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 STATE OF WASHINGTON 
 
 GENERAL ELECTION LAWS 
 
 COMPILED BY 
 
 SAM H. NICHOLS, 
 
 SECRETARY OF STATE. 
 
 1905 
 
 PUBLISHED BY AUTHORITY, 
 
 INDEXED. 
 
 OLYMPIA, WASH.: 
 
 C. W. GORHAM, PUBLIC PRINTER, 
 
 1905. 
 

STATE OF WASHINGTON. 
 
 GENEKAL ELECTION LAWS 
 
 COMPILED BY 
 
 SAM H. NICHOLS, 
 
 SECRETARY OF STATE. 
 
 19O5 
 
 PUBLISHED BY AUTHORITY 
 
 INDEXED. 
 
 OLYMPIA, WASH.: 
 
 C. W. GORHAM, PUBLIC PRINTER. 
 
 1905. 
 
* * c * * * 
 
 V 2 / ; '..' 
 
 ^ * ' 
 
GENERAL ELECTION LAWS OF THE STATE 
 OF WASHINGTON. 
 
 1. Qualifications of Electors. 
 
 All male persons of the age of twenty-one years, possessing 
 the following qualifications, shall be entitled to vote at all elec- 
 tions : All persons who at the time of the taking effect of this 
 act are qualified electors of this state; all other male persons 
 who are over the age of twenty-one years, citizens of the United 
 States, who have lived in the state one year and in the county 
 ninety days and in the city, town, ward or precinct thirty days 
 immediately preceding the election at which they offer to vote, 
 and who shall be able to read and speak the English language : 
 Provided, That Indians not taxed shall never be allowed the 
 elective franchise. (L. '01, Sec. 1, p. 284.) 
 
 2. Residents Who Are. 
 
 For the purpose of voting, no person shall be deemed to 
 have gained or lost a residence by reason of his presence or ab- 
 sence while employed in the service of the United States, nor 
 while engaged in the navigation of the waters of this territory, 
 or of the United States, or of the high seas ; nor while a student 
 of any seminary of learning, nor while kept at any almshouse 
 or other asylum, nor while confined in any public prison, ex- 
 cepting when serving out a sentence in the penitentiary for an 
 infamous crime. (L. '66, Sec. 2, p. 25.) 
 
 3. Who Disqualified. 
 
 ~No idiot, or insane person, or persons convicted of an in- 
 famous crime, shall be entitled to the privilege of an elector. 
 (L. '66, Sec. 3, p. 25.) 
 
 257175 
 
. 
 
 4 Election Laws of the State of Washington. 
 
 4. Absence on Business. 
 
 Absence from the territory, on business, shall not affect the 
 question of residence of any person: Provided, The right to 
 vote has not been claimed or exercised elsewhere. (L. '66, 
 Sec. 4, p. 25.) 
 
 5. Infamous Crime. 
 
 A crime shall be deemed infamous which is punishable by 
 death or imprisonment in the penitentiary. (L. '66, Sec. 5, 
 p. 25.) 
 
 TIME AND MANNER OF HOLDING ELECTIONS. 
 
 6. Election of Presidential Electors. 
 
 On the Tuesday next after the first Monday of November, 
 in the year eighteen hundred and ninety-two, and on the same 
 day of every fourth year thereafter, there shall be elected by 
 the qualified electors of the State of Washington, as many elect- 
 ors of president and vice-president of the United States as this 
 state may be entitled to elect of senators and representatives in 
 Congress. (L. '91, Sec. 1, p. 364.) 
 
 7. Votes, How to Be Received, Returned, Canvassed, Etc. 
 
 The votes for the electors shall be given, received, returned 
 and canvassed as the same are given, returned and canvassed 
 for members of congress. The Secretary of State shall prepare 
 three lists of the names of the electors elected and affix the 
 seal of the state to the same. Such lists shall be signed by the 
 Governor and Secretary of State, and by the latter delivered 
 to the college of electors at the hour of their meeting, pre- 
 scribed in section three hundred and forty-nine of this volume 
 of General Statutes. (L. '91, Sec. 2, p. 364.) 
 
 8. Electors to Meet, When, Etc. 
 
 The electors of president and vice-president shall convene 
 at the seat of government on the first Wednesday of December 
 
Election Laws of the State of Washington. 
 
 next after their election at the hour of twelve of the clock, at 
 noon of that day, and if there shall be any vacancy in the office 
 of an elector occasioned by death, refusal to act, neglect to at- 
 tend, or otherwise, the electors present shall immediately pro- 
 ceed to fill, by viva voce and plurality of votes, such vacancy ; 
 and when all of the electors shall appear, or the vacancies, if 
 any, shall have been filled as above provided, such shall consti- 
 tute the college of electors of the State of Washington, and 
 shall proceed to perform the duties required of them by the 
 constitution and laws of the United States. (L. '91, Sec. 3, 
 p. 365.) 
 
 [This conflicts with the act of congress on the same subject, which 
 provides "That the electors of each state shall meet and give their votes 
 on the second Monday in January next following their appointment, at 
 such place in each state as the legislature of such state shall direct." 
 Act of February 3, 1887, 24 Stat. L.] 
 
 9. Compensation of Electors. 
 
 Every such elector who shall attend at the time and place 
 appointed, and give his vote for president and vice-president, 
 shall be entitled to receive from this state five dollars for each 
 day's atendance at such meeting of the college of electors, and 
 ten cents per mile for travel in going to and returning from the 
 place where the electors shall meet, on the usually traveled 
 route. (L. '91, Sec. 4, p. 365.) 
 
 10. Biennial Elections to Be Held Day of Election. 
 
 The election of legislative, district, county and precinct 
 officers in this state shall be held on the Tuesday following the 
 first Monday of November, Anno Domini eighteen hundred 
 and eighty-two, and thereafter biennially on the Tuesday next 
 following the first Monday in November ; and all elective state, 
 legislative, district, county and precinct officers shall hereafter 
 be elected at the times herein specified. (L. '81, Sec. 13, p. 3*5.) 
 
 11. Special Elections Defined. 
 
 Special elections are such as are held to supply vacancies in 
 any office, whether the same be filled by the qualified electors 
 
6 Election Laws of the State of Washington. 
 
 of the state or any district, county, or township, and may be 
 held at such time as may be designated by the proper officer. 
 (L. '66, Sec. 2, p. 27.) 
 
 12. Governor to Issue Proclamation. 
 
 It shall be the duty of the Governor, at least sixty days be- 
 fore any general election, to issue his proclamation, designating 
 the offices to be filled by the state at large at such election, and 
 to transmit a copy thereof to the county auditor of each county. 
 (L. '66, Sec. 4, p. 27.) 
 
 13. Form of Election Notice. 
 
 It shall be the duty of each county auditor to give at least 
 thirty days' notice of any general election and at least fifteen 
 days previous to any special election by posting or causing to 
 be posted up, at each place of holding election in the county, 
 a written or printed notice thereof; said notice to be as cir- 
 cumstances will admit, as follows : Notice is hereby given that 
 on the day of next, at , in the district or pre- 
 cinct of - , in the county of -, an election will be held for 
 
 state, county, town or district officers (naming the offices to 
 be filled, as the case may be), which election will be opened at 
 nine o'clock in the morning and will continue until seven 
 o'clock in the afternoon of the same day. Dated this 
 day of - , A. D. 19 . A. B. county auditor. (L. '66, 
 Sec. 6, p. 27.) 
 
 14. Appointment of Election Officers. 
 
 It shall be the duty of the county commissioners, at their 
 regular session held previous to the day of holding the general 
 election, to appoint for each precinct, from the qualified elect- 
 ors of said precinct, one inspector and two judges, who shall 
 constitute a board of judges of election. In case said board 
 be not appointed for any precinct by the board of county com- 
 missioners, as specified in this section, or those appointed in 
 accordance with this section shall not be present at the place 
 designated by the county commissioners in a precinct for 
 
Election Laws of the State of Washington. 7 
 
 holding the polls at the hour to open the polls, the electors 
 present may appoint a board of judges for such precinct. 
 (L. '66, Sec. 2, p. 30.) 
 
 15. Appointment of Clerks of Election. 
 
 The inspector and judges for each precinct having more 
 than one hundred voters shall, before the time of opening the 
 polls, appoint two suitable persons to act as clerks, who shall 
 be qualified electors: Provided, That in precincts having 
 less than one hundred voters the said judges shall keep a tally 
 of the voters voting at said election, and shall perform all of 
 the duties pertaining to and required to be performed by the 
 clerks of elections: And provided further, That each of the 
 recognized political parties may have one challenger at the 
 polls of each voting precinct. (L. '95, Sec. 1, p. 386.) 
 
 1 6. Oath of Election Officers, How to Be Administered. 
 
 The inspector, judges and clerks aforesaid shall, before 
 entering upon the duties of their offices, severally take and sub- 
 scribe the oath or affirmation hereinafter directed, which shall 
 be administered to them by any person authorized to ad- 
 minister oaths, but if no such person be present, the inspector 
 shall administer the same to the judges and clerks, and one 
 of the judges shall administer the oath to the inspector. (L. 
 '66, Sec. 4, p. 31.) 
 
 17. Oath of Inspector. 
 
 The following shall be the form of the oath, or affirmation, 
 to be taken by each inspector: I, A B, do swear (or affirm) 
 that I will duly attend the ensuing election during the con- 
 tinuance thereof as an inspector, and that I will not receive 
 any ticket or vote from any person other than such as I shall 
 firmly believe to be according to the provisions of the laws of 
 this state entitled to vote at such election without requiring 
 such evidence of the right to vote as is directed by law; nor 
 will I vexatiously delay or refuse to receive any vote from any 
 person whom I shall believe to be entitled to vote as aforesaid ; 
 
8 Election Laws of the State of Washington. 
 
 but that I will in all things truly, impartially and faithfully 
 perform my duty therein to the best of my judgment and abili- 
 ties ; and that I am not directly or indirectly interested in any 
 bet or wager on the result of this election. (L. '66, Sec. 5, 
 p. 31.) 
 
 18. Oath of Judges. 
 
 The following shall be the oath or affirmation of each 
 judge: We, A B, do - that we will as judges duly at- 
 tend the ensuing election during the continuance thereof and 
 faithfully assist the inspector in carrying on the same; that 
 we will not give our consent that any vote or ticket shall be 
 received from any person other than such as we firmly believe 
 to be according to the law of the state entitled to vote at such 
 election; and that we will make a true and perfect return of 
 the said election, and will in all things truly, impartially and 
 faithfully perform our duty respecting the same to the best 
 of our judgment and abilities; and that we are not directly 
 or indirectly interested in any bet or wager on the result of 
 this election. (L. '66, Sec. 6, p. 31.) 
 
 19. Oath of Clerks. 
 
 The following shall be the form of the oath to be taken 
 by the clerks, viz. : We, and each of us, A B, do - that 
 we will impartially and truly write down the name of each 
 elector who shall vote at the ensuing election, and also the 
 name of the county and precinct wherein such elector resides ; 
 and carefully and truly write down the number of votes that 
 shall be given for each candidate at the election as often as 
 his name shall be read to us by the inspector thereof, and in 
 all things truly and faithfully perform our duty respecting 
 the same to the best of our judgment and abilities; and that 
 we are not directly or indirectly interested in any bet or 
 wager on the resul of this election. (L. '66, Sec. 7, p. 32.) 
 
 20. Oaths to Be Certified by Person Administering Same, and Returned. 
 
 It shall be the duty of the county auditor to make out two 
 copies of each of the said oaths or affirmations for each elec- 
 
Election Laws of the State of Washington. 9 
 
 tion precinct, which shall be severally subscribed by the in- 
 spector and judges and clerks in the precincts where clerks 
 are employed, and the said oaths or affirmations shall be certi- 
 fied under the hand of the person by whom they shall be ad- 
 ministered, and one of the said oaths or affirmations shall 
 be placed with the election returns to be returned to the 
 county auditor. (L. '95, Sec. 2, p. 386.) 
 
 21. Inspector to Be Chairman. 
 
 The inspector shall be chairman of the board, and, after 
 its organization, shall have power to administer all necessary 
 oaths which may be required in the progress of the election. 
 He shall also have power to fill any vacancy that may occur 
 in the board of judges, or by absence or refusal to serve of 
 either of the clerks, after the polls shall have been opened. 
 (L. -66, Sec. 9, p. 32.) 
 
 BALLOTS AND NOMINATION OF CANDIDATES. 
 
 22. Ballots to Be Printed and Distributed at Public Expense. 
 
 All ballots cast at elections for public officers within this 
 state (except school and irrigation district officers and road 
 overseers), shall be printed and distributed at public expense 
 as hereinafter provided. The printing of ballots and cards 
 of instruction for the electors in each county, and the delivery 
 of the same to the electron officers, as hereinafter provided, 
 shall be a county charge, the payment of which shall be pro- 
 vided for in the same manner as the payment of other county 
 expenses; but the expense of printing and delivering the bal- 
 lots shall, in the case of municipal elections, be a charge upon 
 the city or town in which such election shall be held. (L. 
 '90, Sec. 1, p. 400.) 
 
 23. Candidates for Office, How Nominated. 
 
 Any convention, primary meeting, or primary election, 
 as hereinafter defined, held for the purpose of making nom- 
 
10 Election Laws of the State of Washington. 
 
 inations for public office, and also electors to the number here- 
 inafter specified, may nominate candidates for public office, 
 to be filled by election within the state. A convention, or 
 primary meeting, within the meaning of this chapter, is an 
 organized assemblage of electors or delegates, representing a 
 political party or principle; and a primary election is a le- 
 gally conducted election for the nomination of candidates 
 for public office. (L. '90, Sec. 2, p. 400.) 
 
 24. Nominations, How to Be Certified. 
 
 All nominations made by such convention, primary meet- 
 ing, or primary election, shall be certified as follows: The 
 certificate of nomination, which shall be in writing, shall con- 
 tain the name of each person nominated, his residence, his 
 business, his address, and the office for which he is named, 
 and shall designate in not more than five words the party or 
 principle which such convention, primary meeting or primary 
 election represents, and it shall be signed by the presiding 
 officer and secretary of such convention, or primary meeting, 
 or, in case of a primary election, by one of the judges and the 
 clerk thereof, who shall add to their signatures their respec- 
 tive place of residence, their business, and addresses. Such 
 certificate made out as herein required shall be delivered by 
 the secretary or president of such convention or primary 
 meeting, clerk or judge, of the primary election, to the Secre- 
 tary of State, or the clerk of the board of county commis- 
 sioners, as hereinafter required. (L. '90, Sec. 3, p. 400.) 
 
 25. Filing of Certificates of Nomination. 
 
 Certificates of nomination of candidates for offices to be 
 filled by the electors of the entire state, or of any division or 
 district greater than a county, shall be filed with the Secre- 
 tary of State. Certificates of nomination for county and 
 precinct officers shall be filed with the clerks of the boards of 
 county commissioners of the respective counties wherein the 
 officers are to be elected. Certificates of nomination for mu- 
 nicipal offices shall be filed with the clerks of the respective 
 
Election Laws of the State of Washington. 11 
 
 municipal corporations wherein the officers are to be elected. 
 The certificate of a nomination for an office in a district com- 
 posed of more than one county shall be filed in the offices of 
 the clerks of the boards of county commissioners of all the 
 counties to be represented by such joint officer or member. 
 (L. '90, Sec. 4, p. 401.) 
 
 26. Candidates, How Nominated Otherwise Than by Convention or 
 
 Primaries. 
 
 Candidates for public office may be nominated otherwise 
 than by convention or primary meeting, or primary election, 
 in the manner following: A certificate of nomination con- 
 taining the name of the candidate for the office to be filled, 
 with such information as is required to be given in certificates 
 provided for in section 365 of volume I, Hill's Annotated Codes 
 and Statutes of Washington, shall be signed by electors resid- 
 ing within the district or political division in and for which 
 the officer or officers are to be elected, in the following num- 
 bers: The number of signatures shall not be less than one 
 thousand, when the nomination is for an office to be filled by 
 the electors of the entire state; and not less than three hun- 
 dred when the election is for an office to be filled by the elect- 
 ors of a county, district or other division less than a state, and 
 not less than twenty-five when the nomination is for an office 
 to be filled by the electors of a township, precinct or ward: 
 Provided, That the said signatures need not all be appended 
 to one paper. Each elector signing a certificate shall add to 
 his signature his place of residence, his business and his ad- 
 dress. Such certificate may be filed as provided for in sec- 
 tion 306 of volume I, Hill's Annotated Statutes and Codes of 
 Washington, in the same manner and with the same effect as 
 a certificate of nomination made by a party convention, pri- 
 mary meeting or primary convention. (L. ? 95, Sec. 3, p. 
 387.) 
 
 27. Nominations Restricted; Certificates to Contain One Name. 
 
 ~No certificate of nomination shall contain the name of 
 more than one candidate for each office to be filled. No per- 
 
12 Election Laws of the State of Washington. 
 
 son shall join in the nomination of more than one person for 
 each office to be filled, and no person shall accept a nomina- 
 tion to more than one office. (L. ? 90, Sec. 6, p. 402.) 
 
 28. Duty of Secretary of State and Clerk of Commissioners Election 
 
 Precincts 
 
 The Secretary of State and the clerks of boards of county 
 commissioners of the several counties and of the several mu- 
 nicipal corporations shall cause to be preserved in their re- 
 spective offices for six months all certificates of nomination 
 filed in their respective offices under the provisions of this 
 chapter. All such certificates shall be open to public inspec- 
 tion under proper regulations, to be made by the officers with 
 whom the same are filed. The board of county commission- 
 ers of each county in the state shall, at their first session after 
 the taking effect of this chapter, divide their respective coun- 
 ties into election precincts, and establish the boundaries of 
 the same. Such board of commissioners shall designate one 
 voting place in each precinct, and each precinct shall contain 
 two hundred and fifty electors, or less, based on the number 
 of votes cast at the last general election; but no precinct shall 
 contain more than three hundred electors. If at any election 
 hereafter three hundred or more votes shall be cast at any 
 voting place, it shall be the duty of the inspector in such pre- 
 cinct to report the same to the board of county commissioners, 
 who shall, at their next regular meeting, divide such precinct 
 as nearly as possible so that the new precincts formed thereof 
 shall each contain two hundred and fifty electors, as nearly 
 as practicable. (L. '90, Sec. 7, p. 402.) 
 
 29. When to File Certificates of Nomination. 
 
 Certificates of nomination to be filed with the Secretary 
 of State shall be filed not more than sixty days and not less 
 than thirty days before the day fixed by law for the election 
 of the persons in nomination. Certificates of nomination 
 herein directed to be filed with the clerk of the board of 
 county commissioners shall be filed not more than sixty days 
 
Election Laws of the State of Washington. 13 
 
 and not less than twenty days before the election. Certificates 
 for the nomination of candidates for municipal offices shall 
 be filed with the clerks of the respective municipal corpora- 
 tions not more than thirty days and not less than three days 
 previous to the day of election: Provided, That the provis- 
 ions of this section shall not be held to apply to nominations 
 for special elections to fill vacancies caused by death, resig- 
 nation or otherwise. (L. ? 90, Sec. 8, p. 403.) 
 
 30. Secretary of State to Certify Names of Nominees. 
 
 "Not less than twenty nor more than thirty days before 
 an election to fill any state or district office, the Secretary of 
 State shall certify to the clerk of the board of county commis- 
 sioners of each county within which any of the electors may 
 by law vote for candidates for such office, the name and place 
 of residence of each person nominated for such office, as speci- 
 fied in the certificates of nomination filed with the Secretary 
 of State. (L. '90, Sec. 9, p. 403.) 
 
 31. Publication of Nominations. 
 
 At least ten days before an election to fill any public of- 
 fice other than a municipal office, the clerk of the board of 
 county commissioners of each county shall cause to be pub- 
 lished in one or more newspapers within the county the nom- 
 inations to office certified to him under the provisions of this 
 chapter. The clerk of the board of county commissioners 
 shall make such publications daily, until the elections, 
 in counties where daily newspapers are published ; but if there 
 be. no daily newspaper published within the county, two pub- 
 lications in each newspaper will be sufficient; and if there 
 be no newspaper published in any county, written or printed 
 notices shall be posted in not less than three conspicuous places 
 in such precinct. One of such publications in each newspaper 
 shall be upon the last day upon which such newspaper is is- 
 sued before election. In the case of municipal elections, 
 such publications shall be made in one or more newspapers 
 devoted to the dissemination of general news, and published 
 
14 Election Laws of the State of Washington. 
 
 within the municipal corporation in which the election is to 
 be held, at least three days before the election, the publication 
 to be daily, until election, where there are daily newspapers; 
 but if there be no daily newspaper published within the mu- 
 nicipal corporation, one publication in each newspaper shall 
 be sufficient, and if there be no newspaper, the notice shall be 
 posted as above provided. (L. 7 90, Sec. 10, p. 403.) 
 
 32. Nominations Void if Declined in Writing. 
 
 Whenever any person nominated for public office, as in 
 this chapter provided, shall, at least twenty days before elec- 
 tion, except in the case of municipal elections, in a writing 
 signed by him, notifying the officer with whom the certificate 
 nominating him is by this chapter required to be filed, that 
 he declines such nomination, such nomination shall be void. 
 In municipal elections such declination must be made at least 
 two days before the election. (L. '90, Sec. 11, p. 404.) 
 
 33. Filling of Vacancies, Nominations for. 
 
 Should any person so nominated die before the printing 
 of the tickets, or decline the nomination as in this chapter 
 provided, or should any certificate of nomination be or be- 
 come insufficient or inoperative from any cause, the vacancy 
 or vancancies thus occasioned may be filled in the manner 
 required for original nominations. If the original nomina- 
 tion was made by a party convention which had delegated to 
 a committee the power to fill vacancies, or by primary elec- 
 tion, the committee of the political party he represents may 
 upon the occurring of such vacancy, proceed to fill the same. 
 The chairman and secretary of such committee shall there- 
 upon make and file with the proper officer a certificate setting 
 forth the cause of the vacancy, the name of the person nomin- 
 ated, the office for which he was nominated, the name of the 
 person for whom the new nominee is to be substituted, the 
 fact that the committee was authorized to fill vacancies, and 
 such further information as is required to be given in an 
 
Election Laws of the State of Washington. 15 
 
 original certificate of nomination. The certificate so made, 
 shall be executed in the manner prescribed for the original 
 certificate of nomination, and shall have the same force and 
 effect as an original certificate of nomination. When such 
 certificate shall be filed with the Secretary of State, he shall, 
 in certifying the nominations to the various county clerks* 
 insert the name of the person who has thus been nominated 
 to fill a vacancy in the place of that of the original nominee. 
 And in the event that he has already sent forth his certificate, 
 he shall forthwith certify to the clerks of the boards of county 
 commissioners of the proper counties the name and place of 
 residence of the person so nominated to fill a vacancy, the 
 office he is nominated for, the party or political principle he 
 represents, and the name of the person for whom such nomi- 
 nee is substituted. (L. '90, Sec. 12, p. 404.) 
 
 34. Stickers to Be Used. 
 
 When any vacancy occurs before election day and after 
 the printing of the tickets and any person is nominated ac- 
 cording to the provisions of this chapter to fill such vacancy, 
 the officer whose duty it is to have the tickets printed and dis- 
 tributed, shall thereupon have printed a requisite number of 
 stickers and shall mail them by registered letter to the judges 
 of election in the various precincts interested in such election, 
 and the judges of election whose duty it is made by the pro- 
 visions of this chapter to distribute the tickets shall affix 
 such stickers in the proper place on each ticket before it is 
 given out to the elector. (L. '90, Sec. 13, p. 405.) 
 
 35. Submission of Questions for Popular Vote. 
 
 Whenever a proposed constitution or constitutional amend- 
 ment, or other question, is to be submitted to the people of the 
 state for popular vote, the Secretary of State shall duly, and 
 not less than thirty days before election, certify the same to 
 the clerk of the board of county commissioners of each county 
 in the state, and the clerk of the board of county commission- 
 
 *Clerk of Board of County Commissioners. 
 
16 Election Laws of the State of Washington. 
 
 ers of each county shall include the same in the publication 
 provided for in section three hundred and seventy-two of this 
 volume of General Statutes. Questions to be submitted to 
 the people of a county or municipality shall be advertised as 
 provided for nominees for offices by said section. (L. '90, 
 Sec. 14, p. 405.) 
 
 36. Commissioners to Provide Ballot Boxes, Etc. None but Official 
 
 Ballots to Be Used. 
 
 Except as in this chapter otherwise provided, it shall be 
 the duty of the clerk of the board of county commissioners of 
 each county to provide ballot boxes, or pouches, printed bal- 
 lots, and duplicate poll books for every election for public of- 
 ficers in which electors, or any of the electors within the 
 county, participate, and to cause to be printed on the ballot 
 the name of every candidate whose name has been certified to 
 or filed with the county auditor in the manner provided for in 
 this chapter. Ballots other than those printed by the respec- 
 tive clerks of boards of county commissioners, according to the 
 provisions of this chapter, shall not be cast or counted in any 
 election. Nothing in this chapter contained shall prevent any 
 voter from writing or pasting on his ballot the names of any 
 person for whom he desires to vote for any office, and such vote 
 shall be counted, the same as if printed upon the ballot and 
 and marked by the voter, and any voter may take with him into 
 the polling place any printed or written memorandum or paper 
 to assist him in marking or preparing his ballot, except as 
 hereinafter otherwise provided. (L. '05, Sec. 1, p. 64.) 
 
 37. Exceptions as to Election of Certain Officers. 
 
 Election for school and irrigation district officers and road 
 overseers are excepted from the provisions of the preceding 
 section, and in all municipal elections the duties specified in 
 the preceding section as devolving on the clerk of the board of 
 county commissioners shall devolve on the municipal clerk. 
 (L. '90, Sec. 16, p. 406.) 
 
Election Laws of the State of Washington. 17 
 
 38. Ballots to Be Printed, and What to Contain. 
 
 All ballots prepared under the provisions of this chapter 
 shall conform to the following requirements: 
 
 First. Shall be of white and a good quality of paper, and 
 the names shall be printed thereon in black ink. 
 
 Second. Every ballot shall contain the name of every 
 candidate whose nomination for any office specified in the 
 ballot has been filed according to the provisions of this act 
 and no other names. 
 
 Third. All nominations of any party or group of peti- 
 tioners shall be placed under the title of such party or petition- 
 ers as designated by them in their certificate of nomination 
 or petition, and the name of each nominee shall be placed 
 under the designation of the office for which he has been nom- 
 inated. 
 
 Fourth. There shall be a Q under the party designa- 
 tion and a _| at the right of the name of each of its nomi- 
 nees so that the voter may clearly indicate the party or the 
 candidate or the candidates for whom he wishes to cast his 
 ballot; the circle shall be one-half inch in diameter and the 
 square one-forth of an inch. The size of type for the desig- 
 nation of the office shall be nonpareil caps ; that of the candi- 
 dates not smalled than brevier or larger than small pica caps 
 and shall be connected with squares by leaders. 
 
 Fifth. The list of candidates of the requblican party 
 shall be placed in the first column of the left-hand side of the 
 ballot, the democratic party the second column and of other 
 party [parties] in the order in which the certificates of nomi- 
 nation have been filed. 
 
 The line of demarcation between the party columns shall 
 be inverted nonpareil rule. 
 
 If any of the above named parties shall fail to nominate 
 a ticket, the name of such partv shall not appear upon the 
 ballot. 
 
 Sixth. 2s"o candidates' [candidate's] name shall appear 
 2 
 
18 Election Laws of the State of Washington. 
 
 more than once upon the ballot: Provided, That any candi- 
 date who has l^een nominated by two or more political parties 
 may, upon a written notice filed with the clerk of the board 
 of county commissioners at least" twenty days before the elec- 
 tion is to be held, designate the political party under whose 
 title he desires to have his name placed. 
 
 Seventh. Under the designation of the office if more than 
 one candidate is to be voted for there shall be indicated the 
 number of candidates to such office to be voted for at such 
 election. 
 
 Eighth. Upon each official ballot a perforated line one- 
 half inch from the left hand edge of said ballot shall extend 
 from the top of said ballot towards the bottom of the same two 
 inches thence to the left hand edge of the ballot and upon the 
 space thus formed there shall be no printing except the num- 
 ber of such ballot, which shall be upon the back of such space 
 in such position that it shall appear on the outside when the 
 ballot is folded. The county auditor shall cause official bal- 
 lots to be numbered consecutively beginning with number 1, 
 for each separate voting precinct. 
 
 Ninth. Official ballots for a given precinct shall not con- 
 tain the names of nominees for justices of the peace and con- 
 stables of any other precinct except in cases of municipalities 
 where a number of precincts vote for the same nominee for 
 justices of the peace and constables, and in the latter case the 
 ballots shall contain only the names to be voted for by the 
 electors of such precinct. Each party column shall be two and 
 five-eighths inches wide. 
 
 Tenth. On the top of each of said ballots and extending 
 across the party groups, there shall be printed instructions di- 
 recting the voters how to mark the ballot before the same shall 
 be deposited with the judges of election. ISText after the in- 
 structions and before the party group shall be placed the ques- 
 tions of adopting constitutional amendments or any other ques- 
 tion authorized by law to be submitted to the voters of such 
 election. The arrangement of the ballot shall in general con- 
 form as nearly as possible to the form hereinafter given. (L. 
 '01, Sec. 1, p. 186.) 
 
Election Laws of the State of Washington. 
 
 19 
 
 (BALLOT.) 
 
 INSTRUCTIONS. Mark X in O under party name, for whose candidate you wish to 
 vote. 
 
 If you desire to vote for any other candidate of any other party, place X in I I 
 at the right of the name of such candidate. 
 
 ( Here place any state or local question to be voted on.) 
 
 REPUBLICAN TICKLT. 
 
 DEMOCRATIC TICKET. 
 
 PROHIBITION TICKET. 
 
 O 
 
 O 
 
 O 
 
 PRESIDENTIAL ELECTORS. 
 
 S. G. COSGROVE Q 
 
 F. W. HASTINGS D 
 
 C. SWEENEY D 
 
 J. BO YD D 
 
 REPRESENTATIVES IN CONG. 
 
 F. W. CUSHMAN D 
 
 W. L. JONES D 
 
 JUDGES SUPREME COURT. 
 
 W. MOUNT D 
 
 R. O. DUNBAR D 
 
 GOVERNOR. 
 J. M. FRINK .. ...D 
 
 LIEUTENANT GOVERNOR. 
 H. MCBRIDE . . . . . 
 
 SECRETARY OF STATE. 
 
 S. H. NICHOLS D 
 
 STATE TREASURER. 
 C. W. MAYNARD 
 
 STATE AUDITOR. 
 J. D. ATKINSON 
 
 ATTORNEY GENERAL. 
 W. B. STRATTON D 
 
 SUPT. PUBLIC INSTRUCTION. 
 R. B. BRYAN .. 
 
 COM. PUBLIC LANDS. 
 S. A. CALL VERT 
 
 STATE SENATOR 18TH. DIST. 
 A. S. RUTH D 
 
20 Election Laws of the State of Washington. 
 
 39. Duty of Clerk of Board of County Commissioners. 
 
 Whenever the Secretary of State has duly certified to the 
 clerk of the board of county commissioners any question to 
 be submitted to the vote of the people, the clerk of the board 
 of county commissioners shall have printed on the regular 
 ballots, at the bottom thereof, the question in such form as 
 will enable the electors to vote upon the questions so presented 
 in the manner hereinafter provided. The clerk of the board 
 of county commissioners shall also prepare the necessary bal- 
 lots in the same manner whenever any question is by law to 
 be submitted to the vote of the electors of any locality, and not 
 of the state generally: Provided, however, That in all ques- 
 tions submitted to the voters of a municipal corporation alone, 
 it shall be the duty of the city, or town clerk to provide the 
 necessary ballots. (L. '95, Sec. 4, p. 387.) 
 
 40. Number of Ballots for Each Precinct. 
 
 The clerk of the board of county commissioners of each 
 county shall provide for each election precinct in the county 
 two ballots for each elector registered in the precinct, and two 
 tallying books, that shall be printed in relation with the tickets. 
 If there is no register in the precinct, the clerk of the board of 
 county commissioners shall provide ballots to the number of 
 two for every elector who voted at the last preceding election 
 in, the precinct: Provided, however, That in municipal elec- 
 tions it shall be the duty of the city or town clerk to provide 
 tickets as specified in this section. (L. '95, Sec. 5, p. 390.) 
 
 41. Surplus Ballots to Be Destroyed by Judges Before Counting Ballots 
 
 Cast. 
 
 It is hereby made the duty of the judges of election for 
 each election precinct immediately upon the closing of the 
 polls, and before the ballots are counted, to destroy all unused 
 ballots furnished for use at such precinct. (L. '93, Sec. 2, p. 
 222.) 
 
 42. Error or Omission of Name From Ballot, How Cured. 
 Whenever it shall appear by affidavit that an error or 
 
 omission has occurred in the publication of the names of the 
 
Election Laws of the State of Washington . 21 
 
 candidates nominated for office, or in the printing of the bal- 
 lots, the superior court of the county may, upon application 
 of any elector, by order, require the clerk of the board of 
 county commissioners or municipal clerk to correct such error 
 or to show cause why such error should not be corrected. (L. 
 '00, Sec. 19, p. 407.) 
 
 43. Clerks to Furnish Ballots Before Polls Open. 
 
 Before the opening of the polls, the clerk of the board of 
 county commissioners (or the municipal clerk in the case of 
 municipal election) shall cause to be delivered to the judges of 
 election of each election precinct which is within the county 
 (or within the municipality in case of municipal elections), 
 and in which the election is to be held, at the polling place of 
 the precinct, the proper number of ballots provided for in 
 section five of this act. The ballots shall be given to the in- 
 spector of each election precinct ; but in case it may be imprac- 
 ticable to deliver such ballots to the inspector, then they may 
 be delivered to one of the judges of election of any such pre- 
 cinct, and in making the appointment of judges of election 
 under this chapter and other election laws of this state, not 
 more than a majority of such judges of election shall be ap- 
 pointed from any one political party for each precinct. (L. 
 '05, Sec. 6, p. 390.) 
 
 44. Inspectors to Provide Polling Places Division of Precincts. 
 
 The inspectors of election shall provide in their respective 
 polling places a sufficient number of places, booths or compart- 
 ments, which shall be furnished with such supplies and con- 
 veniences as shall enable the voter conveniently to prepare his 
 ballot for voting and in which electors may mark their ballots 
 screened from observation, and a guard rail so constructed that 
 only persons within such rail can approach within fifty feet 
 of the ballot boxes, or the places, booths or compartments 
 herein provided for. The number of such places, booths or 
 compartments shall not be less than one for every fifty electors 
 or fraction thereof registered in the precinct, or voting at the 
 
22 Election Laws of the State of Washington. 
 
 last preceding election, where there is no registration. In 
 precincts containing less than twenty-five voters, the election 
 may be conducted under the provisions of this chapter with- 
 out the preparation of such booths or compartments as re- 
 quired in this section. No person other than electors engaged 
 in receiving, preparing or depositing their ballots^ or a person 
 present for the purpose of challenging the vote of an elector 
 about to cast his ballot, shall be permitted within said rail, 
 and in case of small precincts where places, booths or com- 
 partments are not required, no person or persons engaged in 
 preparing his or their ballots shall in any way be interfered 
 with by any person, unless it be some one authorized by the 
 provisions of this chapter to assist him or them in preparing 
 his or their ballot. The expense of providing such places or 
 compartments and guard rails shall be a public charge and 
 shall be provided for in the same manner as the other election 
 expenses. On or before the first day of September of each 
 year in which an election is to be held, the officers now charged 
 by law with the division or alteration of election precincts 
 shall, as far as necessary, alter or divide the existing election 
 precincts in such manner that each election precinct shall not 
 contain more than three hundred voters. (L. ? 90, Sec. 21, 
 p. 408.) 
 
 45. Delivery of Ballot to Elector. 
 
 At any election it shall be the duty of the inspector, or one 
 of the judges of election, to deliver ballots to the qualified 
 electors. Any elector desiring to vote shall give his name to the 
 inspector or one of the judges, who shall then, in an audible 
 tone of voice, announce the same, whereupon a challenge may 
 be interposed or if the challenge be overruled, the inspector 
 or one of the judges shall give him a ballot, at the same time 
 calling to the clerks of election the number of such ballot. In 
 precincts where there is a registration of voters, it shall be the 
 duty of such clerks to write the number of the ballot against 
 the name of such elector as the same appears upon the certified 
 
Election Laws of the State of Washington. 23 
 
 <-opy of poll books of registration in their possession. In pre- 
 cincts where there are no registration of voters, it shall be 
 the duty of the clerks to transcribe the name of the elector in 
 the poll books, and against snch name the number of the bal- 
 lot delivered to the elector. Each qualified elector shall be 
 entitled to receive from the said judges one ballot. (L. '95, 
 Sec. 7, p. 391.) 
 
 46. Details of Preparation of Ballot by Voter. 
 
 On receipt of his ballot the elector shall forthwith and 
 without leaving the polling place retire alone to one of the 
 places, booths or apartments provided to prepare his ballot. 
 If he desires to vote for all of the candidates of any political 
 party he may mark a cross "X" after the name, against the 
 political designation of such party, and shall then be deemed 
 to have voted for all the persons named as the candidates of 
 such party. If he desires to vote for any particular candidate 
 of any other political party he may do so by placing after the 
 name of such candidate a mark "X" : Provided, That if one 
 or more candidates for such office are to be elected, then such 
 voter shall place his mark "X" after the name of each of the 
 candidates for whom he wishes to vote for that particular office, 
 and in that case such voter shall then be deemed to have voted 
 for all the persons named as the candidates of the political 
 party after which he shall have made his mark "X," except 
 those who are otherwise designated as herein provided. Each 
 elector may prepare his ballot by marking a cross "X" after 
 the name of each person or candidate for whom he wishes to 
 vote. In case of a. ballot containing a constitutional amend- 
 ment or other question to be submitted to the vote of the people 
 the voter shall mark a cross "X" after the question, for or 
 against the amendment or proposition, as the case may be. 
 Any elector may write in the blank spaces, or paste over any 
 other name, the name of any person for whom he may wish 
 to vote. Before leaving the booth or compartment the elector 
 shall fold his ballot in such a manner that the number of the 
 
24 Election Laws of the State of Washington. 
 
 ballot shall appear on the outside thereof, without displaying 
 the marks on the face thereof, and he shall keep it folded un- 
 til he has voted. Having folded the ballot, the elector shall 
 deliver it folded to the inspector, who shall, in an audible tone 
 of voice, repeat the name of the elector and the number of the 
 ballot. The election clerks having certified copies of the poll 
 books of registration or poll books in charge, shall, if they 
 find the number marked opposite the elector's name on the 
 registration or poll books to correspond with the number of 
 the ballot handed to the inspector, mark opposite the name of 
 such elector the word "Voted," and one of the clerks shall call 
 back, in an audible tone, the name of the elector and the num- 
 ber of his ballot. The inspector shall separate the slip contain- 
 ing the number of the ballot from the ballot and shall deposit 
 the ballot in the ballot box. The numbers removed from bal- 
 lots shall be immediately destroyed. (L. '95, Sec. 8, p. 391.) 
 
 47. One Person to Occupy Booth. 
 
 Not more than one person shall be permitted to occupy any 
 one booth at one time, and no person shall remain in or oc- 
 cupy a booth or compartment longer than may be necessary to 
 prepare his ballot, and in no event longer than five minutes: 
 Provided, That the other booths or compartments are occupied. 
 (L. '90, Sec. 24, p. 410.) 
 
 48. In Case of Spoiled Ballot, Voter to Receive Another. 
 
 Any voter who shall by accident or mistake spoil his ballot, 
 may, on returning said spoiled ballot, receive another in place 
 thereof. (L. '90, Sec. 25, p. 410.) 
 
 49. Assistance to Illiterate or Disabled Voter. 
 
 Any voter who declares to the judges of election, or when 
 it shall appear to the judges of election that he can not read, 
 and was at the time of the taking effect of this act a qualified 
 voter, or that by blindness or other physical disability he is 
 unable to mark his ballot, shall upon request receive the as- 
 sistance of one or two of the election officers in the marking 
 
Election Laws of the State of Washington. 25 
 
 thereof, and such officer or officers shall certify on the outside 
 thereof that it has been so marked with his or their assistance, 
 and shall thereafter give 110 information regarding the same. 
 The judges may in their discretion require from such other 
 person so offering to vote a declaration of such disability, that 
 he was at the time of the taking effect of this act a qualified 
 elector and of his disability to read and speak the English 
 language, to be made by the voter under oath before them and 
 they are hereby qualified to administer the same. No elector, 
 other than the voter, who may, because of his inability to 
 read, or physical disability, be unable to mark his ballot, shall 
 divulge to any person within the polling place the name of 
 any candidate for 'whom he intends to vote or ask or receive 
 the assistance of any one within the polling place in the prep- 
 aration of his ballot. (L. '90, Sec. 26, p. 410.) 
 
 50. Instructions to Electors to Be Printed and Posted. 
 
 The clerk of the board of county commissioners of each 
 county shall cause to be printed in large type on cards, in 
 English, instructions for the guidance of electors in preparing 
 their ballots. He shall furnish ten such cards to the judges of 
 election of each election precinct, and one additional card for 
 each fifty electors or fractional part thereof in the precinct, 
 at the same time and in the same manner as the printed bal- 
 lots. The judges of election shall post not less than one of 
 such cards in each place or compartment provided for the 
 preparation of ballots, and not less than three of such cards 
 elsewhere in and about the polling places, upon the day of 
 election. Such cards shall be printed in large, clear type, and 
 shall contain full instructions to the voters as to what should 
 be done, viz: 
 
 1. To obtain ballots for voting. 
 
 2. To prepare the ballots for deposit in the ballot boxes. 
 
 3. To obtain a new ballot in the place of one spoiled by 
 accident or mistake. (L. '95, Sec. 9, p. 3>92.) 
 
26 Election Laws of tlie State of Washington. 
 
 51. What Ballots Are Void and Shall Not Be Counted. 
 
 In the canvass of the votes, any ballot or parts of a ballot 
 found which it is impossible to determine the elector's choice 
 shall be void and shall not be counted: Provided, That when 
 a ballot is sufficiently plain to gather therefrom a part of the 
 voter's intention, it shall be the duty of the judges of election 
 to count such part. (L. '95, Sec. 10, p. 393.) 
 
 52. Fraud as to Certificates of Nominations or Ballots Is Felony. 
 
 Any person who shall falsely make, or make oath to, or 
 fraudulently deface or fraudulently destroy any certificate of 
 nomination, or any part thereof, or file or receive for filing 
 any certificate of nomination, knowing the same or any part 
 thereof to be falsely made, or suppress any certificate of nom- 
 ination which has been duly filed, or any part thereof, or forge 
 or falsely make the official indorsement on any ballot, shall be 
 deemed guilty of a felony, and upon conviction thereof, in any 
 court of competent jurisdiction, shall be punished by impris- 
 onment in the penitentiarv for a period of not less than one 
 year nor more than five years. (L. 7 90, Sec. 30, p. 411.) 
 
 53. Defacing or Destroying Supplies, Etc., How Punished. 
 
 Any person who shall during the election wilfully remove 
 or destroy any of the supplies or other conveniences placed 
 in the booths or compartments for the purpose of enabling the 
 voter to prepare his ballot, or prior to or on the day of election 
 wilfully deface or destroy any list of candidates posted in ac- 
 cordance with the provisions of this chapter, or who shall dur- 
 ing an election tear down or deface the cards printed for the 
 instruction of voters, shall be deemed guilty of a misdemeanor, 
 and upon conviction thereof in any court of competent juris- 
 diction, shall be fined in any sum not exceeding one hundred 
 dollars. (L. '90, Sec. 31, p. 412.) 
 
 54. Duty of Public Officers at Elections, Punishment for Violation of. 
 
 Any public officers upon whom any duty is imposed by 
 this chapter, who shall wilfully do or perform any act or 
 
Election Laws of the State of Washington. 27 
 
 thing herein prohibited, or wilfully neglect or omit to per- 
 form any duty as imposed upon him by the provisions of this 
 chapter, shall be deemed guilty of a misdemeanor, and upon 
 conviction thereof shall forfeit his office and shall be punished 
 by imprisonment in the county jail for a term of not less than 
 one month nor more than six months, or by a fine of not less 
 than fifty dollars and not more than five hundred dollars, or 
 by both such fine and imprisonment. (L. '90, Sec. 32, p. 
 412.) 
 
 55. Electioneering Prohibited Within Polling Place. 
 
 Xo officer of election shall do any electioneering on elec- 
 tion day. ~No person shall do any electioneering on election 
 day within any polling place or any building in which an 
 election is being held, or within fifty feet thereof, nor obstruct 
 the doors or entries thereto, or prevent free ingress or egress 
 from said building. Any election officers, sheriff, constable, 
 or other peace officer, is hereby authorized and empowered, 
 and it is hereby made his duty to clear the passageway and 
 pre\ent such obstruction, and to arrest any person creating 
 such obstruction. !N^o person shall remove any ballot from 
 the polling place before the closing of the polls. ~No person 
 shall liow his ballot after it is marked to any person in such 
 a \vay as to reveal the contents thereof, or the name of any 
 candidate or candidates for whom he has marked his vote, 
 nor shall any person solicit the elector to show the same; nor 
 shall any person, except a judge of election, receive from any 
 elector a ballot prepared for voting. ~No elector shall receive 
 a ballot from any other person than one of the judges of elec- 
 tion having charge of the ballots, nor shall any person other 
 than such inspector or judges of election deliver a ballot to 
 such elector. ~No elector shall vote or offer to vote any bal- 
 lot except such as he has received from the judges of election 
 having charge of the ballots. ~No elector shall place any mark 
 upon his ballot by which it may afterwards be identified as 
 the one voted by him. Any elector who does not vote a ballot 
 
28 Election T<aws of the State of Washington. 
 
 delivered to him by the judges of election having charge of 
 the ballots shall, before leaving the polling place, return such 
 ballot to such judges. Whoever shall violate any of the pro- 
 visions of this section shall be deemed guilty of a misdemeanor, 
 and upon conviction thereof in any court of competent juris- 
 diction, shall be fined in any sum not exceeding one hundred 
 dollars and adjudged to pay the costs of prosecution. (L. '90, 
 Sec. 33, p. 412.) 
 
 56. Distribution of Election Laws by Secretary of State. 
 
 It shall be the duty of the Secretary of State to cause to 
 be published in pamphlet form, and distributed through the 
 clerks of the boards of county commissioners of the respective 
 counties, a sufficient number of copies of this law, together 
 with the registration law of the state, and such other laws 
 as bear upon the subject of election as will place a copy thereof 
 in the hands of all officers of election. (L. '90, Sec. 34, p. 
 413.) 
 
 OPENING THE POLLS -VOTING AND CHALLENGES. 
 
 57. Time of Opening and Closing Polls. 
 
 At all elections held under the provisions of this act, the 
 polls shall be opened at nine o'clock A. M., and closed at seven 
 o'clock P. M. (L. '90, Sec. 35, p. 413.) 
 
 58. If Electors Are Not Present, Polls May Be Opened When They Do 
 
 Appear. 
 
 At all elections the polls shall be opened at nine o'clock in 
 the morning, and shall continue open without recess until 
 seven o'clock in the evening, at wilich time the judges shall 
 close the polls: Provided, That in sparsely settled precincts, 
 whenever a sufficient number of qualified electors to consti- 
 tute a board of election are not present at nine o'clock on the 
 morning of the day of the election, it shall be lawful to open 
 
Election Laws of the State of Washington. 29 
 
 the polls as soon thereafter as a sufficient number are present. 
 (Code '81, Sec. 3076.) 
 
 59. Proclaiming Polls to Be Open. 
 
 The board of judges, before they commence receiving bal- 
 lots, shall cause it to be proclaimed aloud at the place of voting, 
 that the polls are now open. (L. '66, Sec. 2, p. 34.) 
 
 60. Poll Books ta Be Furnished. 
 
 It shall be the duty of the auditors of the several counties 
 to furnish the inspectors of each election precinct with two 
 poll books at least five days before the time of holding the 
 election. (L. '66, Sec. 31, p. 34.) 
 
 61. Manner of Voting. 
 
 The voting shall be by ballot. No ballot shall bear any 
 impression, devise, color or thing designated to distinguish 
 such ballot from other legal ballots, or whereby the same may 
 be known or designated. The ballot shall be eight inches in 
 width and of such length as shall be necessary to print the 
 names of all the candidates, who shall be duly nominated ac- 
 cording to law, and whose nomination shall be duly certified 
 to the clerk of the board of county commissioners, such length 
 to be determined by the said clerk of said board of county 
 commissioners. All of the official ballots, after the same shall 
 be so prepared by the said clerk, shall be of the same size for 
 each and every precinct, and shall not vary one-eighth of an 
 inch in breadth from the above specifications. (L. '95, Sec. 
 11, p. 393.) 
 
 62. Poll List, How Kept Preservation of Rejected Ballots. 
 
 The name of each elector whose ballot has been thus re- 
 ceived shall be immediately entered by each clerk in the col- 
 umn of his poll list headed "Names of Voters," numbering 
 each name in the additional column as it is taken down, so that 
 it may be seen at any time whether the two lists agree. When- 
 ever the board of election rejects a ballot it must at the time 
 
30 Election Laws of the State of Washington. 
 
 of such rejection cause to be made thereon and signed by a ma- 
 jority of the board an indorsement of such rejection, and of 
 the cause thereof. All rejected ballots must be preserved and 
 returned in the same manner as other ballots. Whenever a 
 question arises in the board as to the legality of a ballot or any 
 part thereof and the board decide in favor of the legality, such 
 action, together with a concise statement of the facts that gave 
 rise to the objection, must be indorsed on the ballot, and signed 
 by a majority of the board. (L. '66, Sec. 5, p. 34.) 
 
 63. Challenging Votes. 
 
 Any person offering to vote may be challenged as unquali- 
 fied by the inspector or either of the judges or by any legal 
 voter, and it shall in all cases be the duty of the inspector and 
 each of the judges to challenge any person offering to vote whom 
 they shall know or suspect not to be duly qualified as an elector. 
 (L. '66, Sec. 6, p. 34.) 
 
 64. Duty of Election Officers in Case of Challenge. 
 
 When any person offering to vote is challenged, it shall be 
 the duty of the judges to declare to him the qualifications of 
 an elector, and the inspector or one of the judges shall tender 
 him the following oath: "You do swear (or affirm) that you 
 will truly and fully answer all questions as shall be put to you 
 touching your place of residence and qualifications as an elec- 
 tor." The inspector or one of the judges shall then proceed to 
 question the person challenged in relation to his name, place 
 of residence, how long he has resided in the precinct and 
 county, where his last place of residence was, also as to his 
 citizenship, and whether a native or naturalized citizen, and 
 if the latter, when, where, and in what county or before what 
 officer he was naturalized; whether he can read and speak the 
 English language, and may submit to him for reading extracts 
 of English prose, and all such other questions as shall tend to 
 test his qualifications as to citizenship and the right to vote. 
 (L. '66, Sec. 7, p. 34.) 
 
Election Laws of the State of Washington. 31 
 
 65. When Vote Is to Be Rejected. 
 
 If any person shall refuse to take the aforesaid oath, when 
 so tendered, or to answer any and all pertinent questions as 
 to qualifications, his vote shall be rejected; and if the board 
 of judges are satisfied, from his answers as aforesaid, that 
 such person is not a legal voter, they shall reject his vote. (L. 
 '66, Sec. 8, p. 34.) 
 
 66. Challenged Person to Be Sworn. 
 
 If such person shall insist that he is entitled to vote, and 
 the board of judges find no cause to reject his vote, under the 
 preliminary examination, and the challenge shall not be with- 
 drawn, he shall not be entitled to vote unless he takes the fol- 
 lowing oath, to be administered by the inspector or one of the 
 judges, viz: "You do swear (or affirm, as the case may be), 
 that you have resided in this state one year preceding this elec- 
 tion, in this county ninety days, and in this precinct thirty 
 days, and have not voted this day, and that you are otherwise 
 qualified to vote at this election," and in case the person offer- 
 ing a vote is a naturalized citizen he shall produce evidence 
 of his citizenship. (L. '86, Sec. 1, p. 128.) 
 
 The oath above given is made to correspond to the provisions 
 of the constitution, the changes being in italic. 
 
 67. When Persons Challenged May Vote Identification. 
 
 If any person shall take the oath as tendered to him by 
 the inspector or judges and no evidence is offered to traverse 
 the same, by the officer or party challenging, and shall other- 
 wise comply with the requirements of law regulating the bal- 
 loting, he shall be admitted to vote; but before the ballot of 
 the voter shall be deposited he shall be required to sign the 
 registration book in the column headed "Identification," pro- 
 vided for that purpose, and on the same line as, and opposite 
 to the original signature of the voter offering to vote, which 
 original signature shall be so concealed as not to be seen by 
 the voter offering to vote; and in case such voter is incapable 
 
32 Election Laws of the State of Washington. 
 
 of writing his name, he shall, at the left hand of the column, 
 make a cross or other mark usually employed by such voter 
 for indicating his signature, and some person who is personally 
 known to the inspector and who personally knows the voter, 
 shall sign the registration book in his behalf as identifying 
 witness. If such voter offering to vote shall refuse to take the 
 oath or affirmation so tendered him or to write his signature 
 as' required, his vote shall be rejected. (L. '05, Sec. 2, p. 65.) 
 
 68. Challenge on Ground of Conviction of Infamous Crime. 
 
 If the vote of any person be challenged on the ground that 
 he has been convicted of an infamous crime, and shall remain 
 unpardoned or disfranchised by anv court of a competent jur- 
 isdiction, he shall not be required to answer any questions re- 
 specting such alleged conviction, and in the absence of any 
 authenticated record of such act, it may be competent for two 
 disinterested witnesses, upon oath, to prove the same. (L. 
 '66, Sec. 11, p. 36.) 
 
 69. Closing of Polls to Be Proclaimed. 
 
 When the polls are closed, proclamation thereof shall be 
 made at the place of voting, and no votes shall be afterwards 
 received. (L. '66, Sec 12, p. 36.) 
 
 COUNTING VOTES DECLARING THE RESULT AND 
 CERTIFICATES. 
 
 70. Counting Votes. 
 
 As soon as the polls are closed on the afternoon of the day 
 of election, the judges shall open the ballot box and commence 
 counting the votes, and in no case shall the box be removed 
 from the room in which any election may be held until all the 
 ballots are counted. (L. '66, Se. 1, p. 37.) 
 
 71. Details as to Counting of Ballots. 
 
 The counting of ballots shall in all cases be public. The 
 ballots shall be taken out carefully, one by one, by the in- 
 
Election Laws of the State of Washington. 33 
 
 spector or one of the judges, who shall open them and read 
 aloud the name of each person contained therein, and the office 
 for which every such person is voted for. (L. ? 66, Sec. 1, 
 p. 38.) 
 
 72. Clerks Shall Keep Tally, Etc. 
 
 Each clerk shall write down each office to be filled, and the 
 name of each person voted for for such office, and shall keep 
 the number of votes by tallies as they are read aloud by the 
 inspector or judge. The counting of the votes shall be con- 
 tinued without adjournment until all are counted. (L. '66, 
 Sec. 1, p. 38.) 
 
 73. When Tickets Shall Be Rejected. 
 
 If two tickets are found folded together they shall both be 
 rejected, and if more persons are designated on any ticket for 
 any office than are to be elected to such office, such part of the 
 ticket shall not be counted for any of them ; but no ticket shall 
 be lost for want of form, or mistake in initials of names, if the 
 board of judges can determine to their satisfaction the person 
 voted for and the office intended. (L.'66, Sec. 2, p. 38.) 
 
 74. Disposition of Ballots. 
 
 It shall be the duty of the inspector, or one of the judges, 
 to string the ballots at the time of counting, and after the bal- 
 lots have been counted and strung it shall be the duty of the 
 inspector to place them in a sealed envelope and write thereon 
 "Ballots of - - precinct, - - county, State of Wash- 
 
 ington, of election held this - - day of - , 19 ," and 
 send said envelope to the auditor of the county where said elec- 
 tion is held, who shall keep said sealed envelope containing 
 said ballots unopened for the period of six months, to be used 
 only as evidence in case or cases of contest when called for, at 
 the end of which time it shall be the duty of said county audi- 
 tor to burn said ballots in the presence of two other county of- 
 ficers. (L. '68, Sec. 2, p. 19.) 
 -3 
 
34 Election Laws of the State of Washington. 
 
 75. How to Make Out Election Returns. 
 
 As soon as all the votes are read off and counted a certificate 
 shall be drawn up on each of the papers containing the poll 
 list and tallies, or attached thereto, stating the number of 
 votes each person voted for has received and designating the 
 office to fill which he was voted for, which number shall be 
 written in words at full length. Each certificate shall be 
 signed by the clerks, the judges and inspector ; one of said 
 certificates with ballots, poll lists and tally paper, oath of in- 
 spector, judges and clerks shall be sealed up by the inspector 
 and endorsed "Election returns,' 1 ' and be directed or sent by 
 the inspector to the county auditor of the county in which the 
 election is to be held. (L. '66, Sec. 3, p. 38.) 
 
 76. Delivery of Returns to County Auditor, Etc. 
 
 The said package shall be delivered to the county auditor 
 by one of the judges or clerks of the election in person, or 
 may be sent by registered mail; and when the voting precinct 
 is more than fifteen (15) miles from the county seat the said 
 package shall be forthwith transmitted to the county auditor by 
 registered mail. When sent by mail, it shall be mailed by one 
 of the judges. The other of said certificates, with poll list 
 and tally papers, oaths of judges, inspector and clerks shall 
 be retained by the inspector and preserved by him at least six 
 months. Tally papers, poll list or certificate returned from 
 any election shall not be set aside, nor rejected for want of 
 form, nor on account of not being strictly in accordance with 
 the directions of this chapter, if the same be satisfactorily 
 understood: Provided, That if any judge or inspector of 
 election shall neglect or fail to seal and return the ballots, 
 tally list and 'poll books in the manner provided by law, such 
 judge or inspector shall be guilty of a misdemeanor, and upon 
 conviction thereof shall be fined not less than five nor more 
 than fifteen dollars. (L. '03, Sec. 1, p. 124.) 
 
 77. Canvass of Votes. 
 
 On the tenth day after the day of each election, or as soon 
 as he shall have received the returns from each precinct of 
 
Election Laws of the State of Washington. 35 
 
 the county, if he receive them within that time, it shall be the 
 duty of the county auditor to notify two county officers,* one 
 of whom shall be a judge of probate, to be present at the of- 
 fice of said county auditor, on a clay named by said county 
 auditor, for the purpose of canvassing the votes cast at election 
 in the different precincts of the county, and it shall be the 
 duty of the judge of probate present, as one of the canvassers 
 of said votes, to administer the following oath or affirmation 
 to the county auditor having in his possession the election re- 
 turns of said county: "I do solemnly swear (or affirm) that 
 the returns purporting to be the election returns of the several 
 precincts in this county have been in no wise altered by addi- 
 tions or erasures, and that they are the same as when I re- 
 ceived them. So help me God." The said oath or affirmation 
 to be in writing and signed by the county auditor and certi- 
 fied to by the aforesaid judge of probate and placed on file in 
 said auditor's office, among the papers appertaining to said 
 election. And then the said auditor, with the assistance of 
 two county officers aforesaid, shall proceed to count the votes 
 of said county or precincts, a statement of which shall be drawn 
 up and signed by them. And it shall be deemed a misde- 
 meanor in the county auditor, if he shall neglect or refuse to 
 return the total number of votes as counted, if such votes can 
 be with reasonable certainty ascertained. (L. '68, Sec. 1, p. 20.) 
 
 78. Board to Canvass Election Returns. 
 
 The county auditor, chairman of the board of county com- 
 missioners and prosecuting attorney shall be the county can- 
 vassing board of election returns for all special and general 
 county and state elections in each county. (L. '93, Sec. 1, 
 p. 271.) 
 
 79. Vacancy in Board of Canvassers. 
 
 If for any reason there is a vacancy or vacancies in the 
 canvassing board provided for in the [this] act, the remain- 
 
 *This section is amended by the one immediately following so far as 
 the canvassing board is concerned. 
 
36 Election Laws of the State of Washington. 
 
 ing member or members of the board shall have the power and 
 it is hereby made his or their duty to choose the county officer 
 or officers to fill such vacancy or vacancies. (L. '93, Sec. 2, 
 p. 271.) 
 
 80. Auditor to Issue Certificate of Election. 
 
 The person having the highest number of votes given for 
 each office to be filled by the voters of a single county, or of a 
 precinct, shall be declared duly elected, and the county audi- 
 tor shall immediately notify him of his election, and it shall 
 be the duty of said auditor to make out and deliver to any 
 person so notified a certificate of election, upon his making 
 application to the auditor. (L. '67, Sec. 3, p. 7.) 
 
 81. Tie Vote, How Decided. 
 
 If the requisite number of county or precinct officers shall 
 not be elected by reason of two or more persons having an 
 equal and highest number of votes for one and the same office, 
 the county auditor shall give notice to the several persons so 
 having the highest and an equal number of votes to attend at 
 the office of the auditor at the time to be appointed by said 
 auditor, who shall then and there proceed publicly to decide 
 by lot which of the persons sc having an equal number of 
 votes shall be declared duly elected, and the said auditor shall 
 make out and deliver to the person thus declared duly elected 
 a certificate of his election, as hereinbefore provided. (L. 
 '67, Sec. 3, p. 7.) 
 
 82. Proceedings When Canvassing Officer Is a Candidate. 
 
 When a county auditor is to be elected, the probate judge 
 shall examine the returns as soon as they are filed, and issue 
 to the person chosen a certificate of election in the form pre- 
 scribed in the preceding section. (L. '66, Sec. 8, p. 39.) 
 
 83. Returns Affecting District Officer. 
 
 When there are officers voted for who are to be chosen by 
 the electors of a district composed of two or more counties it 
 
Election Laics of the State of Washington. 37 
 
 shall be the duty of each of the county auditors of the coun- 
 ties composing such district, immediately after making out 
 the statement specified in section four hundred and seventeen, 
 to extract therefrom so much as relates to the election of such 
 officers, and to certify under his hand and the seal of the 
 county that such extract contains a full statement of all the 
 votes given for district officer as returned to him, and without 
 delay transmit the same to the auditor of the senior of the 
 counties composing such district. The said county auditor 
 shall compare the returns, make up a statement of the vote of 
 the district for such officers, and file the same, together with 
 the returns from the other counties, in like manner as is pre- 
 scribed in section four hundred and seventeen of this volume 
 of General Statutes. He shall also make out and transmit 
 to the Secretary of State such statement of the votes of the 
 district, signed by him officially and authenticated with the 
 seal of the county, and shall furnish the person elected a 
 certificate of election. (H. C., Sec. 421.) 
 
 84. Duties of County Auditors and Secretary of Statei as to Election 
 Returns. 
 
 When there are other officers voted for who are chosen by 
 the qualified voters of this state,* it shall be the duty of each 
 county auditor so soon as the statement of the vote of his 
 county is made out as required in section four hundred and 
 seventeen of this volume of General Statutes, to copy therefrom 
 so much as relates to the vote given for such officer, certify to 
 the correctness thereof under his hand and the seal of the 
 county, and transmit the same to the Secretary of State, in- 
 dorsing on the package the words "Election returns." On the 
 thirtieth day after the day of election, or as soon as the re- 
 
 *The election returns for the offices of Governor,, Lieutenant Governor, 
 Secretary of State, Treasurer, Auditor, Attorney General, Superintendent 
 of Public Instruction and Commissioner of Public Lands must be returned 
 to the Secretary of State in the manner provided in article III, section 4, 
 constitution. They must be indorsed as follows: "Election returns for 
 state officers," and transmitted separate from other election returns, by 
 registered mail. 
 
38 Election Laws of the State of Washington. 
 
 turns shall have been received from all the counties of the 
 state, if received within that time, the Secretary of State shall 
 compare and estimate the vote and make out and file in his of- 
 fice a statement thereof, a copy of which shall be transmitted 
 to the Governor. Upon this statement the commission or 
 certificate shall issue. (H. C., Sec. 422.) 
 
 85. Auditor Must Transmit Certified Copy of Abstract of Vote. 
 
 It shall be and is hereby made the duty of the county audi- 
 tor in each county of this state, immediately after making ab- 
 stracts of the vote given in his county, at the general or special 
 election, for members of the Legislature, county, state or dis- 
 trict officers, or members of congress, to transmit by mail a 
 certified copy of said abstract to the Secretary of State, at the 
 seat of government. It shall be the duty of the Secretary of 
 State to furnish uniform and proper blanks to each and every 
 county auditor in the state, on which said county auditor shall 
 make returns to the secretary's office. The county auditor 
 shall make returns of all persons voted for for state, county 
 and district officers. (L. '95, Sec. 12, p. 394.) 
 
 86. Informality Shall Not Deter Issuance of Certificate. 
 
 E"o certificate shall be withheld on account of any defect 
 or informality in the returns of any election if it can with 
 reasonable certainty be ascertained from such return what 
 office is intended and who is entitled to such certificate, nor 
 shall any commission be withheld by the Governor on account 
 of any defect or informality of any return made to the office 
 of the Secretary of State. (L. '66, Sec. 13, p. 41.) 
 
 87. Returns to Be Transmitted by Registered Mail. 
 
 Whenever returns are -required to be transmitted by the 
 county auditor to the Secretary of State, it shall be the duty 
 of the county auditor to deliver the same to some postmaster 
 of the county at the postoffice, to be transmitted by registered 
 mail. (L. '66, Sec. 14, p. 41.) 
 
Election Laws of the State of Washington. 39 
 
 88. When Special Election Is Necessary to Decide Tie Vote. 
 
 If at any election to fill any district or legislative office, 
 two or more persons receive the highest and equal number of 
 votes, it shall be declared that there is no choice, and a special 
 election to fill such office shall be ordered by the proper officer. 
 (L. '66, Sec. 15, p. 41.) 
 
 CONTESTING ELECTIONS. 
 
 89. Causes for Contesting Elections. 
 
 Any elector of the proper county may contest the right of 
 any person declared duly elected to an office to be exercised in 
 and for such county; and also anv elector of a precinct may 
 contest the right of any person declared duly elected to any 
 office in and for such precinct, for any of the following causes : 
 
 1. For malconduct on the part of the board of judges or 
 any member thereof. 
 
 2. When the person whose right to office is contested was 
 not, at the time of election, eligible to such office. 
 
 3. When the person whose right is contested shall have 
 been, previous to such election, convicted of an infamous crime 
 by any court of competent jurisdiction, such conviction not 
 having been reversed nor such person relieved from the legal 
 infamy of such conviction. 
 
 4 When the person whose right is contested has given 
 to any elector or inspector, judge or clerk of election, any 
 bribe or reward, or shall have offered any such bribe or re- 
 ward for the purpose of procuring his election. 
 
 5. On account of illegal votes. (L. '66, Sec. 1, p. 42.) 
 
 90. Malconduct of Judges, When Sufficient to Annul Election. 
 
 Xo irregularity or improper conduct in the proceedings of 
 the board of judges, or any one of them, shall be construed to 
 
40 Election Laws of the State of Washington. 
 
 amount to such nialconduct as to annul or set aside any elec- 
 tion, unless the irregularity or improper conduct shall have 
 been such as to procure the person whose right to the office 
 may be contested to be declared duly elected when he had not 
 received the highest number of legal votes. (L. 7 66, Sec. 2, 
 p. 43.) 
 
 91. County Election to Be Annulled Only Upon One Condition. 
 
 When any election held for an office exercised in and for 
 a county is contested on account of any nialconduct on the 
 part of the board of judges of any precinct election, or any 
 member thereof, the election shall not be annulled and set 
 aside upon any proof thereof, unless the rejection of the vote 
 of such precinct or precincts shall change the result as to 
 such office in the remaining vote of the county. (L. '66, Sec. 
 3, p. 43.) 
 
 92. Election May Be Set Aside on Account of Illegal Votes. 
 Nothing in the fifth ground of contest, specified in section 
 
 four hundred and twenty-seven of this volume of General 
 Statutes, shall be so construed as to authorize an election to 
 be set aside on account of illegal votes, unless it shall appear 
 that an amount of illegal votes has been given to the person 
 whose right to the office is contested, which if taken from him, 
 would reduce the number of his legal votes below the number 
 of votes given to some other person for the same office after 
 deducting therefrom the illegal votes which may be shown to 
 have been given to such other person. (L. '66, Sec. 4, p. 43.) 
 
 93. Person Cannot Contest Election Unless He Is a Qualified Elector. 
 No person shall be competent to contest an election unless 
 
 he is a qualified elector of the district, county or precinct, as 
 the case may be, in which the office is to be exercised. (L. 
 '66, Sec. 5, p. 43.) 
 
 94. Statement of Contestant. 
 
 When any such elector shall choose to contest the right of 
 any person declared duly elected to such office, he shall, 
 
Election Laws of the State of Washington. 41 
 
 within ten days after such person shall have been declared 
 elected to such office, file with the clerk of the Superior Court 
 of the county a written statement setting forth specifically 
 
 1. The name of the party contesting such election, and 
 that he is a qualified elector of the district, county or pre- 
 cinct, as the case may be, in which such election was held. 
 
 2. The name of the person whose right to the office is 
 contested. 
 
 3. The office. 
 
 4. The particular cause or causes of such contest, which 
 statement shall be verified by the affidavit of the contesting 
 party that the matters and things therein contained are true, 
 as he verily believes. (L. '66, Sec. 6, p. 43.) 
 
 95. Sufficiency of Testimony. 
 
 When the reception of illegal votes is alleged as a cause of 
 contest, it shall be sufficient to state generally that illegal 
 votes were cast, which, if given to the person whose election 
 is contested in the specified precinct or precincts will, if taken 
 from him, reduce the number of his legal votes below the num- 
 ber of legal votes given to some -other person for the same of- 
 fice ; but no testimony shall be received of any illegal votes un- 
 less the party contesting such election shall deliver to the op- 
 posite party, at least three days before such trial, a written 
 list of the number of illegal votes and by whom given, which 
 he intends to prove on such trial, and no testimony shall be 
 received of any illegal votes except such as are specified in 
 such list. (L. -66, Sec. 7, p. 43.) 
 
 96. Statement of Cause of Contest Not to Be Rejected for Want of Form. 
 
 No statement of the cause of contest shall be rejected, nor 
 the proceedings 'thereon dismissed by any court before which 
 such contest may be brought for trial, for want of form, if 
 the particular cause or causes of contest shall be alleged with 
 such certainty as will sufficiently advise the defendant of the 
 particular proceedings or cause for which such election is 
 contested. (L. '66, Sec. 8, p. 44.) 
 
42 Election Laws of the State of Washington. 
 
 97. Trial of Contest. 
 
 Upon such statement being filed, it shall he the duty of the 
 clerk to inform the judge of the superior court, who may give 
 notice and order a session of said court to be held at the usual 
 place of holding said court, on some day to be named by him, 
 not less than ten nor more than twenty days from the date of 
 such notice, to hear and determine such contested election : 
 Provided, If no session be called for the purpose, such con- 
 test shall be determined at the first regular session of said 
 court after such statement is filed. ( L. 7 66, Sec. 9, p. 4-1.) 
 
 98. Citation and Service Upon Party Whose Right to Office Is Contested. 
 
 The clerk of said court shall also at the time issue a cita- 
 tion for the person whose right to the office is contested, to ap- 
 pear at the time and place specified in said notice, which cita- 
 tion schall be delivered to the sheriff or constable, and be 
 served upon the party in person ; or, if he can not be found, 
 by leaving a copy thereof at the house where he last resided. 
 (L. '66, Sec. 10, p. 45.) 
 
 99. Witnesses May Be Summoned and Compelled to Attend. 
 
 The said clerk shall issue subpoeenas for witnesses in such 
 contested election at the request of either part, which shall be 
 served by the sheriff or constable as other subpoenas, and the 
 superior court shall have full power to issue attachments to 
 compel the attendance of witnesses who shall have been duly sub- 
 poenaed to attend if they fail to do so. (L. '66, Sec. 11, p. 
 45.) 
 
 100. Hearing of Election Contest. 
 
 Said court shall meet at the time and place designated to 
 determine such contested election by the rules of law and evi- 
 dence governing the determination of questions of law and 
 fact, so far as the same may be applicable, and may dismiss 
 the proceedings if the statement of the cause or causes of con- 
 test is insufficient, or for want of prosecution. After hearing 
 
Election Laws of the State of Washington. 43 
 
 the proofs and allegations of the parties, the court shall pro- 
 nounce judgment in the premises, either confirming or annul- 
 ling and setting aside such election, according to the law and 
 right of the case. (L. '66, Sec. 12, p. 45.) 
 
 101. Other Person Than One Returned May Be Declared Elected. 
 
 If in any case it shall appear that another person than the 
 one returned has the highest number of legal votes, said court 
 shall declare such person duly elected. (L. '66, Sec. 13, p. 
 45.) 
 
 102. Costs, How to Be Awarded Where Election Is Confirmed. 
 
 If the proceedings are dismissed for insufficiency, want of 
 prosecution, or the election is by the court confirmed, judg- 
 ment shall be rendered against the party contesting such elec- 
 tion for costs, in favor of the party whose election was con- 
 tested. (L. '66, Sec. 15, p .45.) 
 
 103. Costs, How to Be Awarded Where Election Is Annulled. 
 
 If such election is annulled and set aside, judgment for 
 costs shall be rendered against the party whose election was 
 contested, in favor of the party contesting the same. (L. 
 ; 66, Sec. 16, p. 45.) 
 
 104. Appeal May Be Taken to Supreme Court. 
 
 Either party feeling himself aggrieved by the judgment 
 of said court may appeal therefrom to the Supreme Court as 
 in other cases of appeal thereto. (L. '66, Sec. 18, p. 46.) 
 
 105. Certificate of Election Becomes Void, When. 
 
 Whenever an election shall be annulled and set aside by 
 the judgment of the Superior Court, when no appeal has been 
 taken therefrom within ten days, such certificate or commis- 
 sion, if any have been issued, shall be thereby rendered void. 
 (L. '66, Sec. 19, p. 46.) 
 
44 Election Laws of the State of Washington. 
 
 CONTESTING ELECTION OF MEMBERS OF 
 LEGISLATURE. 
 
 106. Who May Contest Election of Members of the Legislature. 
 
 The right of any person declared duly elected to a seat in 
 the council [senate] or house of represent atives, may be con- 
 tested by any qualified voter of the county or district to be 
 represented by such councilman [senator] or representative. 
 (Sec 3125, Code 1881.) 
 
 107. Contestant to File Statement With Clerk of Court. 
 
 The person contesting such election shall, within thirty 
 days after election, file with the clerk of the district court of 
 the district in which the alleged cause or causes of the contest 
 originated, a concise statement of the grounds on which he 
 intends to rely, verified by affidavits. (Sec. 3126, Code 1881.) 
 
 108. Clerk to Issue Commission to Take Depositions. 
 
 Immediately on the filing of such statement in the clerk's 
 office, the said clerk shall issue a commission directed to two 
 justices of the peace in the contestant's district, to meet at 
 such time and place as shall be specified in such commission, 
 not less than twenty nor more than thirty days from the time 
 of issuing the same, for the purpose of taking depositions of 
 such witnesses as the parties to such contest may wish to ex- 
 amine. (Sec. 3127, Code 1881.) 
 
 109. Requisites of Notice, How Served. 
 
 Written notice of such contest, specifying the time and 
 place of taking depositions, and before whom to be taken, and 
 a copy of the statement certified by the clerk of the said court, 
 shall be delivered to the person whose election is contested, 
 or, if he cannot be found, it shall be left at the house where he 
 last resided by the sheriff of the county in which, such person 
 
Election Laws of the State of Washington. 45 
 
 claims his residence, within, ten days after such statement shall 
 have been filed in the clerk's office. (Sec. 3128, Code 1881.) 
 
 no. Sheriff to Return Notice to Clerk. 
 
 The sheriff into whose hands such notice and certified copy 
 may come shall make due service thereof, and shall return to 
 the proper clerk a certified copy of such notice, with the man- 
 ner and time of service indorsed thereon, for which he shall 
 be entitled to receive from the party contesting such election 
 the same fees for service and mileage as are allowed in the 
 district court for the service of original writs. (Sec. 3129, 
 Code 1881.) 
 
 in. Witnesses Must Attend. 
 
 Either of said justices of the peace shall have power, at 
 at any time, to issue subpoenas for witnesses, at the request of 
 either party, to be served by the sheriff as other subpoenas, and 
 such justices, when met at the time and place appointed to 
 take such depositions, shall have the same power to issue at- 
 tachments and assess fines against witnesse as given to jus- 
 tices of the peace in the trial suits instituted before them. 
 (Sec. 3130, Code 1881.) 
 
 112. Depositions of Witnesses. 
 
 Said justices of the peace shall meet at the time and place 
 appointed to take the depositions of witnesses produced by 
 the parties, which shall be reduced to writing by said justices, 
 and sworn to and subscribed by said witnesses, respectively, 
 and duly certified by said justices as depositions are in other 
 cases, noting in the caption of each deposition by which party 
 the witness was called. (Sec. 3131, Code 1881.) 
 
 113. Examination to Continue From Day to Day. 
 
 Said justices may continue said examination from day to 
 day, if the business shall require it, and when the same is 
 closed they shall deliver the depositions taken before them, to- 
 gether with their said commissions, to the clerk of the dis- 
 
46 Election Laws of the State of Washington. 
 
 trict court by whom the same was issued. (Sec. 3132, Code 
 1881.) 
 
 114. Clerk to Appoint Justice in Case of Failure to Serve. 
 
 If, at any time, either of the said justices shall become un- 
 able to proceed in such examination, said clerk may supply the 
 vacancy by designating any other justice of the peace of the 
 district in the place of such justice. (Sec. 3133, Code 1881.) 
 
 115. Fees to Be Allowed Sheriff and Justices. 
 
 The sheriff, for the service of such subpoenas, and the jus- 
 tice for issuing the same and taking the deposition, shall re- 
 ceive from the party at whose instance such service was per- 
 formed, the same fees as are allowed them for similar service 
 in other cases. (Sec. 3134, Code 1881.) 
 
 116. Clerk to Transmit Proceedings to Secretary. 
 
 It shall be the duty of said clerk to seal up such deposi- 
 tions, together with the original statement of the grounds of 
 such contest, and the copy of notice served upon the party 
 whose right is contested, and the commission issued to the 
 justices of the peace, and transmit the same by mail to the 
 Secretary of State, indorsing thereon the names of the con- 
 testing parties, and the branch of the legislature before which 
 such contest is to be tried. (Sec. 3135, Code 1881.) 
 
 117. Duty of Secretary of State. 
 
 It shall be the duty of the Secretary of State to deliver the 
 same unopened to the presiding officer of the House in which 
 such contest is to be tried, on or before the second day of the 
 session of the Legislature next after taking such depositions, 
 and such presiding officer shall immediately give notice to said 
 House that said papers are in his possession. (Sec. 3136, 
 Code 1881.) 
 
 118. Respective Houses to Try Contested Election. 
 
 Each House of the Legislature is the judge of the quali- 
 fications and election of its members, and shall try all con- 
 
Election Laws of the State of Washington. 47 
 
 tested elections of its members in such manner as it may di- 
 rect. (Sec, 3137, Code 1881.) 
 
 1 1 9. Depositions May Be Taken After Notice of Contest, Etc. 
 
 At any time after notice of any contest shall be given and 
 before the trial of such contested election before the proper 
 branch of the Legislature, it may be lawful for either party 
 to such contest to make depositions to be read on the trial 
 thereof, in like manner and under the same rules as are al- 
 lowed and required in the cases of depositions to be read on 
 any trial pending in the district court, and such deposition 
 when thus taken shall be sealed up by the officer taking the 
 same and directed to the Secretary of State, who shall keep 
 the same unopened and deliver them to the presiding officer 
 of the House in which such contest is to be tried, to be disposed 
 of by such officer as the depositions specified in section 3135. 
 (Sec. 3138, Code 1881.) 
 
 120. Legislature May Authorize Taking of Depositions. 
 
 Nothing contained in this chapter shall be so construed as 
 to abridge the right of either branch of the Legislature trying 
 any contested election, from granting commissions to take tes- 
 timony, or from sending for and examining before such branch 
 any witnesses it may desire to hear on such trial. (Sec. 3139, 
 Code 1881.) 
 
 ELECTION TO FILL VACANCIES IN LEGISLATURE. 
 
 121. Vacancy in Legislature, How to Be Filled Writ of Election. 
 
 Whenever a vacancy occurs in the Legislature of the State 
 of Washington during or prior to any session of the Legisla- 
 ture which occurs before any general election of the State of 
 Washington, it shall be the duty of the Governor of the state 
 to forthwith issue a writ of election providing for the filling 
 
48 Election Laws of the State of Washington. 
 
 of such vacancy by an election; said writ shall, in substance, 
 be as follows: 
 
 The State of Washington to the electors of (senatorial or rep- 
 resentative) district, county or counties, of the State of Washington, 
 greeting : 
 
 You are hereby commanded to hold an election to fill the vacancy in 
 
 the (here state whether in the house or senate) caused by 
 
 the (here state cause of vacancy), which ?aid election 'shall 
 
 be held upon the day of A. D. 190 
 
 In witness whereof, I have hereunto set my hand, and caused the 
 seal of the State of Washington to be affixed thereto. 
 
 , Governor. 
 
 Attest : , Secretary of State. 
 
 Which said writ shall be at once transmitted to the audi- 
 tor or auditors of the county or counties wherein said district 
 is situated. (L. '91, Sec. 1, p. 2.) 
 
 122. Election, How to Be Held. 
 
 Such election shall be held in every way as provided by 
 law for general elections in the State of Washington, except 
 as herein otherwise provided. (L. '91, Sec. 2, p. 3.) 
 
 123. Notice of Election, by Whom and How to Be Given. 
 
 It shall be the duty of the auditor or auditors of the coun- 
 ty or counties wherein the district is situated, wherein said 
 election is to be held, to give notice of such election by posting- 
 notices of the same in at least four public places within said 
 district, or if said district be composed of more than one 
 county, then in four public places in either county, and by 
 posting one notice at the front door of the court house of the 
 county or counties wherein said district is situated, in sub- 
 stance following: 
 
 To the electors of (senatorial or representative district, as 
 
 the case may be), in the county of , in State of Washington: 
 
 Notice is hereby given that by virtue of a writ of elect ion issued by 
 his excellency the Governor of the State of Washington, an election will be 
 
 held for the purpose of electing a (representative or 'senator, as 
 
 the case may be), from the district, in the county, or counties, of 
 
 , in the State of Washington, to till the vacancy caused by the 
 
 (state cause of vacancy), upon the day of , 
 
Election Laws of the State of Washington. 49 
 
 190. ., at the various voting places within said district, where the last 
 general election was held, within the usual hours provided by law for 
 holding general elections. 
 
 In witness whereof, I have hereunto set my hand, this day 
 
 of .... , 190.. , 
 
 County Auditor of County. 
 
 Which said notice shall also- be published once in some 
 newspaper published within the county or counties in which 
 said district is situated, if there be a newspaper in said county 
 or counties, and if not then in some newspaper of general cir- 
 culation within said district. (L. '91, Sec. 3, p. 3.) 
 
 124. Further Requirements as to Notice. 
 
 Said notice shall be posted at least ten days prior to the 
 day when said election is to be held ; and be published in said 
 newspaper at least five days before the day of holding said 
 election. It shall also be the duty of the county auditor or 
 auditors, in addition to posting and giving said notice, as here- 
 inbefore provided for, to give a copy of said notice to the chair- 
 man or any member of the county central committee of all 
 the political organizations existing within the county or coun- 
 ties in which said district is situated, at least ten days before 
 the day when said election shall be held. (L. '91, Sec. 4, 
 p. 4.) 
 
 125. Registration of Voters Who Entitled to Vote. 
 
 The registration of voters for the general election, or, 
 where the district is within an incorporated city, for the mu- 
 nicipal election next preceding the holding of the special elec- 
 tion, shall be deemed to be a registration of voters for the pur- 
 poses of such special election, and shall be used at such elec- 
 tion as the registration of such special election: Provided, 
 That any voter not registered who has become entitled to vote 
 since last registration shall be entitled to vote upon proving 
 to the satisfaction of the judges and inspector of the said 
 election that such voter is entitled to vote, and that such voter 
 has become entitled to vote since the last registration was 
 closed. (L. '91, Sec. 5, p. 4.) 
 4 
 
50 Election Laws of the State of Washington. 
 
 126. Nomination of Candidate. 
 
 All nominations of candidates for the office to be filled by 
 the writ of election hereinbefore provided for shall be filed 
 with the auditor of the county or counties wherein said dis- 
 trict is situated at least five days before the day appointed for 
 said election. (L. ? 95, Sec. "6, p. 4.) 
 
 127. How Candidate May Be Appointed. 
 
 In addition to the manner in which candidates may be 
 nominated by law for such special election, the candidates for 
 the office named in such writ of election may be nominated 
 by the chief committee of any political organization within the 
 county or counties wherein said district is situated. (L. '91, 
 Sec. 7, p. 4.) 
 
 128. Officers of Special Election. 
 
 At such special election the judges and inspectors of elec- 
 tion appointed by the county commissioners of the county or 
 counties wherein said district is situated for the last general 
 election preceding such special election shall be deemed to be 
 the officers of such special election, and the county auditor 
 shall, immediately -upon receiving the writ of election from 
 the Governor, proceed to notify said officers of the hold- 
 ing of said election. (L. '91, Sec. 8, p. 4.) 
 
 129. Intimidation or Bribing of Voters. 
 
 If any person shall use any menaces, force, threats, or any 
 corrupt means at or previous to any election held pursuant to 
 the laws of this state, towards any elector to hinder or deter 
 such elector from voting at said election, or shall directly or 
 indirectly offer any bribe or reward of any kind to induce any 
 elector to vote contrary to his inclinations, or shall on the day 
 of election give any public treat or authorize any person to do 
 so to obtain votes for any person, such person so offending 
 shall be fined in any sum not less than one hundred nor more 
 than one thousand dollars, or shall be imprisoned in the peni- 
 
Election Laws of the State of Washington. 51 
 
 tentiary not less than one year nor more than five years, or 
 by both such fine and imprisonment. (L. '01, Sec. 1, p. 298.) 
 
 130. Violations to Be Submitted to Jury. 
 
 It shall be the duty of the prosecuting attorney of each 
 county to present all violations of the election laws which may 
 come to his knowledge to the special consideration of the 
 proper jury. (L. '66, Sec. 10, p. 52.) 
 
 131. Fees of Election Officers. 
 
 The fees of officers of election shall be as follows: To the 
 inspectors, judges and clerks of an election, three dollars 
 ($3.00) per day; the person carrying the returns to the county 
 auditor shall be entitled to ten cents ($0.10) per mile for 
 each mile traveled. (L. 7 95,' Sec. 1, p. 26.) 
 
 132. Number of Ballots for Each Precinct. 
 
 The clerk of the board of county commissioners of each 
 county shall provide, for each election precinct in the county, 
 two ballots for every elector registered in the precinct. If 
 there is no register in the precinct, the clerk of the board of 
 county commissioners shall provide ballots to the number of 
 two for each elector who voted at the last preceding election 
 in the precinct: Provided, That if he has reason to believe 
 that there has been an increase in the number of electors in 
 any precinct where there is no register, he shall provide for 
 such precinct the number of ballots double the estimated num- 
 ber of electors in such precinct: And provided further, That 
 in municipal elections it shall be the duty of the municipal 
 clerk to provide ballots as specified in this section. (L. '95, 
 Sec. 1, p. 35.) 
 
52 Election Laws of the State of Washington. 
 
 REGISTRATION OF VOTERS. 
 
 133- Registration of Voters. 
 
 In all cities and towns, and all voting precincts having a 
 voting population of two hundred and fifty or more, who are 
 entitled to the right of suffrage, as shown by the number of 
 votes cast at the preceding general election, there shall be a 
 registration of voters, prior to all general or municipal elec- 
 tions, as herein provided. (L. 7 90, Sec. 1, p. 414.) 
 
 134. Registration of Voters in Precincts Overlapping Corporate Boundary 
 
 Lines. 
 
 In precincts where an incorporated city or town forms a 
 part of voting precinct, and where any portion of a city or 
 town forms a part of a precinct extending beyond the corpor- 
 ate limits, there shall be a registration of voters: Provided, 
 The board of county commissioners may appoint the clerk of 
 a city or town in such a precinct the officer of registration for 
 that portion of such a precinct without the city or town, but 
 the voters within the city or town, and those without, shall 
 be registered in separate poll books of registration. (L. '91, 
 Sec. 1, p. 198.) 
 
 135. Voters of Such Precincts, by Whom to Be Registered. 
 
 The voters of any such precinct resident within the cor- 
 porate limits of an incorporated city or town, shall be regis- 
 tered by the clerk of said city or town, and those voters resi- 
 dent within the precinct, but without the corporate limits of 
 a city or town, shall be registered by an officer of registration 
 to be appointed by the board of county commissioners. (L. 
 '91, Sec. 2, p. 198.) 
 
 136. Time and Manner of Registration. 
 
 The time and manner of registration under this act shall 
 be the same as that prescribed by law. (L. '91, Sec. 3, p. 
 198.) 
 
Election Laws of the State of Washington. 53 
 
 137. Expense of Registration, How to Be Paid. 
 
 The expense of registration in all cities and towns shall 
 be paid by such cities or towns, and the expense of registration 
 in precincts outside of cities and towns shall be paid by the 
 county in which such precincts are situated. (L. ? 91, Sec. 
 4, p. 198.) 
 
 138. Duplicate Poll Books to Be Opened. 
 
 It shall be the duty of the mayor or chief executive officer 
 of such city or town immediately upon the taking effect of 
 this act, to procure and open for the registration of voters dupli- 
 cate poll books for each ward or voting precinct of such city 
 or town, and on the first Monday of January of each year to 
 procure and open like books of registration for each of said 
 wards and voting precincts; and for all precincts having a vot- 
 ing population of two hundred and fifty (250) or more, out- 
 side of any city or town, the board of county commissioners 
 for the county in which any such precinct exists shall, in like 
 manner, procure and open duplicate poll books for the regis- 
 tration of voters in such precinct or precincts, and shall des- 
 ignate a legal voter in each of said precincts, who shall be the 
 officer of registration in such r>recinct, whose duties shall be 
 the same as those devolving upon the city or town clerk under 
 the provisions of this act: and the board of county commis- 
 sioners shall fix the compensation of such officer of registration, 
 which shall be paid the same as other election expenses. (L. 
 '05, Sec. 1, p. 346.) 
 
 139. Poll Books, Where to Be Kept. 
 
 Such poll books shall at all time except as herein otherwise 
 provided, be kept at the office of such city or town clerk or of- 
 ficer of registration of such city, town or precinct: and the 
 city or town clerk, or the person designated by the board of 
 county commissioners as herein provided, shall be the officer 
 of registration of such city, town or precinct; and it shall be 
 his duty to register all citizens of such city, town or voting 
 
54 Election Laws of the State of Washington. 
 
 precinct, on such poll books, as hereinafter provided: Pro- 
 vided, That in all cities of the first class the registration poll 
 books for each precinct in such city shall be opened in such 
 precinct for a period of not less than two nor more than six 
 consecutive week days at a time to be designated by notice, 
 at least thirty days prior to any general or municipal election, 
 and the registration books in the several precincts, shall be 
 kept opened between the hours of nine A. M. and nine P. M. 
 of each of such days for the registration of voters qualified to 
 register : and the city clerk shall designate a legal voter in each 
 of such precincts who shall be the officer of registration in 
 such precinct and whose duties shall be the same as those de- 
 volving upon the city clerk in matters of registration of voters ; 
 And provided further, That the city clerk of such city of the 
 first class shall cause to be set forth in the notice required to 
 be published by section 1453 of Ballinger's Annotated Codes 
 and Statutes of the State of Washington, the time when and 
 place where the registration poll books for each precinct in 
 such city will be opened in such precinct for the registration 
 of voters of such precinct qualified to register: Provided, 
 however, That said precinct registration shall not be held in 
 any city or the precincts thereof more than once in any one 
 calender year. (L. ? 05, Sec. 2, p. 34Y.) 
 
 140. Effect of Registration as Evidence of Right to Vote. 
 
 It shall be the duty of all citizens of such city, town or 
 voting precinct, after the opening of the books as herein pro- 
 vided, to apply to the city or town clerk, or officer of registra- 
 tion, and be registered therein, at such time or times as said 
 books shall be open for that purpose, as provided in this act; 
 and such registration, when made as in this chapter provided, 
 shall entitle such citizens to vote in their respective wards and 
 precincts. If such citizens are otherwise legally qualified 
 voters at such election, and have so caused themselves to be 
 registered, such registration shall be prima facie evidence of 
 the right of such citizens to vote at any election held in such 
 
Election Laws of the State of Washington. 55 
 
 city, town or precinct subsequent to such registration, and pre- 
 ceding the first Monday of January next thereafter. (L. 
 '90, Sec. 4, p. 415.) 
 
 141. Officer of Registration Must Publish Notice. 
 
 It shall be the duty of the city or town clerk, or officer of 
 registration, upon receipt of the poll books in this chapter 
 provided for, to cause to be published a notice in a newspaper 
 of general circulation in such city, town or precinct, for ten 
 days, notifying the citizens of said city, town or precinct, that 
 they can register at his office, and if in the city of the first class, 
 in each precinct, at the place and during the time designated 
 in such notice, as provided in section llj.51, according to the 
 provisions of this chapter ; and a like notice shall be published 
 each year, within twenty days after the first Monday in Jan- 
 uary of each year. (L. '03, Sec. 2, p. 81.) 
 
 142. Poll Books, When Closed. 
 
 The poll books in this chapter provided for shall be open 
 at all times during the year for the registration of voters, ex- 
 cept that they shall be closed on any day in which a primary 
 election shall be held in such city or town under the laws gov- 
 erning primary elections in cities and towns, and excepting 
 that they sl^all be closed in all general, special and municipal 
 elections for the purpose of organization, twenty days pre- 
 ceding any election to be held in said citv. town or precinct. 
 The city or town clerk or officers of registration shall give no- 
 tice of the closing of said books by notice to be published at 
 least ten days in a newspaper of general circulation in such 
 city, town or precinct, and by posting written or printed no- 
 tices in three of the most public places in such city, town or 
 precinct, at least ten days preceding the day of such closing, 
 and such notice of publication shall have at least two inser- 
 tions in such newspaper; in all special city, town or precinct 
 elections such notice shall be given by the posting aforesaid 
 only at least five days before such closing, and the poll books 
 
56 Election Laws of the State of Washington. 
 
 shall be closed ten days preceding all such special or local elec- 
 tions. (L. '01, Sec. 6, p. 284.) 
 
 143. Form and Method of Registration. 
 
 The poll books aforesaid shall be so arranged as to admit 
 the alphabetical classification of the names of the voters, and 
 ruled in parallel columns, with appropriate heads as follows: 
 Date of registration; names; ages; occupation; place of resi- 
 dence; place of birth; time of residence in the state, county, 
 ward and precinct, and if of foreign birth, name and place 
 of court and date of declaration of intention to become a citi- 
 zen of the United States, or date of naturalization, and with 
 column headed "Signature" for signature of the voter at the 
 time of registering, and another and similar column immedi- 
 ately following, headed "Identification," for the signature of 
 the voter in case he be challenged when he offers to vote, and 
 a column for remarks, and one column for checking the name 
 of voter at the time of voting. If the voter registering is of 
 foreign birth, he shall at the time of registering produce satis- 
 factory evidence to the registration officer that he was at the 
 time of the adoption of the constitution of the State of Wash- 
 ington a qualified elector of this state, or that he is a natural- 
 ized citizen of the United States. Under the head of place 
 of residence shall be noted the number of lot and block or 
 number and street where the applicant resides or some other 
 definite description sufficient to locate the residence; and the 
 voter so registered as provided in this section shall sign his 
 name in each of the duplicate poll books on the registry op- 
 posite the entries above required, in the column headed "Sig- 
 nature," unless he is a qualified elector at the time of the tak- 
 ing effect of this act, and shall not be capable of writing his 
 name, or in case of physical infirmity he be imable to write 
 his name, in either of which cases he shall on the left hand 
 margin of said column make his mark or cross and such other 
 mark as is usual in indicating his signature, and some per- 
 son who personally knows said voter, and who is personally 
 
Election Laws of the State of Washington. 57 
 
 known to the registering officer and who is capable of writing 
 his name shall sign in said column immediately opposite said 
 mark, as an identifying witness thereto. (L. '05, Sec. 3, p. 
 347.) 
 
 144. Voter Must Register in Person. 
 
 E"o person shall be registered unless he appears in person 
 before the city or town clerk or officer of registration at his 
 office during office hours and apply to be registered and give 
 his name, age, occupation, number of place or residence, place 
 of birth, time of residence in the state, county, ward or pre- 
 cinct, and if naturalized, furnish satisfactory evidence to 
 such registration officer that he is capable of reading and speak- 
 ing the English language so as to comprehend the meaning of 
 ordinary English prose, unless he is incapacitated through 
 physical infirmities, in which case he shall furnish satisfac- 
 tory evidence that he was before such infirmity capable of 
 reading and speaking the English language, unless such per- 
 son so offering was a qualified elector at the time of the taking 
 effect of this act, in which case the provisions with reference 
 to reading and speaking the English language shall not apply ; 
 and such applicant shall make and subscribe to the following 
 oath or affirmation : 
 
 STATE OF WASHINGTON ) 
 
 County of ' j SS> 
 
 I ? } do solemnly swear or affirm that I am 
 
 a male person over twenty years, eleven months and ten days of age, that 
 I am a native born or naturalized citizen of the United States, or was a 
 legal elector of the Territory of Washington at the time of the adoption 
 of the constitution of the State of Washington; that I have been an actual 
 permanent resident of the State of Washington for eleven months and 
 
 ten days last past, of the county of for seventy days last past 
 
 and of the precinct ten days last past, and I have not lost my 
 
 civil rights by being convicted of an infamous crime; that I was either 
 a qualified elector on the first day of July, 1901, or that I can read and 
 speak the English language. 
 
 Subscribed and sworn to before me this day of 
 
58 Election Laws of the State of Washington. 
 
 Said affidavit shall be bound, in book form and preserved 
 with the other records of the city, town or precinct. (L. '01, 
 Sec. 8, p. 284.) 
 
 145. No One Can Vote Unless Registered. 
 
 !N"o person shall be entitled to vote at any election in any 
 such city, town or precinct who is not registered according to 
 the provisions of this act. The registration shall not be con- 
 clusive evidence of the right of any registered person to vote, 
 but said person may be challenged and required to establish 
 his right at the polls in the manner as may be required by 
 law. (L. '90, Sec. 9, p. 416.) 
 
 146. Registration Officer Shall Administer Necessary Oaths. 
 
 The city or town clerk, or officer of registration, is hereby 
 empowered to administer all necessary oaths in examining 
 an applicant for registration, or any witness he may offer in 
 his behalf, in order to ascertain his right to be registered under 
 the provisions of this act; and the said clerk or registration 
 officer shall closely examine any applicant for registration 
 whose right to registration he may doubt, or who may be chal- 
 lenged, and shall explain to him the necessary qualifications 
 of a voter, and if the applicant for registration be entitled to 
 vote at the next election he shall be registered, otherwise he 
 shall not. (L. '93, Sec. 4, p. 74.) 
 
 147. Change of Residence Must Be Noted on Poll Books. 
 
 If a citizen of any city, town or voting precinct shall dur- 
 ing the year for which he has been registered, change his resi- 
 dence from one ward or voting precinct in said city or town, 
 to another ward or voting precinct in said city or town, or 
 from any precinct outside a city or town in which registration 
 is required to another voting precinct, in the same county, in 
 which such registration is required under the provisions of 
 this act, he shall apply to the city or town clerk or officer of 
 registration to have said removal noted on said poll books, when 
 the same are open. The clerk or officer of registration shall 
 
Election Laws of the State of Washington. 59 
 
 register said person in the ward or voting precinct to which 
 he has removed, and run a red ink line across his name in the 
 ward or precinct book of his former residence, and likewise 
 note the transfer in the column "remarks," in said poll book. 
 (L.' 90, Sec. 12, p. 417.) 
 
 148. Registration Officer Must Prepare Certified Copies of Poll Books for 
 
 Voting Precincts. 
 
 It shall be the duty of the clerk or officers of registration, 
 immediately upon the close of the poll books preceding any 
 election, to be held in said city, town or voting precinct, to 
 certify to the authenticity of said duplicate poll books and, in 
 time for the opening of polls as provided by law, to have one 
 of said duplicate poll books at each of the voting precincts, 
 and deliver the same to the inspector or one of the judges of 
 said election, and take his receipt therefor. The other of said 
 duplicate poll books shall remain in the custody of the said 
 clerk or officer of registration. (L. '05, Sec. 4, p. 348.) 
 
 149. Judge Must Mark Names and Return Poll List After Election. 
 
 At every election one of the judges of election shall, as 
 each person registered votes, enter on the said poll book in the 
 check line opposite the name of such person the word "voted," 
 said poll book to be returned to the city or town clerk or of- 
 ficer of registration after said election, and by him preserved. 
 (L. '05, Sec. 5, p. 349.) 
 
 150. Neglect or Refusal of Election Officer to Perform Duty; Penalty. 
 
 If any officer shall neglect or refuse to perform any duty 
 required by this act, or in the manner required by this act, or 
 shall neglect or refuse to enter upon the performance of any 
 such duty, or shall enter, or cause or permit to be entered, on 
 the registry books the name of any person in any other man- 
 ner or at any other time than as prescribed by this act, or 
 shall enter or cause or permit to be entered, on such lists the 
 name of any person not entitled to be registered thereon ac- 
 cording to the provisions of this act, or shall destroy, secrete, 
 
60 Election Laws of the State of Washington. 
 
 mutilate, alter or change any such registry books, he shall, upon 
 conviction, be punished by confinement and hard labor in the 
 penitentiary not more than five nor less than one year, and 
 shall forfeit any office he may then hold. (L. '90, Sec. 15, 
 p. 418.) 
 
 151. Punishment for False and Fraudulent Registration. 
 
 If any person shall falsely swear or affirm in taking the 
 oath or making the affirmation prescribed in section 8 (Sec. 
 458, Code) hereof, or shall falsely personate another, and 
 procure the person fto personated to be registered, or if any 
 person shall represent his name to the city or town clerk, or 
 officer of registration, to be different from what it actually is, 
 and cause such name to be registered, or if any person shall 
 cause any name to be placed upon the registry list otherwise 
 than in the manner provided in this act, he shall be deemed 
 guilty of a felony, and upon conviction be punished by con- 
 finement and hard labor in the penitentiary not more than 
 five years nor less than one year. (L. '93, Sec. 5, p. 74.) 
 
 152. Registration of Voters. 
 
 The provsions of this act shall apply to all elections for 
 national, state, congressional, district, county or municipal 
 officers, and all general or special elections held within any 
 3uch cities, towns or precincts, except road elections and the 
 wards or voting precincts, established by the authorities of 
 any county, city or town shall be the same for all county, dis- 
 trict, state, congressional, national or other elections. (L. '95, 
 Sec. 1, p. 340.) 
 
Election Laws of the State of Washington. 61 
 
 PRIMARY ELECTIONS IN CITIES AND TOWNS. 
 
 153. Act to Govern Primary Elections in Cities and Towns. 
 
 All primary elections hereafter to be held by any volun- 
 tary political associations or party for delegates to any nomin- 
 ating convention of such party for candidates for public of- 
 fice shall be held under the provisions of this act in the in- 
 corporated cities and towns of this state. (L. 7 95, Sec. 1, p. 
 361.) 
 
 154. How Called. 
 
 Whenever such primary elections are called by any man- 
 aging committee authorized under the rules or customs of 
 such voluntary political association or party to call such pri- 
 mary elections, such call shall be made by resolution duly 
 passed by such managing committee and attested by the chair- 
 man and secretary of such committee. (L. '95, Sec. 2, p. 
 361.) 
 
 155. Notice Published. 
 
 This resolution shall be published in some newspaper of 
 general circulation in the city or town where such primary 
 election is to be held, at least ten days previous to the time set 
 for such election, and if there be no newspaper published 
 therein, then written copies of such resolution shall be posted 
 in two of the most public places in each precinct in said city 
 or town. (L. '95, Sec. 3, p. 361.) 
 
 156. Contents of Resolutions. 
 
 The resolutions shall declare First, The time and places 
 of holding such primary elections and the hours between which 
 the polls are to be kept open; second, the object of the election; 
 third, the qualifications required of voters in addition to those 
 prescribed by law; fourth, the number of persons to be elected 
 as such delegates in each polling precinct, and such other mat- 
 
62 Election Laws of the State of Washington. 
 
 ters as such managing committee, in accordance with the cus- 
 tom of such voluntary political association or party, usually 
 submit in an official call for such primary elections. (L. '95, 
 Sec. 4, p. 362.) 
 
 157. Qualifications of Voters. 
 
 The qualifications of voters at such primary elections, in 
 addition to those prescribed by such resolution, shall be the 
 same as those at a general election held under the general elec- 
 tion law of this state. (L. '95, Sec. 5, p. 362.) 
 
 158. Qualifications of Delegates. 
 
 Persons to be voted for as such delegates at such primary 
 election shall possess all the qualifications required of a voter 
 at such primary election in the respective voting precincts. 
 (L. '95, Sec. 6, p. 362.) 
 
 159. Number of Delegates Voted for. 
 
 The persons to be voted for as such delegates shall be se- 
 lected in excess by at least twice the number to be elected in 
 each polling precinct, and such selection shall be made at least 
 one day previous to such primary election by a caucus of the 
 qualified voters in each precinct, under such call or resolution, 
 and such caucus shall also select three reputable citizens, two 
 to act as judges and one as clerk of such primary election. 
 Such selection shall be certified to such managing committee 
 by the officers of such caucus. (L. '95, Sec. 7, p. 362.) 
 
 160. Qualifications of Judges and Clerks. 
 
 The qualifications and duties of the judges and clerks se- 
 lected by such caucus, and their organization into an election 
 board for their respective precincts, shall be similar to those 
 in the general election law, and such election board shall have 
 the right to question the voter as to his previous party affili- 
 ation, and shall have the same powers in administering oaths, 
 questioning voters as to their qualification, rejecting .ballots, 
 etc., as the election board has under the general election law 
 of this state. (L. '95, Sec. 8, p. 362.) 
 
Election Laws of the State of Washington. 63 
 
 161. Ballot. 
 
 The managing committee shall cause a list of the names 
 of such delegates so selected to be printed on one ballot of 
 convenient form for each polling precinct, which ballot shall 
 be the only ballot voted at such primary election and shall be 
 obtained only by the voters from the primary election officers 
 immediately before voting. (L. '95, Sec. 9, p. 362.) 
 
 162. List of Registered Voters. 
 
 It shall be the duty of the registration officers under the 
 general election law of this state to permit the judges or man- 
 aging committee of such primary elections to make a list of 
 the registered voters in the respective precincts. (L. '95, Sec. 
 11, p. 363.) 
 
 163. Tally List Kept Return. 
 
 It shall be the duty of the clerk of each primary election 
 board to keep a tally list of the names and residences of all 
 persons voting, numbered in the order of the voting, and upon 
 canvassing the vote such clerk shall make a return of all per- 
 sons voted for, with the number of ballots cast for each per- 
 son. (L. '95, Sec. 12, p. 363.) 
 
 164. Ballot Boxes Exhibited. 
 
 Before receiving any ballots, the judges, in the presence 
 of the persons assembled at the polling places, shall open and 
 exhibit and then close the ballot box, and thereafter it must 
 not be removed from the polling place nor from the view of 
 the bystanders until all the ballots are counted, nor must it 
 be opened until the polls are finally closed. (L. '95, Sec. 13, 
 p. 363.) 
 
 165. Opening and Closing of Polls. 
 
 Before the judges receive any ballots they must cause it 
 to be proclaimed aloud at the places of election that polls are 
 open, and fifteen minutes before the time of closing that fact 
 must be proclaimed in like manner, and after the final closing 
 
64 Election Laws of the State of Washington, 
 
 of the polls no ballots must be received. (L. '95, Sec. 14, p. 
 363.) 
 
 1 66. Canvass of Votes. 
 
 On closing the polls the judges must immediately proceed 
 to canvass the votes in the presence of the bystanders, and 
 must continue the canvass without adjournment at the polling 
 place until complete and the results thereof declared. (L. 
 '95, Sec. 16, p. 363.) 
 
 167. Tally Lists and Ballots Filed. 
 
 After counting the votes, proclaiming the result and sign- 
 ing the return, the judges shall cause the tally list- and ballots 
 to be filed with the clerk of the county wherein such election 
 is held, which tally list and ballots shall be kept by him as 
 part of the public records until after the adjournment of the 
 convention for which such primary election was held, and 
 they shall cause the return to be filed with the managing com- 
 mittee under whose authority such primary election was called, 
 whereupon such managing committee shall issue certificates 
 of election in accordance with the result therein declared. 
 Such certificate shall be prima facie evidence of the person's 
 election. (L. '95, Sec. 16, p. 364.) 
 
 1 68. Falsifying Returns of Primary Elections. 
 
 Any judge or clerk who shall falsify any primary election 
 return, or in any manner violate the provisions of this act, 
 or make it possible to secure a return of such primary election 
 other than the true one bj fraudulently canvassing the votes 
 of such primary election, shall be deemed guily of a misde- 
 meanor, and upon conviction thereof shall be punished by a 
 fine of not less than one hundred nor more than three hundred 
 dollars, or by imprisonment in the county jail not less than 
 two nor more than six months, or by both fine and imprison- 
 ment, in the discretion of the court. (L. '95, Sec. 17, p. 364.) 
 
 169. Fraudulent Voting at Primary Elections. 
 
 First, Whoever fraudulently votes at any primary election ; 
 or second, offers to vote after having voted at such election ; 
 
Election Laws of the State of Washington. 65 
 
 or third, knowing that he is not a qualified voter under the 
 resolution or call of such managing committee at such primary 
 election willfully votes or offers to vote at such primary 
 election; or fourth, aids or abets any one not a qualified voter 
 at such primary election in voting; or fifth, by offering a re- 
 ward or bribe, either directly or indirectly, to influence, or 
 attempt to influence any elector at such primary election to 
 give or withhold his vote at such primary election; or sixth, 
 furnish a voter, or himself votes, a ballot other than the law- 
 ful ballot obtained from the officers of such primary election; 
 or seventh, fraudulently or deceitfully changes the ballot of 
 a voter; or eighth, prevents the voting of any qualified voter; 
 or ninth, exercises an unlawful influence over a qualified voter 
 at such primary election by means of violence or threats of 
 violence, or any other injury, or by bribery or by corrupt 
 means prevents or attempts to prevent any qualified voter 
 from attending or voting "at such primary election; or tenth; 
 gives, or offers to give, any valuable thing or bribe to any 
 judge or clerk of such primary election as a consideration for 
 some act to be done, or omitted to be done, contrary to his 
 duty in relation to such primary election; or eleventh, shall 
 in any manner interfere with or disturb any primary elec- 
 tion held under the provisions of this act, shall be deemed 
 guilty of a misdemeanor, and on conviction thereof shall be 
 punished by a fine of not less than fifty nor more than five 
 hundred dollars, or by imprisonment in the county jail for not 
 less than one nor more than six months, or by both fine and 
 imprisonment, in the discretion of the court. (L. '95, Sec. 
 18, p. 364.) 
 
 170. Penalty. 
 
 Any person who shall violate any section of this act for 
 which no punishment is herein especially provided, shall be 
 deemed guilty of a misdemeanor, and upon conviction thereof 
 shall be fined not less than fifty nor more than two hundred 
 
 5 
 
66 Election Laws of the State of Washington. 
 
 dollars, or by imprisonment in the county jail for not less than 
 one or more than three months, or by both fine and imprison- 
 ment, in the discretion of the court. (L. '95, Sec. 19, p. 365.) 
 
 PRIMARY ELECTIONS GENERALLY. 
 
 171. Regulation of Primary Elections. 
 
 All elections hereafter to be held by any voluntary politi- 
 cal association or party, for any delegates or managing com- 
 mittee, or for the nomination of candidates for public office, 
 shall be held under the provisions of this chapter, whenever 
 any committee, or body, authorized by the rules or customs 
 of such political association shall elect to accept and act under 
 such provisions. (L. '90, Sec. 1, p. 419.) 
 
 172. Decide by Resolution. 
 
 Whenever it shall be the desire of any such committee or 
 body that such election shall be held under the provisions of 
 this chapter, such desire and acceptance shall be expressed by 
 a resolution duly passed by such committee or body. (L. '90, 
 Sec. 2, p. 419.) 
 
 173. Form of Resolution. 
 
 The resolution must declare 
 
 1. The time and place of holding the election and the 
 hours between which the polls are to be kept open; and the 
 polls shall, in all cases, be kept open from twelve o'clock noon 
 to seven o'clock p. m. of the day on which the election is held. 
 
 2. The names of three reputable persons to act as judges. 
 
 3. The object of the election. 
 
 4. That such election will be held under the provisions 
 of the primary election law. 
 
 5. The qualifications required for voters, in addition to 
 those prescribed by law. (L. '90, Sec. 3, p. 419.) 
 
Election Laws of the State of Washington. 67 
 
 174. Publication of Notice of Election. 
 
 At least five days prior to any such election, a notice of 
 such election shall be published in some newspaper or news- 
 papers of general circulation in the district, ward, precinct, 
 township, city or county, in and for which the election is 
 called, and shall be posted in at least three public places, in 
 each polling precinct or district for which such election is to 
 be held. Such notice must be signed by the secretary of the 
 committee or body calling such election, and must state the 
 purpose, time, manner and conditions, together with the place 
 or places of holding such election ; also, the authority by which 
 the call or notice is published; and the three persons shall be 
 named therein who are appointed for each polling place to act 
 as judges of said election, and who shall supervise or preside 
 at such election in the polling precinct or district for which 
 they are respectively appointed, and such judges shall be legal 
 voters of and householders in the township, precinct, ward or 
 election district for which they are named. And said notice 
 shall likewise declare the qualifications of the persons to vote 
 at such election: Provided, That such prescribed qualifica- 
 tions shall not be inconsistent with those expressed in this 
 chapter. Such notice will also declare that such election there- 
 in called will be held in pursuance of and subject to the pro- 
 visions of this chapter, under the title of "Primary election 
 law" ; and any election held in pursuance of any notice call- 
 ing for an election under the "primary election law" shall be 
 taken and deemed to be a primary election within the meaning 
 of this chapter. (L. '90, Sec. 4, p. 420.) 
 
 175. Judges of Election to Take Oath, Etc. 
 
 The persons named as judges of election in the notice re- 
 quired by section 471 of this volume of General Statutes, or 
 any persons assuming or chosen to be such judges in the ab- 
 sence, refusa^ or failure to act of any of the judges named in 
 such notice, shall first make oath or affirmation that they are 
 legal voters of and householders in the precinct, ward or elec- 
 
68 Election Laws of the State of Washington. 
 
 tion district for which they are appointed to serve; that they 
 will faithfully and correctly conduct such election, protect it 
 against all frauds and unfairness, carefully and truly canvass 
 all votes cast thereat, and in every way conform to the provi- 
 sions of this chapter and of the notice or call for the election, 
 which oath may be administered by any one of the judges, 
 or by any person authorized under the laws of this state to 
 administer oaths. And if one or all of the judges appointed 
 to serve at the election be absent, or refuse or fail to serve at 
 the hour appointed for the election to begin, then the electors 
 present, to the number of not less than five, possessing the 
 qualifications of persons entitled to vote at said election, shall 
 choose a person or persons to fill any vacancy or vacancies that 
 may exist. The judges, before proceeding with the election, 
 shall appoint two clerks to assist them in receiving and count- 
 ing the votes cast, to each of whom shall be administered by 
 one of the judges, an oath similar to that taken by the judges 
 of election, omitting the statement that affiant is a householder. 
 Any violation of the provisions of this section shall be deemed 
 a misdemeanor, and shall subject the offender on conviction 
 to punishment by a fine of not less than fifty dollars nor more 
 than two hundred dollars, or by imprisonment in the county 
 jail not less than one nor more than six months, or by both 
 such fine and imprisonment, in the discretion of the court. 
 (L. '90, Sec. 5, p. 520.) 
 
 176. Duty of Judges Rejection of Vote. 
 
 It shall be the duty of the judges of said election to enter- 
 tain objections made by any qualified elector under said pub- 
 lished call or notice to any vote which may be offered, on the 
 ground that the person offering it is not entitled to vote under 
 the terms of said call for said election, or that he is not a citi- 
 zen of the United States or a legal resident and voter under 
 the general election laws of the state in the election precinct, 
 ward, township or district for which the election is held, or 
 that he has received or been promised, directly or indirectly, 
 
Election Laws of the State of Washington. 69 
 
 any money, fee or reward for his vote for any candidate, or 
 that he has voted before at that place, or some other place, on 
 that day, or at the same election; and it shall be the duty of 
 one of the judges of the election, if such objection be not with- 
 drawn, to administer to the person so offering to vote an oath 
 or affirmation to the general effect that he will truly testify 
 to all matters relating to his qualifications, under said pub- 
 lished call or notice, and under the general election laws of 
 the state. It shall then be the duty of the judges to interro- 
 gate the person so objected to as to all matters in particular 
 upon which said objection was made, and generally as to all 
 of his qualifications as an elector at such election. If the per- 
 son so objected to shall refuse to answer any questions asked, 
 after said oath or affirmation shall have been administered, or 
 shall refuse to take such oath, it shall be the duty of the judges 
 to reject such vote; and they shall also reject such vote unless 
 such person shall file with them a written or printed, or partly 
 written and partly printed statement, by him signed, that he 
 is a qualified voter of the election district in which such elec- 
 tion is held, and entitled to vote at such election; and unless 
 such statement shall be accompanied by a similar statement 
 of some person known to at least one of the judges to be a 
 qualified voter in that district, to the effect that he knows the 
 person so challenged, and that his statement is true, which 
 said last statement must also be subscribed by the party mak- 
 ing it. If such statement shall be filed, and such oath be 
 taken, and such questions answered in such a manner as to 
 show that the applicant is qualified to vote at such election, it 
 shall be the duty of the judges of the election to receive such 
 vote, and the word "sworn" shall be noted opposite the per- 
 son's name on the poll list, to be kept as hereinafter provided. 
 Any violation of the provisions of this section by the judges 
 or clerks of the election, or either of them, shall be deemed a 
 misdemeanor, and upon conviction, shall subject the party so 
 offending to punishment by a fine of not less than one hun- 
 dred dollars nor more than three hundred dollars, or by im- 
 
70 Election Laws of the State of Washington. 
 
 prisonment in the county jail for not less than two nor more 
 than six months, or by both such fine and imprisonment, in 
 the discretion of the court; and any person who shall, upon 
 taking such oath or affirmation, and under the examination 
 herein authorized, wilfully make a false statement as to a 
 matter pertinent and material in guch examination, shall be 
 deemed guilty of perjury, and upon conviction thereof, be 
 punished as prescribed by law for such offense. (L. '90, Sec. 
 6, p. 421.) 
 
 177. Illegal Voting, Bribery, Fraud. Etc.; How Punished. 
 
 Whoever fraudulently votes at anv primary election, or 
 offers to vote after having once voted at such election, or 
 knowing that he is not a qualified voter at such election, will- 
 fully votes or offers to vote at such election; or willfully aids 
 or abets any one not qualified 'to vote at such primary election 
 in attempting to vote at such election; or by offering a reward 
 or bribe, or by treating or giving to him any spirituous, malt 
 or other liquors, either directly or indirectly influences or at- 
 tempts to influence any voter in giving or withholding his vote 
 at such election; or furnishes a voter with a ticket or ballot, 
 informing him that it contains a name or names different 
 from those which appear thereon, with intent to induce him 
 to vote contrary to his intention; or fraudulently or deceit- 
 fully changes a ballot of a voter with intent to prevent such 
 voter from voting for such person as he intended; or endeav- 
 ors to prevent the voting of any voter, or the exercise of law- 
 ful influence by any person over a voter at such election, for 
 himself or against any person, by means of violence or threats 
 of violence, or threats of withdrawing custom or dealing in 
 business or trade, or enforcing the payment of a debt, or 
 bringing a suit or criminal presecution, or any other threat of 
 injury to be inflicted by him or by such means ; or by bribery, 
 or by corrupt or unlawful means, prevents or attempts to pre- 
 vent any voter from attending or voting at such election; or 
 gives or offers to give any valuable thing or bribe to any judge 
 
Election Laws of the State of Washington. 
 
 71 
 
 or clerk of such election, as a consideration for some act to 
 be done, or omitted to be done, contrary to his duty in relation 
 to such election, or shall interfere with or disturb in any man- 
 ner, any election held under the provisions of this chapter 
 shall be deemed guilty of a misdemeanor, and on conviction 
 thereof shall be punished by a fine not exceeding five hundred 
 dollars, or by imprisonment in the county jail not less than 
 two nor more than six months, or by both such fine and im- 
 prisonment, in the discretion of the court. (L. '90, Sec. 7, 
 p. 422.) 
 
 178. Clerk of Election Must Keep Poll List. 
 
 Each clerk must keep a list of persons voting, and the 
 names and residence of each person who votes must be entered 
 thereon and numbered in the order of voting. (L. '90, Sec. 
 8, p. 423.) 
 
 179. Each Clerk of Election Must Keep Record of Challenges. 
 
 The judges must cause one of the clerks to keep a list 
 showing 
 
 1. The names and residences of all persons challenged. 
 
 2. The grounds of such challenge. 
 
 3. The determination of the board upon the challenge. 
 (L. '90, Sec. 9, p. 423'.) 
 
 1 80. Form of Poll Lists and Tally Lists to Be Kept by Clerk. 
 
 The following is substantially the form of the poll lists 
 and tally lists to be kept by the clerks of election : 
 
 Of the primary elections held in the precinct of the 
 
 ward of , in the county of , on the day of 
 
 , in the year of A B, C D and E F, judges, and 
 
 G H and J K, clerks of said election, were respectively sworn 
 
 (or affirmed) as the law directs, previous to their entering on the duties 
 of their respective offices. 
 
 Numbers and names of electors voting: 
 
 NO. 
 
 NAME AND 
 
 RESIDENCE. 
 
 NO. 
 
 NAME 
 
 AND RESIDENCE. 
 
 1 
 
 A. 
 
 B. 
 
 3 
 
 E. 
 
 F. 
 
 2 
 
 C. 
 
 D. 
 
 4 
 
 G. 
 
 H. 
 
72 Election Laws of the State of Washington. 
 
 We hereby certify that the number of electors voting at this election 
 is .............. 
 
 : ^ ]?' I Cl 
 J K, j 
 
 Attest: ' Clerks. 
 
 A B, J 
 
 CD, v Judges of Election. 
 E F, j 
 
 Names of persons voted for and for what position, and number of 
 votes given for each candidate. 
 
 We hereby certify that A B had ........ votes for .......... ; and 
 
 that C D had ........ votes for ........ ; that E F had ........ votes 
 
 for ........ , etc. 
 
 Attest: ?' 5' ! Clerks. 
 J* K, [ 
 
 (L. '90, Sec. 10, p. 424.) 
 
 A, B, J 
 
 C, D, v Judges of Election. 
 
 E, F, 
 
 181. Any Judge or Clerk May Administer or Certify Oaths. 
 
 Any one of the judges or either clerk may administer and 
 certify oaths required to be administered during the progress 
 of an election held under this chapter. (L. '90. Sec. 11, p. 
 424.) 
 
 182. Duty of Judges as to Ballot Box. 
 
 Before receiving any ballots, the judges must, in the pres- 
 ence of the persons assembled at the polling place, open and 
 exhibit 'and then close the ballot box; and thereafter it must 
 not be removed from the polling place nor the view of the 
 bystanders until all the ballots are counted, nor must it be 
 opened until after the polls are finally closed. (L. '90, Sec. 
 12, p. 424.) 
 
 183. Polls, How to Be Opened Ballots Cast to Contain What. 
 
 Before the judges receive any ballots, they must cause it 
 to be proclaimed aloud, at the place of the election, that the 
 polls are open. All ballots cast shall contain the full name 
 or initial of the candidate voted for. (L. '90, Sec. 13, p. 
 424.) 
 
Election Laws of the State of Washington. 73 
 
 184. Proclamation as to Closing Polls. 
 
 Fifteen minutes before the time when the polls are to be 
 closed, that fact must be proclaimed aloud at the place of 
 election; and after the polls are closed no ballots must be re- 
 ceived. (L. '90, Sec. 14, p. 425.) 
 
 185. BaUots, How Canvassed Proclamation of Result. 
 
 As soon as the polls are finally closed the judges must im- 
 mediately proceed to canvass the votes given at such election. 
 The canvass must be public, in the presence of the bystanders, 
 and must be continued without adjournment until completed 
 and the result thereof is declared; and must also be conducted 
 at the polling place where the election is held; where, also, 
 the result as to each candidate voted for must be, immediately 
 on the completion of such canvass publicly proclaimed by one 
 of the judges, in a loud voice, and such proclamation shall 
 be prima facie evidence of the result. CL. '90, Sec. 15, p. 
 425.) 
 
 1 86. Equalizing Number of Ballots With Number of Names on Poll Lists. 
 
 In conducting the canvass the judges shall first count the 
 whole number of ballots in the box, and if the number of such 
 ballots shall be found to exceed the number of names entered 
 on the polling list they shall reject so many thereof, without 
 opening the same or examining or looking at the names there- 
 on, as may be necessary to make the number of ballots corre- 
 spond to the number of names entered on the polling lists. 
 (L. '90, Sec. 16, p. 425.) 
 
 187. Poll Lists Must Be Signed by Judges and Attested by Clerks. 
 
 The number of ballots agreeing, or bein<r thus made to 
 agree, with the number of names on the list, the lists must be 
 signed by the judges of election and attested by the clerks, and 
 the number of names thereon must be set down in words and 
 figures at the foot of each list, and over the signatures of the 
 judges and the attestation of the clerks, substantially in the 
 
74 Election Laws of the State of Washington. 
 
 form prescribed in section four hundred and seventy-seven of 
 this volume of General Statutes. (L. '90, Sec. 17, p. 425.) 
 
 188. Counting Ballots, How to Be Conducted. 
 
 After the lists are thus signed, the judges must proceed to 
 count and ascertain the number of votes cast for each person 
 voted for. The ballots must be taken out and opened by one 
 of the judges, and by him distinctly read aloud, and inspected 
 by the other two judges. (L. '90, Sec. 18, p. 425.) 
 
 189. Each Clerk Must Keep Tally. 
 
 Each clerk must write down each office or position to be 
 filled, and the name of each person voted for to fill such office, 
 and keep the number of votes for each person for each office by 
 tallies, as they are read aloud. (L. '90, Sec. 19, p. 425.) 
 
 190. Lists to Be Signed by Judges and Attested by Clerks. 
 
 As soon as all the votes are counted there must be attached 
 to the tally lists, lists containing the names of persons voted 
 for and for what office, and the number of votes given for each 
 candidate, the number being written at full length, and such 
 lists must .be signed by the judges and attested by the clerks 
 substantially in the form in section four hundred and seventy- 
 seven of this volume of General Statutes given. (L. '90, 
 Sec. 20, p. 426.) 
 
 191. Duty of Officers as to Ballots. 
 
 After counting the votes, proclaiming the result and sign- 
 ing the lists as above provided, the judges must cause the 
 statements provided for in section four hundred and seventy- 
 three of this volume of General Statutes, the ballots and one 
 copy of the lists, to be delivered to the clerk signing the no- 
 tice of election, and one of the judges must retain the other 
 lists for twenty days after the election, and such statements, 
 ballots and lists returned to the said clerk shall be by him, 
 after the expiration of twenty days, delivered to the county 
 clerk of the countv in which such election was held, and by 
 
Election Laws of the State of Washington. 75 
 
 that officer kept with the books and papers of his office, open 
 like other public records to public inspection, for the space of 
 three months, at the end of which time, if no legal proceedings 
 have been instituted in which such lists, ballots or statements 
 may be useful as evidence, said county clerk may then de- 
 stroy the same. (L. '90, Sec. 21, p. 426.) 
 
 192. Certificates of Election to Be Issued. 
 
 The board of election must issue certificates of election to 
 all persons who are chosen to fill any position by the vote of 
 their election district. (L. '90, Sec. 22, p. 426.) 
 
 193. No One Shall Vote Unless He Is a Qualified Elector. 
 
 It shall be unlawful for any person to vote at any primary 
 election, or at any election to select delegates to any conven- 
 tion, called either for the purpore of nominating a candidate 
 or candidates for any elective office, or for the purpose of 
 selecting other delegates to such convention, unless such per- 
 son so voting, or offering to vote, has the qualification of any 
 elector in the district embraced within the call of said primary 
 election, at a general or special election held under and in con- 
 formity with the general election laws of this state. (L. '90, 
 Sec. 23, p. 426.) 
 
 194. Penalty for Violation of Preceding Section. 
 
 Any person violating the provisions of the foregoing sec- 
 tion shall, on conviction thereof, be fined in any sum not less 
 than one hundred nor more than five hundred dollars, or im- 
 prisoned in the county jail not less than two nor more than 
 six months, or both, in the discretion of the court. (L. '90, 
 Sec. 24, p. 427.) 
 
 195. Violation of Primary Election Law Is Misdemeanor; Penalty. 
 
 Any person who shall be convicted of the violation of any 
 of the provisions of this chapter, for which no punishment is 
 herein especially provided, shall be deemed guilty of a mis- 
 demeanor, and upon conviction thereof shall be fined not less 
 than fifty dollars nor more than two hundred dollars, or im- 
 
76 Election Laws of the State of Washington. 
 
 prisoned in the county jail not less than one month nor more 
 than six months, or punished by both such fine and imprison- 
 ment, in the discretion of the court (L. '90, Sec. 25, p. 427.) 
 
 CRIMES AND MISCONDUCT AT ELECTIONS. 
 
 196. Intimidation of Voters 
 
 ~No person shall in any way directly or indirectly, by men- 
 ace or other corrupt means or device, (directly or indirectly), 
 attempt to influence any person in giving or refusing to give 
 his vote in any such election, or to deter or dissuade any per- 
 son from giving his vote therein, or to disturb, hinder, per- 
 suade, threaten or intimidate any person from giving his vote 
 therein, nor shall any person at any such election, knowingly 
 and willfully make any false assertion or propogate any false 
 report concerning any person who shall be a candidate thereat, 
 which shall have a tendency to prevent his election, or with 
 a view thereto, and if any person shall be guilty of any act 
 forbidden or declared to be unlawful by this section, he shall 
 be deemed and taken to be guilty of a misdemeanor and, on 
 conviction thereof, shall be punished by fine or imprisonment, 
 or both at the discretion of the court, before which such con- 
 viction shall be had : Provided, That in no case shall such 
 fine exceed the sum of two hundred and fifty dollars, or such 
 imprisonment the term of six months. (Cd. '81, Sec. &140.) 
 
 197. Fraud on Illiterate Voter. 
 
 If any person shall furnish any elector wishing to vote at 
 any election held pursuant to law who cannot read, with a 
 ticket, such person informing or giving such elector to under- 
 stand that it contains a name or names written or printed 
 thereon, different from the name or names which are written 
 or printed thereon, such person shall upon conviction thereof, 
 be fined in any sum not less than fifty nor more than five hun- 
 dred dollars. (Cd. '81, Sec. 3141.) 
 
Election Laws of the State of Washington. 77 
 
 198. Vote for Wrong Person by Deceit. 
 
 If any person shall defraud any elector at any such elec- 
 tion, by deceiving and causing him to vote for a different per- 
 son for any office than such elector desired or intended to vote 
 for, or shall fraudulently attempt to deceive and cause such 
 elector thus to vote for a different person for any office than 
 he intended and desired to vote for, such person upon convic- 
 tion thereof shall be fined in any sum not less than fifty nor 
 more than five hundred dollars. (Cd. 7 81, Sec. 3142.) 
 
 199. Fraudulent Voting. 
 
 Any person who shall fraudulently vote at any election to 
 be held under the present or future law of this territory, who 
 shall not be duly qualified to vote at the place where, and time 
 when his vote is given or offered, knowing that he is not duly 
 qualified, shall be deemed guilty of a misdemeanor, and on 
 conviction thereof shall be punished by a fine not exceeding 
 five hundred dollars, or imprisonment not exceeding one year, 
 or both at the discretion of the court before which such con- 
 viction is had. (Cd. '81, Sec. 3143.) 
 
 200. Double Voting. 
 
 If any person who shall have voted in any such election 
 shall offer himself a second time as a voter in such election, he 
 shall be deemed and taken to be guilty of a misdemeanor and 
 on conviction thereof shall be punished by fine or imprison- 
 ment at hard labor, or both at the discretion of the court, be- 
 fore which such conviction shall be had : Provided, That in 
 no case shall such fine exceed the sum of five hundred dollars, 
 or such imprisonment the term of one year. (Cd. ? 81, Sec. 
 3144.) 
 
 201. Election Officer Electioneering. 
 
 If any inspector, judge or clerk of election while acting 
 as such, shall induce or attempt to induce any elector, either 
 by menace or reward, or promise thereof, to vote differently 
 from what such elector shall intend or desire to vote, such 
 
78 Election Laws of the State of Washington. 
 
 person so offending shall, upon conviction thereof, be fined 
 in any sum not less than fifty nor more than five hundred 
 dollars. (Cd. '81, Sec. 3145.) 
 
 202. Election Officer Prying Into Ballots. 
 
 If any inspector, judge or clerk of any election shall, 
 previous to putting the ballot of any elector in the ballot box, 
 attempt to pry into, or find out, any name or names on such 
 ballot, which shall have been handed in by said elector in a 
 folded form, or if any inspector, judge or clerk of any election 
 shall open, or suffer the folded ballot of any elector which has 
 been handed in to the board of judges, 'by any elector, with 
 a view to ascertain the name of any person, or persons for 
 whom such elector shall have voted at any such election, or 
 if any inspector, judge or clerk of an election, without the 
 consent of the elector, shall disclose the name of any person 
 or persons which such inspector, judge or clerk shall have 
 fraudulently or illegally discovered to have been voted for 
 by such elector at any election, every such inspector, judge or 
 clerk of an election so offending, upon conviction thereof, 
 shall be fined in any sum not less than fifty nor more than five 
 hundred dollars. (Cd. '81, Sec.' 3146.) 
 
 203. Any Violation of Law a Misdemeanor. 
 
 If the secretary of the territory, or any inspector, judge, 
 board of judges, board of county commisisoners, judge of 
 probate, clerk of the district court, county auditor, clerk of 
 probate court or clerk of election on whom any duty is enjoined 
 by this act, shall be guilty of any willful neglect of such duty, 
 or of any fraudulent or corrupt conduct in the execution of 
 any such duty, he or they so offending shall, on conviction 
 thereof, be fined in any sum not exceeding two thousand dol- 
 lars, to which may be added imprisonment in the county jail 
 not exceeding one year. (Cd. '81, Sec. 3147.) 
 
 204. Bribery or Influencing Voter 
 
 If any candidate for office, in any election as hereafter 
 mentioned, under the laws of this territory, or any other per- 
 
Election Laws of the State of Washington. 79 
 
 son, shall, directly or indirectly offer, promise, procure, confer 
 or give any money, property, thing in action, victuals, drink, 
 preferment, or other consideration or valuable thing, by way 
 of fee, reward, gift or gratuity, for giving or refusing to give 
 any vote in any election of any public officer, territory, county, 
 or municipal whatever, or ar>- ^erson who shall carry voters 
 to any polling place, by wagon, steamboat or otherwise, for the 
 purpose of influencing their votes, such person shall be deemed 
 and taken to be guilty of a misdemeanor, and on conviction 
 thereof, be punished by fine or imprisonment or both, at the 
 discretion of the court, said fine not to exceed one thousand 
 dollars, nor such imprisonment to exceed six months, and fur- 
 ther, such person shall, on such conviction, and as part of 
 the judgment of the court, be deprived of the right of suf- 
 frage, and such candidate for office be disqualified to hold any 
 office to which he was elected at such election, and further, if 
 any person shall directly or indirectly ask for, accept, receive 
 or take any such bribe, or the promise thereof, by giving or 
 refusing to give his vote in any such election, he shall be 
 deemed guilty of a misdemeanor and punished with the like 
 penalties as hereinbefore prescribed. (Cd. '81, Sec. 3148.) 
 
 205. Unlawful Printing or Distributing of Official Ballots. 
 
 Any printer, business manager or publisher employed by 
 any officer authorized by the laws of this state to procure the 
 printing of any official ballot, or any person engaged in print- 
 ing the same who shall appropriate to himself or give or de- 
 liver or knowingly permit to be taken any of said ballots by 
 any other person than such officer authorized by law to receive 
 the same, or shall willfully print or cause to be printed any 
 official ballot in any other form than that prescribed by law 
 or as directed by the officer so authorized to procure the said 
 printing, or with any other names thereon or with the names 
 spelled otherwise than as directed by such officer, or the names 
 or printing thereon arranged in any other way than that auth- 
 orized and directed by law, shall be guilty of a misdemeanor, 
 
80 Election Laws of the State of Washington. 
 
 and upon conviction thereof shall be sentenced to pay a fine 
 not exceeding one thousand dollars nor less than five hundred 
 dollars, or imprisonment in the county jail for a term not ex- 
 exceeding one year nor less than six months, or both at the dis- 
 cretion of the court. (L. '93, Sec. 4, p. 274.) 
 
 206. Unlawful Possession or Counterfeiting of Official Ballots. 
 
 Any person other than the officer charged by law with the 
 care of ballots, or a person intrusted by any such officer with 
 the care of the same for the purpose required by law, who shall 
 have in his possession outside of the voting room any official 
 ballot, or any person who shall make or have in his possession 
 any counterfeit of any official ballot, shall be guilty of a mis- 
 demeanor, and upon conviction thereof shall be sentenced to 
 pay a fine of not exceeding one thousand dollars nor less than 
 five hundred dollars, or to undergo imprisonment in the county 
 jail for a term not less than six months or more than one year, 
 or both at the discretion of the court. (L. '93, Sec. 2, p. 
 274.) 
 
 CERTIFICATE OF SECRETARY OF STATE. 
 
 UNITED STATES OF AMERICA. 
 
 STATE OF WASHINGTON. 
 
 OFFICE OF 
 SECRETARY OF STATE. 
 
 I, Sam H. Nichols, Secretary of State of the State of 
 Washington, do hereby certify that the within and foregoing 
 contains all the existing laws of the State of Washington rela- 
 tive to elections, as amended to date. 
 
 In testimony whereof, I have hereunto set my hand and 
 affixed hereto the seal of the State of Washington. Done at 
 Olympia this first day of November, A. D. 1905. 
 
 [SEAL OF STATE.] SAM H. NICHOLS, 
 
 Secretary of State. 
 
INDEX. 
 
 A 
 
 APPEALS ( See also CONTESTS ) : Par. Pagt . 
 
 To Supreme Court how taken 104 43 
 
 B 
 
 BALLOTS ( See also CANDIDATES and VOTES ) : 
 
 How printed and distributed 22 9 
 
 "Stickers," for filling vacancies 34 15 
 
 County Commissioners to provide 36 16 
 
 What to contain printing of, etc 38 17 
 
 Form of 19 
 
 Number of for each precinct 40 20 
 
 Surplus destruction of 41 20 
 
 Errors or omissions in how cured 42 20 
 
 Delivery of to electors by whom 45 22 
 
 Spoiled voter to receive another 48 24 
 
 What void and not to be counted 51 26 
 
 Manner of voting by 61 29 
 
 Preservat ion of when rejected , 62 29 
 
 Number of for each precinct 132 51 
 
 For primary elections 161 63 
 
 Boxes for rules governing same 164 63 
 
 Of primary elections filed with county clerk 167 64 
 
 What to contain in primary elections 183 72 
 
 Equalization of with poll lists 186 73 
 
 Counting of how to be conducted 188 74 
 
 Unlawful printing or distribution 205 79 
 
 Unlawful possession or counterfeiting of 206 80 
 
 BOOTHS: 
 
 One person to occupy at a time , 47 24 
 
 Destruction of supplies of, etc. how punished 53 26 
 
 C 
 
 CANDIDATES (See NOMINATIONS ) : 
 
 How nominated 23 9 
 
 How nominated otherwise than by primary 26 11 
 
 Nominations of how certified 24 10 
 
 When to be nominated 126 50 
 
 Appointment of how effected 127 50 
 
 CERTIFICATES OF ELECTION: 
 
 County Auditor to issue to whom 80 86 
 
 Informality not to deter issuance of 86 38 
 
 To become void when 105 43 
 
 CHALLENGES: 
 
 By legal voters or election officers 63 30 
 
 On ground of infamous crime 68 32 
 
82 INDEX. 
 
 CITIES AND TOWNS: Par. Page. 
 
 Primary elections in (See PRIM ART ELECTIONS) 61 
 
 CLERKS (See also COUNTY CLERKS) : 
 
 Oath of office of form, etc 19 8 
 
 Appointment of at elections... 15 7 
 
 Qualifications of in primary elections 160 62 
 
 To keep and return tally lists 163 63 
 
 To keep poll list and record of challenges 178-9 71 
 
 To attest judges' signatures to poll lists 187 73 
 
 Each one must keep tally as counted 189 74 
 
 CONTESTS ( See also ELECTIONS) : 
 
 Who may contest elections 93 40 
 
 Statement of contestant 94 40 
 
 Sufficiency of testimony in 95 41 
 
 Statements of cause not to be rejected 96 41 
 
 Trials of 97 42 
 
 Citation and service 98 42 
 
 Witnesses in how summoned 99 42 
 
 Hearings of when and how held 100 42 
 
 Who may be declared elected in 101 43 
 
 Costs how awarded on confirmation 102 43 
 
 Costs how awarded when election annulled 103 43 
 
 Appeals how taken 104 43 
 
 Of elections of legislative members 106 44 
 
 Statement of contestant where filed 107 44 
 
 Requisites of notice of how served 109 44 
 
 Compulsory attendance of witnesses in Ill 45 
 
 Trials of by House and Senate 118 46 
 
 Depositions may be taken after notice of 119 47 
 
 COUNTY ATTORNEYS: 
 
 To present all violations to proper jury 130 51 
 
 COUNTY AUDITORS: 
 
 Duties of, as to elections 28 12 
 
 To print ballots, when 39 20 
 
 To furnish ballots before polls open 43 21 
 
 To furnish poll books 60 29 
 
 Delivery of election returns to 76 34 
 
 To canvass votes when 77 34 
 
 Procedure when same are to be elected 82 36 
 
 Duties of relative to election returns 84 
 
 Must transmit certified copy of abstract of vote 85 38 
 
 COUNTY BOARD OF CANVASSERS: 
 
 Of whom comprised 78 35 
 
 Vacancies in how filled 79 35 
 
 COUNTY CLERKS: 
 
 To issue citations in contests 98 42 
 
 To summon witnesses in contests 99 42 
 
 To issue commission to take depositions in legislative contests 108 44 
 
 Return of notice to, by Sheriff 110 45 
 
 To appoint justice of the peace when 114 46 
 
 To transmit contest proceedings to Secretary of State 116 46 
 
 COUNTY COMMISSIONERS : 
 
 To appoint election officers 14 6 
 
 To provide election ballots 36 16 
 
 To appoint officers for special elections 128 50 
 
INDEX. 33 
 
 CRIME ( See also FRAUD ) : Par. Page. 
 
 When deemed infamous 5 4 
 
 Infamous, challenges on grounds of 68 32 
 
 At elections by intimidation or fraud 1% 76 
 
 D 
 
 DELEGATES : 
 
 Qualifications of 158 62 
 
 Number of voted for 159 62 
 
 DEPOSITIONS (See WITNESSES ) : 
 
 Legislature may authorize taking of.'. 120 47 
 
 Of witnesses 112 45 
 
 May be taken, when 119 47 
 
 E 
 
 ELECTIONS (See ELECTIONEERING; PRIMARY ELECTIONS): 
 
 Time and manner of holding 4 
 
 Of presidential electors 6 4 
 
 Biennial when held 10 5 
 
 Special defined 11 5 
 
 Proclamation of by Governor 12 6 
 
 Form of notice of 13 6 
 
 Exceptions, as to certain officers 37 16 
 
 Laws of, distribution of 56 28 
 
 Returns of how made., 75 34 
 
 Returns of affecting district officers 83 36 
 
 Returns of to be delivered to County Auditor 76 34 
 
 Tie votes how decided 81 36 
 
 Returns to be transmitted by register mail 87 38 
 
 Special to decide tie votes 88 39 
 
 Contests of causes for 89 39 
 
 Of county officers how annulled 91 40 
 
 May be set aside when and for what 92 40 
 
 Who may contest ( see CONTESTS ) 93 40 
 
 Of members of legislature how contested 106 44 
 
 To fill legislative vacancies 121 47 
 
 Notice of how and by whom given 123-4 48-9 
 
 Any violation of laws of, a misdemeanor 203 78 
 
 ELECTION OFFICERS (See CLERKS, INSPECTORS AND JUDGES): 
 
 Appointment of by county commissioners 14 6 
 
 Oath of how administered 16 
 
 " Electioneering " by prohibited on election day 55 27 
 
 May challenge voters 63 30 
 
 Duties of in cases of challenge 64 30 
 
 Duties of as to ballots in primary elections 191 
 
 Of special elections how chosen 128 50 
 
 Fees and mileage of enumerated 131 51 
 
 Neglect or refusal of to perform duty 150 
 
 Prying into ballots by penalty therefor 202 
 
 ELECTIONEERING : 
 
 By election officers prohibited 55 
 
 By Election officers prohibited 201 
 
 Within polling place prohibited 55 
 
84 INDEX. 
 
 ELECTORS (See PRESIDENTIAL ELECTORS AND REGISTRATION): Par. Page. 
 
 Qualifications of. 1 3 
 
 Qualifications of in primary elections 157 62 
 
 Residents who are 2 3 
 
 Who are qualified as 3 3 
 
 Absence of, on business 4 4 
 
 Delivery of ballots to by whom 45 22 
 
 Preparation of ballots by 46 
 
 Occupation of booths by restricted 47 24 
 
 Illiterate or disabled assistance to 49 24 
 
 Printed instructions to posting of 50 25 
 
 Challenging by whom 63 30 
 
 Rejection of votes of when 65 31 
 
 When challenged to be sworn 66 31 
 
 When challenged may vote how 67 31 
 
 When challenged on ground of infamous crime 68 32 
 
 Registration of ( See REGISTRATION) 125 49 
 
 Bribing or intimidation of penalty 129 50 
 
 Bribing or influencing of penalty 204 
 
 Cannot vote unless registered 145 58 
 
 Li&t of for primary elections 162 63 
 
 Penalty for violations by 170 65 
 
 May vote only when qualified 193 
 
 F 
 FEES: 
 
 To be allowed sheriff and justices in contests 115 46 
 
 FELONY ( See FRAUD and CRIME ) : 
 
 FRAUD: 
 
 As to ballots, etc.. a felony 52 26 
 
 In primary elections penalty 177 70 
 
 On illiterate voter penalty 197 76 
 
 By deceit causing wrong votes 198 77 
 
 > I 
 
 INSPECTORS: 
 
 Oath of office of 17 7 
 
 To be chairman of election board 21 9 
 
 To provide polling place divide precincts, etc 44 21 
 
 J 
 JUDGES: 
 
 Oaths of form, etc 18 8 
 
 Malconduct of, when sufficient to annul election 90 39 
 
 Must mark names and return poll list after election 149 59 
 
 Qualifications of, in primary elections 160 62 
 
 Of primary elections, to take oath 175 C7 
 
 Of primaay elections, duties of 176 68 
 
 Duties of as to ballot boxes 182 72 
 
 Must sign poll lists 187 73 
 
 Must sign tally lists 190 74 
 
 L 
 LEGISLATURE : 
 
 Trials of contests by 118 46 
 
 May authorize taking of depositions 120 47 
 
 Vacancies in filled by election. .. . 122 48 
 
INDEX. 85 
 
 N 
 
 NOMINATIONS : 
 
 How certified 24 10 
 
 Certificates of where filed 25 10 
 
 Certificates of when to be filed 29 12 
 
 Other than by convention or primaries 26 11 
 
 Restricted to what extent 27 11 
 
 Publication of when 31 13 
 
 Void, if declined in writing 32 14 
 
 For vacancies 33 14 
 
 Fraud in certificates of, a felony 52 26 
 
 When to be made to fill vacancy in legislature 126 50 
 
 O 
 
 OATHS or OFFICE : 
 
 Of election officers 16 7 
 
 Of election inspectors 17 7 
 
 Of election judges 18 8 
 
 Of election clerks 19 8 
 
 To be certified by whom 20 8 
 
 Of judges of primary elections 175 67 
 
 Who may administer and certify 181 72 
 
 P 
 
 PERSONS : 
 
 Penalty for violation of act by 170 65 
 
 May vote only when qualified as electors 193-4 75 
 
 POLLS (See POLL, BOOKS AND POLLING PLACE): 
 
 Poll lists how kept 62 29 
 
 Form of to be kept by clerks 180 71 
 
 POLL BOOKS : 
 
 County auditors to furnish same 60 29 
 
 When to be closed notice of closing 142 55 
 
 Change of residence to be noted on 147 58 
 
 POLLING PLACE : 
 
 Opening and closing of 57 28 
 
 Exception, when no .electors present 58 28 
 
 Judges to proclaim opening of 59 29 
 
 Electioneering in prohibited 55 27 
 
 Closing of, by proclamation 69 32 
 
 Opening and closing of, in primary elections 165 63 
 
 Opening and closing of, in primary elections 183-4 72-3 
 
 PRESIDENTIAL ELECTORS : 
 
 Election of 6 4 
 
 When to meet, etc 8 4 
 
 Compensation of 9 5 
 
 PRIMARY ELECTIONS : 
 
 Act governing, in cities and towns 153 61 
 
 How and by whom called 154 61 
 
 Publication of notice of 155 61 
 
 Resolutions for what to contain 156 61 
 
 Qualification of voters in 157 62 
 
 Falsifying returns of penalty 168 64 
 
 Fraudulent voting at, penalty 169 64 
 
86 INDEX. 
 
 PRIMARY ELECTIONS Continued: Par. Page. 
 
 How regulated 171 66 
 
 Resolutions pertaining to form, etc 172-3 66 
 
 Publication of notice of 174 67 
 
 Fraud, bribery, etc., in how punished 177 70 
 
 Violation of law of a misdemeanor 195 75 
 
 PROBATE JUDGE : 
 
 To examine returns when county auditor is to be elected 82 36 
 
 PUBLIC OFFICERS : 
 
 Duty of at elections 54 26 
 
 R 
 REGISTRATION : 
 
 Of voters who are entitled to vote 125 49 
 
 When to be held in cities 133 52 
 
 In precincts overlapping corporate boundaries 134-5 52 
 
 Time, manner and expense of 135-6 52 
 
 Books of to be opened by mayor 138 53 
 
 Poll books of where to be kept 139 53 
 
 Effect of as evidence of right to vote 140 54 
 
 Notice of to be published 141 55 
 
 Form of arrangement of books 143 56 
 
 In person, by voters 144 
 
 Officer of to administer oaths 146 58 
 
 Officer of to prepare certified copies of poll books for voting precincts. 148 59 
 
 False or fraudulent penalty for 151 60 
 
 How far act governing is applicable 152 60 
 
 S 
 SECRETARY OF STATE : 
 
 Duty of relative to elections 28 12 
 
 Certificates of nomination to be filed with 29 12 
 
 To certify names of nominees when 30 13 
 
 To distribute election laws 56 28 
 
 Duty of relative to election returns 84 37 
 
 Proceedings of contests to be transmitted to 116 46 
 
 Duty of in contested legislative elections 117 46 
 
 SHERIFFS : 
 
 Duty of, in contested elections 110 45 
 
 Fees allowed, in contested elections 115 46 
 
 T 
 TALLY LIST: 
 
 Clerks to keep and return same 163 63 
 
 Filing with county clerks 167 64 
 
 Form of to be kept by clerk 180 71 
 
 To be signed by judges 190 74 
 
 V 
 
 VACANCIES: 
 
 Nominations for filling 33 14 
 
 " Stickers " to be used in filling 34 15 
 
 VOTERS (See ELECTORS ) : 
 
INDEX. 87 
 
 VOTES (See also BALLOTS and VOTING) : Par. Page 
 
 How canvassed, returned, etc 7 4 
 
 Counting of, declaring result, etc 70 32 
 
 Counting of to be public 71 32 
 
 Tally of to be kept by clerks 72 33 
 
 When to be rejected 73 33 
 
 Disposition of 74 33 
 
 Canvass of by county a uditor 77 36 
 
 Canvass of in primary elections 166 64 
 
 VOTING: 
 
 Fraudulent penalty therefor 199 
 
 Double penalty therefor 200 
 
 For wrong person, caused by deceit penalty 198 77 
 
 W 
 
 WITNESSES : 
 
 Summoning of i n contest cases 99 42 
 
 Compulsory attendance of in contest cases Ill 45 
 
 Depositions of in contest cases 112 45 
 
 Examination of may be continued 113 45 
 


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