J K 3075 .fir /3QQ UC-NRLF GIFT OF 9 19U PRIMARY LAW Chapter 111 REGISTRATION AND ELECTION LAW Chapter 119 MISSISSIPPI CODE OF 19O6. - CHAPTER 136 Laws 1908 OPINION of ATTORNEY GENERAL -ON- "What Constitutes Qualified Elector." Prepared and Issued by Slate Board of Election Commissioners. HKDEMMAN BROS . PRINTERS. JACKSON. MISS. Opinion of Attorney General on "What Constitutes Qualified Elector MISSISSIPPI CODE 1906. CHAPTER III. PRIMARY ELECTIONS. 3697. Mode of nominating state, district, county and county dis- trict officers. All nominations for state, district, county and coun- ty district offices made by the different parties of this state, shall hereafter be made by primary elections. All primary elections shall be governed and regulated by the election laws of the state in force at the time the primary election is held, except as herein pro- vided. The county executive committee at such primaries shall discharge the functions imposed upon the county election commis- sioners, except as to revising the registration and poll books, and shall be subject to all the penalties to which county election com- missioners are subject. The primary election officers appointed by the executive committee of the party shall have the powers and perform the duties, where not otherwise provided, required of such officers in a general election, and any and every act or omission which by law is an offense win n cov.mi.ted in or about or in respect to such general elections, shall be an offense if committed in or about or in respect to a primary election; and the same shall be indictable and punishable in the same way as if the election was a general election for the election of state and county officers, except as specially modified or otherwise provided in this chapter. 3698 (3256-3257) Manner of selecting district executive commit- tees; representation on same; quorum. The county executive com- mittee shall consist of fifteen members, three to be selected from each supervisor's district. The executive committees of judicial and congressional districts shall be selected by each county in the manner to be provided by its executive committee; and all vacan- cies in such executive committees shall be filled by the executive committee of the county in which such vacancies occur. juacn county shall have representation on such district executive com- mittees in proportion to double its vote in the house of represen- tatives, having the same number of members of the executive com- mittee that it is entitled to votes in the state convention, as herein- after provided. The full vote to which each county is entitled shall be cast by its executive committeemen present, whether one or more. When executive committeemen, whether one or more from each county, are present from a sufficient number of counties to constitute a majority of the representative vote of the committee, it shall constitute a quorum for the transaction of business. Prox- ies from any county shall not be admissible unless all of the ex- ecutive committeemen are absent. In senatorial and flotorial dis- tricts, each county shall have equal representation as to such rep- resentatives. 3699. (3256-3257) State, district and county executive commit- tees; how chosen." The state executive committee shall consist of three members from each congressional district, to be chosen by the delegates from the different congressional districts, each dis- trict acting separately, and shall hold for four years and until their successors are chosen. A state convention shall be held by each political party in the state, in the year 1908, and every four years thereafter, to select a state executive committee, to appoint dele- gates to the national convention and to nominate presidential elec- tors. Each county shall be entitled in the state convention to a number of votes equal to double its representation in the house of representatives. The delegates are to be selected by county del- egate conventions, to be held in each county. Delegates shall be apportioned equally among the supervisors' districts of each county, or each precinct in the county shall be given representation in the county delegate convention in proportion to the votes cast at the preceding presidential election for its party candidates. The county executive committee shall designaate a date and the number of delegates to be elected, giving at least ten days' notice for the precinct elections, on which date the electors at such precinct shall meet at ten o'clock a. m. at the usual voting places, and by secret ballot elect delegates to represent such voting precincts in the county conventions. The delegate convention of each county shall choose a county executive committee, consisting of three members from each supervisor's district as above provided, who shall hold until the county convention convenes four years later, but a county executive committee can submit the choice of their successors to any primary e'ection held for other purposes, in which event the committee so chosen shall hold until next county convention as- sembles under the provisions of this section. Congressional, flo- torial. senatorial and all other district executive committees shall continue in office until after the returns are received and acted upon for the next succeeding congressional or district election, af- ter which their successors are to be appointed by the various county executive committees composing such districts. All the present executive committees now acting shall -continue until their suc- cessors are chosen, as herein provided. All vacancies in state and county executive committees shall be filled by such committees them- selves and from the district in which the vacancies occur. All other vacancies are to be filled by the new executive committeemen, appointed by the county executive committees of the counties which made the original appointments. Executive committees for con- gressional, judicial, senatorial and flotorial districts having none, may be appointed by the various executive committees of the coun- ties composing such districts. In any new county hereinafter created the members of the executive committee or committees for the county or counties from which the new county is taKeii wno are resident citizens of the new county at the time it is created shall constitute tho first executive committee for the new county until their successor? are selected in the manner provided by law, and they may fill any vacancy on the committee. 3700. Datos of primaries; what required to make nominations;, second primary in certain cases. The first primary shall not bg held earlier than the first day nor later than the tenth day of Au- gust, preceding any regular election, on a date to be fixed by the state executive committee; and the second primary shall be held three weeks after the first primary; but the first primary election for congressmen shall be held not earlier than the 20th day of August, and net later than the first day of September on a date to be fixed by the respective congressional executive committees; and, when necessary, a second primary shall be held three weeks later. Any candidate who receives the highest popular vote cast for the office which he seeks in the first primary shall thereby be- come the nominee of his party for such office; provided, also, it be a majority of all the votes cast for that office. If no candi- date receive such majority of popular votes in the first primary, then the two candidates who receive the highest popular vote foi such office shall have their names submitted as such candidates to a second primary, and the candidate who leads in such second primary shall be entitled to the nomination. When there is a tie in the first primary as to who receives the next highest vote, these two and the one receiving the highest vote, none having received a majority, shall go into the second primary, and whoever leads in such second primary shall be entitled to the nomination. 3701. Second primaries when two or more candidates for same office to he voted for. When two or more candidates for office of the same kind are to be voted for, if a second primary be necessary, then two candidates for each place to be filled by the second pri- mary shall be chosen from the candidates who led among those not nominated, for the nominations for such offices; provided, however, that there shall be no second primary, in any case, where any can- didate or candidates receive a majority of votes for such otflce. 3702. Commissioners to revise registration and poll hooks. On the third Monday of July prior to any regular election, and five days before any other election, the commissioners of election shall meet at the office of the registrar and carefully revise the regis- tration books and the poll books of the several election districts, and ahall erase therefrom the names of all persons erroneously thereoti, or who have died, removed or become disqualified as elec- tors foe any cause; and shall register the names of all persons who have duly applied to be registered, and have been illegally denied registration; and no name shall be permitted to remain on the poll books except such as are duly qualified to vote in the regular election. No person shall vote at such primary whose name is not on the poll book. At the meeting held under this section, the commissioners shall exercise all the functions authorized by sec- tions 4130 and 4142 of the code; and at the October meeting shall only attend to what has since occured in the way of disqualification or death of electors, or what was before overlooked. 3703. County poll hooks to be used; voters denied registration may vote. *The county poll books shall be used in primary elections, 6 and no person whose name does not appear upon the poll books shall be permitted to vote in a primary election; but if any person offering to vote in any primary election whose name does not appear upon the poll book shall make affidavit before one of the managers of election, in writing, that he is entitled to vote, or that he has been illegally denied registration, his vote may be prepared by him and handed to the proper election officer, who shall enclose the same in an envelope with the written affidavit of the voter and seal it and mark plainly upon it the name of the person offering to vote. And, in canvassing the returns of the election, the executive com- mittee shall examine the records and allow the ballot to be counted or not, as shall appear to be legal. 3704. Sample of ballot to be furnished. It shall be the duty of the state executive committee of each political party to furnish to each county executive committee a sample of the official ballot to be used in the primary, the general form of which shall be followed as nearly as practicable. In primary elections, in which state or district officers are voted for, the county executive /committee, three weeks before the date of the primary, shall give to the state and district executive committees the name and address of the county executive committeeman to whom remittances are to be made by state or district candidates, and the amount of such remittances. 3705. Executive committee to meet and canvass returns. The county executive committee shall meet on the first or second day after each primary election; shall receive and canvass the returns, which must be made within the time fixed by law for returns of general elections and declare the result, announce the name of the nominees for county and county district offices, and the names of those candidates to be submitted to the second primary. The vote for state and district offices shall be tabulated by precincts and certified to and returned to the respective executive committees having charge of district nominations and to the state executive committee those returns relating to state offices, such returns to be mailed by registered letter or any safe mode of transmission within thirty-six hours after the returns are canvassed and the re- sult ascertained. The state and district excutive committees shall meet a week from the day following the first primary election held for state and district offices, and shall proceed to canvass the re- turns, and to declare the result, and announce the names of those nominated for the different offices in the first primary, and the names of those candidates whose names are to be submitted to the second primary election. State and district executive committees shall also meet a week from the day on which the second primary election held and receive and canvass the returns for state and dis- trict offices, if any, voted on in such second primary. 3706. Equal representation on executive committee. The coun- ties composing senatorial and flotorial districts shall have equal representation on the executive committees for such districts, and may submit the nomination of senator or floater to the county alone entitled to the nominee. 3707. How precinct officers to be appointed; bow same selected; each candidate to be represented. The county executive committee shall meet two weeks to a day before the date of any primary elec- tion and appoint the managers for same; and in making such ap- pointments the managers shall be distributed, as far as practicable, between the supporters of the candidates for those offices about which there are the leading contests, and if there be doubt as to which are the leading contested ones, then among the supporters of the candidates competing for the highest offices. The refusal to make in good faith such distribution of precinct officers among the different competing candidates, when practicable, shall be a mis- demeanor, and punishable as such; provided, that such meeting may be held one week before any special election; provided, that if they fail to meet on the day named, further notice shall be given of the time and place of meeting. 3708. (3268) Clerks of election. The managers of election shall appoint two clerks, and the managers and clerks shall be sworn by some officer present, competent to administer oaths, or each may be sworn by one of the others, faithfully to perform their duties at the election according to law, and not to attempt to guide, aid, direct or influence any voter in the exercise of his right to vote, except as expressly hereinafter allowed. 3709. Blank returns, stationery, etc., to be furnished. The coun- ty executive committee shall furnish to the managers at each voting place a sufficient quantity of stationery for use in holding the election, and also blank forms to be used in making the returns of the election. The poll books prepared for the general election shall be used in the primary election. 3710. Ballots; how printed and what to contain. The county executive committee shall have printed all necessary ballots, for use in primary elections. The ballots shall contain the names of all the candidates to be voted for at such election, and there shall be left on each ballot one blank space under the title of each office for which a nominee is to be elected; and in the event of the death of any candidate whose name shall have been printed on the ballot, the name of the candidate duly substituted in the place of the deceased candidate may be written in such blank space by the voter. The arrangement of the names of the candidates, the order in which the titles to the various offices shall be printed, and the size, print and quality of the paper of the ballot is left to the descretion of the county executive committee. No ballot shall be used except those so printed. 3711. When printed ballots are lost or stolen. When for any cause the printed ballots prepared by the election commissioners have been lost or stolen, or for any cause the managers of the election fail to obtain the printed ballots, then the electors shall be permitted to write out their ballots, and the same shall be as legal as if they were printed, and shall be counted for the parties voted for. 3712. Ballot boxes. The ballot boxes provided by the regular commissioners of election in each county shall be used in primary elections, and the county executive committee shall distribute them to tbe election districts of the county before the time for opening the polls. If an adjournment shall take place after the polls are open and before all votes are counted, the ballot box shall be se- curely locked so as to prevent the admission into it or the taking cf anything from it during the time of adjournment; and the box shall be kept by one of the managers, and the key by another of tho commissioners, and the manager having the box shall carefully keep it, and neither undertake to open it himself or permit it to be done, or to permit any person to have access to it during the time of adjournment. The box shall not be removed from the polling building or place after the polls are open until the count is completed if as many as three electors qualified to vote at the election object. After each election, the ballot boxes, if those pro- vided by the regular commissioner of election shall be delivered, with the keys thereof, to the clerk of the circuit court of the coun- ty. 3713. Dates for holding primaries to fill vacancies. That nom- inations for candidates to fill vacancies in county or county dis- trict offices, shall be made upon dates to be fixed by the county executive committee for county or county district offices. The first and second primaries shall be held on the dates to be fixed by such executive committees, which committees shall also fix the dates when the returns are to be made of the results of such pri- maries. If there is not sufficient time, after the election is or- dered, for the holding of second primary to fill such vacancies, on account of the nearness of the election, from the date at which it is ordered, the executive committee having such nomination in charge, may submit the result to the first primary election, the nomination going to the candidate receiving the highest popular vpte. Such special primary election shall be conducted, as far as applicable, under the laws governing other primary elections. 3714. Candidates may agree to plurality election. If all the can- didates for election as nominees for legislative, county or any county district office shall sign a written agreement to that effect, and file it with the county executive committee, the candidate receiving the pluraliy of the votes cast shall be declared the nominee. 3715. Names of candidates to be furnished to the executive com- mittees. Fifteen days before any primary election the names of all candidates to be voted for in such election shall be furnished to the proper executive committee. Where there shall be but one candi- date the proper executive committee, when the time has expired within which the names of candidates shall be so furnished, shall declare such candidate the nominee. 3716. Candidates may be present at the polling places. Each candidate shall have the right, either in person or by representa- tive to be named by him, to be present at the polling place, and the managers shall provide him or his representative with a suitable position from which he or his representative may be able to care- fully inspect the manner in which the election is held. He or his representative shall be allowed to challenge the qualifications of any person offering to vote, and his challenge shall be considered and acced upon by the managers. 3717. Who are eligible to participate in primaries; person offering to vote may be challenged. [No person shall be eligible to partici- pate in any primary election unless he be qualified to vote in the election for which such nomination is to be made, intends to sup- port, the nominations in which he participates, has been in accord with the party holding such primary within the two preceding years, 9 and is not excluded from such primary by any regulation of the state executive committee of the party holding such primary. Any member of the party holding the primary, or any primary election officer, may challenge any person offering to vote, and cause him to answer, under oath, questions relating to his qualifications. Any election officer of the precinct may administer oath to such chal- lenged person; and false testimony given upon such inquiry shall be perjury and punishable as such; nor shall any elector be allowed to vote who has sold or offered to sell his vote or influence, di- rectly or indirectly, for the support or defeat of any candidate or m3i4ure voted on that year; nor any who that year has paid or offered to pay anything for another's vote or influence for or against any candidate or measure. 3718. Each political party to pay expenses of primaries; candi- dates to be assessed. Each political party shall defray all expenses incident to its primary elections, such expenses to be no charge on the state or county, but no political party shall pay out of any funds received wholly or in any part from its candidates anything for the personal services or time of its precinct officers or executive committees. The cost of printing ballots and transmitting ballot boxes and booths shall be fairly apportioned by the county executive committee, among all the candidates voted for in such primaries, county district candidates bearing their pro rata. The above ex- penses are the only expenses chargeable against candidates or ex- ecutive committees. No candidate for state or district offices shall be assessed more than are candidates for county offices. Within two weeks after the last primary, each county executive executive committee shall prepare and file with the circuit clerk of their re- spective counties an itemized acount, showing the expenses incurred in conducting such primary election and the amount received from each candidate, and shall refund to candidates each his pro rata of what remains, if anything, in excess of such expenditures; and fail- ure to perform any of the duties required by this section shall be a misdemeanor. 3719. Penalty for offering to sell vote or influence in primary elections. That it shall be unlawful for any person to sell or offer to sell his vote or influence, directly or indirectly, or to receive pay for his time or expense in canvassing to contribute to the success or defeat of any candidate or measure voted upon in the primary election; and it shall be likewise unlawful for any person to offer money or anything of value to any one for his vote or influence or for his services in canvassing for or against any candidate or measure voted upon in any primary election. Any one offending against this section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or im- prisoned not more than six months, or both. Penalty for being intoxicated and for providing or dispens- ing intoxicants. That if any person shall be found intoxicated in or about any polling place during any primary election, he shall be deemed guilty of a misdemanor, and upon conviction shall be fined not less than ten dollars nor more than one hundred dollars, or sentenced to imprisonment not more than ten days. It shall be the duty of every conservator of the peace to arrest any person guilty of this or any other offense against the primary laws, and to make 10 affidavit or have the same made and sent to the proper justice of the peace; and any person who shall dispense intoxicating liquors on any day for holding a primary election, or who shall treat any person to any intoxicating liquor, or shall place or cause to be placed any intoxicating liquor at any point where voters or other persons may have access to same upon such day, or who shall con- tribute to the purchase of or aid or assist in procuring any intoxi- cating liquors, which shall be used on such election day, shall be guilty of a misdemeanor and on conviction, shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or be confined in the county jail not more than three months, or be punished by both such fine and imprisonment, at the discretion of the court; and if any candidate for office who is to be voted for at such primary election, shall violate the pro- visions of this section, he shall, in addition to the above penalty, be disqualified from holding the office for which he is a candi- date. 3721. Names of candidates not to be placed on tickets. That the name of any candidate shall not be placed upon the official ballot in general or special elections, as a party nominee, who is not nom- inated, as herein provided, and the election of any party nominee who shall be nominated otherwise than as herein provided shall be void and he shall not be entitled to hold the office to which he may have been elected. No political party shall be entitled to recog- nition, as such, in the appointment of the county or precinct election officers, unless it has made its nominations as herein provided. 3722. Nominations for the office of United States senator. Nom- inations for the office of United States senator shall be made at the primary election held throughout the state, next preceding the meeting of the legislature at which a United States senator is to be elected. The names of the candidates for such nominations shall be placed upon the ballots prepared by the county executive com- mittee. 3723. Railroad commissioners; how nominated. Candidates for the office of railroad commissioner shall be voted for by districts, which shall be the same as those from which railroad commission- ers are required to be elected. 3724. Tabulated vote to be furnished secretary of state. The chairmen of the state and congressional executive committees re- spectively, shall transmit to the secretary of state, a tabulated statement of the party vote cast in each couny in each state and congressional district election, which statement shall be filed by the secretary of state and preserved among the records of his of- fice. 3725. When epidemics exist, etc. Whenever epidemics may exist in the state, the state executive committee shall have the power to fix different dates from those herein prescribed, upon which the first and second primary elections shall be held. 3726. Municipal primary elections; how held. Nominations for all municipal offices which are elective shall be made at a primary election to be held at a time to be fixed by the municipal executive committee, which shall have as many members as there are legisla- 11 tive officers of the municipality. A primary election for the pur- pose of electing nominees to municipal offices, and of electing mem- bers of the municipal executive committee, shall be held in the year in which a general election is held. If after any municipal pri- mary election a second primary election should be necessary, it shall be held not later than seven days from the first election. The names of all candidates shall be furnished the municipal executive committee at least thirty days before a primary election. The. provisions of this chapter shall govern all municipal primary elec- tions, as far as applicable, but the officers to revise and prepare the poll books and ballots and the managers of elections shall be ap- pointed by and the returns of the election shall be made to the mu- nicipal executive committee. Vacancies in the executive committee shall be filled by it; provided, that this section shall not apply to municipalities with less than fifteen hundred inhabitants. 37'?7. Free transportation, telegraph or telephone service unlaw- ful. No common carrier, telegraph company or telephone company shall give to any candidate, or to any member of any political com- mittee, or to any person to be used to aid or promote the success or defeat of any candidate for election to be the nominee of his po- litical party for any public office, free transportation or telegraph or telephone service, as the case may be, or any reduction thereof that is not made alike to all other persons. All persons required by the provisions of this chapter to make and file statements shall make oath that they have not received or made use of, directly or indirectly, in connection with any candidacy for nomination to any public offica, free transportation or telegraph or telephone ser- vice. 3728. Placards; posters; pamphlets, etc. Every placard, bill, poster, pamphlet or other printed matter, having reference to the prim AY y election, or to any candidate, shall bear upon the face thereof the name and the address of the author, and of the printer and publisher thereof, and failure to so provide shall be a misde- meanor. 3729. Candidates not to promise appointments. No person shall, in order to aid or promote his own election to be the nominee of his party for a public office, directly or indirectly, himself or through another person, promise to appoint, or promise to secure or assist in securing the appointmnt, nomination or election of another person to a public position or employment, or to a position of honor, trust or emolument, except that he may announce or define what is his choice or purpose in relation to an election in which he may be called on to take part if elected. 3730. Candidates not to make donations for certain purposes. No person shall, directly or indirectly, demand, solicit, ask or invite from any person, who is a candidate for nomination, from any po- litical party, for any office, a donation, or promise of donation, for any educational, charitable, religious or benevolent purpose, out- side of the county of his residence; nor shall any such candidate make or promise any such donation. Any person violating know- ingly the provisions of this section shall be guilty of a misde- meanor. 12 LAWS OF MISSISSIPPI 1908. CHAPTER NO. 136. S. B. No. 295. An act providing for method of contesting a primary election. How Primary election may be contested on charge of fraud SECTION I. Be it enacted by the Legislature of the State of Mis- sissippi, That a person desiring to contest the election of another person returned as the nominee of the party to any district, county or beat office, may, within twenty days after the primary election, file a petition with the secretary, or any member, of the county ex- ecutive committee in the county in which fraud is alleged to have been perpetrated, setting forth the grounds upon which the primary election is contested; and it shall be the duty of the excutive com- mittee to assemble by call of the chairman or three members of said committee, notice of which contest shall be served five days before said meeting, and after notifying all parties concerned, pro- ceed to investigate the allegations of fraud, and, by majority vote of members present, declare the true results of such primary. Chairman of state executive committee to issue his fiat to county chairman reciting charges, etc. SEC. 2. In State, congressional, judicial, senatorial and flotor- ial districts, upon complaint filed with the chairman of the respec- tive committees, by petition, reciting the allegations of fraud, and with the advice of two members of said committee, the chairman shall issue his fiat to the chairman of the county executive commit- tee, where fraud is alleged to have been committed, and in like manner as in county office, the committee shall investigate the complaint and return their findings to the chairman of the proper committee, which declare the candidate nominated, which the cor- rected returns show is entitled to the same. Committee empowered to subpoena witnesses. SEC. 3. For the proper enforcement of this act the committee has the power to subpoena and, if necessary, attach witnesses needed in said investigation. SEC. 4. That this Act shall take effect and be in force from and after its passage. Approved March 21, 1908. MISSISSIPPI CODE 1906. CHAPTER 119. REGISTRATION AND ELECTIONS. 4107. (3601) Board of election commissioners and registrar. There shall be a state board of election commissioners, to consist of the governor, the secretary of state, and the attorney-general, any two of whom may perform the duties required of the board; a board of election commissioners in each county, to consist of three discreet persons who are freeholders and electors in the county in 13 which they are to act, and who shall not all be of the same po- litical party, if such men of different political parties can be con- veniently had in the county; and a registrar in each county who shall be the clerk of the circuit court, unless he shall be shown to be an improper person, to register the names of the electors there- in. 4108. (3602) Appointment of county election commissioners. Two months before every general election of representatives in congress, and of electors of president and vice-president of the United States, the state board of election commissioners shall ap- point the commissioners of election for each coutny, who shall con- tinue in office for two years, unless removed, and until successors are appointed, one of whom shall be designated in his commission to have the official ballot printed and distributed. Each of the commissioners before acting, shall take and subscribe the oath of office prescribed by the constitution, and file the same in the of- fice of the clerk of the chancery court, there to remain. While engaged in their duties, the commissioners shall be conservators of the peace in the county, with all the duties and powers of such. 4109. (3603) Appointment of registrars (Acts 1900, ch. 75). The state board of election commissioners, on or before the fifteenth day of February succeeding each general election, shall appoint in the several counties registrars of elections, who shall hold office for four years and until their successors shall be duly qualified.. And the registrar is empowered to appoint a deputy registrar, with the consent of the board of election commissioners, who may discharge the duties of the registrar. 4110. (3604) Election districts. Each county shall be divided into election districts, which shall be the same as those for the election of members of the board of supervisors, or a subdivision thereof; and there shall be only one voting place in each election district, but the election districts and voting places as now fixed in each county shall remain until altered. 4111. (3605) When districts changed, books to be conformed. The board of supervisors shall have the power to alter the boun- daries of the election districts; and if they order a change in the boundaries, they shall notify the commissioners of election, who shall at once cause the registration books of election districts af- fected thereby to be so changed as to conform to the change of dis- tricts, and to contain only the names of the qualified electors in the election districts as made by the change of boundaries. The commissioners of election, under previous statutes, alone had power to change the election districts, and the change of the boundaries of the supervi- sor's district did not alter the election district. Perkina y. Caraway, 59 Miss., 222. 4112. (3606) Boards of supervisors to define districts: The board of supervisors shall cause an entry to be made on the min- utes of the board at some meeting, as early as convenient, defin- ing by metes and bounds the several election districts in the coun- ty, and designating the voting place in each district; and as soon as practicable after any alteration shall have been made in any election district, or any voting place changed, shall cause such al- teration or change to be entered on the minutes of the board in such manner as to be easily understood; but no alteration of any elec- tion district shall be made within six months before an election to be held in the district. 14 4113. (3607) Form of registration books. The registration books are to be in the following form: They shall have printed at the top of the pages the oath prescribed by section two hundred and forty-two of the constitution, and beneath shall be ruled appro- priate columns, the headings of which shall be printed respectively as follows, viz.: Date of registration; names of electors; age; color; occupation; where business carried on; if employed, by whom; place of residence in the district; what oath does elector take? if more than one person of same name in district, by what appellation does elector wish to be called? does the elector read, or does he understand when read to him or give a reasonable in- terpretation? signature of elector; remarks. In the column head- ed "what oath does the elector take?" the registrar shall write the word "general," if the elector take the general oath prescribed, the word "minister's" if he take the oath as modified by the paren- thetical sentence therein, and the words "special as to age," if the elector will, as provided in section two hundred and fifty-one of the constitution, become of age before the election next after he proposes to register; and in the column headed, "does the elector read?" etc., if he do read, the word "reads" shall be entereu, ana if he do not read, but understands the constitution when read to him, or gives a reasonable interpretation thereof when read to him, the word "understands" shall be entered. 4114. (3608) Form of poll book. The poll book of each election district shall have printed or written at the top of each page words to designate the election district for which it is to be used, and shall be ruled in appropriate columns, with printed or written head- ings as follows: Date of registration; name of electors; age; color; and a number of blank columns for the dates of elections. All who register within four months before any regular election shall be entered on the poll books immediately after such exaction, and not before, so that the poll books will show only the names of those qualified to vote at such election. When election com- missioners determine that any elector is disqualified from voting, by reason of being delinquent for poll tax, removal from the pre- cinct, or other cause, that fact shall be noted on the registration book and his name shall be erased from the poll book. After dis- qualification for delinquency has been removed in subsequent years, the name of such elector shall be reinstated on the poll book with- out re-registration, and that fact shall be noted in the registration book. 4115. (3609) Poll books; how used at elections. At each elec- tion the managers shall cause one of the clerks to write the word "voted," in the column having at its head the date of the election, opposite the name of each elector as he votes. 4116. (3610) Registrar to keep registration and pool boo*s. * The registration books of the several election districts of each coun- ty and the poll books heretofore in use shall be delivered to the registrar of the county, and they, together with the registration books and poll books hereafter made, shall be records of his office, and he shall carefully preserve the same as such; and after each election the poll books shall be speedily returned to the office of the registrar. 4117. (3611) Registrar to register voters. The registrar shall register on the registration book of the election district of the resi- 15 dence of such person any one appearing before him, and being, upon exaamination, by him adjudged entitled to be registered as an elec- tor, upon such person taking and subscribing the oath required by section two hundred and forty-two of the constitution; but persons who may be entitled to register under the provisions of section two hundred and fifty-one of the constitution, who would be otherwise disqualified by reason of age, may take the oath as modified by that circumstance, and the subscription of the oath shall be by the elector writing his name or making his mark in the proper column in the registration book. 4118. (3612) No person to vote who has not paid taxes (Laws 1894, ch. 51). A person shall not be entitled to vote at any elec- tion who has not been duly registered four months before offering to vote, and who has not paid all taxes which have been legally required of him, and which he has had an opportunity of paying according to law, for the two preceding years, on or before the first day of February of the year in which he offers to vote. 4119. (3613) Person not to register unless he can read, etc. A person shall not be registered unless he be able to read any section of the constitution, or, in case he cannot read, unless he be able to understand any section thereof when read to him, or to give a rea- sonable interpretation thereof. 4120. (3614) Person convicted of certain crimes not to be reg- istered. JA person who has been convicted of bribery, burglary, theft, arson, obtaining money or goods under false pretenses, per- jury, forgery, embezzlement, or bigamy, shall not be registered, or if registred, the name of such person shall be erased from the regis- tration book on which it may be found by the registrar or by the election commissioners. Whenever any person shall be convicted in the circuit court of his county of any of said crimes, tht; reg- istrar shall thereupon erase his name from the registration book; and whenever any person shall be convicted of any of said crimes in any other court of any county, the presiding judge thereof, or the justice of the peace, shall, on demand, certify the fact in writing to the registrar, who shall thereupon erase the name of such person from the registration book, and file said certificate as a record of his office. 4121. Clerks of circuit court to prepare and maintain list of! convicts (Laws 1898, ch. 62). It shall be the duty of the clerk of the circuit court of each county to prepare and keep in his office a full and complete list, in alphabetical order, of all persons con- victed of either or any of the crimes following, to-wit: Bribery, burglary, theft, arson, obtaining money or goods under false pre- tenses, perjury, forgery, embezzlement or bigamy. He shall enter the names of all persons who have been or shall hereafter be con- victed of the above named crimes in the circuit court of his coun- ty, also the names of all persons officially reported to him by any justice of the peace, ex-officio justice or mayor of any village, town, or city of his county in a book prepared and kept for that purpose, which book shall be furnished the said clerk by the board of super- visors, and it shall be properly ruled with spacings showing the names, court, crime and date of conviction. He shall receive ten cents for enrolling each name, to be paid out of the county treasury on the order of the board of supervisors. 16 4122. (3615) When and where registration made; notice (Laws 1894, ch. 51). The registrar shall keep his books open at his of- fice, and shall register the electors of his county at any time but in the year of every general election, and not less than four months before said election the registrar shall visit and spend one whole day at each voting precinct in his county, for the purpose of reg- istering voters, after having given notice by publication for three consecutive weeks of the times and places of such visits. The reg- istration books shall not be removed from the registrar's office, ex- cept as herein provided. Section 251 of the constitution of 1890 and this section have reference to elect- ions contemplated by the constitution and not to local option elections held un- der section 1610 of the code of 1892 (code 1906, sec. 1777), and the fact that such an election has been ordered does not interfere with the registration of voters. Bew v. State, 71 Miss., 1 (13 So., 868. 4123. (3616) Penalty for illegally procuring registration. Any person who shall knowingly procure his registration as a qualified elector when he is not entitled to be registered, or under a false name, or as a qualified elector in any other election district than that in which he resides, shall, on conviction, be fined not ex- ceeding one hundred dollars or imprisoned in the county jail not exceeding one year, or both. The same penalty shall apply t^o any- one who is disqualified for any cause and shall re-register before removal of such disqualification to avoid the same, and to all who shall in any way aid in such false registration. (See Sec. 1120, 4175, 4176.) 4124. (3617) False entry and alteration of books punished. Any false entry on any registration book, or poll book, made knowingly, and any unauthorized erasure or alteration therein, shall be pun- ished as provided for the alteration of any other public record. (See Sec. 1035 ) 4125. (3618) New books procured when necessary. When the registration books shall be filled, the board of supervisors of the county shall procure others, to be kept and used as herein direct- ed, or they may cause the books in use at any time to be enlarged so as to contain the names of all persons who may be registered; and the board of supervisors shall cause new poll books to be made from time to time as may be -necessary or proper; and in case of the destruction or mutilation of the registration books or poll books, so as to make it proper to have the names of the electors on the old books transcribed into new ones, the board shall cause it to be done, and the new books so made shall have the same effect as the old ones. (See Sec. 3184.) 4126. (3619) New registration when books lost or destroyed. Should the registration books of any county be lost or destroyed, the board of supervisors may adjudge the fact, and direct a new registration of the voters to be made; and the registrar being so directed, shall make a new registration, as herein provided, of the qualified electors of his county on new books to be provided by the board. 4127. 3620) New registration in case of confusion. -If at any time the registration books of the county be adjudged by the board of supervisors to be in such confusion that a new registration is nec- essary to determine correctly the names of the qualified electors 17 and the election district of each, the board may order a new reg- istration of voters to be made in like manner as in case of the ]oss or destruction of the books. 4128. (3621) Books lost within four months of election. If the poll book of any election district be lost or destroyed within four months of a general election, and the registration book be also lost or destroyed, the board of supervisors shall adjudge the fact of such loss or destruction, and certify the same to the election com- missioners, who shall at once give such notice as time will allow for the electors to meet them at the polling place, and shall, according to the notice, visit the polling place with the registrar, and there, in conjunction with him and the electors who shall appear before them, make a poll book for the election district, .to contain the names of all electors, as far as possible, whom the proof shall show who registered four months before the date of the next election, and no others. When the commissioners have completed the poll book, they shall number the electors from one consecutively under each letter, and append to the book their certificate of the number of electors under each letter, and any alteration of such poll book shall be punished as provided for the alteration of a public record. The electors whose names appear on such poll book shall be entitled to vote at the succeeding election as they would if the books nad not been lost or destroyed. (See Sec. 1035.) 4129. (3622) The registrar's compensation. The registrar shall be entitled to such compensation, payable out of the county treasury, as the board of supervisors of the county may allow. 4130. (3623) Meetings of commissioners to hear appeals. The board of commissioners shall meet at the court-house of their coun- ty on the first Monday in October after appointment, and shall re- main in session from day to day, so long as business may require. Two commissioners shall constitute a quorum to do business; but the concurrence of at least two commissioners shall be ncessary in all cases for the rendition of a decision. The commissioners shall vpq r and determine all appeals from the decisions of the reg- istrar of their county, allowing or refusing the applications of elec- tors to be registered; and they shall correct illegal or improper registrations, and shall secure the elective franchise, as effected by registration, to those who may be illegally or improperly denied the same. Evidence is admissible to show the number of names remaining: on the reg- istration books of the county after all proper erasures, in a contest as to whether the removal of a county seat was carried at an election by the requisite majority of all the qualified voters of the county. Simpson Co. v. Buckley, 85 Miss. 713. 38 So. 104. 4131. (3624) Appeal by person denied registration. Any peison denied the right to register as a voter may appeal from the decision of the registrar to the board of election commissioners by filing with the registrar, on the same day of such denial or within five days thereafter, a written application for appeal. 4132. (3625) Appeal by other than person denied. Any elector of the county may likewise appeal from the decision of the registrar allowing any other person to be registered as a voter; but before the same can be heard, the party appealing shall give notice to the person whose registration is appealed from, in writing, stating the 18 grounds of the appeal; which notice shall be served by the sheriff or a constable, as process in other courts is required to be served; and the officer may demand and receive for such service, from the person requesting the same, the sum of one dollar. 4133. (3626) Appeal heard de novo. All cases on appeals shall be heard by the boards of elction commissioners de novo, and oral evidence may be heard by them; and they are authorized to ad- minister oaths to witnesses before them,; and they have power to subpoena witnesses, and to compel their attendance; to send for per- sons and papers; to require the sheriff and constables to attend them and to execute their process. The decisions of the commission- ers in all cases shall be final as to questions of fact, but as to mat- ters of law they may be revised by the circuit and supreme courts. The registrar shall obey the orders of the commissioners in directing a person to be registered, or a name to be stricken from the regis- tration books. 4134 (3627) Appeal from the decision of the commissioners. Any elector aggrieved by the decision of the commissioners, shall have the right to file a bill of exceptions thereto, to be approved and signed by the commissioners, embodying the evidence in the case and the findings of the commissioners, within two days after the rendition of the decision, and may thereupon appeal to the cir- cuit court upon the execution of a bond, with two or more sufficient sureties to be approved by the commissioners, in the sum of one hundred dollars, payable to the state, and conditioned to pay all costs in case the appeal shall not be successfully prosecuted; and in case the decision of the commissioners be affirmed, judgment shall be entered on the bond for all costs. 4135. (3628) Duty of commissioners in case of appeal to circuit court. It shall be the duty of the commissioners, in case of appeal from their decision, to return the bill of exceptions and the appeal bond into the circuit court of the county within five days after the filing of the same with them; and the circuit courts shall have jurisdiction to hear and determine such appeals. 4136. (3629) Proceedings in the circuit court. Should the judg- ment of the circuit court be in favor of the right of an elector to be registered, the court shall so order, and shall, by its judgment, direct the registrar of the county forthwith to register him. Costs shall not. in any case, be adjudged against the commissioners or the registrar. 4137. (3630) Costs; compensation, etc. <The election commis- sioners shall not award costs in proceedings before them; but the circuit and supreme courts shall allow costs, ,s in other cases. The sheriffs, when required to attend before the commissioners at their meetings, shall be paid two dollars a day, to be allowed by the boards of supervisors. 4138. (3631) Who entitled to vote. Every mftte inhabitant of this state except idiots, insane persons, and Indians not taxed, who is a citizen of the United States, twenty-one years old and upwards, who has resided in this state two years, and one year in the election dictrict or city, town or village in which he offers to vote, and who is able to read any section of the constitution of the state, or, if unable to read the same, who is able to understand the same when read to him, or give a reasonable interpretation thereof, and who shall have been duly registered as an elector by an officer of this state under the laws thereof, and who has never been convicted of bribry, burglary, theft, arson, obtaining money or goods under false pretenses, perjury, forgery, embezzlement, or bigamy, and who has paid all taxes which may have been legally required of him, and which he has had an opportunity to pay according to law, for the two preceding years, and who shall produce to the officers holding the election satisfactory evidence that he has paid such taxes on or before the first day of February of the year in which he shall offer to vote, shall be a qualified elector in and for the election district or city, town, or village of his residence, and shall be entitled to vote at any election held not less than four months after his reg- istration; but any minister of the gospel, in charge of an organized church, shall be entitled to vote after six months' residence in the election district, city, town, or village, if otherwise qualified. Registration for the election district in which one offers to vote ia necessary o entitle him to vote. Perkins v. Caraway, 59 Miss., 222. 4139. (3632) When general elections held. All elections by the people shall be by ballot, and shall be concluded in one day. A general election shall be held in the several counties on the first Tuesday after the first Monday of November, in the year 1907, and every four years thereafter. 4140. (3633) Officers to be elected. At the election in 1907, and every four years thereafter, there shall be elected a governor, lieu- tenant-governor, secretary of state, auditor of public accounts, state treasurer, attorney-general, superintendent of public education, three railroad commissioners, land commissioner, clerk of the su- preme court, commissioner of insurance, senators and members of the house of representatives in the legislature, district attorneys for the several districts, clerks of the circuit and chancery courts of the several counties, as well as sheriffs, coroners, treasurers, as- sessors, surveyors and members of the board of supervisors, jus- tices of the peace and constables, and all other officers to be elected by the people. All such officers shall hold their offices for the term of four years, and until their successors are elected and qual- ified. The state oficers', including railroad commissioners, land commissioner, and the clerk of the supreme court, shall be elected in the manner prescribed in section one hundred and forty of the con- stitution. 4141. (3634) Commissioner of election, etc., not to be candidate, etc. A commissioner of election shall not be a candidate for any office at any election for which he may have been appointed, and with reference to which he has acted as such; and all votes cast for any such person at such election shall be illegal, and shall not be counted. (See Sec. 3437.) 4142. 3635) Commissioners to revise registration books, etc. On the first Monday of October preceding a general election, and five days before any other, the commissioners of election shall meet at the office of the registrar and carefully revise the registra- tion books and the poll books of the several election districts, and shall erase therefrom the names of all persons erroneously there- on, or who have died, removed, or become disqualified as electors from any cause; and shall register the names of all persons who -20 have duly applied to be registered and have been illegally denied registration. 4143. (3636) Registrar to attend certain meetings. The reg- istrar shall attend the meetings of the commissioners, and shall furnish them the registration books and the poll books, and shall render them all needed assistance of which he is capable in the per- formance of their duties in revising the list of qualified electors. 4144. (3637) Of ballot boxes. The commissioners of election in each county shall procure, if not already provided, a sufficient num- ber of ballot boxes, which shall be distributed by them to the election districts of the county before the time for opening the polls. The boxes shall be secured by good and substantial locks, and, if an adjournment shall take place after the opening of the polls and before all the votes shall be counted, the box shall be securely locked, so as to prevent the admission of anything into it, or the taking of anything from it, during the time of aujuurn- ment; and the box shall be kept by one of the managers and the key by another of the managers, and the manager having the box shall carefully keep it, and neither unlock or open it himself nor permit it to be done, nor permit any person to have any access to. it during the time of adjournment. The box shall not be re- moved from the polling building or place after the polls are opened until the count is complete, if as many as three qualified electors object. After each election the ballot-boxes shall be delivered, with the keys thereof, to the clerk of the circuit court of the county for preservation; and he shall keep them for future use, and, when called for, deliver them to the commissioners of election. 4145. (3638) Bailiffs to keep the peace appointed. The commis- sioners of election shall appoint, by writing, an election bailiff for each election district, to be present during the election to keep the peace and to protect the voting place, and to prevent imyiopei intrusion upon the voting place or interference with the election, and to arrest all persons creating any disturbance about the voting place, and to enable all qualified electors who have not voted, and who desire to vote, to have unobstructed access to the polls for the purpose of voting when others are not voting. 4146. (3639) Managers may appoint the bailiff. tff the com- missioners of election fail to appoint the bailiff, or if their appointee fail to serve, the managers of election may appoint such officer. 4147. (3640) Duty of election bailiff. It shall be the duty of the bailiff to be present at the voting place, and to take such steps as will accomplish the purpose of his appointment, and he shall have full power to do so, and he may summon to his aid all per- sons present at the voting place. A space thirty feet in every direction from the polls, or the room in which the election is held, shall be kept open and clear of all persons except the election officers and two challengers of good conduct and behavior, selected by each party to detect and challenge illegal voters; and the elec- tors shall approach the polls from one direction, line, door or pas- sage, and depart in another as nearly opposite as convenient. 4148. 3641) When city or part of county entitled to separate representation. When a city or part of a county is entitled to sep- 21 arate representation in the legislature, the commissioners of elec- tion shall prepare for the election, and shall receive and canvass the returns, declare the result, and transmit it to the secretary of state, and act in all respects as in other elections. 4149. (3642) When the commissioners fail to act. If there shall not be commissioners of election in any county, or if they fail to act, the duties prescribed for them shall be performed by the board of supervisors; in which case the president of the board is charged with the duty of having the official ballot printed and distributed; and the managers of election shall make returns to the board, which shall canvass the returns, give certificates of election, and make report to the secretary of state, in like manner as the com- missioners of election are required to do. 4150. (3643) Managers of election appointed. Prior to every election the commissioners of election shall appoint three persons for each election district to be managers of the election, who shall not all be of the same political party, if suitable persons of dif- ferent political parties can be had in the district, and, if any person appointed shall fail to attend and serve, the managers present, if any, may designate one to fill his place; and if the commissioners of election fail to make the appointments, or, in case of the fail- ure of all those appointed to attend and serve, any three qualified electors present when the polls should be opened may act as man- agers. 4151. (3644) Duties and powers of managers. The managers shall take care that the election is conducted fairly and agreeably to law, and they shall be judges of the qualifications of electors, and may examine, on oath, any person duly registered and onering to vote touching his qualifications as an elector, which oath any of the managers may administer. 4152. (3645) Clerks of election. The managers of election shall appoint two clerks, and the managers and clerks shall be sworn by some officer present competent to administer oaths, 'or each may be sworn by one of the others, faithfully to perform their duties at the election according to law, and not to attempt to guide, aid, direct, or influence any voter in the exercise of his right to vote, except as expressly allowed by law. 4153. (3646) Blank returns, stationery, etc., to be furnished. The commissioners of election shall furnish to the managers at each voting place a sufficient quantity of stationery for use in hold- ing the election, and also blank forms to be used in making ic- turns of the election, including blank tally sheets with printe , tion and suitable size and ruling. 4154. (3647) Sheriff to provide voting compartments, etc. The sheriff shall provide at each election place a sufficient number of voting compartments, shelves, and tables, for the use of electors, which shall be so arranged that it will be impossible for one voter in one compartment to see another voter who is preparing the ballot. The number of voting compartments and shelves or tables shall not be less than one to every one hundred electors in the elec- tion district. Each compartment shall be supplied and have posted up in it a card of instructions, and be furnished with other conven- 22 iences for marking the ballots. (Election ordinance, section 3438.) 4155. (3648) How to conduct the election and count the ballots. The polls shall be opened at nine o'clock in the morning, and be kept open until six o'clock in the evening and no longer; and ev- ery person entitled to vote shall deliver an official ballot, prepared in accordance with law, to one of the managers in the presence of the others, which ballot shall be put into the ballot box, and at the same time one of the clerks shall take down on a list tn iiamfc of every person voting, and the other shall make the proper entry on the poll book. And when the polls shall be closed, the man- agers shall publicly open the box and count the ballots, at the same time reading aloud the names of the persons voted for, which shall be taken down by the clerks in the presence of the man- agers; and if there be two or more ballots rolled up together, nei- tuer shall be counted. 4156. (3649) Certain ballots not to be counted. If the voter mark more names than there are persons to be elected to an office, or if from any reason it be impossible to determine from the bal- lot the voter's choice for any office voted for, his ballot so cast shall not be counted for that office. A ballot not provided in ac- cordance with law shall not be deposited or counted. (Election ordinance, section 15.) 4157. (3650) Official ballot; expense of printing. IThe ballots in all elections shall be printed and distributed at the public ex- pense, and shall be known as "official ballots." The expense of printing ?uch ballots shall be paid out of- the county treasury, ex- cept that in municipal elections such expenses shall be paid by the respective cities, towns, and villages. (Election ordinance sec- tion 37.) 4158. (3651) Who to have printed ;* printer sworn to secrecy. It shall be the duty of one of the election 'commissioners, designat- ed for that purpose in his commission by the authority appointing tli 3 commissioners, to have printed all necessary ballots for use in elections, except ballots in municipal elections, which shall be printed as herein provided by the authorities of the respective mu- nicipalities; and the election commissioners shall cause the official ballot to be printed by a printer sworn to keep the ballots secret under the penalty prescribed by law. The printer shall deliver to the election commissioners for holding primary and other elections, a certificate of the number of tickets printed, for each precinct, and shall not print any additional tickets, except on instruction of proper election commissioners; and failure to observe either of these re- quirements shall be a misdemeanor. (Election ordinance, sec- tion 2.) 4159. (3652) BalJots; what to contain. The ballot so printed shall contain the names of all candidates who have been put in nomination, not less than fifteen days previous to the day of elec- tion, by the primary election of any political party. There shall be printed on the ballots the names of all candidates so nommateC whether the nomination be otherwise known or not, upon the writ- ten request of one or more of the candidates so nominated, or of any qualified elector who will make oath that he was a participant 23 in the primary election, and that the person whose name is pre- sented by him was nominated by such primary election. The commissioner shall also have printed on the ballot the name of any qualified elector who has been requested to be a candidate for any office, by a written petition signed by at least fifteen qualified electors, for any beat or municipal office in a town or village of le<?s than three hundred inhabitants, or fifty qualified electors for any other office, and when the petition or request has been presented to said commissioner not less than fifteen days before the election; but if any candidate has been so nominated, or has been so requested to become a candidate, less than fifteen days before the election, his name shall not be printed upon the ballot. (Election ordi- nance, section 2.) 4160. (3653) Further as to form of ballots; blank spaces. There shall be left on each ballot one blank space under the title of each office to be voted for, and in the event of the death of any candidate whose name shall have been printed on the official ballot, the name of the candidate duly substituted in the place of such deceased candidate, may be written in such blank space by the voter. (Election ordinance, section 1.) 4161. (3654) Further as to form of ballots; constitutional amend- ments, etc. Whenever the question of a constitutional amendment, or other question or matter admitting of an affirmative or nega- tive vote is submitted to a vote of the electors, the amendment, question, or matter shall be printed on the official ballot, together with the names of the candidates, if any, and also the words "for" and "against" to be so arranged by the proper officer that the voter can intelligently vote his preference, by making a cross mark (x) opposite the word indicating his preference. And immediately fol- lowing the title of each office shall be printed the words "vote for one," or "vote for two," or more, according to the number to be elected. (Election ordinance, section 4.) Since a local option election under section 1610 of the code of 1392, code 1906, sec. 1777, is not an election controlled by the provisions of the constitution of 1890, the ballots used at such election do not have to conform to the provisions of the constitution of 1890. It is enough for the ballot to contain the words "for the sale" and "against the sale" Lehman v. Porter, 73 Misa. 216. 18 So., 920. 4162. (3655) Names of candidates not to be left off the ballot After the proper officer has knowledge of or has been notified of the nomination, as provided, of any candidate for office, the of- ficer shall not omit his name from the ballot, unless upon the writ- ten request of the candidate nominated, made at least ten days be- fore the election; and every ballot shall contain the names of all candidates nominated as specified, and not duly withdrawn. (Elec- tion ordinance, sections 3, 4.) 4163. (3656) Arrangement of names on ballots; sample ballots. The arrangement of the names of the candidates, and the order in which the titles of the various offices shall be printed, and the size, print and quality of paper of the official ballot is left to the dis- cretion of the officer charged with printing the official ballot; but the arrangement need not be uniform. It is the duty of the secretary of state, with the approval of the governor, to furnish the designated commissioner of each county a sample of the of- ficial ballot, the general form of which shall be followed as nearly as practicable. (Election ordinance, section 4.) 24 4164. (3657) What printed on back of ballot. On the back and outside of the ballot shall be printed the words, "official ballot," the name of the election district or place for which the ballot is pre- pared, and the date of the election. (Election ordinance, section 4.) 4165. (3658) Ballots attached together; all to be accounted for. All official ballots intended for use at any voting place shall be fastened together, in convenient numbers and in some secure man- ner, but in such way that they may be detached for use. A record of the number of official ballots printed and furnished to each voting place shall be kept, and all the ballots shall be ac- counted for by the officer charged with the printing of the bal- lots and by those designated to distribute them at the polls. (Election ordinance, section 5.) 4166. (3659) Number of ballots printed; cards of instruction. The officer charged with printing and distributing the official ballot shall ascertain from the registrar at least ten days before the day of election, the number of registered voters m each election district; and he shall have printed and distributed a sufficient num- ber of ballots for use in each district. He shall also prepare full instructions for the guidance of electors, at elections as to obtaining ballots, the manner of marking them, and the mode of obtaining new ballots in the place of those spoiled by accident. The in- structions shall be printed in large, clear type, on "cards of in- struction," and the officer shall furnish the s^mo in sufficient numbers for the use of the electors. The cards shall be preserved by the officers of election, and returned by them to the commis- sioners of election; and they may be used, if applicable, in sub- sequent elections. (Election ordinance, section 6.) 4167. (3660) Manager of election designated to distribute bal- lots. ^The commissioner of election designated to have the offic- ial ballots printed and distributed shall, in appointing the man- agers of election, designate one of the managers at each voting place to receive and distribute the official ballots, and shall de- liver to him the proper number of ballots and cards of instruction for his district not less than one day before the election; and the manager receiving the ballots from the commissioner shall dis- tribute the same to the electors of his district in the manner herein provided. (Election ordinance, sections 7, 9.) 4168. (3661) When there are no official ballots. In case the official ballots prepared shall be lost or destroyed, the commissioner of election shall have like ballots furnished in place of those lost or destroyed, if time remain therefor. And if from any cause there should be no official ballots at a voting place, and not suf- ficient time in which to have them printed, the ballots may be written; but, if written by anyone except the voter alone for himself the names of all candidates shall be written thereon, without any mark or device by which one name may be distinguished from an- other, and such ballots shall be marked by the voter as provided for printed ballots. If the manager designated fail to have the ballots at the voting place at the proper time, or if he fail to dis- tribute them, the managers, or those of them present at the elec- tion, shall provide ballots, and select some suitable person to dis- tribute them, who shall take tlie oath required of the managers, 25 and distribute the ballots according to law. (Election ordinance, sections 8, 9.) 4169. (3662) The loss of official ballots to be reported. Within three days after election day, the managers of election shall report to the election commissioners, under oath, as to the loss of oincia 1 * ballots, the number lost, and all facts connected therewith, which report the commissioners may deliver to the grand jury, if deemed advisable. (Election ordinance^ section 8.) 4170. (3663) Ballots; how distributed at the polls. The manager of election, having the official ballots shall remain at the polls, at a place convenient to the voting compartments, tables or shelves, for the distribution of the ballots; and, when requested by an elector entitled to vote, shall hand him an official ballot. (Election or- dinance, section 11.) 4171. (3664) Voting; ballot to be marked with ink, and folded. On receiving his ballot, the voter shall forthwith go into one of the voting compartments,, and shall there prepare his ballot by mark- ing with ink in the appropriate margin or place a cross (x) op- posite the name of the candidate of his choice for each office to be filled, or by filling in the name of the candidate substituted in the blank space provided therefor, and marking a cross opposite there- to, (x) and likewise a cross (x) opposite the answer he desires to give in case of an election on a constitutional amendment or other question or matter. Before leaving the voting compartment, thv voter shall fold his ballot without displaying the markings there- of, but so that the words "official ballot" followed by the designa- tion of the election district and the date of the elction, shall be visible to the officers of the election. He shall then cast his ballot by handing the same to one of the managers of election for deposit in the ballot-box; this he shall do without undue delay, and as soon as he has voted, he shall quit the enclosed place at once. A voter shall not be allowed to occupy a voting compartment al- ready occupied by another voter, nor any compartment longer than ten minutes, if other voters be not waiting, nor longer than five minutes if other voters be waiting. A person shall not be allowed in the room in which the ballot-boxes, compartments, tables and shelves are, except the officers of the election and those appointed by them to assist therein. (Election ordinance, section 12.) Two crosses, XX, do not vitiate a ballot under this section. Kelly v. Kiers- key, 79 Miss., 168, 30 So. 49. The voter's choice cannot be indicated by a straight mark opposite a name or by erasing a nam, and ballots so prepared cannot be counted. Ib. 4172. (3665) Ballots not to be taken away; spoiled ballots. A person shall not take or remove any ballot from the polling place before the close of the polls. If any voter spoil a ballot, he may ob- tain others, one at a time, not exceeding three in all, upon return- ing each spoiled one. (Election ordinance, section 13.) 4173. (3666) A blind or disabled voter to have aid. Any voter who declares to the managers of the election that, by reason of blindness or other physical disability, he is unable to mark his bal- lot, and whose declaration is not palpably untrue, shall, upon re- quest, have the assistance of one of the managers in the marking thereof; and the officer shall note on the back thereof that it was 26 marked with his assistance; but shall not otherwise give informa- tion in regard to the same. (Election ordinance, section 14.) 4174. (3667) Illiterate voter to have aid. A voter who declares to the managers of the election that by reason of inability to read he is unable to mark his ballot, if the same be true, shall, upon .re- quest, have the assistance of a manager in the marking thereof; and the managers shall designate one of their number for the purpose, who shall note on the back of the ballot that it was marked by his assistance; but he shall not otherwise give informa- tion in regard to the same. 4175. (3668) Secrecy; penalties to enforce. Any voter, who shall, except as herein provided, allow his ballot to be seen by any person, or who shall make a false statement as to his inability to mark his ballot, or who shall place any mark upon his ballot by which it can afterwards be identified as the one voted by him, or any person who shall interfere or attempt to interfere with any vot- er when inside the compartment or inclosed place, or when marking his ballot, or who shall endeavor to induce any voter, before voting, to show how he will mark, or after voting how he has marked his ballot, shall be punished by a fine of not less than twenty-five nor more than one hundred dollars; and the election officers shall cause any person so violating the law to be arrested and carried before the proper officer or tribunal for commitment and trial for such offense. (Election ordinance, section 16. See sections j.120- 1135; also section 4123.) 4176. (3669) Penalties on election officers. Any election com- missioner, or any other officer or person acting as such, or per- forming election duty, who shall wilfully refuse or knowingly fail to perform any duty required of him by the election laws, or who shall violate any of the provisions thereof, shall be guilty of a misdemeanor, and, upon conviction, be punished by a fine or not less than twenty-five dollars nor more than one hundred dollars, or be imprisoned in the county jail not less than ten days nor more than ninety days or both. (Election ordinance, section 17, See sections 1120-1135; also section 4123.) 4177. (3670) The returns to be signed. The statement 01 the result of the election in their election district shall be certified and signed by the managers and clerks; and the poll books, tally-lists, list of voters, ballot-boxes, and ballots shall all be delivered, as required, to the commissioners of election. 4178. (3671) Returns of election; result declared; what done in case of tie. When the result of the election shall have been as- certained by the managers, they, or one of their number, or some fit person designated by them, shall, by noon of the second day after the election, deliver to the commissioners of election, at the court- house, a statement of the whole number of votes given for each person, and for what office; and the commissioners of election shall canvass the returns, ascertain and declare the result; and, within ten days after the day of election, shall deliver a certificate of his election to the person having the greatest number of votes for representative in the legislature, or other county office, board of supervisors, justice of the peace, and constable. And if it appear 27 that two or more candidates for representative of the county or part of the county, or for any county office, board of supervisors, jus- tice of the peace, or constable standing highest on the list, and not elected, have an equal number of votes, the election shall be de- cided by lot, fairly and publicly drawn by the commissioners, with the aid of two or more respectable electors, freeholders of the county, and a certificate of election shall be given accordingly. The foregoing provisions shall apply to senators, if the county be a senatorial district. The commissioners of election may exclude from their count all illegal bal- lots which were counted by the managers. Oglesby v. Sigman, 58 Miss., 50?. 4179. (3672) Statement of votes sent to secretary of state. The commissioners of election shall, within ten days after the election, transmit to the secretary of state, to be filed in his office, a state- ment of the whole number of votes given in their county for each candidate for any office at the election; but the returns of every election for governor, lieutenant-governor, secretary of state, at- torney-general, auditor of public accounts, state treasurer, state superintendent of education, land commissioner, railroad commis- sioners, insurance commissioner, and clerk of the supreme court, shall each be made out separately, sealed up together, and trans- mitted to the seat of government, directed to the secretary of state, and indorsed the "vote for state officers," to be delivered by the secretary of state to the speaker of the house of representatives at the next ensuing session of the legislature. Constitutional amendments shall be voted for at the time fixed by the concurrent resolution. The election, whether held separately or with other elections, shall be conducted, in all respects, as required for elec- tions generally. The returns shall be made by the election com- missioners to the secretary of state and shall be tabulated by him and submitted to each branch of the legislature, at the session next ensuing. When the commissioners have complied with this law they cannot be com- pelled by mandamus to recanvass the return. Oglesby v. Sigman, 58 Miss., 502 4180. (3673) Duty of secretary of state as to returns; what done in case of tie. The secretary of state, immediately after receiving the returns of an election, not longer than thirty days after the elec- tion, shall sum up the whole number of votes given for each can- didate other than for state offices, ascertain the person or persons having the largest number of votes for each office, and declare such person or persons to be duly elected; and thereupon all per- sons chosen to any office at the election shall be commissioned by the governor; but if it appear that two or more candidates for any district office where the district is composed of two or mor& counties, standing highest on the list, and not elected, have an equal number of votes, the election shall be forthwith decided be- tween the candidates having an equal number of votes by lot, fairly and publicly drawn, under the direction of the governor and sec- retary of state. When the secretary of state has complied with this law. and the governor has commissioned the person certified to be elected, a mandamus will not lie to compel a second summoning up of the votes. Myers v. Chalmers, 60 Miss., 772. 4181. (3674) Order at elections; dram-shops to be closed. All places for retailing intoxicating liquors by the drink in any county, 28 city, town or village shall be closed, and intoxicating liquors shall not be sold, bartered or given away, or drunk at any store, tavern, dram-shop, restaurant, steam-boat, wharf-boat, or other place of business therein from twelve o'clock of the preceding night, until twelve o'clock of the succeeding night of any general or special election therein; and all intoxicated or disorderly persons, dis- turbing the peace, by noise or violence, in the place where the election is held, shall be arrested, placed in jail, or otherwise kept in custody, being permitted to vote while in custody if qualified, until the polls shall be closed, or until they be entirely sober and well-behaved; and the managers of the election are made con- servators of the peace; and sheriffs and their deputies, and all other officers, are authorized to preserve order in and about th& place where the election may be held, and to commit to jail any person who may disturb the election; and all citizens shall aid the managers and other officers in preserving order, and in making ar- rests when necessary. And if any candidate shall, directly or in- directly, provide, aid or assist in providing any intoxicating li- quors for use on election day, he shall be guilty of a misdemeanor and shall be ineligible to hold the office for which he is a candi- date. (See ch. Ill for primary elections.) 4182. (3675) Privilege of electors. Except as herein provided, electors shall, in all cases other than those of treason, felony, or breach of the peace, be privileged from arrest during their atten- dance on elections, and going to and returning from the same. 4183. (3676) Election not to fail. The failure to distribute to the different voting places the poll books containing the alpha- betical list of voters, of the ballot-boxes provided for, shall not pre- vent the holding of an election, but in such case the managers shall proceed to hold the election without the books and ballot-boxes, and shall provide some suitable substitute for the ballot-boxes, and con- form as nearly as possible to the law in the reception and disposi- tion of the official ballots. 4184. (3677) How election to legislature contested; notice; raK- ing proiof. The person contesting the seat of any member of the senate or house of representatives shall, within thirty days after the election, serve notice, in writing, upon such member, stating par- ticularly the grounds upon which the eelction is contested; and thereupon either party may proceed to take the depositions of witnesses before any justice of the peace, or other officer qualified to administer oaths in the district or county, as convenient as may be to the residences of the witnesses; the depositions so taken shall be read as evidence before the senate or house as the case may be; but the opposite party shall have ten days' notice of the time and place of taking the same. 4185. (3678) Attendance of witnesses, etc. Each house of the legislature or any committee appointed to investigate the facts concerning the election or qualifications of any member of person claimed to be such, shall have power to compel the attendance of witnesses and the production of such documents or papers as may be required. 4186. (3679) Election of county officer or district attorney con- tested. A person desiring to contest the election of another person 29 returned as elected to any office within any county, may, within twenty days after the election, file a petition in the office of the clerk of the circuit court of the county, setting forth the grounds upon which the election is contested; and the clerk shall there- upon issue a summons to the party whose election is contested, re- turnable to the next term of the court, which summons shall be served as in other cases; and the court shall, at the first term, cause an issue to be made up and tried by a jury, and the verdict of the jury shall find the person having the greatest number of legal votes at the election. If the jury shall find against the person returned elected, the clerk shall issue a certificate thereof; and the person in whose favor the jury shall find shall be commissioned by the governor, and shall qualify and enter upon the duties of his office. Each party shall be allowed ten peremptory challenges, and new trials shall be granted and costs awarded as in other cases. And in case the election of district attorney be contested, the petition may be filed in any county of the district or in any county of an adjoining district within twenty days after the elec- tion, and like proceedings shall be had thereon as in the case of county officers, and the person found to be entitled to the office shall qualify as required by law and enter upon the duties of his office. The fllinr of the petition gives the court jurisdiction of the contest, and the failure to issu ihe summon-* at once does not authorize the quashing of the pro- ceeding*. Hall v Lyon. 59 Miss., 218. Elections to municipal offices are not embraced herein. Easley v. Baden- hausen, i9 Miss., 580. In a contest for a county office it may be shown by the contestant that he was deprived of his rightful majority by the fraudulent practice of the managers at certain precincts in returning a greater number of votes than were actually cast, and receiving votes of persons not qualified electors, and votes which had been marked and furnished to voters by others in disregard of the constitution. Sproule T. Fredricks, 69 Miss., (11 So., 472). 4187. (3680) Trial in vacation of contested election cases. If the petition shall be filed more than forty days before the term of the circuit court next after the election which is contested, the sum- mons may be made returnable, and a trial of the issue be had in va- cation, in the manner prescribed for a trial in vacation of an information in the nature of a quo warranto; and all of the pro- visions in reference to a trial in vacation of such proceedings shall apply to the trial of issues as to contested elections in the state of case herein mentioned; but this section shall not be held to in- clude a contest of the election of a justice of the peace, constable, coroner, surveyor, or member of a board of supervisors. (See Section 4038.) An appeal will lie from a judgment rendered in vacation the proceeding be- ing likened to that of quo warranto. Perkins v. Carraway, 59 Miss., 222. 4188. (3681) Vacancies in office; how filled. When a vacancy other than in the legislature shall occur, by death, resignation or otherwise, in any state or state district office, which is elective, the same shall be filled for the unexpired term by appointment by the governor. 4189. A T acancy in county office; how filled (Laws 1900, ch. 79). When a vacancy shall occur in any county or county district of- fice, the unexpired term of which shall not exceed six months, the same shall be filled by appointment by the board of supervisors ot the county by order entered upon its minutes where the vacancy 30 occurs, and the clerk of the board shall certify to the secretary of state the fact of the appointment, and the person so appointed shall be commissioned by the governor; and if the unexpired term shall exceed six months, the board of supervisors of the county, or the president thereof in vacation, shall make an order, in writing, di- rected to the commissioners of election, commanding an election to be held in the county or proper district, on a day to be named in the order, to fill the vacancy; and they shall give at least ten days' notice of such election, as directed by section 4191, and shall give a certificate of election to the person elected, and shall return to the secretary of state a copy of the order of holding the election, showing the result thereof, certified by the clerk of the board of su- pervisors; and the person elected shall be commissioned by the governor. 4190. Vacancy in municipal offices; how filled. When it shall happen that there is any vacancy in a city, town or village of- fice, which is elective, the unexpired term of which shall not ex- ceed six months, the same shall be filled by appointment by the board of mayor and aldermen of said city, town, or village, or if a vacancy be in the office of mayor, the aldermen shall appoint, or if the vacancy be in the office of alderman the mayor and remaining aldermen shall appoint; and the town clerk shall certify to the secretary of state the fact of such appointment, and the person or persons so appointed shall be commissioned by the governor; and if the unexpired term shall exceed six months, the board of mayor and aldermen shall make an order for an election to be held in such city, town or village to fill the vacancy; when the vacancy is in the office of mayor, the aldermen shall make such order en- tered on their minutes, and they shall give at least ten days' notice of such election, and shall give a certificate of election to the person elected, and shall return to the secretary of state a copy of the order for holding the election, showing the results thereof, certified by the clerk of the board of mayor and aldermen; and the person elected shall be commissioned by the governor. 4191. (3682) Notice of elections to fill vacancies. The commis- sioners of election of the several counties to whom the writ of election may be directed, shall, immediately on the receipt thereof, give notice of such election by posting notices at the courthouse and in each election district in the county, for as near thirty days as may be practicable; and the election shall be prepared for and held as in case of a general election. 4192. (3684) Vacancies in the legislature; how filled. When vacancies happen in either house of the legislature, the governor shall issue writs of election to fill such vacancies, on a day therein to be specified; and at least ten days' notice shall be given UJL sucn election in each county or part of a county in which such election shall be held, in the manner directed by the section preceding the last before this. 4193. (3685) Elections to fill vacancies; how held. All special elections, or elections to fill vacancies, shall in all respects be held, conducted and returned in the same manner as general elections. See State v Lovell, 70 Mis., 309 (12 So., 341). 31 4194. (2637) When representatives chosen; how elections con- ducted. Representatives in the Congress of the United States shall be chosen by districts on the first Tuesday after the first Monday of November in the year 1906, and every two years thereafter; and the laws regulating general elections shall in all respects apyiy to and govern elections for representatives in congress. 4195. (3688) One representative to each district; who eligible. Each congressional district shall be entitled to one representative, who shall be, at the time of his election, a resident of the district for which he is chosen. 4196. (3689) Vacancy in congress; how filled. If a vacancy hap- pen in the representation in congress, the vacancy shall be filled for the unexpired term by a special election, to be ordered by the governor, and to be held at a time fixed by his order, and which time shall be not less than thirty days after the issuance of the order of the governor, which shall be directed to the commissioners of election of the several counties of the district, who shall, im- mediately upon receipt of the order, give notice of the election by posting notices thereof at the door of the court house, and at some public place in each election district of the county; and the election shall be prepared for and conducted, and returns shall be made, in all respects as provided for a general election. 4197. (3690) Number of representatives changed; how elected. Should an election of representatives in congress occur after the number of representatives to which the state is entitled shall be changed, in consequence of a new apportionment being made by congress, and before the districts shall have been changed to con- form to the new apportionment, representatives shall be chosen as follows: In case the number of representatives to which the state is entitled be increased, then one member shall be chosen in each district as organized, and the additional member or members shall be chosen by the electors of the state at large; and if the num- ber of representatives shall be diminished, then the whole number shall be chosen by the electors of the state at large. 4198. (3691) Division of the state into congressional districts (Laws 1902 ch. 61). <For the election of members of the house of representatives in congress, in pursuance of the apportionment made under the census of the year 1900, the state shall be divided into eight districts, as follows, to-wit: First District The first congressional district shall be composed of the following counties: Alcorn, Tishomingo, Prentiss, Lee, Itawamba, Monroe, Lowndes, Oktibbeha, and Noxubee. Second District The second congressional district shall be com- posed of the following counties: Tippah, Union, Benton, Marshall, Lafayette, DeSoto, Tate, Panola, and Tallahatchie. Third District The third congressional district shall be com- posed of the following counties: Tunica, Quitman, Coahoma, JJOK ivar, Sunflower, Washington, Leflore, Holmes, Issaquena, and Shar- key. 32 ' Fourth District The fourth congressional district shall be com- posed of the following counties: Pontotoc, Chickasaw, Calhoun, Yalobusha, Grenada, Carroll, Montgomery, Clay, Webster, Choctaw, and Attala. Fifth District The fifth congressional district shall be com- posed of the following counties: Winston, Leake, Neshoba, Kem- per, Lauderdale, Newton, Scott, Smith, Jasper, and Clarke. Sixth District The sixth congressional district shall be com- posed of the following counties: Wayne, Jones, Covington, Simp- son, Lamar, Lawrence, Marion, Perry, Greene, Jackson, Harrison, Pearl River, Hancock, Forrest, Jefferson Davis and George. Seventh District The seventh congressional district shall be com- posed of the following counties: Claiborne, Copiah, Jefferson, Adams, Franklin, Lincoln, Pike, Amite, and Wilkinson. Eighth District The eighth congressional district shall be com- posed of the following counties: Warren, Yazoo, Madison, Hinds and Rankin. 4199. (3692) Concerning senators in congress. The following sections, fourteen to nineteen, are the regulations of the congress of the United States for the election of senators in congress, taken from the revised statutes of the United States, viz.: 4200. (3693) ''Section 14. The legislature of each state which is chosen next preceding the expiration of the time for which any senator was elected to represent such state in congress, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a senator in congress. 4201. (3694) "Section 15. Such election shall be conducted in the following manner: Each house shall openly, by a viva voce vote of each member present, name one person for senator in con- gress from such state, and the name of the person so voted for, who receives a majority of the whole number of votes cast in each house, shall be entered on the journal of that house by the clerk or secretary thereof; or, if either house fails to give such majority to any person on that day, the fact shall be entered on the jour- nal. At twelve o'clock meridian of the day following that on which said proceedings are required to take place, the members of the two houses shall convene in joint assembly, and the journal of each house shall then be read, and if the same person has received a majority of all the votes in each house, he shall be declared duly elected senator. But if the same person has not received a ma- jority of the votes in each house, or if either house has failed to take proceedings as required by this section, the joint assembly shall then proceed to choose, by a vivo voce vote, of each member present, a person for senator; and the person who receives a ma- jority of all the votes of the joint assembly, a majority of all the members elected to both houses being present and voting, shall be declared duly elected. If no person receives such majority on the first day, the joint assembly shall meet at twelve o'clock me- 33 ridian of each succeeding day during the session of the legislature, and shall take at least one vote, until a senator is elected. 4202. (3695) "Section 16. Whenever, on the meeting of the legislature of any state, a vacancy exists in the representation of such state in the senate, the legislature shall proceed, on the secon 1 Tuesday after meeting and organization, to elect a, person to fill such vacancy, in the manner prescribed in the preceding section for the election of a senator for a full term. 4203. (3696) "Section 17. Whenever, during the session of the legislature of any state, a vacancy occurs in the representation of such state in the senate, similar proceedings to fill such vacancy shall be had on the second Tuesday after the legislature has or- ganized and has notice of such vacancy. 4204. (3697) "Section 18. It shall be the duty of the executive of the state from which any senator has been chosen, to certify his election, under the seal of the state, to the president of the sen- 4205. (3698) "Section 19. The certificate mentioned in the pre- ceding section shall be countersigned by the secretary of state of the state." 4206. (3699) When electors shall be elected. The number of electors of president and vice-president of the United States to whicn this state may be entitled, shall be chosen by the qualified electors of the state at large, on the first Tuesday after the first Monday of November in the year in which an election of presi- dent and vice-president shall occur. 4207. (3700) How election conducted. tThe laws regulating the general elections shall in all respects apply to and govern elections of electors of president and vice-president. 4208. (3701) Duty of secretary of state. the secretary of state shall, immediately after ascertaining the result, transmit by mail a notice, in writing to the persons elected. 4209. (3702) Meetings and proceedings of the electors (Laws 1902, ch. 105). The electors chosen shall meet at the seat of government of the state on the second Monday in January next following their election, and shall there give their votes for pres* ident and vice-president of the United States, and shall make re- turn thereof agreeably to the laws of the United States; and should any elector so chosen fail to attend and give his vote, the other electors attending shall appoint some person or persons to fill the vacancy or vacancies, who shall attend and vote as electors; and such appointment shall be forthwith reported to the secretary of state. 4210. (3703) Compensation of electors. Each elector shall b^ allowed the sum of four dollars for every twenty miles of travel, to be estimated by the usual land route, in going from his home to and returning from the seat of government to give his vote, and four dollars for every day he shall attend there as an elector, to be paid by the state treasurer, on the warrant of the auditor. 34 4311. (3704) Authority to boards of supervisors. The boards of supervisors of the several counties are authorized to allow com- pensation to the officers rendering services in matters of registra- tion and elections, to provide ballot-boxes, registration and poll books, and all other things required by law in registration and elections; and to allow the sheriff such reasonable sum as he may expend in supplying voting compartments, tables, or shelves for use at elections. 4212. (3705) Commissioners to certify to service of election of- ficers. The commissioners of election shall, after each election, make out a list of all persons who served as managers, clerks and election bailiffs at the election, designating for what service each is entitled to pay, certify to the correctness of the same, and file it with the clerk of the board of supervisors; and an allowance shall not be made to any such officer unless his service be so certi- fied. 4213. (3706) Pay of election officers. The commissioners of election shall be entitled to three dollars each for every day actually employed in the performance of their duties, not to exceed ten days for one elction; the manager, clerks and election bailiffs shall each be entitled to one dollar for each election; and the managei or oth- er person who shall carry to the place of voting, away from the court-house, the official ballots, ballot-boxes, poll-books and other necessaries, shall be allowed one dollar for so doing; and the man- ager or other person who acts as returning officer shall be allowed one dollar for that service, all to be allowed by the board of su- pervisors, payable out of the county treasury. WHAT CONSTITUTES QUALIFIED VOTER. Attorney General S. S. Hudson has just handed down an op- inion in which he interprets the law as to the qualifications of a voter. The questions, as there were several of them, were sub- mitted by W. B. Jones, registrar of voters for Madison coun- ty. Interrogatories . "1. Mr. A. is 21 years old and has resided in the state two years, and in the election district one year, but on December 1st, 1910, removed from election district No. 5, voting precinct, Cam- den, to voting precinct, Sharon. Is he entitled to register at the latter precinct for the coming election? "2. When is one entitled to register? "3. Does the word 'taxes' include state and county, municipal, road and street taxes? "4. If one pays his county and state and fails to pay his road and street tax, on or before the first day of February in the year in which he ofers to vote, is he disqualified? 35 Answer to Interrogatory No. 1. Section 241 of the constitution of the state of Mississippi is as follows: "Every male inhabitant of this state, except idiots, insane per- sons, and Indians not taxed, who is a citizen of the United States, 21 years old and upward, who has resided in this state two years, and one year in the election district, or in the incorporated city or town in which he offers to vote, and who is duly registered as provided in this article, and who has never been convicted of brib- ery, burglary, theft, arson, obtaining money or goods under false pretenses, perjury, forgery, embezzlement, or' bigamy and who ha paid on or before the first day of February of the year in which he shall offer to vote, all taxes which may have been legally required of him, and which he has had an opportunity of paying according to law, for the two preceding years, and who shall produce to the officers holding the election satisfactory evidence that he has paid said taxes, is declared to be a qualified elector, but any minister of the gospel in charge of an organized church shall be entitled to vote after six months' residence in the election district, if otherwise qualified." The ostensible purpose in framing this section of the constitu- tion was to disfranchise as many negroes as possible, and the in- junctions delivered by the section, when well unraveled anu con- sidered, became apparent that the negro as a race, would come more clearly within its requirements than any other voter. In the first place the negro is known in our midst, as a nomadic tribe, and as a rule on account of their shiftlessness, none of them will hardly reside in an election precinct more than a year, but drift fr3m plantation to plantation and landlord to landlord; and in that way, very few, if any, on account of residence, as required by tliH section, are qualified electors. Very few. if any, in Missis- sippi have any taxes except a poll; and with no thought of gov- ernment, and in many instances with no disposition, as well as in- ability to pay this tax, they are as a rule delinquents, and are for that reason disqualified. The crimes of burglary, bribery, theft, arson, obtaining money or goods under false pretenses, perjury, forgery, embezzlement, or big- amy, I might say are indigenous to the negro's nature; and, of these of those crimes he is most likely to commit and be guilty of, and in that way thus so many more are deprived of exercising the right of franchise. Turning aside from the purpose which gave birth to this ordi- nance and applying it to all voters, whether white or black, as they exist today in Mississippi, it is necessary in order to make it effective, to read its injunctions as they are written in the ordi- nance and in the light of subsequent legislation upon the subject without reference to who may be affected thereby. In order to answer the first question effectively, as to what is an election district, under the head of "Registration and Election," 36- these two words, "election district" used in the constitution are de- fined in section 4110 of the code of 1906 as follows: "Each county shall be divided into election districts, which shall be the same as those for the election of members of the board of supervisors, or a subdivision thereof; and there shall be only one voting place in each election district, but the election districts and voting places as now fixed in each county shall remain until altered." Sections 4111 and 4112 of the Code treat of the change in the boundaries in the multiplication of the precincts, etc., and require that the registration and poll books shall conform thereto. In looking further into the meaning of "election districts," we find in Vol. 3, "Words and Phrases" page 2339, that it is defined in the general election law as denoting the territory within which there is a single polling place for all of the voters therein; and this definition is supported by Otis v. Lane, 54 Atlantic Report, 4^3; 69 N. J. Law 556; in Re Swain, 23 Atlantic, 421; and I might add other authorities of equal positiveness. But the legislature, by section 4110, removing all doubt as to what they mean by "election district," enable, me to say that it ttieans the voting precinct, and not the general district out of which several voting precincts are carved. The result of it is that if one moves from one voting precinct in a district of a county into another voting precinct other than the one at which he registered, both on the registration book as well as the poll book, he cannot vote unless he has been at the place of his latter residence for one (1) year before he offers to vote and after he has registered. The words "election district" are indefinite. In some instances they might mean districts for the justices of the peace or for the board of supervisors; so the legislature, by section 4110, gave it a definite meaning and provided that it should be the voting place a^l not aa. r ciruir, sc. T ibe rliptrict for other purposes. Ansner to Interrogatory No. 2. Section 4122 of the Code of 1906 is as follows: "The registrar shall keep his books open at his office, and shall register the electors of his county at any time but in the year of every general election, and not less than four months before said election, the registrar shall visit and spend one whole day at each voting precinct in his county, for the purpose of registering voters, after having given notice by publication for three consecutive weks of the times and places of such visits. The registration books shall not be removed from the registrar's office except as herein provided." This, I think, answers the question without any dissertation upon the subject by me. 37 Answer to Interrogatory No. 3. Section 241 supra, uses the words, "all taxes which may have been legally required of him." In examining Vol. 8 "Words and Phrases" under the head of "Tax," under the direction of possibly fifty authorities, they define the word taxes to be "a burden or charge imposed by the legis- lative power upon persons or property to raise money for public purposes." This definition is supported by our own court, in Green vs. Craft, 28 Miss., p. 70. The reason this question is asked me is because some hold to the opinion that the words "all taxes" used by the constitution, do not include road or street taxes, be- cause they have become as a rule, a subject of taxation since the adoption of the constitution. The word "all taxes" as used in the constitution is not only retro-active, but prospective in its effects and application, and is intended to include all public taxes; that is, taxes created by the legislature for public good. Reading the words "all taxes," I should say that I would be enjoined from re- stricting, modifying or extending the words "all taxes," to mean only county and state taxes, which have been levied. The leg- islature, unrestrained by the constitution, has the power to levy all kinds of taxes. To hold otherwise, I should give the words "all taxes" an artificial meaning and supersede the will of the con- stitutional convention. The last legislature added another tax, towit, a dog tax, to the many other taxes already legally imposed. The result of it that I think it would not be wise to tamper with the meaning of the words "all taxes," and leave it to include all taxes which have been or may hereafter be imposed for public pur- poses by the legislature. Under a statute of Kentucky similar to that of our constitution, where the word tax is used, the courts of Kentucky in Vol. 61 6. W. page 362, hold that a street tax comes within the meaning of the word tax used in the statute. Our legislature, according to section 4443 of the Code can impose an additional tax upon all the taxable property of the municipality and county of one mill on the dollar in any one year for road and street purposes and require the tax collector to collect it as other taxes of the county. Other taxes maturing on or before the first of February, street and road taxes would mature on or before the first day of Feb- ruary of the year in which one offers to vote; therefore, should he pay his state and county municipal taxes and fail or decline to pay his street or road tax on or before the first of February, he would be disqualified and could not vote. This authority is also sup- ported by Conn., 32 L. R. A., 822, and several Kansas cases. There are some public taxes imposed by the legislature which do not mature on or before the first day of February in the year in which the person offers to vote; for instance, what is known as a commutation tax which is imposed and the collection of which is prescribed by sections 4443 and 4469 of the Code. Tne au- thorities, however, hold this not to be a tax, because labor may be given in lieu of the tax and because a penalty is prescribed. In Galloway vs. Town of Tavares, 19 So.. 170, the court holds "the word taxes in the absence of clear indication to the contrary, 38 must be considered to refer exclusively to the ordinary public taxes and to be used in the sense of money and not labor or im- posts." The intent is to be deduced from the instrument in which the terms are used. The assessment of road labor or payment of commutation in lieu thereof is not a tax. Therefore, wuetnei or not it matured on or before the first of February would be im- material because it is not a tax. An ordinance of a town in Florida provided that all able-bodied male residents thereof should be subject to work upon the streets and highways of said town for six days in each year which doe* not impose a tax. Under section 4469 and sections governing the operations of this section, one has a right to labor so many days in the year or pay so much money in advance, or to pay so much on notification to work the roads. Under the Code, overseers were appointed from March to March. The result of it is that the commutation tax, if it be a tax at all, it could not mature until March of each year and therefore all commutation taxes levied under our law, whether road taxes or street taxes, cannot be a tax in contemplation of law, and whether paid on or before the first day of February cannot affect the qualification of the voter; but all public taxes maturing on or before the first day of February of the year in which the party offers to vote, whether it is a road, street, county and state, ad valorem, or poll (commutation taxes excepted) if it is not paid on or before the first day of February the party is dis- qualified and cannot vote. UNIVERSITY OF CALIFORNIA LIBRARY THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW MAR 8 19' 5 30m-l,'15 rr, 08668 5J93V80 * 00 /308 UNIVERSITY OF CALIFORNIA LIBRARY