, district or county judge. The supreme court 
 
 4e 
 
26 
 
 shall have original jurisdiction for the adjudication of such 
 contests, and shall prescribe rules for practice and proceed 
 ings therein. 
 
 SEC. 83. Any candidate or elector being desirous of 
 contesting the election of any person declared elected 
 governor, lieutenant-governor, secretary of -State, auditor of 
 State, treasurer of State, attorney-general, superintendent of 
 public instruction, or regent of the university, shall, between 
 the sixth and tenth days of the first session of the general 
 assembly, after the day of election, file a notice of such 
 intention with the secretary of the senate, specifying the 
 particular points on which he means to rely. 
 
 SEC. 84. Upon any such notice being filed, as afore 
 said, the general assembly shall, by resolution, determine 
 on what day they will meet in joint convention to take 
 action in any such contest, and thereupon a certified copy 
 of the notice, filed by any contestor, shall be served upon 
 the person whose election is sought to be contested, or by 
 leaving a copy thereof at his last or usual place of residence, 
 by such person as shall, by resolution, be appointed, with a 
 notice that he is required to attend the joint convention, 
 on the day so fixed, to answer the contest. 
 
 SEC. 85. On the hearing of any contested election for 
 any of the offices named in section eighty-three of this act, 
 the parties to such contest may introduce written testimony 
 to be taken in manner later prescribed by the joint conven 
 tion ; but no depositions shall be read on such hearing 
 unless the opposite party shall have had reasonable notice 
 of the time and place of taking the same. 
 
 SEC. 86. In conducting any contested election for 
 offices named in section eighty-three of this act, the follow 
 ing rules shall be observed, to-wit : 
 
 First On the day and at the hour appointed for that 
 purpose, the general assembly, with its proper officers, shall 
 convene in joint convention. 
 
 Second The president of the senate shall preside, but 
 when he is the contestee, the president pro tern, of the senate 
 shall preside. 
 
27 - 
 
 Third The parties to the contest shall then be called 
 by the secretary of the senate, and if they answer, their 
 appearance shall be recorded. 
 
 Fourth The contestor shall first introduce his testi 
 mony, and then the contestee shall introduce his, and after 
 the testimony is gone through on both sides, the contestor 
 may, by himself or by his counsel, open the argument, and 
 the contestee may then proceed, by himself or his counsel, 
 to make his defense, and the contestor be heard in reply. 
 
 Fifth After the arguments are thus gone through by 
 the parties,* any member of the joint convention shall be at 
 liberty to offer his reasons for the vote he intends to give ; 
 Provided, That the convention may limit the time of 
 argument and debate. 
 
 Sixth The secretary of the senate shall keep a regu 
 lar journal of the proceedings. The manner of taking the 
 decision shall be by a call of the members, and a majority 
 of all the votes given shall decide. 
 
 SEC. 87. The election of any person declared duly 
 elected as a senator or member of the house of representa 
 tives, may be contested by any qualified voter of the county 
 or district to be represented by such senator or repre 
 sentative. 
 
 SEC. 88. The contestor shall, within ten days after 
 the canvass of the vote, serve on the contestee a statement, 
 as hereinafter required, in relation to county officers, except 
 the list of illegal votes, with a notice of taking depositions, 
 if any are to be taken to be used at the trial. 
 
 SEC. 89. Any county judge or justice of the peace of 
 a county in the district where the contest arises may issue 
 subpoenas in the above cases, and shall have power to com 
 pel the attendance of witnesses, and depositions may be' 
 taken under the rules for taking depositions in the district 
 courts. 
 
 SEC. 90. Copy of the statement and of the notices for 
 taking depositions, with the service endorsed and verified 
 by affidavit, if not served by an officer, shall be returned to 
 the officer taking the deposition, and with the depositions 
 shall be sealed up and transmitted by mail or by the hands 
 
28 
 i 
 
 of a sworn officer to the secretary of State, with an endorse 
 ment thereon, showing the nature of the papers, the names 
 of the contesting parties, and the branch of the general 
 assembly before which the contest is to be tried. 
 
 SEC. 91. The Secretary of State shall deliver the 
 same, unopened, to the presiding officer of the house in 
 which the contest is to be tried, on or before the fifth day 
 of the session of the general assembly, and the presiding 
 officer shall immediately give notice that such papers are 
 in his possession. 
 
 SEC. 92. Nothing herein contained shall be construed 
 to abridge the right of either branch of the general assem 
 bly to extend the time to take depositions, or to send for 
 and examine any witness it may desire to hear on such 
 trial. 
 
 SEC. 93. The election of any person declared duly 
 elected to any county office, except the office of county 
 judge, may be contested by any elector of the county. 
 
 First For mal-conduct, fraud or corruption on the 
 part of the judges of election in any precinct or ward, or 
 any of the boards of canvassers, or on the part of any 
 member of these boards. 
 
 Second When the contestee is not eligible to the 
 office to which he has been declared elected. 
 
 Third When illegal votes have been received, or legal 
 votes rejected at the polls, sufficient to change the result. 
 
 Fourth For any error or mistake in any of the boards 
 of judges or canvassers, in counting or in declaring the 
 result of the election, if the error or mistake would affect 
 the result. 
 
 Fifth For any other cause (though not enumerated 
 above) which shows that another was the legally elected 
 person. 
 
 SEC. 94. The matter contained in the first, third and 
 fourth causes of contest shall not be held sufficient to set 
 aside the election, unless such causes be found sufficient to 
 change the result. 
 
29 
 
 SEC. 95. The judges before whom contested elections 
 of county officers, except county judges, shall be tried and 
 determined, shall be the county judge of the county in 
 which the contest arises, and two disinterested justices of 
 the peace of the same county; said justices to belong to 
 different political parties when practicable, and to be selected 
 by the county judge. Said judges shall sit together at the 
 trial, and a judgment in which a any two of them agree shall 
 be a judgment in the case. 
 
 SEC. 96. The county clerk shall act as clerk at trials 
 before said judges, and the proceedings therein shall be 
 recorded in the records of the county court, the same as in 
 any case in said county court, and if the county clerk is a 
 party to any trial the said judges in such case shall appoint 
 another person to act as their clerk. The contestor shall 
 file in the office of the county clerk, within twenty days 
 after the day when the votes are canvassed, a written 
 statement of his intention to contest the election, setting 
 forth the name of the contestor, and that he is an elector of 
 the county; the name of the contestee; the office contested; 
 the time of the election; and the particular causes of con 
 test; which statement shall be verified by the affidavit of 
 the contestor or some elector of the county, that the causes 
 set forth are true as he verily believes. But before the 
 county judge is required to take jurisdiction on the contest, 
 the contestor must file with the judge or attorney a bond 
 with security to be approved by said judge or attorney, and 
 conditioned to pay all costs in case the election is confirmed, 
 or the statement be dismissed, or the prosecution fails. 
 
 SEC. 97. When the reception of illegal or the rejec 
 tion of legal votes is alleged as a cause of the contest, the 
 number of persons who so voted or whose votes were 
 rejected, and the precinct or ward where they voted or 
 offered to vote shall be set forth in the statement. 
 
 SEC. 98. The county judge shall fix a day for the 
 trial to commence not more than thirty nor less than twenty 
 days after the notice of contest is filed, and shall thereupon 
 forthwith issue notice to the contestee, which shall contain 
 the time and place of trial, the name of contestant, and a 
 brief statement of the causes of contest, which notice shall 
 be served upon the contestee, by copy, by the sheriff of the 
 
30 
 
 county, at least fifteen days before the day of trial. The 
 testimony may be oral, or by depositions taken before any 
 justice of the peace or other officer authorized to take depo 
 sitions, upon four days' notice. 
 
 SEC. 99. The style and form of process, the officers 
 by whom served, and the manner of service of process and 
 papers, and the fees of officers and witnesses, shall be the 
 same as in the county court, so far as the nature of the 
 case admits. The command to a witness may be to appear 
 
 at on , to testify in relation to a contested 
 
 election wherein A ft- is contestor and C 
 
 D contestee. 
 
 SEC. 100. The trial of contested elections shall take 
 place at the county seat, unless adjourned to some other 
 place within the county, by the concurrence of the court 
 and the parties ; and this court shall have all the powers 
 incident to a court of record which may be necessary to 
 the right hearing, conduct and determination of the matter 
 before it. 
 
 SEC. 101. The court may direct the attendance of the 
 sheriff or a constable when necessary. 
 
 SEC. 1 02. It shall be lawful to require any person 
 called as a witness, who voted at such election, to an answer 
 touching his qualifications as a voter; and if he was not a 
 qualified voter in the precinct or ward in which he voted, 
 and if the witness answers such questions, no part of his 
 testimony shall be used against him in any criminal action, 
 except for perjury in giving such testimony. 
 
 SEC. 103. If upon the trial of any contested election, 
 for any officer mentioned in this act, it be proven that a 
 vote or votes that were illegal were cast in any precinct or 
 ward, the general assembly, senate, house of representa 
 tives, or the trial judges provided for in this act (as the case 
 may be), shall have power, if such illegal vote or votes be 
 'sufficient to change the result, to send to the precinct or 
 ward where such illegal voting was done, and obtain of 
 their custodians the poll book and ballot box used at such 
 election, and when so obtained, shall have the power to 
 take out of the ballot box the ballots bearing the number 
 corresponding to the number opposite the name on the poll 
 
31 
 
 book of the persons who have thus been proven to have 
 voted illegally. The ballot or ballots so taken from the 
 ballot box shall be examined, and if it be found that any or 
 all of them bear the name of the contestee, they shall, or 
 so many of them as do bear his name, be deducted from 
 his vote, and the determination shall be in accordance with 
 the result after such deduction shall have been made; Pro 
 vided, That if it be found that illegal votes were cast for 
 another person, they shall be deducted from such person's 
 vote. 
 
 SEC. 104. The court shall pronounce judgment 
 whether the contestee or any other person was duly elected, 
 and the person so declared elected will be entitled to the 
 office upon qualification. If the judgment be against the 
 contestee, and he has received his certificate, the judgment 
 annuls it. If the court finds that no person was duly 
 elected, the judgment shall be that the election be set aside. 
 
 SBC. 105. The said judges shall be entitled to receive 
 five dollars each per day for the time occupied by the trial, 
 to be paid out of the county treasury. 
 
 SEC. 1 06. The contestor shall be liable to the officers 
 and witnesses for all the costs made in the case, but if the 
 judgment be against the contestee, or the election be set 
 aside, the contestor shall have judgment in the amount of 
 the costs against the contestee, to be recovered in like 
 manner as upon executions issued out of the county court. 
 
 SEC. 107. Execution for costs shall be issued from 
 the county court in election contest cases, in the same 
 manner and with like effect as in any case pending or deterr 
 mined in the county court. 
 
 SEC. 108. After final judgment in any contested elec 
 tion case, the county judge shall ha've the same authority 
 to enforce any order made at such trial, and the judgment 
 therein, as in any case tried in the county court. 
 
 SEC. 109. Contested election of town and precinct 
 officers shall be tried before the county board of canvassers 
 in the same manner as is provided by law for contesting 
 elections of county officers, so far as the same is practicable. 
 
32 
 
 SEC. no. The judges of elections in the several 
 wards and election precincts shall meet on Tuesday, three 
 weeks before the day upon which any general election shall 
 by law be appointed to be held, at nine o'clock a. m. of 
 said day, and proceed to make a registry list, as herein 
 after prescribed, of the names of all persons qualified and 
 entitled to vote at the ensuing election in the ward or pre 
 cinct in which they are judges, which list, when completed 
 and revised as hereinafter provided, shall constitute the 
 registry of electors of said precinct. Whenever at the last 
 election in any precinct, prior to the meeting of such board 
 of registry, the number of votes cast in such precinct shall 
 have exceeded three hundred, the said board may continue 
 in session for*the purpose of making such registry, five 
 days if necessary; when the number of votes cast in such 
 precinct shall have exceeded one hundred, the said board 
 may continue in session, for the purpose of making such 
 registry, three days if necessary, otherwise but one day. 
 
 SEC. in. The list so made shall contain the fiames 
 of the qualified electors of the ward or voting precinct in 
 which the same is made, alphabetically arranged, according 
 to surnames, so as to show in one column the names of 
 each elector at full length, and in another the place of his 
 residence, designated by the number or name of street, and 
 number of house, if known, or the section or other sub 
 division thereof, according to United States surveys, on 
 which such elector shall reside, if he reside on surveyed 
 lands, and if not, such description as will best locate his 
 residence. Said board shall enter on said list the names of 
 all legally qualified electors in such ward or precinct, or of 
 those who will become such by lapse of time, on or before 
 the next ensuing day of such general election, as aforesaid, 
 in all cases in which such entry can be made consistent 
 with the provisions hereinafter contained. For the con 
 venience of the said board they are authorized to take from 
 the office of the county clerk the poll list of such ward or 
 precinct, filed by the judges of the last preceding election 
 in such precinct. Said beard shall make four copies of 
 such registry list when revised and completed, which list 
 they shall certify to be correct, and forward one copy to the 
 office of the county clerk, and retain two copies for use on 
 election day ; and one copy they shall, within two days from 
 
33 
 
 the completion thereof, post in some conspicuous place 
 where the last election was held in such precinct, and so as 
 to be accessible and convenient to any elector who may 
 desire to inspect the same. The board of county commis 
 sioners may cause to be printed and published any such 
 registry list when completed, at an expense not exceeding 
 two cents per name thereon. 
 
 SEC. 1 1 2. Every board of registry shall meet on the 
 Tuesday of the week preceding any and every general elec 
 tion, at the place designated for holding such election, for 
 the purpose of revising, correcting and completing such 
 registry list, and in all cases they shall meet at nine o'clock 
 a. m. and remain in session until six o'clock of said day. 
 Said boards of registry shall meet at the place designated 
 for holding such election, on the day preceding the election, 
 at nine o'clock a. m., and remain in session until six o'clock 
 p. m. of the same day, at which time any elector whose 
 name is not on the revised registry list may have his name 
 placed thereon ; Provided, He shall take and subscribe to 
 the oath prescribed in section forty of this act, and shall 
 prove by the oath of two registered electors of the precinct 
 (or ward) that such person has been a resident of the pre 
 cinct ten days, of the county thirty days, and of the State 
 six months next preceding the day of election, and that 
 they verily believe him to be a qualified elector. Said oaths 
 shall be taken and subscribed to in the presence of the 
 board of registry, either of whom may administer the oath; 
 and said oaths shall be preserved and filed in the office 
 of the county clerk, together with the poll lists of said elec 
 tion. The name of such person and his residence, as given 
 by him, shall be entered upon the registry list, and opposite 
 the name of such person shall be marked the word "affi 
 davit" and the names of the witnesses. 
 
 SEC. 113. No vote shall be received at any election 
 unless the name of the person offering to vote shall be 
 found on the said certified registry list. 
 
 SEC. 114. In cases of vacancy in the office of judge 
 of election, or in the board of registry, at any time when 
 they meet according to law, the vacancy may be filled 
 by the election, by the qualified electors then present, of a 
 
 5e 
 
34 
 
 . 
 
 qualified elector to serve as a member of such board of 
 registry until the appearance of a judge of election duly 
 appointed in arid for such ward or precinct. 
 
 SEC. 115. Every judge of elections or other person 
 serving on such board of registry shall, before entering 
 upon the duties of his office, take an oath, to be adminis 
 tered by any justice of the peace or other officer present 
 having power to administer oaths, faithfully to discharge 
 the duties of registrar according to law and to the best of 
 his skill and ability. If no such officer shall be present the 
 oath may be administered by one judge or registrar to 
 another. 
 
 SEC. 116. The members of said board of registry 
 shall' receive tlie same compensation as allowed by law to 
 judges of elections, for every day actually employed in the 
 making and completing of the registry. 
 
 SEC. 117. It shall be the duty of the secretary of 
 State to make out a complete form of a registry book, 
 alphabetically arranged, with the oath of the registrar in 
 blank, and the requisite blank columns properly headed, 
 and have 'the same printed, and to send copies thereof to 
 the county clerk of each county in the State, together with 
 a sufficient number of copies of the registry and election 
 laws bound in pamphlet form. 
 
 SEC. 1 1 8. It shall be the duty of the county clerk of 
 each county to furnish annually for the use of the board of 
 registry in each precinct or ward in his county, four printed 
 copies of said blank registries, and send them by mail or 
 other safe conveyance to the judges of elections in such 
 wards or precincts at least twenty (20) days prior to the 
 day of the first meeting of the board of registry as herein 
 provided. 
 
 SEC. 119. The persons appointed judges of election 
 in every incorporated town or city, hereafter, shall meet on 
 Tuesday of the week preceding each municipal election in 
 [the] town or city in which they are such judges, in the 
 several precincts, at the place of holding municipal elec 
 tions therein, for the purpose of revising, correcting and 
 completing the annual registry in this act required to be 
 made, and for that purpose they are authorized to take 
 
35 
 
 from the office of the county clerk the last annual registry 
 of electors of the wards or precincts, including the town or 
 city in which they are appointed judges. 
 
 SEC. 1 20. The last mentioned registrars shall, in all 
 respects, proceed in the revising and correcting of their 
 respective wards or precincts as is Iiereinbftfore provided 
 for in the revision and correcting of the annual registries, 
 except that the registry list, as so revised and corrected by 
 such city or town registrars, shall be filed with the city or 
 town clerk of the proper city or town. 
 
 SEC. 121. All registries taken from the county clerk's 
 office under the provisions of the last section, shall t>e 
 returned to the county clerk within ten (10) days after the 
 day of registry for which they may be taken out of the 
 same. 
 
 
 
 SEC. 122. The same proceedings shall be had in all 
 cases of special elections as are herein provided for general 
 elections, so far as the same may be applicable. 
 
 SEC. 123. All judges of election shall, on being 
 appointed, hold their office for one (i) year, or until their 
 successors are appointed, and shall serve at all special elec 
 tions during their term of office, and they shall severally 
 before entering upon their duties as judges at any election 
 take and subscribe the oath prescribed by law in such 
 cases. 
 
 SEC. 124. In case any new election precinct shall be 
 formed, the county commissioners shall immediately appoint 
 judges f of election therein: and in the case of the division 
 of any voting precinct, the names of all voters residing 
 in that part of any precinct stricken off shall be stricken 
 from the registry list in the voting precinct from which 
 such part shall have been stricken, and shall be inserted in 
 the registry lists of the precinct to which such part may 
 have been^attached, at the first registration of voters' names 
 in each such precinct respectively. 
 
 SEC. 125. That hereafter the judges of elections, 
 when acting as a board of registry in cases provided by 
 law, shall not, in any case, allow the name of any person to 
 
36 
 
 be placed on the list of registered voters, called the registry 
 of elections, in any ward or voting precinct in this State, 
 unless in the following cases: 
 
 First- ^-When the person whose name is to be regis 
 tered, and also the facts of his legal qualification as a voter 
 in the ward, township or precinct in which such registry is 
 made, shall be known to one or more of the persons acting 
 as such board of registry, and the judge or person so acting 
 on such board of registry to whom such voter and his legal 
 qualifications are known shall sign his name on the regis 
 try roll or list opposite the name of such voter, and the 
 judge or person acting as member of such board of registry 
 so signing his name opposite the name of such voter, shall 
 be deemed and held to have vouched under oath that such 
 person so registered is a legal voter within the ward, town 
 ship or precinct in which such registry is made; and such 
 judge or person acting on sucn board qf registry who 
 shall sign his own name as aforesaid shall be subject 
 to the same liability in all respects as a person making 
 affidavit under the provisions of the next following clause 
 of this section. 
 
 Secondly When a legal voter being registered in such 
 ward, township or precinct, and known as such by one or 
 more of such judges or person acting on such board of 
 registry, or proven to be such by affidavit of some known 
 legal voter, registered in such ward, township or precinct, 
 in similar form to that herein following, shall make affi 
 davit in substance as follows: 
 
 I, , do solemnly swear, in the presence of the 
 
 ever-living God, that I am a resident and a legal voter in 
 
 ward (precinct), in the county ot , State of 
 
 Colorado, and that I well know , who aims to 
 
 be registered as a legal voter in said ward (precinct), 
 
 and I know that he has resided in the State of Colorado 
 
 during six months, in county thirty days last past, 
 
 and has resided in said ward during ten days last past, and 
 still resides therein, and his place o.f residence is at No. 
 
 street, (on of section No. ,) in said ward 
 
 (precinct), and I believe him to be of lawful age. 
 
 The blanks therein filled with the proper names, dates, 
 places and numbers, as the case may require, and such 
 
37 
 
 affidavit shall show that the person so offering to vote is or 
 will be by the day of election next ensuing in all respects a 
 legal voter in such ward or precinct. 
 
 SEC. 126. Every judge of election, or person acting 
 'as such on any board of registry, who shall wilfully set his 
 name on the registry roll opposite the name of any voter 
 registered on such list, knowing him to be not legally 
 entitled to be registered upon such list, shall be deemed 
 guilty of a misdemeanor, and upon conviction thereof shall 
 be punished by fine of not less than three hundred (300) 
 dollars nor more than one thousand (1,000) dollars ; or be 
 imprisoned not less than thirty (30) days nor more than 
 ninety (90) days, or may be punished by both such fine and 
 imprisonment. 
 
 SEC. 127. If any person shall make an affidavit, as 
 provided in section one hundred and twenty-six of this act, 
 for the purpose of causing the name of any person to be 
 registered in any ward or precinct in this State, and shall 
 in such affidavit state falsely the name of such person to be 
 registered, or the fact of his having resided in such precinct 
 or ward a sufficient length of time to entitle him to be so 
 registered, or the place of his actual habitation or residence, 
 or the fact of his age or of his residence within a sufficient 
 time to entitle him to be registered, the person so making 
 a false affidavit shall be deemed guilty of a wilful and 
 corrupt perjury, and on conviction shall be punished 
 
 accordingly. 
 
 * 
 
 SEC. 128. Every person who shall procure his own 
 name or the name of any other person to be registered on 
 the list of registered voters called the registry list, in any 
 ward or voting precinct in this State in which any election 
 is or may be by law authorized to be held, and in which 
 ward or precinct such person shall not be at the time of 
 such registry entitled to be registered in such ward or vot 
 ing precinct ; or if any person shall procure or attempt to 
 procure to be registered in any ward or voting precinct any 
 fictitious name as the name of any person entitled to be 
 registered in such ward or precinct, every person so pro 
 curing or attempting to procure such registry of the name 
 of any person not by law entitled to be registered, or any 
 fictitious name in manner aforesaid, shall be deemed guilty 
 
38 
 
 of a misdemeanor, and upon conviction thereof shall be 
 fined not less than two hundred (200) dollars, nor more 
 than five hundred (500) dollars, or be imprisoned not less 
 than ten (10) nor more than forty (40) days for, each and 
 every offense, or may be punished by both such fine and 
 imprisonment. 
 
 SEC. 129. The registry of voters' names shall be 
 completed on the evening next preceding each and every 
 election appointed by law to be held in each and every pre 
 cinct, and no names shall be added to the registry list in 
 any ward or precinct after the close of the registration on 
 the day preceding such election; and in case any judge of 
 election or person acting as member of any board of registry 
 shall wilfully and knowingly add any name or names of 
 any person, or any fictitious or false name to the list of 
 registered voters in any ward or voting precinct after the 
 close of the registry of voters' names, on the next day pre 
 ceding any election in such ward or voting precinct accord 
 ing to law, shall be deemed guilty of a misdemeanor, and 
 on conviction thereof shall be punished by a fine of not less 
 than two hundred (200) dollars, nor more than five hundred 
 (500) dollars for each and every offense. 
 
 SEC. 130. All fines or forfeitures collected under the 
 provisions of this act shall be paid to the county treasurer 
 of the county wherein, the offense was committed for the 
 benefit of the school fund of such county, 
 
 
 
 SEC. 131. That all acts and parts of acts enacted by 
 any territorial legislature relating to elections be and the 
 same are hereby repealed. 
 
 SEC. 132. All ballots shall be written on plain white 
 paper, or printed with black ink with a space of not less 
 than one-fifth of an inch between each name, on plain white 
 news printing paper, not more than two and one-half inches 
 nor less than two and three-eighths inches wide, without any 
 device or mark by which one ticket may be known or dis 
 tinguished from another, except the words at the head of 
 the tickets; and it shall be unlawful for any person to print 
 for distribution at the polls, or distribute to any elector or 
 voter, any ballot printed or written contrary to the provisions 
 
39 
 
 hereof, but this section shall not be considered to prohibit 
 the erasure, correction or insertion of any name by pencil 
 or with ink upon the face of the printed ballot. 
 
 SEC. 133. When a ballot with a certain designated 
 heading contains printed thereon in place of another a 
 name not found on the regular ballot having such heading, 
 such name shall be regarded by the judges as having been 
 placed thereon for the purpose of fraud, and such ballot 
 shall not be counted for the name so found. . 
 
 SEC. 134. If a ballot contains a greater number of 
 names for any one office than the number of persons 
 required to fill that office, it shall be considered fraudulent 
 as to all of the names designated to fill such office, but no 
 further. A ballot shall not be considered fraudulent if con 
 taining a less number of names than are authorized to be 
 inserted. 
 
 SEC. 135. That whenever an election shall be ordered 
 by the board of county commissioners of any county to 
 ascertain the sense of the legal voters of such county upon 
 the question of removal or location of the county seat of 
 such county, it shall be the duty of such board of county 
 commissioners to appoint special judges and registers of 
 such elections, and to provide s special ballot box in^each 
 voting precinct, in which shall be deposited all the ballots 
 cast at such election in such precinct on the question of 
 location or removal of the county seat. 
 
 SEC. 136. It shall be the duty of the judges and 
 registers so appointed to make a special registration of the 
 voters of each precinct who have resided in the county at 
 least six months and in such precinct at least ninety da> s 
 prior to the day designated fo/ holding such election, which 
 day shall be the day designated by law for holding a 
 general election, and no other. 
 
 SEC. 137. The election shall be held at the same 
 places at which the general election is ordered ! to be held, 
 but the vote for or against removal for location of the 
 county seat^shall be by a special ballot, separate and dis- 
 tinct^frornjthe general ^ticket voted at: said election, which 
 ballot shall be deposited in the special ballot box provided 
 
40 
 
 for in section 1st [one] of this act, and no vote shall be 
 counted for or against said removal or location which is 
 not deposited in such special ballot box as herein provided. 
 
 SEC. 138. No county seat shall be removed until the 
 expiration of thirty days after the canvass of the votes had 
 by the county canvassers upon the question of location or 
 removal, nor until the board of county commissioners of 
 such county shall have made and entered of record on their 
 journal an order directing such removal, which order the 
 said board shall make within thirty (30) days after the 
 county canvass is completed, unless enjoined or restrained 
 from so doing by an order of the district court of said 
 county or the judge thereof, or by the supreme court. 
 
 SEC. 139. All laws now in force relating to elections 
 shall apply to elections held upon the question of removal 
 or location of county seats, except that the question of 
 location of such county seat shall be contested in the dis 
 trict court of said county in the first instance, but may be 
 removed to the district court of any other county under the 
 provisions of the code relating to change of the place of 
 trial, and shall be also subject to appeal or writ of error to 
 the supreme court ; Provided, That not less than two-thirds 
 of all the legal votes cast shall be necessary to effect the 
 removal of the county seat of any county in this State. 
 
 SEC. 140. All laws governing contests of elections 
 shall be held applicable to contests of county seat elections 
 except that the board of coujnty commissioners of the county 
 shall in all cases be the contestee, and that the contest shall 
 be conducted in the district court of the proper county. 
 Such district court, or the judge thereof in vacation, may 
 appoint a referee to take testimony in relation to the 
 grounds of contest alleged by the contestor, which referee 
 may sit to take evidence in any precinct of his county. 
 
 SEC. 141. Any committee or body authorized by the 
 rules or customs of a voluntary political association or 
 organization to call primary elections of or for such associa 
 tion or organization, for any purpose, may, by resolution 
 adopted at the time of making the call, elect to have such 
 elections conducted in accordance with the provisions of 
 this act. 
 
41 
 
 SEC. 142. The resolution must declare: 
 
 First The time and place of holding the election and 
 the hours between which the polls are to be kept open; 
 Provided, however, That in precincts having more than one 
 hundred (100) voters the polls shall be opened not less 
 than five hours before sunset and continue open not less 
 than six hours; in precincts having less than one hundred 
 (looj voters the polls shall be opened three hours before 
 sunset, and be kept open not less than two hours. 
 
 Second The object of the election. 
 
 i 
 
 Third The names of three persons to act as judges 
 of the election at each precinct. 
 
 Fourth That such election will be held under the pro 
 visions of the primary election law. 
 
 Fifth The time and manner of the publication of 
 notice of such election. 
 
 Sixth The qualifications required for voters in addi 
 tion to those prescribed by law. 
 
 SEC. 143. The notice of the election must be signed 
 by the secretary of the committee or body, and must con 
 tain a copy of the resolution and be published as directed 
 in the resolution; but not less than one week's notice 
 shall be given. 
 
 SEC. 144. The qualifications of voters at any primary 
 election held under this act shall be : 
 
 First Such qualifications as are prescribed by an act 
 entitled " an act to amend section I , of chapter 30, of the 
 general laws of Colorado, in relation to elections, and 
 repealing all laws inconsistent with this act," approved Feb 
 ruary 1 8th, 1 88 1. 
 
 Second Such additional qualifications as are required 
 by the resolution referred to in the previous sections of 
 this act; Provided, however, That in all cases where a person 
 offering to vote is challenged, he shall swear that he is a 
 member bona fide of the party holding such primary elec 
 tion before his vote shall be received. 
 
42 
 
 SEC. 145. All primary elections held under this act 
 shall be held and conducted in accordance with the rules 
 and under the penalties prescribed by chapter thirty of the 
 general laws of the State of Colorado, from and including 
 section twenty-five of said chapter to section fifty-two 
 thereof inclusive, except sections thirty-one, thirty-six and 
 fifty-one. 
 
 SEC. 146. The judge to whom any ticket may be 
 delivered shall upon the receipt thereof pronounce in an 
 audible voice the name of the voter, and if no objection be 
 made to him, and the judges are satisfied that he is a legal 
 and qualified voter at such primary election, the ballot shall 
 be numbered and immediately be put in the ballot box 
 without inspecting the name or names written or printed 
 thereon. And the clerks of election shall enter the name 
 of the voter and number in the poll books. 
 
 SEC. 147. In addition to the challenges allowed by 
 section thirty-eight of chapter thirty of the general laws any 
 person offering to vote at a primary election held under this 
 act may be challenged upon the grounds that he does not 
 possess the other qualifications prescribed by the resolution 
 of the committee or body referred to in sections one and 
 two of this act, and such challenge must be tried and deter 
 mined by the judges, who, to that end, may administer an 
 oath or affirmation to such person, and may ask him any 
 question tending to prove or disprove the challenge. 
 
 SEC. 148. None but persons who possess the qualifi 
 cations prescribed by the provisions of the said act, 
 approved February 18, 1881, and by the resolution referred 
 to in the previous sections of this act, shall vote or par 
 ticipate in any of the proceedings at such primary elections. 
 Any person not possessing such qualifications, who shall 
 vote or participate in any of the proceedings at such elec 
 tion, shall be guilty of a misdemeanor, and on conviction 
 thereof before a justice of the peace of the county^ in which 
 such offense was committed shall be punished by a fine not 
 less than fifty (50) dollars nor exceeding three hundred (300) 
 dollars, or by imprisonment not less than one month nor 
 exceeding three months, or by both such fine and imprison 
 ment. 
 
43 
 
 SEC. 149. As soon as all the votes cast at an election 
 held under this act shall have been read off and counted, 
 the judges of election shall make out a certificate under 
 their hands and attested by the clerks, stating the number 
 of votes each candidate received, and designating the office 
 or position for which such person received such vote or 
 votes, the number being expressed in words at full length 
 and- in numerical figures. The said certificate, together 
 with the ballots cast, and one of the lists of voters and one 
 of the tally lists, which shall be signed and attested in like 
 manner as the certificate, shall be enclosed and sealed up 
 under cover and delivered to the secretary signing the 
 notice of election, or in the event of the death or absence 
 from the county of such secretary, then to any member of 
 the committee or body calling said primary election. 
 
 SEC. 150. The judges of the primary election must 
 keep a copy of said certificate and one of the lists of voters 
 for twenty days after the election. 
 
 SEC. 151. The committee or body from which eman 
 ated the resolution calling the election shall, under such 
 rules as it may adopt, open and canvass the returns, and 
 issue certificates to persons chosen to fill offices or positions 
 by the voters at such election, designating the offices or 
 positions to which they have been elected or chosen. 
 
 SEC. 152. If any person shall, by bribery, menace, 
 threatening or other corrupt means or device whatsoever, 
 either directly or indirectly, attempt to influence any voter 
 in giving his vote at any primary election held under this 
 act, every person so offending shall, on conviction, be fined 
 not less than one hundred (100) dollars nor exceeding five 
 hundred (500) dollars, and shall be imprisoned not less 
 than three months nor exceeding twelve months in the 
 county jail. 
 
 SEC. 153. If any person offering to vote, and being 
 challenged as disqualified, shall be guilty of wilful and cor 
 rupt false swearing or affirmation by any oath or affirmation 
 prescribed by this act, or by the provisions of the sections 
 of chapter thirty of the general laws hereinbefore referred 
 to, or shall suborn any other person to swear or affirm as 
 aforesaid, such person shall be deemed guilty of perjury or 
 
44 
 
 subornation of perjury, as the case may be, and upon con 
 viction thereof shall be punished by confinement in the 
 penitentiary for a term not less than one year nor more 
 than fourteen years. 
 
 SEC. 154. If any judge or clerk of a primary election 
 held under this act, or any other officer upon whom a duty 
 is enjoined by this act, shall be guilty of any wilful neglect 
 of such duty, or of any corrupt conduct in the execution of 
 the same, and be thereof convicted, he shall be deemed 
 guilty of a misdemeanor, and punished by a fine not less 
 than one hnndred (100) dollars, nor exceeding five hundred 
 (500) dollars, or by imprisonment not less than three 
 months nor exceeding one year in the county jail, or by 
 both such fine and imprisonment 
 
I V