J K 073 /SJ3 GIFT OF NO' ILLINOIS PRIMARY ELECTION D LAWS IN FORCE JULY, 1, 1913 COMPLIMENTS OP IE STATE OF ILLINOIS HARRY WOODS Secretary of State Illinois Primary Election Laws IN FORCE JULY 1, 1913 AN ACT TO PROVIDE FOR THE HOLDING OF PRIMARY ELECTIONS BY POLITICAL PARTIES AN ACT TO PROVIDE FOR THE HOLDING OF PRIM ARY ELECTIONS BY POLITICAL PARTIES FOR THE NOMINATION OF MEMBERS (OF THE GENERAL ASSEMBLY AND THE ELECTION OF SENA- TORIAL COMMITTEEMEN. ILLINOIS PRINTING CO., DANVILLE, ILL. 1914 INDEX Page AFFIDAVIT See "Forms" ALDERMEN under minority representation . . 13 BALLOT Box care and custody 38 separate for women 39 what used 19 BALLOTS-^-canvass of 52 , 81 color, size, etc 33 defective, objected to, etc 49, 82 delivery to judges, receipt 36 directions to voters 47 extra for emergency 37 for general election 59 form, how endorsed, etc 34, 36, 53 how marked 47, 81 how printed. 32 , 34 how voted and preserved 48, 54, 83 separate for women 39 specimen 36 BOARD OF ELECTION COMMISSIONERS duties 40, 56, 61, 78 BOOTHS provisions concerning 18 BRIBERY term defined, penalty 65 CANDIDATES certificate of nomination or election 56 contests regulated .. . 62 independent nominations by petition 64, 83 names on ballot, order, etc. 21, 26, 30, 39, 79 preference for President 29, 35 , 57 rotation by senatorial districts 30 nominations by plurality vote 58 petition, form, filing, etc 21-24, 27 , 76 signers, number, revocation, etc 24-26 tie vote.^how decided 8 , 59 under minority representation 13 , 73 vacancies filled by committee 61 what nominated 1 , 73 withdrawal (7) 28, 78 CANVASS OF BALLOTS how conducted 51 , 81 offenses and penalties 69 CANVASS OF RETURNS how conducted 54,82 offenses and penalties 70 CERTIFICATES names to county clerk 30, 78 names to election commissioners 56 of nomination and election 56 to poll book 21, 52 CHALLENGERS who to act 18 iii '493000 Page CLERKS canvass of returns 49, 51 , 82 offenses and penalties 69 , 70 primary, oath 16 , 17 officers of county court 17 payment 17 who to act 16 to announce color of ballots, etc 33 to give notice of primary 14 , 61 to prepare ballots 32, 59 COMMITTEEMEN election of various 1 , 7 , 73 precinct, blank on ballot for name 8 , 35 to appoint challengers 18 vote 9, 10 senatorial 73 COMMITTEES central or managing 7 composition, organization, powers, etc. 7-11, 76 existing recognized 11 , 76 vacancies filled by 61 CONTESTS provisions concerning 62 CONVENTIONS call, date, organization, etc. . . 11-13 COUNTY CLERK certificate to election com- missioners 30, 78 DATES announcement of color of ballots, etc. 33 certifying names to county clerk, etc. 30, 60, 78 deciding tie vote 8 , 59 delivery of ballots 36 , 37 filing call for convention (e) 13 filing contest notice and hearing 62 filing petition for nomination 27 , 78 filing resolution under minority represen- tation 13 , 80 filing revocation of signature to petition ... 24 filing withdrawal of candidtae (7) 28 , 78 holding conventions 11 holding regular and special primary. 5, 6, 61 , 74 issuing certificate to nominee or committee- man 56, 82 issuing notice of primary 14 , 61 making returns of primary 54 , 82 meeting and organization of committee. ... 7 posting specimen ballots 36 preserving ballots 49, 54, 83 DEFINITIONS words and phrases . 4 , 65 , 74 DELEGATES AND ALTERNATES how chosen . . 11 national, statement, etc 12, 29 EXPENSES payment 20 FORMS affidavit of voter and witness 46 , 47 affidavit, erasure of names 42 , 43 registration of voter 40 ballots 34, 59, 79 certificate to county clerk 30, 60, 78 iv FORMS (Concld.) Page contest petition 62 convention call 13 notice of election 14 , 61 oath of judge and clerk 16 , 17 petition of candidate 22 , 78 poll book 20, 53 tally sheet 21 JuDGES-^-oath 16, 17 offenses and penalties 68-70 officers of county court 17 payment 17 to canvass ballots 51-53 to fill vacancies 15 who to act 15 LIQUOR offenses and penalties 64 MINORITY REPRESENTATION alderman and representative 13 , 80 NOMINATIONS see ' ' CANDIDATES. ' ' NOTICES contest 62 primary, regular and special 14, 61 OATH judge and clerk 16 OFFENSES AND PENALTIES betting 67 bribery 65-67 canvassing returns 70, 71 clerks 69, 70 disclosing how elector voted 69 disorderly conduct 67 electioneering near polls 18, 19 false swearing 24 , 64 forgery 24 illegal voting 65 judges 68 liquor selling, etc 64 PERJURY false swearing deemed 24, 64 PETITIONS see ' ' CANDIDATES ' ' POLITICAL PARTY existing committees .... 11 , 76 teim defined 2 , 3 , 74 total vote, how determined 3 POLL BOOKS false entries 70 form, certificate, etc 20, 52 POLLS adjournment prohibited 49 opening and closing 6 , 37 place of holding 5 PRESIDENT disavowals 29 petition, etc 26, 27 , 73 REGISTRATIONS see "VOTER." REPEAL acts of 1889, 1898, 1899 and 1908. . 71 REPRESENTATIVE IN GENERAL ASSEMBLY provisions concerning 73 Page RETURNS OF ELECTION how made and can- vassed 54, 82 SECRETARY OF STATE certificate to county clerk 30-32, 60, 78 certificate to nominee or committeeman . .56, 57 SIGNERS see ' ' CANDIDATES. ' ' SPECIAL ELECTION provisions concerning. . . 61 SUPPLIES how furnished 19 TALLY SHEETS form 21 TIE VOTE how decided 8 , 59 UNITED STATES SENATOR petition, etc 26, 73 VACANCIES committee to fill 61 judges to fill 15 special election, when necessary. 61 VOTER affidavit of challenged 45 assistance 49 bribery, illegal voting, etc 65-70 directions on ballot 35 leave of absence 6 party affiliation to be stated 39-45 qualifications 38 registration, erasure, etc 40-43 revoking signature to petition 24 WOMEN qualifications 38 separate ballots, etc 39 WORDS AND PHRASES how construed. 3 -5, 65, 74 GENERAL PRIMARY ELECTION LAW AN ACT TO PROVIDE FOR THE HOLDING OF PRIMARY ELECTIONS BY POLITICAL PARTIES. [APPROVED MARCH 9, 1910, AS AMENDED AND IN FORCE JULY 1, 1913.] SECTION 1. WHAT CANDIDATES NOMI- NATED COMMITTEEMEN EXEMPTIONS PROVISO.] The nomination of all can- didates for all elective State, congressional, county, city, and village (including officers of the municipal court of Chicago), town and judicial officers, members of the State Board of Equalization, clerks of the appellate courts, trustees of sanitary- districts, township ^officers in townships co-extensive with ,. cities, incorporated towns or villages, and for the election of precinct, ward and State central com- mitteemen, and delegates and alternate delegates to national nominating conven- tions, by all political parties, as defined by section 2 of this Act, shall be made in the manner provided in this act, and not otherwise: Provided, this Act shall not apply to the nomination of candidates for electors of President and Vice President of the United States, and trustees of the University of Illinois: And provided further, that this Act shall not apply to school elections and township elections other than in townships co-extensive with cities, incorporated towns or villages. The words "township officers" or "town- ship offices'* snail be construed when used in this Act to include supervisors, and assistant supervisors. [As amended June 30, 1913. Sec. 2. POLITICAL PARTY DEFINED.] A political party, which at the general election for State .and county officers then next presiding a primary, polled more than 2 per cent of the entire vote cast in the State, is hereby declared to be a political party within the State, and shall nominate all candidates provided for in this Act under the provisions hereof. A political party, which at the general election for State and county officers then next preceding a primary, cast more than 2 per cent of the entire vote cast within any Congressional district, is hereby declared to be a political party within the meaning of this Act, within such Congressional district, and shall nominate its candidates for Representa- tive in Congress and for member of the State Board of Equalization within said district, under the provisions hereof. A political party, which at the general election for State and county officers then next preceding a primary, cast more than 2 per cent of the entire vote cast in any county, is hereby declared to be a political party within the meaning of this Act, within said county, and shall nominate all county officers in said county under the provisions hereof. A political party, which at the general election for city and village officers then next preceding a primary, cast more than 2 per cent of the entire vote cast in any city or village, is hereby de- clared to be a political party within the meaning of this Act, within said city or village, and shall nominate all city or village officers in said city or village under the provisions hereof. A political party, which at the gen- eral election for town officers then next preceding a primary, cast more than 2 per cent of the entire vote cast in said town, is hereby declared to be a political party within the meaning of this Act, within said town, and shall nominate all town officers in said town under the pro- visions hereof. A political party, which at the general election in any other municipality or political subdivision, except townships and school districts, for municipal or other offices therein, then next pre- ceding a primary, cast more than 2 per cent of the entire vote cast in such muni- cipality or political subdivision, is here- by declared to be a political party with- in the meaning of this Act, within said municipality or political subdivision, and shall nominate all municipal or other officers therein under the provisions hereof. Sec. 3. PARTY VOTE How DE- TERMINED.] In determining the total vote of a political party, whenever re- quired by this Act, the test shall be the total vote cast by such political party for its candidate who received the greatest number of votes. Sec. 4. [WORDS AND PHRASES,] The following words and phrases in this Act shall, unless the same be inconsistent with the context, be construed as follows : 1. The word "primary," the primary election provided for in this Act. 2. The word "election," a general election, as distinguished from a special election or a primary election. 3. The word "precinct," a voting district heretofore or hereafter estab- lished by law within which all qualified electors vote at one polling place. 4. The words "State office," or "State officer," an office to be filled, or an officer to be voted for, by qualified electors of the entire State, including United States Senator and Congressman at large, and delegates and alternate delegates at large to national nominating conventions. 5. The words " congressional office," or "congressional officer," representatives in Congress and members of the State Board of Equalization, delegates or alternate delegates to National nomina- ting conventions, when such delegates or alternate delegates are chosen by con- gressional districts. 6. The words "judicial office" or "judicial officer," judges of the Supreme and circuit courts and judges of the supe- rior court of Cook county. 7. The words "county office" or "county officer," an office to be filled or an officer to be voted for, by the qualified electors of the entire county, members of the board of assessors and county com- missioners of Cook county. 8. The words "city office" and "village office," or "city officer" and "village officer," an office to be filled or an officer to be voted for by the qualified electors of the entire city or village, as the case may be, including aldermen. 9. The words "town office" or "town officer," an office to be filled or an officer to be voted for by the qualified electors of an entire town. 10. The word "town," as used in this Act, shall be construed to mean an in- corporated town. [As amended June 30, 1913. Sec. 5. POLLING PLACES.] The pri- mary herein provided for shall be held at the regular polling places now estab- lished, or which may hereafter be establish- ed, for the purposes of a general election. Sec. 6. DATES OF PRIMARIES HOURS.] A primary shall be held on the second Tuesday in April in every year in which a President of the United States is to be elected, for the purpose of electing dele- gates and alternate delegates to National nominating conventions and for the pur- pose of securing an expression of the senti- ment and will of the party voters with respect to candidates for nominations for the office of President of the United States. A primary shall be held on the first Wednesday after the second Tues- day in September in every year in which officers are to be voted for on the first Tuesday after the first Monday in Novem- ber of such year for the nomination of candidates for such offices as are to be voted for at such November election. Whenever in this Act the term "April primary" or equivalent words shall appear such term or such words shall be con- strued to refer to and include the primary to be held on the first Wednesday after the second Tuesday in September as well as to the primary to be held on the second Tuesday in April. A primary shall be held on the last Tuesday in February in each year for the nomination of such officers as are to be voted for on the first Tuesday in April of such year. A primary shall be held on the second Tuesday in March in each year for the nomination of such officers as are to be voted for on the third Tuesday in April of such year. A primary for the nomination for all other officers, nominations for which are required to be made under the provisions of this Act, shall be held three weeks pre- ceding the date of the general election for such offices respectively. The polls shall be open from 6:00 o'clock a. m. to 5:00 o'clock p. m. [As amended June 20, 1913. Sec. 7. VOTER'S LEAVE OF AB- SENCE.] Any person entitled to vote at such primary shall, on the day of such primary, be entitled to absent himself from any service or employment in which he is then engaged or employed for a period of two hours between the time of opening and closing the polls, and such primary elector shall not, be- cause of so absenting himself, be liable to any penalty nor shall any deduction be made on account of such absence from his usual salary or wages: Provided, however, that applications for such leave of absence shall be made prior to the day of primary. The employer may specify the hours during which said em- ployee may absent himself. Sec. 8. COMMITTEES CENTRAL OR MANAGING EXCEPTIONS.] The follow- ing committees shall constitute the central or managing committees of each political party, viz: A State central committee, a congressional committee for each con- gressional district, a county central com- mittee for each county, a city central com- mittee for each city or village, a precinct committee for each precinct, except pre- cincts within the limits of incorporated cities or villages having a population of two hundred thousand (200,000) or over; and a ward committee for each ward in such cities or villages having a population of two hundred thousand or over; Provid- ed, however, that nothing contained here- in shall prevent a political party from electing or appointing in accordance with its practice other committees. [As amended June 30, 1913. Sec. 9. COMMITTEES COMPOSITION ORGANIZATION POWERS, ETC.] (1) STATE CENTRAL COMMITTEE.] The State central committee shall be com- posed of one member from each congres- sional district in the State and shall be elected as follows : At the September primary held in the year A. D. 1910, and at the April primary held every two years thereafter, each pri- mary elector may vote for one candidate of his party for member of the State cen- tral committee for the congressional dis- trict in which he resides. The State cen- tral committee of each political party shall be composed of members elected from the several Congressional districts of the State, as herein provided, and of no other person or persons whomsoever. The members of the State central com- mittee shall, within thirty days after their election, meet in the city of Springfield and organize by electing from among their own number a chairman, and may at such time elect such officers from among their own number or otherwise, as they may deem necessary or expedient. The outgoing chairman of the State central committee of the party shall, ten days before the meeting, notify each member of the State central committee elected at the primary of the time and place of such meet- ing. (2) PRECINCT COMMITTEEMAN TIE VOTE.] At the September primary held in September, A. D. 1910, and at the April primary held every two years thereafter, each primary elector may write or attach in the space left on the primary ballot for that purpose the name of one qualified elector of his party in the precinct for member of his political party precinct committee. The one having the highest number of votes shall be such committee- man of such party for such precinct. In case of a tie the primary judges shall cast lots. The official returns of the primary judges shall show the name and address of the committeemen of each political party in the county: Provided, however, the provisions of this sub-section two (2) of section nine (9) shall not apply to pre- cincts within the territorial limits of an incorporated city or village having a population of two hundred thousand or over. 8 (3) COUNTY CENTRAL COMMITTEE VOTE.] The county central committee of each political party shall consist of the members of various precinct committees and ward committees, if any, of such party in the county. In the organization, and proceedings of the county central com- mittee each precinct committeeman shall have one vote and one additional vote for each fifty votes or major fraction thereof of his party cast in his precinct for Governor at the last general election ; and each ward committeeman shall have one vote for each precinct in his ward and one additional vote for each fifty votes or major fraction thereof of his party cast in each precinct of his ward for Governor at the last general election. (4) CONGRESSIONAL COMMITTEE - EXCEPTIONS.] The congressional com : rm'ttee of each political party shall be composed of the chairman of the county central committees of the counties com- posing the congressional district, except- ing that in congressional districts wholly within the territorial limits of one county, or wholly within the territorial limits of one county and partly within the territorial limits of another county, then the mem- bers of the precinct committees of the party residing within the limits of the congressional district shall compose the congressional committee: Provided, however, that in congressional districts wholly within the territorial limits of an incorporated city or village having a population of two hundred thousand or over, or partly within the limits of such city or village and partly without the limits of such city or village, then the members of the precinct and ward com- mittees of the party of the precincts and wards within the limits of the congression- al district shall compose the congressional committee. In the organization and proceedings of congressional committees, composed in whole or in part of precinct committee- men, each precinct committeeman shall have one vote and one additional vote for each fifty votes or major fraction thereof of his party cast in his precinct for Gover^ nor at the last general election, and in tli organization and proceedings of congres sional committees composed in whole or in part of ward committeemen, each ward committeeman shall have one vote for each precinct in his ward and one ad- ditional vote for each fifty votes or major fraction thereof of his party as cast in each precinct of his ward located in such congressional district for Governor at the last general election. (5) CITY CENTRAL COMMITTEE - EXCEPTIONS.] The city central committee of each political party shall be composed of the precinct committeemen of such party residing in such city, excepting that in incorporated cities or villages having a population of two hundred thousand or over, then the city central committee shall be composed of the ward committeemen residing within the ter- ritorial limits of such city or village, which said ward committeemen shall be elected at large in their respective wards. The word "ward" in this section shall be construed to mean a division for which aldermen are elected in such last men- tioned cities or villages. 10 (6) POWERS AND DUTIES.] Each com- mitte and its officers shall have the powers usually exercised by such committees and by the officers thereof, not inconsistent with the provisions of this Act. The several committees herein provided for shall not have power to delegate any of their powers or functions to any other person, officer or committee, but this shall not be construed to prevent a com- mitte from appointing from its own mem- bership proper and necessary sub-com- mittees, and particularly defining, by resolution, the duties of such sub-com- mittees. (7) EXISTING PARTY COMMITTEES RECOGNIZED.] The various political party committees now in existence are hereby recognized and sTiall exercise the powers and perform the duties herein prescribed until committeemen are chosen, in accordance with the provisions of this Act. [As amended June 30 1913. Sec. 10. CONVENTION DATES OR- GANIZATION DELEGATES CALL ETC.] (a) COUNTY CONVENTIONS.] On the first Monday next succeeding the April primary, the county central committee of each political party shall meet at the county seat of the proper county and pro- ceed to organize by electing from its own number a chairman, and either from its own number, or otherwise, such other officers as said committee may deem necessary or expedient. Such meeting of the county central committee shall be known as the county convention. The county convention of each political party shall choose delegates to the congressional 11 and State convention of its party: Pro- vided, only precinct and ward committee- men of the respective precincts and wards within the limits of a congressional dis- trict shall participate in the selection of delegates to a congressional convention: And, provided, further, that in the county convention that each of such precinct committeemen in the county convention shall have one vote and one additional vote for each fifty votes or major fraction thereof of his party -cast in his percinct for Governor at the last general election and that each of such ward committeemen shall have one vote for each precinct in his ward and one additional vote for each fifty votes or major fraction thereof of his party cast in each precinct of his ward, for Governor at the last general election. (b) CONGRESSIONAL CONVENTIONS.] All congressional conventions shall be held on the first Wednesday after the first Monday next succeeding the April pri- mary. The congressional convention of each political party shall have power to choose and select delegates and alternate delegates to National nominating con- ventions, and to recommend to the State convention of 'its party the nomination of candidate or candidates from such con- gressional district for elector or electors of President and Vice President of the United States. (c) [STATE CONVENTIONS.] All State conventions shall be held on the first Fri- day after the first Monday next succeed- ing the April primary. The State con- vention of each political party shall^ have Eower to make nominations of candidates :>r the electors of President and Vice 12 President of the United States and for trustees of the University of Illinois, and to adopt any party platform. (d) FUNCTIONS OF CONVENTIONS.] Each convention may perform all other functions inherent to such political organi- zation and not inconsistent with this Act. (e) CALLS, FOR CONVENTIONS FIL- ING FORM.] At least thirty-three (33) days before the April primary the State and congressional committee, respectively, of each political party shall file in the office of the county clerk in each county of the State, or in each county of the con- gressional district, a call for the State and congressional conventions. Said call shall state, among other things, the time and place (designating the building or hall) for holding the State and congres- sional conventions, respectively, the total number of delegates which shall compose each of said conventions, and the call for State conventions shall state, among other things, the number of delegates to which each county is entitled in the State con- vention, and the call for the congressional convention shall state, among other things, the number of delegates to which each county or political subdivision of any county, as the case may be, is entitled to in the congressional convention. Such call shall be signed by the chairman and attested by the secretary of the respective committees. [As amended June 30, 1913. Sec. 11. ALDERMEN UNDER MINOR- ITY REPRESENTATION.] In cities which have adopted minority representation in the city council, the city central com- mittee shall, at least thirty (30) days 13 prior to the date of the primary, by resolution, fix and determine the number of candidates for alderman in such of the wards of their city to be nominated by their party at the primary for the nomi- nation of candidates for city offices. A copy of said resolutions, duly certi- fied by the chairman and attested by the secretary, shall, within two days there- after, be filed in the office of the city clerk. In all primaries for the nomination .of candidates for alderman under minor- ity representation, each qualified (minor- ity) elector may cast as many votes for one candidate as there are candidates to be nominated, or may distribute the same, or equal parts thereof, among the candidates for .nomination as he shall see fit, and the candidate for nomination highest in votes shall be declared nomi- nated. Sec. 12. NOTICE OF PRIMARY - DUTY OF CLERKS.] At least twenty (20) days before each primary the county clerk of each county, or the city, village or town or other clerk, whose duty it is to give notice of general elections under the general election laws of this State, for the election' of officers whose nomination is required to be made under the pro- visions of this Act, shall prepare in the manner provided in the general election laws of this State, a notice of such pri- mary, which notice shall state the time and place of holding the primary, the hours during which the polls will be open, the offices for which candidates will be nominated at such primary and the political parties entitled to participate 14 therein. Such notices shall be posted at least fifteen (15) days prior to the primary by the same authorities and in the same manner as notices of election under the general election laws are required to be posted. Sec. 13. JUDGES OF PRIMARY.] The judges of general elections for State and county officers, for city and village officers and for town and other munici- pal officers, are hereby constituted re- spectively the judges of primary elections in their respective precincts, under the provisions of this Act. Sec. 14. JUDGES HOLD OVER.] It is hereby made the duty of the respective judges of general elections to act as judges of primary elections in their respective precincts until their succes- sors, as judges of general elections, are duly appointed and qualified. Sec. 15. JUDGES ABSENT, ETC. VA- CANCIES.] If, at the time for opening of a primary, one of the primary judges be absent, or refuse to act, the judges present shall appoint some qualified pri- mary elector of the precinct to act in his place. If two of the primary judges be absent or refuse to act, the judges present shall fill the vacancies in the same man- ner, as above provided. If all three of the primary judges be absent, or re- fuse to act, the primary electors present, who reside in the precinct, shall select three of their number to act as primary judges. The judges so selected and ap- pointed shall take the same oath, have the same powers, and perform the same duties and be subject to the same penal- 15 ties as regularly constituted election judges. Sec. 16. CLERKS OF PRIMARY.] The primary judges in each precinct, except in cities having a board of election com- missioners, shall select three qualified primary electors of said precinct to act as primary clerks, who shall continue to serve during the pleasure of said pri- mary judges but no more than two per- sons of the same political party shall be chosen primary clerks in the same pre- cinct. In cities having a board of election commissioners, the regularly appointed clerks of election shall act as clerks of the primary in their respective precincts. Sec. 17. OATH OF JUDGES AND CLERKS FORM LIABILITY.] Previous to any vote being taken, the primary judges and clerks shall severally subscribe and take an oath or affirmation in the following - form, to wit: "I do solemnly swear (or affirm, as the case may be), that I will support the Constitution of the United States and the Constitution of the State of Illinois, and will faithfully and honestly dis- charge the duties of primary judge (or clerk, as the case may be), according to the best of my ability, and that I have resided in this State for one year, in this county for ninety days, and in this pre- cinct thirty days next preceding this pri- mary, and am entitled to vote at this primary." All persons subscribing the oath as aforesaid, and all persons actually serv- 16 ing as primary judges and clerks, whether sworn or not, shall be deemed to be and are hereby declared to be officers of the county court of their respective counties; and such persons shall be liable 1 to punishment by such court in a pro- ceeding for contempt for any misbehavior as such primary judges or clerks, to be tried in open court, on oral testimony in a summary manner, without written pleadings, but such trial, or punishment for contempt of court, shall not be any bar to any criminal proceedings against such primary judges or clerks for any violation of this Act. Sec. 18. OATH OF JUDGES AND CLERKS ADMINISTRATIONS.] in case there shall be no justice of the peace or notary public present at the opening of a primary, or in case such justice of the peace or notary public shall be appointed one of the primary judges or clerks, it shall be lawful for the primary judges to administer the oath or affirmation to each ether, and to the primary clerks. Sec. 19. JUDGES AND CLERKS POWERS AND DUTIES.] The primary judges, and clerks, except as otherwise provided in this Act, shall perform the same duties, have the same powers, and be subject to the same penalties as judges and clerks of general elections, under the election laws of this State. Sec. 20. JUDGES AND CLERKS PAY.] Primary judges and clerks shall receive the same pay, and shall be paid by the same authorities and in the same man- ner as judges and clerks under the election laws of this State. 17 Sec. 21. CHALLENGERS.] The candi- date or candidates of each party may ap- point, in writing, over his or their signa- tuie, two party agents or representatives, who shall act as challengers or watchers for such respective candidate or candidates in each precinct. Such challengers or watchers shall be protected in the dis- charge of their duties by the primary judges and peace officers and shall be per- mitted to remain within the polling place in such position as will enable them to see each person as he offers his vote, and said , challengers or watchers may remain within the polling place throughout the canvass of the vote in such position as will enable them to see the said canvass and until the returns are signed. All challengers or watchers shall be qualified primary elec- tors residing within their respective wards, senatorial or congressional districts, and shall have the same power as challengers at general elections. [As amended May 27, 1912. Sec. 22. BOOTHS ELECTIONEER] NG PROHIBITED,] All officers upon whom is imposed by law the duty of designa- ting and providing polling places for general elections, shall provide in each such polling place so designated and provided, a sufficient number of booths for such primary election, which booths shall be provided with shelves, such supplies and pencils as will enable the voter to prepare his ballot for voting and in which voters may prepare their bal- lots screened from all observation as to the manner in which they do so, and the guard rail shall be so constructed and placed that only such persons as are in- 18 side said rail can approach, within six feet of the ballot box and of such voting booths. The arrangement shall be such that the voting booths can only be reached by passing within said rail. Such booths shall be within plain view of the election officers and both they and the ballot boxes shall be within plain view of those outside the guard rail. No person other than the election officers and the challengers allowed by law and those admitted for the pur- pose of voting, as hereinafter provided, shall be permitted within the guard rail, except by authority of the primary officers to keep order and enforce the law. The number of such voting booths shall not be less than one to every seventy- five voters or fraction thereof, who voted at the last preceding election in the precinct or election district. No person whatever shall do any electioneering or soliciting of votes on primary day within any poll ing -pi ace or within one hundred feet of any polling place. Sec. 23. BALLOT BOXES.] Primary ballot boxes shall be furnished by the same authorities and in the same manner and shall be of the same style and de- scription as ballot boxes furnished for the purpose of general elections, under the general election laws of this State. Sec. 24. SUPPLIES.] All necessary, primary poll books, tally sheets, return blanks, stationery and other necessary primary supplies shall be furnished by the same authorities upon whom is im- 19 posed by law the duty of furnishing such supplies at general elections Sec. 25. EXPENSES.] The expense of conducting such primary, including the per diem of judges and clerks, furnish- ing, warming, lighting and maintaining the polling place, and all other expenses necessarily incurred in the preparation for or conducting such primary shall be paid in the same manner, and by the ' same authorities or officers respectively as in the case of elections. Sec. 26. POLL BOOKS FORM CER- TIFICATES.] The primary poll books shall be substantially in the following form: PRIMARY POLL BOOKS. Of the primary held in the ............ : ........... precinct of the county of ........... .. .............. day of ...... .................. A.D .on the Resi- Party Affiliation Name of Voter dence, Street and i! H district, by at least one-half of one per cent of the primary electors of his party, from such sanitary district. (h) CLERK OF APPELLATE COURT.] for a candidate for clerk of the appellate court, by at least one-half of one per cent of the primary electors of his party of the district. (i) WARD COMMITTEEMAN.] If for a candidate for ward committeeman, by at least one-half of one per cent of the pri- mary electors of his party of his ward. (j) OTHER OFFICES.] If for any other office, by at least ten (10) primary electors of his party of the district or division for which nomination is made. [As amended June 30, 1913. Sec. 29. PRESIDENT U. S. SENATOR PETIIION ADVISORY VOTE.] Any can- didate fot President of the United States may have his name printed upon the pri- mary ballot of his political party by filing in the office of the Secretary of State not less than forty (40) days prior to the date of the April primary, in any year, a peti- tion signed by not less than three thousand (3,000) nor more than five thousand (5,000) primary electors, members of and affiliated with the party of which he is a candidate, and no candidate for President of the "United States, who fails to comply with the provisions of this Act shall have his name printed upon any primary ballot : Provided, that the vote for President of the United States, as herein provided for, shall be for the sole purpose of securing an expression of the sentiment and will of the party voters with respect to candidates for nomination for said office, and the vote of the State at large shall be taken and 26 onsidered as advisory to the delegates nd alternates at large to the National onventions of respective political parties, nd the vote of the respective congression- districts shall be taken and considered advisory to the delegates and alter- ates of said congressional districts to the 'ational conventions of the respective olitical parties. [As amended June 30, 913.* Sec. 30. PETITION FILING WITH- RAWAL.] All petitions for nominations lall be filed as follows: 1. STATE OR DISTRICT OFFICE.] Vhere the nomination is to be made for a tate, congressional, judicial or appellate ourt office, or for any office a nomination which is made a territorial division r district which comprises more than one ounty or is partly in one county and part- y in another county or counties, then uch petition for nomination shall be filed n the office of the Secretary of State not lore than sixty (60) and not less than orty (40) days prior to the date of the rimary. 2. COUNTY OFFICE SANITARY TRUS- EES EXCEPTION.] Where the nomina- on is to be made for a county office, trus- 3e of a sanitary district (except clerk of le appellate court of the first district) r ward committeeman, then such peti- on shall be filed in the office of the county ^erk not more than sixty (60) nor less lan forty (40) days prior to the date of le primary. 'NOTE Two acts were passed by the Forty- ghth General Assembly, amending Section 29 of ic General Primary Law. The above section was mtained in House Bill No. 834. See Laws of 913, p. 310. The other amendment will be found n page 73. 27 3. CITY OR VILLAGE OFFICE.] Wher the nomination is to be made for an offic to be filled by the electors of an entire cit or village, including alderman, such pet tions for nomination shall be filed in th office of the city or village clerk not mor than thirty (30) not less than twenty (2C days prior to the date of the primary. 4. TOWN OFFICE.] Where the nom nation is to be made for an office to b filled by the electors of a town, then sue petition for nomination shall be filed i the office of the town clerk not more tha thirty (30) and not less than twenty (2C days prior to the date of the primary. 5. STATE CENTRAL COMMITTEEMAN The petitions for candidates for State cer tral committeeman shall be filed in th office of the Secretary of State not moi than sixty (60) and not less than fort (40) days prior to the date of the primar 6. FILING AND ENDORSING OF PETJ TION.] The Secretary of State and tl various clerks with whom such petitioi for nominations are filed shall endon thereon the day and hour on which eac petition was filed. 7. WITHDRAWALS.] Any person f< whom a petition for nomination for con mitteeman has been filed may cause h name to be withdrawn by request writing, signed by him and duly ackno\ ledged before an officer qualified to tal acknowledgments of , deeds, and filed the office of the Secretary of State n< less than thirty- five (35) days or with tl proper clerk not less than twenty (2' days prior to the date of the primar and no names so withdrawn shall be cerl fied by the Secretary of State to the counl clerk or printed on the primary ballot. 28 8. DELEGATE OR ALTERNATE TO NATIONAL CONVENTION STATEMENT DISAVOWAL.] Each person seeking to be elected as delegate or alternate delegate to the National nominating convention of his party shall file, along with his nominating petition, a statement in writing signed by him in which he shall state the name of the candidate of his choice for nomination for President of the United States, or, in lieu thereof, may file a statement to the effect that he has no preference for candi- dates for President of the United States. The Secretary of State shall not permit a petition of a candidate for delegate or alternate delegate to the National nominat- ing convention to be filed unless accom- panied by the statement required in para- graph 8 of this section. Any candidate for President of the United States for whom a preference is stated by any candi- date for delegate or alternate delegate to a nominating convention, may, at any time after the filing of such petition and before the name of such candidate for delegate or alternate delegate to a National nomi- nating convention is certified to the various county clerks for printing, file in the office of the Secretary of State an instrument in writing disavowing the candidacy of the person who has so filed a nominating petition for delegate or alternate delegate to a National nominat- ing convention and in case such candidate for President of the United States shall disavow the candidacy of the candidate for delegate or alternate delegate, as aforesaid, the name of such candidate for delegate or alternate delegate so- dis- avowed shall not be certified to the various county clerks for printing upon the offi- 29 cial primary ballot. [As amended June 30, 1913. Sec. 31. CERTIFICATION TO COUNTY CLERK ROTATION OF NAMES FOR STATE OFFICES PREFERENCE FOR PRESIDENT CERTIFICATION TO BOARDS OF ELEC- TION COMMISSIONERS.] Not less than thirty (30) days prior to the date of the primary the Secretary of State shall certify to the county clerk of each county the names of all candidates for President of the United States, and of all candidates for members of the State central committee and of all candidates for delegates and alternate delegates to National nominating conventions, and of all candidates for nomination for all offices, as specified in the petition for nomination on file in his " office, which are to be voted for in such county, stating in such certificates the political affiliation of each candidates for nomination or for committeemen, as specified in said petition. The Secretary of State shall, in his cer- tificate to the county clerk, certify to said county clerk the names of the offices and the names of the candidates in the order in which said offices and said names (except the names of candidates for State officers), shall appear upon the primary ballot, said names (except the names of candi- dates for State offices), to appear in the order in which petitions shall have been filed in his office, except as otherwise pro- vided in this Act. The names of candidates for State offices shall^ be certified in the manner following: "The Secretary of State shall certify to the county clerk of each county of each and every senatorial district, be- 30 ginning with the first senatorial district, the names of candidates for State offices in the order in which such names shall appear upon the official primary ballot, in each and every precinct of such sena- torial district. In making his certificate to the county clerk of the county or counties in which the first senatorial dis- trict is located, the Secretary of State shall certify to such county clerk or county clerks the names of the offices, and the names of the candidates for said offices in alphabetical order of the first letters of the surname of such candidate. In certi- fying the names of candidates for State offices to the county clerk or county clerks of the counties composing the second senatorial district, the Secretary of State shall certify the name of the candidate under each office as first which was second in the first senatorial district, and the name of the candidate which was first in the first senatorial district shall be cer- tified as last in the second senatorial district. In certifying the names of can- didates for State offices to the county clerk or county clerks of the counties composing the third senatorial district, the Secretary of State shall certify the name of the candidate under each office as first which was second in the second senatorial district, and the name of the candidate which was first in the second senatorial district shall be certified as last in the third senatorial district. The same procedure shall be followed by the Secre- "tary of State in certifying the names of candidates for State offices to the several county clerks of the several senatorial districts of the State, the intent being that the names of candidates for such 31 [each] of the State offices shall be rotated by senatorial districts. In his certificate to the county clerk, the Secretary of State shall, below the name of each candidate for delegate and alternate delegate to National nominat- ing conventions, insert the name of the candidate for President of the United States for whom such delegate or alternate delegate has specified his choice in accord- ance with his statement on file in the office of the Secretary of State, or, in case such candidate for delegate or alternate de- legate has not indicated any choice, or pre- ference, the Secretary of State, in his cer- tificate, under the name of such candidate for delegate or alternate delegate shall print the words "No preference." Not less than twenty-eight (28) days prior to the date of the primary, the county clerk shall certify to the board of election commissioners, if there be any such board in his county, the names of all candidates so certified to him by the Secretary of State, together with the list of the names of all other candidates in whose behalf petitions have been filed in his office and in the order so filed. And not less than twenty-eight (28) days prior to the date of the primary the city or town clerk, as the case may be, shall also certify to such board the names of all candidates in whose behalf petitions have been filed in the office of such city clerk or town clerk, as the case may be, and in the order so filed. [As amended June 30, 1913. Sec. 32. BALLOTS BY WHOM PRINTED.] The county clerk of each county and in cities, villages and towns, 32 ;he clerk thereof, as the case may be, ihall prepare and cause to be printed ;he primary ballot of each political party 'or each precinct in his respective county, :ity, village or town. Sec. 33. BALLOTS NAMES PRINTED }N]. It is hereby made the duty of the :ounty clerk of each county to cause to >e printed upon the primary ballot >f each party for each precinct in his ;ounty the name of each candidate jyhose petition for nomination has been Ded in the office of the county clerk as lerein provided, and also the name of sach candidate whose name has been certified to his office by the Secretary of State, "and in the order so certified." It shall be the duty of the city or village or town clerk, as the case may be, :o cause to be printed upon the primary Ballot of each political party for each Precinct in his city, village or town, as :he case may be, the name of each candi- date whose petition for nomination has 3een filed in his office, as herein pro- vided and which is to be voted for in such precinct. Sec. 34. BALLOTS COLOR SIZE, ETC.] The primary ballot of each politi- cal party shall be separately printed upon paper of uniform quality, texture and size, but the primary ballot of no two political parties shall be of the same color or tint. The clerk, whose duty it shall be to cause to be printed the primary ballot, shall, at least fifteen (15) days prior to the date of the primary, post in a con- spicuous place in his office an announce- ment of the color of the primary ballot 33 of the respective parties, and, in th< case of the county clerk, shall also pub lish such announcement for at least on< (1) week in at least three (3) newspaper: of general circulation in the county In the case of the city clerk, such publi cation shall be made at least one (1 week in three (3) newspapers printec and published in the city, if there to three newspapers printed and publishec in said city. Sec. 35. BALLOTS FORM.] The pri mary ballot of each political party foj each precinct shall be arranged anc printed substantially in the manner fo] lowing : 1. DESIGNATING WORDS.] At the tor, of the ballot shall be printed in large capital letters, words designating the bal- lot if a Republican ballot, the designat- ing words shall be: "REPUBLICAN PRIMARY BALLOT;" if a Democratic ballot the designating words shall be "DEMOCRATIC PRIMARY BAL LOT;" and in like manner for each politi cal party. 2. ORDER OF NAMES DIRECTIONS Tq VOTERS, ETC.] Beginning not less thatj one inch below designating words, the name of each office to be filled shall be printed in capital letters and in the follow- ing-order, to wit: President of the United States, State offices, congressional offices, judicial offices, clerks of the appellate courts, members of the State central com- mittee, trustees of sanitary districts, county offices, city and village offices^ town offices, or of such of the said office! as candidates are to be nominated for at such primary, and ward committeemen. j 34 Below the name of each office shall be printed in small letters the directions to voters: "Vote for one;" "Vote for two;" "Vote for three;" or a spelled number designating how many persons under that head are to be voted for. Below the name of each office shall be printed in capital letters the names of all candidates, arranged in the order in which their petetions for nomination were filed, except as otherwise provided in section 33 of this Act, for the nomination for said offices which are entitled to be placed upon the respective party primary ballot. Be- low the name of each candidate for dele- gate and alternate delegate to National nominating conventions shall [be] print- led] the name of the candidate for Pres- dent of the United States for whom such delegate or alternate delegate has ex- pressed a preference, or if no choice has been expressed shall be printed the words "No preference." The names of all can- didates upon the primary ballot shall be printed in a column. Immediately op- posite and in front of the name of each candidate shall be printed a square and all squares upon the primary ballot shall be of uniform size. Spaces between the names of candidates under each office shall be uniform and sufficient spaces shall separate the names of candidates for one office from the names of candidates for another office, to avoid confusion. (3) PRECINCT COMMITTEEMAN EX- CEPTION.] At the bottom of the primary ballot and. under the heading "For pre- cinct committeeman," a space sufficiently large shall be left in which the primary electors may write or attach the name of 35 one primary elector of his party in the precinct as his choice for precinct commit- teeman. No square need be placed in front of the name of the person voted for precinct committeeman : Provided, however, the provisions of this sub-section three (3) of section 35, shall not apply to precincts within the territorial limits of an incorporated city or village having a population of two hundred thousand (200,000) or over. [As amended June 30, 1913. Sec. 36. BALLOTS ENDORSEMENTS.] On the back or outside of the primary ballot of each precinct, so as to appear when folded, shall be printed the words "Primary Ballot," followed by designa- tion of said precinct, the date of the primary and a facsimile of the signature of the clerk who furnished the ballots. Sec. 37. SPECIMEN BALLOTS.] The officer whose duty it shall be to cause the printing of the primary ballots shall, not less than five (5) days pnor to the primary, transmit or cause to be delivered to the primary judges, speci- men ballots of each political party, sub- stantially in the form of the official pri- mary ballots, to be used at the primary, which specimen ballot shall be printed upon paper of a different texture and color from the official primary ballot, and it shall be the duty of the primary judges to post not less than five (5) of each such specimen ballots in the pre- cinct, one of each such specimen ballots to be posted at the polling place. Sec. 38. BALLOTS DELIVERY TO JUDGES.] The officer so charged with the printing of primary ballots shall 36 cause to be delivered to the primary judges of each precinct not less than twelve (12) hours before the time fixed for the opening of the polls, the official primary ballot of each political party, and the number thereof for each politi- cal party in each precinct shall be one hundred (100) for each fifty (50) votes cast in said precinct by said political party at the last preceding election. Sec. 39. BALLOTS RECEIPTS FOR.] The official primary ballots shall be put in separate sealed packages with marks on the outside thereof clearly designating the precinct for which they are intended, and the number of ballots enclosed for each political party and a receipt therefor shall be given by the primary judge to whom such ballots are delivered, which receipt shall be filed by the proper clerk in his office. Sec. 40 EXTRA BALLOTS.] The officer so charged with the printing of primary ballots shall provide and retain in his office until after the primary an ample supply of extra primary ballots for each political party in each precinct and if at any time before or during the primary, ballots of any precinct shall be lost, destroyed or exhausted, on written application signed by the primary judges of said precinct, or any of them, he shall immediately cause to be delivered to said primary judges such supply of extra ballots as may be required to comply with the provisions of this Act. Sec. 41. POLLS OPENING AND CLOSING.] Upon the opening of the polls one of the primary judges shall 37 make proclamation of the same. And at least thirty (30) minutes before the closing of the polls proclamation shall be made in like manner that the polls will be closed in half an hour. Sec. 42. BALLOT Box CARE AND CUSTODY.] Before voting begins, the ballot box shall be emptied and it shall be opened and shown to those present to be emptied, after which it shall be locked and the key delivered to one of the primary judges, and such ballot box shall not be removed from public view from the time it is shown to be empty until after the close of the polls. Sec. 43. QUALIFICATION OF VOTERS- WOMEN.] Every person having resided in this State one year, in the county ninety days, and in the precinct thirty days next preceding any primary therein, who was an elector in this State on the first day of April in the year of our Lord 1848, or obtained a certificate of naturalization before any court of record in this State prior to the first day of January in the year of out Lord 1870, or who shall be a male citizen of the United States above the age of twenty-one years, shall be en- titled to vote at such primary: Provided, however, that all women, citizens of the United States, above the age of twenty- one years, having resided in the State one year, in the county ninety days, and in the election district thirty days, next preceding any primary election held there- in, may vote at such primary for the nomi- nation of candidates for such offices as such women may vote for at the election for which such primary is held. 38 Separate ballot boxes and ballots shall be provided for women, which ballots shall contain the names of candidates for nomination for such offices which are to be "voted for. The following regulations shall be appli- cable to primaries : No person shall be entitled to vote at a primary : (a) DECLARATION OF PARTY AFFILIA- TION.] Unless he declares his party affiliations as required by this Act; (b) PETITIONER OF ANOTHER PARTY.] Who shall have signed the petition for nomination of a candidate of any party with which he does not affiliate, when such candidate is to be voted for at the primary; (c) INDEPENDENT PETITIONER.] Who shall have signed the nominating papers of an independent candidate for any office for which office candidates for nomination are to be voted for at such primary; or (d) VOTE AT PRIMARY OF ANOTHER PARTY EXCEPTION REGISTRATION ERASURE OF NAME HEARING ON AP- PEAL.] If he shall have voted at a pri-' mary held under this Act of another politi- cal party within a period of two years next preceding such primary: Provided, participation by a primary elector in a primary of a political party which, under the provisions of section 2 of this Act, is a political party within a city only and en- tited hereunder to make nominations of candidates for city offices only and for no other office or offices, shall not dis- qualify such primary elector from partici- pating in other primaries of his party: And, provided, that no qualified voter shall 39 be^ precluded from participating in the primary of any purely city, village or' town political party under the provisions of section 2 of this Act, by reason of such voter having voted within two years at the primary of another political party. In cities having a board of election com- missioners, the following additional regu- lations shall be applicable: In such cities only voters, registered as herein provided, shall be entitled to vote at such primary. The registration books pre- pared for and used at the election then next preceding shall be used for the pri- mary, and any person therein registered shall be entitled to vote at the primary unless he shall have removed from the election precinct or become otherwise dis- qualified. In any such city having a population of less than 200,000 any per- son whose name does not appear on the registry books who is, or shall, at or before the primary, become a primary elector of the precinct in which he desires to vote, shall be entitled to vote at such primary by filing, or causing to be filed, with the board of election commissioners, twenty days prior to a primary, an affidavit, or affirmation, specifying the facts, showing that on the date of such primary he will be a legally qualified primary elector in the precinct in which he desires to vote. Such affidavit or affirmation, for regis- tration, shall state the name of the appli- cant, the place and the date of his nativity, the term of his residence at his then present address, in the precinct, county, state and United States, the fact of his naturaliza- < tion if the applicant is a naturalized citi- \ zen, specifying the court, if known, or, 40 if not known, the city in which the court was held where such citizen was natural- ized, and the residence, when last register- ed, if the applicant was previously regis- tered. It shall be the duty of the board of election commissioners to prepare proper forms of such affidavit, or affirma- tion. Upon the filing of such affidavit, or affirmation, the board of election com- missioners shall place the name of such primary electors, in the original registra- tion books for the proper precinct, speci- fying the precinct from which he is trans- ferred, if previously registered in another precinct, and shall also make a minute opposite his name in the original registra- tion books of the precinct from which he has removed, showing the precinct to which his name is transferred, or, as the case may be, shall add the name of such primary elector in the original registra- tion books for the proper precinct and the reason of the registration thereof. At least five days prior to the date of the primary, the board of election commis- sioners shall cause to be posted at each polling place in each precinct, in a book substantially in the form now used for "verification lists" under the general election laws of this State, the name and address of each primary elector who has been registered for the primary by having filed an affidavit, or affirmation, as above set fort . In any such city having a population of 200,000 or more, the said registration books shall be revised three weeks preced- ing such primary under the direction of such board of election commissioners in 41 the same manner as is now provided by law for intermediate registration in cities having boards of election commissioners. Any primary elector of a precinct may, on the eleventh and twelfth days imme- diately preceding the primary, file with the board of election commissioners an appli- cation, signed and sworn to by him, re- questing the name of a person registered on the registration books as herein pro- vided, shall be erased therefrom, for the reason that such person so registered is . not, or will not on or before the date of the primary, be a legal primary elector of the precinct, which application shall be in substance, in the words and figures fol- lowing : "I, , do hereby solemnly swear (or affirm) that I am informed and believe that is not a qualified voter in the precinct of the ward of the city (village ot town) of and that said will not be a qualified voter of such precinct and ward on the day of A. D and hence ask that his name be erased from the registers of such precinct." Notice of such application with a de- mand to appear and show cause why such name should not be erased, shall thereupon be given to such person by the board of election commissioners. Such notice shall be served upon such per- son personally, or left at the place of residence named in such registration books, and a copy thereof shall be sent by mail, postage prepaid, at least two days before the day fixed to show cause, ad- dressed to the person whose right to vote is challenged, at the address given in sudh 42 registration books. In case personal service cannot be had, the return of the board of election commissioners shall so state and the reason therefor. On Monday, Tuesday and Wednesday next preceding the primary, the board of election commissioners shall sit to hear such application by wards and precincts in their numerical order. At the request of either party, subpoenas shall be issued, and witnesses may be sworn and heard upon such hearing. Each person appear- ing in response to an application to erase a name shall subscribe and swear to an answer in the presence of a member of the board of election commissioners, substan- tially in the following form : "I , do solemnly swear that I am a citizen of the United States; that I have resided in the State of Illinois since the day of A. D and in the county [of] , said State, since the day of A. D...: , and in the precinct of the....... ward, in the city of said county and State, since the day of A. D ; and that I am years of age; that I am the identical person regis- tered in said precinct for the primary under the name I subscribe hereto." Such answer shall be filed with the board of election commissioners. The decision on each application shall be announced at once after hearing, and where such application is allowed, such name shall be erased forthwith. The county court of the county in which such city is situated shall on Fri- day and Saturday of the week prior to the 43 week in which such primary is to be held,, especially sit to hear such application as may be made to it by persons whose names have been stricken from the registry list as above provided. Such application shall be sworn to and shall state that the board of election commissioners has stricken such name from the registry list. Such application shall be heard summarily and evidence may be introduced for or against such application. Each case shall be decided at once on hearing, and the clerk of the court shall make a minute of the disposition of each application. A copy of .such minute shall at once be given to such board of election commis- sioners, and, when such minute indicates that the name of the applicant shall be restored to the registry, the board of election commissioners shall forthwith cause such name to be placed upon the appropriate register, and indicate that it was entered by order of the court. In case such county court shall refuse such application, an order shall be entered accordingly on the Monday following the session of court held for the purpose aforesaid, and any preson desiring to appeal from the said order may appeal to -the Supreme Court of the State, if application be made therefor within five days after the entry of said order, and such appeal shall be allowed on the giving of an appeal bond in the penalty of $250, conditioned to pay the expenses of such appeal. The time for filing such appeal bond and certificate of evidence shall be fixed by the court, and upon presentation to the court of a certificate containing the ; evidence heard at such hearing, within the* time fixed by the court, the court shall signal 44 the same, and thereupon the same shall become part of the record in said cause. The original registration books, revised as herein provided, shall constitute the primary registration. [As amended June 30, 1913. Sec. 44. VOTER PARTY AFFILIA- TION, ETC.] Any person desiring to vote at a primary shall state his name, residence and party affiliation to the primary judges, one of whom shall there- upon announce the same in a distinct tone of voice, ' sufficiently loud to be heard by all persons in the poUing place. If the person desiring to vote is not chal- lenged, one of the primary judges shall give to him one, and only one, primary ballot of the political party with which he declares himself affiliated, on the back of which such primary judge shall endorse his initials in such manner that they may be seen when the primary ballot is properly folded. If the person desiring to vote is challenged he shall not receive a primary ballot from the primary judges until he shall have established his right to vote as hereinafter provided. No person who refuses to state .his party affiliation shall be allowed to vote at a primary. Sec. 45. CHALLENGED VOTER AFFI- DAVITS.] Whenever a person offering to vote at a primary is challenged, the person so challeged shall make and sub- scribe an affidavit in the following form, which shall be presented to and retained by the primary judges and clerks and re- turned by them with the primary poll book: 45 County of State of Illinois I, do solemnly swear (or af- firm) that I am a citizen of the United States, of the age of twenty-one years or over, and am qualified to vote under and by virtue of the Constitution and laws of the State of Illinois, and am a legally qualified voter of this precinct, that I now reside at (insert street .and number, if any) in this . pre- cinct, and am a member of and affiliated with the party; that I have not voted at a primary of . another political party within a period of two years prior to this date; and that I voted at the city, village or town primary, with the political party at the election held in A. D which said political party was entitled at said primary to make nominations of candidates for city, village or town offices only, and for no other offices, and that the name or names of no candidate or candidates of the political party (the political party with which the primary elector declares him- self affiliated) were, at such city, village or town primary, printed on the primary ballot; that I have not signed the peti- tion for nomination of a candidate of a political party with which I am not affiliated, and that I have not signed the nominating papers of an independent candidate for any office for which office candidates for nomination are voted for at this primary. Subscribed and sworn to before me, this day of A. D Judge of Primary. 46 In addition to such affidavit the per- son so challenged shall produce the affi- davit of one householder of the precinct, who shall be a qualified voter at such primary, and who shall be personally known or proved to the judges to be a householder in the precinct, which affi- davit shall be in the following form : State of Illinois, \ County of / s ^ I do solemnly swear (or affirm) that I am a householder of this precinct and entitled to vote at this pri- mary; that I am acquainted with (name of the party challenged), whose right to vote at the primary has been challenged; that I know him to be an actual bona fide resident of this precinct and that he has resided herein thirty days, and I verily believe he has resided in this county ninety days, and in this State one year next preceding this primary; that I verily believe he is a member of and affiliated with the party. Subscribed and sworn to before me, this day of A. D. 19 Judge of Primary. Sec. 46. BALLOT How MARKED.] On receiving from the primary judges a primary ballot of his party, the pri- mary elector shall forthwith and with- out leaving the polling place, retire alone to one of the voting booths and prepare such primary ballot by marking a cross (X) in the square in front of and opposite the name of each candidate of his choice for each office to be filled. 47 At the primary at which a precinct committeeman is to be elected the pri- mary elector may write or attach at the bottom of his primary ballot, in the space provided for that purpose, the name of one primary elector of his pre- cinct, member of and affiliated with his political party, for precinct committee- man. No other mark or designation shall be necessary to indicate the primary elector's choice for precinct committee- man. Any primary elector may, instead of voting for any candidate for nomination or for committeeman whose name is printed on the primary ballot, write in the name of any other person affiliated with^ such party as a candidate for the nomination for any office, or for com- mitteeman, and indicate his choice of such candidate or committeeman by placing to the left of and opposite the name thus written a square and by placing in the square a cross (X). And at the primary at which precinct committeemen are to be elected he shall write at the bottom of his primary ballot, in the space provided for that purpose, the name of one primary elector of his precinct, member of and affiliated with his political party, for precinct committeeman. No squares need be placed in front of the names of persons so voted for for precinct commit- teemen. Sec. 47. t . BALLOT How VOTED.] Before leaving the booth, the primary elector shall fold his primary ballot in such manner as to conceal the marks thereon. Such voter shall then vote 48 forthwith by handing the primary judge the primary ballot received by such voter. Thereupon the primary judge shall deposit such primary ballot in the ballot box. The primary clerk shall thereupon enter in the primary poll book the name of the primary elector, his residence and his party affiliation. Sec. 48. ASSISTANCE TO VOTER.] Any primary elector who may declare upon oath that he cannot read the English language, or that by reason of any physi- cal disability he is unable to mark his bal- lot shall, upon request, be assisted in marking his primary ballot in the same manner as provided by the general election laws of this State. Sec. 49. No ADJOURNMENT^OR RE- CESS.] After the opening of the polls at a primary no adjournment shall be had nor recess taken until the canvass of all the votes is completed and the returns carefully enveloped and sealed. Sec. 50. CANVASS AT POLLING PLACE.] The votes shall be canvassed in the room or place where the primary is held and the primary judges shall not allow the ballot box or any of the ballots, or the primary poll book, or any of the tally sheets to be removed or carried away from such room or polling place until the canvass of the votes is completed and the returns care- fully enveloped and sealed. Sec. 51. BALLOTS DEFECTIVE, OB- JECTED To, SPOILED, ETC.] If the pri- mary elector marks more names upon the primary ballot than there are persons to be nominated as candidates for an office, 40 or for State central committeeman, pre- cinct or ward committeemen, or dele- gates or alternate delegates to National nominating conventions, or if for any reason it is impossible to determine the primary elector's choice of a candidate for the nomination for an office, or commit- teeman, or delegate or alternate delegate to National nominating conventions, his primary ballot shall not be counted for the nomination for such office or commit- teeman, or delegate or alternate delegate to National nominating conventions. No primary ballot, without the endorse- ment of the judge's initials thereon, shall be counted. Any judge wilfully omitting to endorse his initials on a primary ballot, as required by this Act, shall be guilty of a misdemeanor and punishable by a fine not exceeding one hundred dollars for each offense. Primary ballots not counted shall be marked "defective" on the back thereof; and primary ballots to which objections have been made by either of the primary judges or challengers shall be marked' "objected to'' on the back thereof; and a memorandum, signed by the primary judges, stating how it was counted, shall be written on the back of each primary ballot so marked; and all primary ballots marked "defective" or "objected to" shall be enclosed in an envelope and se- curely sealed, and so marked and endorsed as to clearly disclose its contents. All primary ballots not voted, and all that have been spoiled by voters while attempting to vote, shall be returned to the proper clerk, by the primary judges, 50 and a receipt taken therefor, and shall be preserved three months. Such official shall keep a record of the number of pri- mary ballots delivered for each polling place, and he or they shall also enter upon such record the number and character of primary ballots returned, with the time when and the persons by whom they are returned. [As amended June 30, 1913. Sec. 52. CANVASS OF BALLOTS.] Im- mediately upon closing the polls, the pri- mary judges shall proceed to canvass the votes in the manner following: (1) They shall separate and count the ballots of each political party; (2) They shall then proceed to ascer- tain the number of names entered on the primary poll books under each party affiliation; (3) If the primary ballots of any political party exceed in number the names of voters of such political party entered on the primary poll books, the primary ballots of such political party shall be folded and replaced in the ballot box, the box closed, well shaken and again opened and one of the primary judges, who shall be blindfolded, shall draw out and destroy so many of the primary ballots of such political party as shall be equal to such, excess; (4) The primary judges shall then proceed to count the primary ballots of each political party separately; and as the primary judges shall open and read the primary ballots, each primary clerk shall carefully and correctly mark upon the tally sheets the votes which 51 each candidate of the party whose name is written or printed on the primary ballot has received, in a separate column for that purpose, with the name of such candidate, the name of his political party and the name- of the office for which he is a candidate for nomination at the head of such column. Sec. 53. CANVASS OF BALLOTS FORM OF CERTIFICATE.] As soon as the ballots of a political party shall have been read and the votes of said political party count- ed, as provided in the last above section, the primary clerks shall foot up the tally sheets so as to show the total number of votes cast for each candidate of said poli- tical party and for each candidate for State central committeeman and precinct or ward committeeman, or delegate or alternate delegate to National nominating conventions, and certify the same to be correct. Thereupon, the primary judges shall set down in the primary poll books, under the name of said political party, the name of each candidate voted for upon the primary ballot, written at full length, the name of the office for which he is a candidate for nomination or for com- mitteeman, or delegate or alternate delegate to National nominating conven- tions, the total number of votes which said candidate received, and the primary poll books to be made substantially in the fol- lowing form : Party. At the primary election held in this precinct on the day of A. D. 19 , the respective candidates whose names were written or printed on the primary ballot of said .....party, received respectively the following votes: 52 Name of Candidate Title of Office No. of Votes John Jones Governor 100 Sam Smith Governor 70 Frank Martin Attorney General 150 William Preston Representative in 206 Congress Frederick John County Judge 59 And so on for each candidate. We hereby certify the above and fore- going to be true and correct. Dated this day of , A. D. 19.... Judges of Primary. [As amended June 30, 1913 Sec. 54. BALLOTS STRUNG, SEALED AND ENDORSED.] After the votes of a political party have been counted and set down and the tally sheets footed and the entry made in the primary poll books, as above provided all the primary ballots of said political party, except those marked "defective" or "objected to" shall be strung upon a strong thread or twine separately for each political party in the order in which said primary ballots have been read, and shall thereupon be carefully sealed in an envelope, which envelope shall be endorsed as follows : Primary ballots of the. party of the precinct of the county of and State of Illinois. Below each endorsement, each primary judge shall write his name. 53 Sec. 55. PRECINCT RETURNSHOW MADE.] The primary poll books, with the certificates of the primary judges written thereon, and the tally sheets, together with the envelopes containing the ballots, shall be carefully enveloped and sealed up together, properly endorsed and put into the hands of the primary judges who shall within forty-eight (48) hours thereafter, deliver the same to the clerk from whom the primary ballots were obtained, which clerk shall safely keep the same for three (3) months. Sec. 56. CANVASS OF RETURNS.] As soon as complete returns are delivered to the proper clerk, the returns shall be can- vassed as follows : 1. CITY OFFICERS,] In the case of the nomination of candidates for city -offices, by the mayor, the city attorney and the city clerk. 2. VILLAGE OFFICERS.] In the case of nomination of candidates for village offices, by the president of the board of trustees, one member of the board of trustees, and the village clerk. 3. COUNTY CANVASSING BOARD.] The officers who are charged by law with the duty of canvassing returns of general elections made to the county clerk, shall also open and canvass the returns of a primary made to such county clerk. Upon the completion of the canvass of the re- turns by the county canvassing board, said canvassing board shall make a tabu- lated statement of the returns for each political party separately, stating in appropriate columns and under proper 54 headings, the total number of votes cast in said county for each candidate for nomi- nation by said party, including candidates for President of the United States and for State central committeemen, and for dele- gate and alternate delegate to National nominating conventions. Within two (2) days after the completion of said canvass by said canvassing board the county clerk shall mail to the Secretary of State a certified copy of such tabulated state- ment of returns: Provided, however, that the number of votes cast for the nomination for offices, the certificate of election for which offices, under the gen- eral election laws are issued by the county clerk shall not be included in such certi- fied copy of said tabulated statement of returns. 4. STATE CANVASSING BOARD.] In the case of the nomination of candidates for offices, including President of the United States and State central com- mitteeman, and delegates and alternate delegates to National nominating con- ventions, certified tabulated statement of returns for which are filed with the Secretary of State, said returns shall be canvassed by the Governor, Sec- retary of State and State Treasurer: And provided, further, that within five (5) days after said returns shall be canvassed by the said State Primary Canvassing Board, the Secretary of State shall cause to be published in one daily newspaper of general circulation at the seat of the State government in Springfield a certified statement of the returns filed in his office, showing the total vote cast in the State for each candidate of each political party for President of the United States, and 55 showing the total vote for each candidate! of each political party for President of the United States, cast in each of the several! congressional districts in the State, and! stating the names of the delegates and 1 alternate delegates to National nominating ' conventions for each political party. 5. ELECTION COMMISSIONERS.] Where ! in cities or villages which have a board of * . election commissioners, the returns of a 1 primary are made to such board of elec- 1 tion commissioners, said returns shall i be canvassed by such board, and, except- 1 ing in the case of the nomination of I candidate for any city or town office in 1 such city, tabulated statements of the re- 1 turns of such primary shall be made to I the county clerk. [As amended June 30, 1 Sec. 57. CERTIFICATES OF NOMINA- TION AND ELECTION.] Each of said can- vassing boards, respectively, shall, upon completion of the canvassing of the re- turns, make proclamation of the result of said primary for each political party, and shall make and execute a certificate, and unless a notice of contest shall have been filed with said canvassing board ten (10) days after completion of the canvass, shall file such certificates in the office of the Secretary of State, or in the office of the clerk whose duty it is to print the official ballot for the election for which the nomi- nation is made, as the case may be, stat- ing therein the name of each candidate of each political party so nominated or elected, as shown by the returns, together with the name of the office for which he was nominated or elected, including ward committeemen, and including in the case 56 of the State primary canvassing board, candidates for State central committee- men, and delegates and alternate delegates to National nominating conventions. In case of delegates and alternates delegate to National nominating conventions such certificates shall show the name of the candidate for President of the United States, for whom such delegates or alter- nate delegates have expressed their choice as disclosed from their statements in writing on file in the office of the Secre- tary of State. In case a notice of contest shall be filed with any canvassing board, such canvassing board shall withhold its certificate until a certified copy of the decree or order of the court hearing such contest shall have been filed with such canvassing board. The said canvassing board shall, within one (1) day after receiving a certified copy of said decree or order, proceed to finish the canvass of the returns as corrected by such decree and make proclamation accordingly. Upon the filing of said certificate in the office of the Secretary of State, or in the office of the proper clerk, as the case may be, the Secretary of State, or the proper clerk, as the case may be, shall within one (1) day thereafter, issue a certificate of nomination to each of the candidates so proclaimed nominated. The Secretary of State shall also issue a certificate of election to each of the persons shown by the returns and the proclamation thereof to be elected State central committeeman, and delegates and alternate delegates to National nominat- ing conventions. [As amended Tune 30, 1913. 57 Sec. 58. PLURALITY NOMINATIONS. TIE VOTE.] The person receiving the highest number of votes at a primary as a candidate of a party for the nomination for an office, shall be the candidate of that party for such office and his name as such candidate shall be placed on the official ballot at the election then next ensuing: Provided , that where there are two or more persons to be nominated for the same office or board, the requisite number of persons receiving the highest number of votes shall be nominated and their names shall be placed on the official ballot at the following election. In the case of candidates for nomination for members of the board of assessors, where five are to be elected, four of whom are to be elected from any one city and the city has the requisite number, then the candidate for nomination living outside of such city having the highest number of votes of his party shall be nominated, and his name shall be placed on the official ballot at the following election. The person receiving the highest number of votes of his party for State central committeeman of his congressional dis- trict shall be declared elected State central committeeman from said congressional district. The requisite number of persons re- ceiving the highest number of votes of their party for delegates and alternate delegates to National nominating con- ventions as disclosed from the certificate of the State central committee of such political party on file in the office of the Secretary of State shall be declared elected delegates and alternate delegates to the 58 National nominating convention of their party. The person receiving the highest num- ber of votes of his party for ward com- mitteeman of his ward shall be declared elected ward committeeman from said ward. When two or more persons receive an equal and the highest number of votes for the nomination for the same office or for committeeman of the same political party, or where more than one person of the same political party is to be nominated as a candidate for office or committeeman, if it appears that more than the number of persons to be nominated for an office or elected committeeman have the highest and .an equal number of votes for the nomination for the same office or for elec- tion as committeeman, the board by which the returns of the primary are canvassed shall decide by lot which of such persons shall be nominated or elected, as the case may be. In such case such canvassing board shall issue notice in writing to such persons of such tie vote, stating therein the place, the day (which shall not be more than five (5) days thereafter), and the hour when such nomination or election shall be so determined. [As amended June 30, 1913. Sec. 59. BALLOT FOR GENERAL ELEC- TION.] When the nomination is made for an office to be filled by the electors of an entire county, and where it is the duty of the county clerk to prepare the official ballot for election, it shall be the 1 duty of the county clerk, under this Act, to place upon the official ballot to be voted at the election the names of all 59 candidates nominated for office, as herein provided, as shown by the certificate of the canvassing board on file in his office, and the names of all candidates certified to him by the Secretary of State as herein provided. When the nomination is made for an office to be filled by the electors of an entire city or village, including alder- man, and where it is the duty of the city or village clerk to prepare the official ballot for the election, it shall be the duty of the city or village clerk, under this Act, to place upon the official ballot to be voted at the election the names of all candidates nominated for office, as herein provided, as shown by the certi- ficate of the canvassing board on file in his office. When the nomination is made for an office to be field by the electors of an entire town, and where it is the duty of the town clerk to prepare the official ballot for the election, it shall be the duty of the town clerk, under this Act, to place upon the official ballot to be voted at the election, the names of all candi- dates, nominated for office, as herein provided, as shown by the certificate of the canvassing board on file in his office. Not less than fifteen (15) days before an election to fill any office, the Secre- tary of State shall certify to the county clerk of each county within which any of the electors may, by law, vote for such candidates for such offices, the name and description of each person nominated for such office, as shown by the certificate of the canvassing board on file in his office. 60 Sec. 60. SPECIAL ELECTIONS FILL- ING VACANCIES.] Whenever a special election shall be necessary, the provisions of this Act shall be applicable to the nomi- nation of candidates to be voted for at such special election. The officer or board or commission whose duty it is, under the general election laws of this State, to call an election, shall fix a date for the primary for the nomination of candidates to be voted for at such special election. At least fifteen (15) days' notice shall be given of such primary. In case a candidate who has been nomi- nated under the provisions of this Act shall die before election, or decline the nomination, or should the nomination for any other reason become vacant, the managing committee of the respective political parties . for the territorial area in which such vacancy occurs, shall nomi- nate a candidate or candidates of the respective parties to fill such vacancies on the ticket. Sec. 61. BOARD OF ELECTION COM- MISSIONERS DUTIES.] In cities having a board of election commissioners the duties herein imposed upon the county, city or village clerk, as the case may be, shall be discharged by the board of election commissioners, in the same manner, as 'near as may be, and to the same extent and with like effect that the similar duties imposed by this Act are discharged by the county, city or bill age clerk, as the case may be; and the bal- lots for the nomination of all candidates to be voted for in such city shall be printed by the board of election com- missioners and the returns of the pri- 61 mary held in such city shall be made to such board of election commissioners. Sec. 62. CONTESTS JURISDICTION PROCEEDINGS.] Any candidate whose name appears upon the primary ballot of any political party in any precinct may contest the election of the candidates nom- inated by his political party, upon the face of the returns, if he so desires, and may, in said county or any of the precincts thereof as to the office for which he was a candidate, contest the election in such county or precinct by filing with the clerk of the county court, except in the case of candidates for the nomination for State and congressional offices and for the office of county judge, a petition in writing, setting forth the grounds of contest, which petition shall be verified by the affidavit of the petitioner or other person, and which petition shall be filed within five (5) days after the completion of the can- vass of the returns. The contestant shall also file with the canvassing board, which canvasses the returns for such nomination (and if for the nomination for an office, certified tabulated statements of the re- turns of which are to be filed with the Secretary of State), also with the county canvassing board, a notice of the pendancy of the contest. In the case of a contest for the nomination for State and congres- sional offices and for the office of county judge, said petition shall be filed in the office of the clerk of the circuit court. Authority and jurisdiction are hereby vested in the county court or in the judge thereof in vacation, for in the circuit court or in the judges thereof in vacatiqn, as the case may be, to hear and determine 62 primary contests. When a petition to contest a primary shall be filed in, the office of the clerk of the court, said petition shall forthwith be presented to the judge thereof, who shall note thereon the date of presentation, and shall also note thereon the day when he will hear the same, which shall not be more than five (5) days thereafter, and shall order issuance of summons to each defendant named in the petition. Summons shall forthwith issue to each defendant named in the petition and shall be served in the same manner as is pro- vided in cases in chancery. Summons may be issued and served in any county in the State. The case may be heard and determined by the county or circuit court in term time, or by the judges thereof in vacation, at any time not less than three (3) days after service of process, and shall have preference in the order of hearing to all other cases. The petitioner shall give security for all costs. If, in the opinion of the court in which the petition is filed, the grounds for con- test alleged are insufficient in law, the petition shall be dismissed. If the grounds alleged are sufficient in law, the court shall proceed in a summary manner and may hear evidence, examine the returns, re- count the ballots and make such orders and enter such judgment as justice may require. The court shall ascertain and declare by a decree, as in chancery to be entered of record in the proper court, the result of such election in the territorial area for which the contest is made. The judgment of the court shall be final. A certified copy of said decree shall forth- with be made by the clerk of the court and 63 transmitted to the board canvassing the returns for such office; and in case of con- test, if for nomination for an office, tabu- . lated statements of returns for which are Hied with the Secretary of State, also in the office of the county clerk in the proper county. The proper canvassing board, or boards as the case may be, shall correct the returns or the tabulated statement of returns in accordance with said decree. [As amended June 30, 1913. Sec. 63. INDEPENDENT CANDIDATES.] Nothing in this Act contained shall be construed to prevent the nomination of independent candidates by petition, as is now or may hereafter be provided by law. Sec. 64. LIQUOR PENALTY.] No spirituous, malt, vinous or intoxicating liquor shall be sold or given away, nor shall any saloon, bar room or place where such liquor is sold or given away be open during the holding of any primary. Whoever violates the provisions of this section shall be fined in a sum not less than twenty-five (25) nor more than one hundred (100) dollars. It shall be the duty of the sheriff, constable, coroner, and other officers of the county, the magistrates and mayors of cities to see that the provisions of this section are enforced. Sec. 65. FALSE SWEARING DEEMED PERJURY.] If any person whose vote is challenged, or any witness sworn un- der the provisions of this 'Act, shall knowingly, wilfully and corruptly swear falsely, he shall be deemed guilty of perjury and on conviction thereof shall be punished accordingly. 64 Sec. 66. ILLEGAL VOTING BRIBERY, ETC.- PENALTY.] (1) Whoever unlaw- fully votes more than once at any pri- mary or offers to vote after having once voted at such primary, or knowing that he is not a qualfied elector at a primary, wilfully votes at such primary, shall, on conviction thereof, be fined in a sum not exceeding one thousand (1,000) dollars, or imprisoned in the county jail not ex- ceeding one (1) year, or both, in the dis- cretion of the court. (2) Whoever wilfully aids or abets any one not legally qualified to vote at a primary in voting or attempting to vote at such primary; or, (3) By unlawful means prevents or attempts to prevent any primary elector from attending or voting at a primary; or (4) Gives or offers to give any valuable thing or bribe to any judge or clerk of a primary, as a consideration of some act to be done or omitted to be done contrary to his official duty in relation to such primary, shall, on conviction thereof, be fined in a sum not exceeding one thousand (1,000) dollars, or imprison- ed in the county jail not exceeding one (1) year, or both, in the discretion of the court; any judge or clerk who shall receive, request or demand any bribe or reward, forbidden by this Act, shall, on conviction, be liable to the same pen- alties as prescribed in this Act for giving of offering to give such bribe or reward. Sec. 67. BRIBERY DEFINED PROSE- CUTION PENALTY.] (1) Any person who shall solicit, request, demand or receive, 65 directly or indirectly, any money, in- toxicating liquor or other thing of value or his promise thereof, either to influ- ence his vote, or to be used, or under the pretence of being used to procure the vote of any other person or persons or to be used at any poll or other place prior to or on the day of a primary for or against any candidate for office, or for or against any measure or questions to be voted up- on at such primary, shall be deemed guilty of the infamous crime of bribery in primaries, and upon conviction therer of in any court of record, shall be sen- tenced to disfranchisement by the judge of such court for a term of not less than five and not more than fifteen years, and to the county jail not less than three months or more than one year, and to pay the cost of prosecution and stand committed to the county jail until such costs are fully paid. That for a con- viction of a second offense under this section, the first being alleged and pro- ven, such offender shall be by sentence of the court forever thereafter disfran- chised and deprived of the right to vote at a primary in this State, and be im- prisoned in the county jail not less than one year, and be committed to jail in default of the payment of costs of prosecution until such costs are fully paid. Prosecutions may be had under this section by indictment in the circuit court, or by information in the county courts, and the effect of a sentence of disfranchisement in either of said courts, both having jurisdiction of offenses hereunder, shall be to deprive such per- sons sentenced to [of] the right to vote at any primary within this State for a period of time fixed by the court where 66 nch person shall be convicted under this section. Any candidate or other person paying, furnishing or promising to pay or furnish, or bribing such person with money, intoxicating liquor or any other thing of value, or the promise thereof, shall not be liable to punish- ment therefor, but shall be a competent witness and compelled to testify in prose- cutions under this section. Solicitations of any person, or a loan of money or the purchase of anything of value, or any other subterfuge shall be deemed a viola- tion thereof. (2) Any person who shall have been legally convicted and disfranchised by a court of competent jurisdiction, who shall, before the expiration of his term of disfranchisement, vote or offer to vote at any primary within this State shall, upon indictment and conviction thereof in a court of competent jurisdic- tion, be confined in the penitentiary for a term of years not less than one nor more than ten years. Sec. 6%. DISORDERLY CONDUCT PENALTY.] Whoever is disorderly at a primary shall forfeit a sum not exceeding twenty-five (25) dollars. Sec. 69. WAGERS PENALTY.] Who- ever bets or wagers any money, property or 'other valuable thing upon the result of the primary, or bets or wagers money, property or other valuable thing upon the number of votes which may be given to any person at a primary, or shall re- ceive the greatest number of votes at a primary, or agrees to pay any other per- son any money, property or other valua- ble thing in the event that a primary 67 shall result in one way, or in the event that any person shall or shall not be nominated or shall receive a greater num- ber of votes than others, upon conviction thereof shall be fined in a sum not exceed- ing one thousand (1,000) dollars, or im- prisoned in the county jail not exceeding one year, or both, in the discretion of the court. Sec. 70. OFFENSES OF JUDGE PEN- ALTY.] (1) If any judge of a primary shall permit a person to vote whose vote is challenged, without the proof required in this Act; or, (2) Shall knowingly and wilfully per- mit a person to testify as a witness con- trary to the provisions of this 'Act; or, (3) Shall knowingly permit a person to vote who is not qualified according to law; or, (4) Shall knowingly receive and count more than one vote from the same person at the same primary for the same office, except as allowed by law; or, (5) Shall refuse to receive the vote of a qualified primary elector at such primary, who will make the affidavit of and proof required by this Act; or, (6) Shall be guilty of any fraud, cor- ruption or manifest misbehavior; or, (7) Shall open or unfold any ballot when the same is presented to be deposited in the ballot box ; or, (8) Shall wilfully neglect to perform any of the duties required of him by this Act; shall, on conviction thereof, be fined in a sum not exceeding one thousand (1,000) dollars, or imprisoned 68 in the county jail not exceeding one year, or both, in the discretion of the court. See. 71. DISCLOSING How ELECTOR VOTED PENALTY.] If any person wil- fully or corruptly ascertains, publishes or reveals how a primary elector voted at a primary, he shall, on conviction thereof be fined in any sum not exceeding one thousand (1,000) dollars, or im- prisoned in the county jail not exceeding one year, or both, in the discretion of the court. Sec. 72. OFFENSES OF CLERK - PENALTY.] If any clerk of a primary shall wilfully neglect to perform any duty required of him as primary clerk, or shall be guilty of fraud, corruption or misbehavior, he shall, on conviction thereof, be fined in a sum not exceeding five hundred (500) dollars, or imprison- ed in the county jail not exceeding six months, or both, in the discretion of the court. Sec. 73. FAILURE TO DELIVER RE- TURNS, ETC. PENALTY.] If any judge, clerk or messenger, after having been deputed by the primary judges to carry the primary poll books, tally sheets and returns of such election to the place where by law they are required to be canvassed, wilfully or negligently fails to deliver such primary poll books, tally sheets or returns within a time pre- scribed by law, with the seal unbroken, he shall, upon conviction thereof, be fined in a sum not exceeding five hun- dred (500) dollars or imprisoned in the county jail not exceeding six months, or both, in the discretion of the court. 69 Sec. 74. NEGLECT OR REFUSAL OF CLERK PENALTY.] If any county, city or town clerk wilfully refuses to per- form any duty required of him by this Act, he shall, upon conviction thereof, be fined in a sum not exceeding five hundred (500) dollars and shall be liable to the person injured by reason of such neglect or refusal in an amount not ex- ceeding five hundred (500) dollars, to be recovered in an action on the case. Sec. 75. OFFENSES IN CANVASSING RETURNS PENALTY.] If any person whose duty- it is to canvass the returns or make a tabulated statement thereof, shall be guilty of fraud, corruption or misbehavior in not canvassing the re- turns or making a tabulated statement thereof, he shall, upon conviction, be fined in any sum not exceeding five hun- dred (500) dollars or be imprisoned in the county jail not exceeding ' one year, or both, in the discretion of the court. Sec. 76. STEALING OR DEFACING RETURNS PENALTY.] Whoever shall wilfully and wrongfully take or carry away from the place where it has been deposited for safe keeping, or deface, mutilate or change any primary poll book, tally sheet or ballot, or any name or figure therein, shall, upon conviction thereof, be fined in a .sum not exceeding one thousand (1,000) dollars or im- prisoned in the county jail not exceeding one year, or both, in the discretion of the court. Sec. 77. FALSE ENTRIES, ETC. PENALTY.] Any person or member of a board or any primary judge, clerk or other officer who is guilty of stealing, 70 wilfully and wrongfully breaking, de- stroying, mutilating, defacing, falsify- ing, or unlawfully moving or secreting or detaining the whole or any part of any ballot box, or any record, primary poll book, tally sheet, or copy thereof, oath, returns, or any other ^ paper or document provided for in this Act, or who shall fraudulently make any entry erasure or alteration therein, except as allowed and directed by the provisions of this Act, or who permits any other person so to do shall, upon conviction thereof, be fined in a sum not exceeding one thousand (1,000) dollars, or im- prisoned in the county jail not exceed- ing one year, or both, in the discretion of the court. Sec. 78. OTHER VIOLATIONS PEN- ALTY.] If any person shall commit any act prohibited herein or refrain from doing any act or duty required to be done herein, and if any person shall in any manner be guilty of a violation of this Act, whether the same is denomi- nated an offense or not, and for which no punishment is herein specially provided, such person shall, upon conviction thereof, be fined in a sum not less than twenty-five (25) nor more than one hundred (100) dollars, or imprisoned in the county jail not exceeding one year, or both, in the discretion of the court. Sec. 79. REPEAL.] An Act entitled "An Act to regulate primary elections of voluntary political associations and to punish frauds therein," approved June 6, 1889, in force July 1, 1889; an Act entitled "An Act providing for primary 71 elections of delegates to nominating conventions of political parties or asso- ciations, and to provide for the purity thereof," approved April 24, 1899, in force July 1, 1899; an Act entitled "An Act providing for primary elections of delegates to nominating conventions of political parties or associations and to promote the purity thereof by regulating the conduct thereof and to support the privileges of free suffrage thereat by pro- hibiting certain acts and practices in relation thereto and providing for the punishment thereof," approved and in force February 10, 1898, as amended by an Act approved May 11, 1901, in force July 1, 1901; " An Act to provide for the holding of primary elections by political parties," approved February 21, 1908, in force July 1, 1908, and all other Acts and parts of Acts inconsistent with this Act are hereby repealed. Sec. 80. INVALIDITY.] That the in- validity of any portion of this Act shall not affect the validity of any other portion hereof, which can be given effect without such invalid part. 72 PRIMARY ELECTIONS GENERAL ACT OF 1910, PRESIDENT AND U. S. SENATOR. 29. As amended, changes time of filing peti- 1. Amends Section 29, Act of 1910. tions and number of signers and omits advisory vote on U. S. Senator. (SENATE BILL No. 373. APPROVED JUNE 27, 1913) AN ACT TO AMEND SECTION 29 OF AN ACT ENTITLED, "AN ACT TO PROVIDE FOR THE HOLDING OF PRIMARY ELECTIONS BY POLITICAL PARTIES," APPROVED MARCH 9, 1910, IN FORCE JULY 1, 1910, AS AMENDED BY AN ACT APPROVED AND IN FORCE MARCH 30, 1912. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 29 of an . Act entitled, "An Act to provide for the holding of primary elections by political parties," approved March 9, 1910, in force July 1, 1910, as amended by an Act approved and in force March 30, 1912, be amended to read as follows : Sec. 29. Any candidate for President of the United States or for United States Senator may have his name printed upon the primary ballot of his political party by filing in the office of the Secretary of State not more than sixty (60) and not less than thirty (30) days prior to the date of the April primary, in any year, a petition signed by not less than . one thousand (1,000) nor more than two thousand (2,000) primary electors of the party of which he is a candidate, and no candidate for President of the United 73 States nor for United States Senator, who fails to comply with the provisions of this Act, shall have his name printed upon any primary ballot: Provided, that the vote for President of the United States as herein provided shall be for the sole purpose of securing an expression of the sentiment and will of the party voters with respect to candidates for nomination for said office, and the vote of the State at large shall be taken and considered as advisory to the delegates and alter- nates at large to the National conventions of the respective political parties; and the vote of the respective congressional dis- tricts shall be taken and considered as advisory to the delegates and alternates of said congressional districts to the National conventions of the respective political parties.* *NOTE Two acts weie passed by the Forty- eighth General Assembly, amending Section 29 of the General Primary Law. The above Section is contained in Senate Bill No. 373, Laws of 1913, Page 330. The other amendment will be found on page 27. 74 LEGISLATIVE PRIMARY ELECTION LAW AN ACT TO PROVIDE FOR THE HOLDING OF PRIMARY ELECTIONS BY POLITICAL PARTIES FOR THE ' NOMINATION OF MEMBERS OF THE GENERAL ASSEMBLY AND THE ELECTION OF SENATORIAL COMMITTEEMEN. [APPROVED MARCH 9, 1910. As AMENDED AND IN FORCE JULY 1, 1913. SECTION 1. NOMINATIONS FOR MEM- BERS OF GENERAL ASSEMBLY SENATOR- IAL COMMITTEEMEN.] Be it enacted by the People of the State of Illinois, represented in the General Assembly: The nomination of all candidates for members of the Gen- eral Assembly by all political parties, and the election of senatorial commit teemen, as denned in section 2 of this Act shall be made in the manner provided in this Act and not otherwise. The name of no person, nominated by a party required hereunder to make nominations of candidates for members of the General Assembly shall be placed upon the official ballot to be voted at the election to be held the first Tuesday after the first Monday in the month of November, A. D. 1910, as a candidate unless such person shall have been nomi- nated for such office under the provisions of this Act, and all nominations made prior to July 1, A. D. 1910, of candidates 75 for such office to be voted for at said election are hereby declared of no effect, and no nomination for any such office made prior to July 1, A. D. 1910, shall entitle any person so nominated to have his name placed upon the official ballot to be voted at said election. Sec. 2. POLITICAL PARTY DEFINED.] The term "political party" as used in this Act shall mean a political party which, at the next preceding election for Governor polled at least two per cent of the entire vote cast in the State. Sec. 3. WORDS AND PHRASES.] The following words and phrases in this Act shall, unless the same be inconsistent with the context, be construed as follows: (1) The words "senatorial office" or "senatorial officer," State Senator and Representatives in the General Assembly. Sec. 4. DATE OF PRIMARY.] A pri- mary shall be held on the first Wednesday after the second Tuesday in September, in the year A. D. 1914, and every two years thereafter for the nomination of candi- dates for senatorial offices and for the election of senatorial committeemen. Whenever, in this Act, the term, "April primary" or equivalent words shall appear such term or such words shall be construed to refer to and include the primary to be held on the first Wednesday after the second Tuesday in September. [As amen ded June 27, 1913. Sec. 5. SENATORIAL COMMITTEE - How ELECTED.] There shall be con- stituted a senatorial committee for each 76 senatorial district: Provided, however, that nothing herein contained shall prevent a political party from electing or appoint- ing in accordance with' its practice any other committees. The senatorial committee of each poli- tical party shall be elected as follows: (a) In senatorial districts comprised of three or more counties, the senatorial committee shall be composed of one mem- ber elected from each county of such sena- torial district. At the September primary held in the year A. D. 1910, and at the April primary held every two years thereafter, each pri- mary elector may vote for one candidate of his party residing in his county for members [member] of the senatorial com- mittee of his party. (b) In senatorial districts comprised of two counties, the senatorial committee shall be composed of three members, two of whom shall be elected from the county in which such political party at the general election for State and county officers then next preceding a primary polled the larger number of votes in such senatorial dis- trict, and one of whom shall be elected from the other county of such senatorial district. At the September primary held in the year A. D. 1910, and at the April pri- mary held every two years thereafter, each primary elector, residing in a county in which such political party at the general election for State and county officers then next preceding a primary polled the larger number of votes in such senatorial district, may vote for 77 two candidates of his party, residing in his county, for members of the senatorial committee of his party (and at such pri- mary in the other county of such sena- torial district, each prinary elector may vote for one candidate of his party) resid- ing in his county for member of the sena- torial committee of his party. (c) In senatorial districts composed of one county, and in senatorial districts wholly within the territorial limits of one county, or partly within the territor- ial limits of one county, and partly within the territorial limits of another county, the senatorial committee shall be composed of three members elected from such senatorial district. At the September primary held in the year A. D. 1910, and at the April pri- mary held every two years thereafter, each primary elector may vote for three candidates of his party, residing in such senatorial district, for members of the senatorial committee of his party. Within thirty days after its election, the senatorial committee shall meet and proceed to organize by electing from among its own number a chairman, and either from its own number or other- wise, such other officers as said committee may deem necessary or expedient. The outgoing chairman of the senatorial com- mittee of the party shall notify the mem- bers elected of the time and place (which shall be in the limits of such senatorial district) of such meeting. Sec. 6. EXISTING PARTY COMMIT- TEES RECOGNIZED PETITION NUM- BER OF SIGNERS.] The various politi- cal party committees now in existence 78 arc hereby recognized and shall exercise the powers and perform the duties herein prescribed until committeemen are chosen, in accordance with the provisions of this Act. The name of no candidate for nomi- nation or senatorial committeeman shall be printed upon the primary ballot unless a petition for nomination shall have been filed in his behalf as herein provided. All petitions for nomination shall be signed as follows : (a). If for a senatorial office, by at least one-half of one per cent of the quali- fied primary electors of his party in his senatorial district. (b) If for senatorial committeeman, by at least ten of the primary electors of his party of the county where the senatorial district is co-extensive with one county or is composed of more than one county; but in case the senatorial district is wholly within the territorial limits of one county, or partly within the territorial limits of one county and partly within the territorial limits of another county, then such petition shall be signed by at least ten (10) of the pri- mary electors of his party of his senatorial district. In determining the total numbers [num- ber] of names necessary to constitute a valid petition for a candidate for nomi- nation for a senatorial office as required by this section, the test shall be one-half of one per cent of the total vote cast by his party for Governor in the senatorial district at the election for Governor then next preceding the primary. 79 Sec. 7. FILING OF PETITIONS WITH- DRAWALS.] All petitions for nominations shall be filed as follows: (1) Where the nomination is made for a senatorial office such petition for nomi- nation shall be filed in the office of the Secretary of State, not more than sixty (60) and not less than forty (40) days prior to the date of the primary. (2) The petitions of candidates for senatorial committeemen shall be filed in the office of the county clerk not more than sixty (60) and not less than forty (40) days prior to the date of the primary. (3) The Secretary of State and the various clerks with whom such petitions for nomination are filed shall endorse thereon the day and hour on which each ! petition was filed. (4) Any person for whom a petition for nomination or for senatorial com- mitteeman has been filed may cause his name to be withdrawn in writing, signed by him, duly acknowledged before an officer qualified to take acknowledgments of deeds and filed in the office of the Secre- tary of State, not less than thirty-five (35) ' or with the proper clerk not less than I thirty-five (35) days prior to the day of the primary and no names so withdrawn shall be certified by the Secretary of State to the county clerk or printed on the pri- mary ballot. [As amended June 27, 1913. Sec. 8. CERTIFICATION TO COUNTY CLERK AND ELECTION COMMISSIONERS.] Not less than thirty (30) days prior to the date of the primary, the Secretary of State shall certify to the county clerk of each county the names of all candidates 80 for senatorial offices as specified in the petitions for nominations on file in his office, which are to be voted for in such county, stating in such certificates the political affiliations of each candidate for nomination as specified in said petition. The Secretary of State shall, in his certi- ficate to the county clerk, certify to said .county clerk the names of the candidates in the order in which said names shall appear upon the primary ballot, said names to appear in the order in which petitions shall have been filed in the office of the Secretary of State, except as other- wise provided in this Act. Not less than twenty-eight days (28) prior to the date of the primary, the county clerk shall certify to the board of election commissioners, if there be any such board in his county, the names of all candidates so certified to him by the Secre- tary of State, together with the names of all candidates for senatorial committee- men in the districts wholly or partly within the jurisdiction of said board and in the order in which such names are certified to him, or in which petitions are filed in his office. [As amended June 27, 1913. Sec. 9. BALLOTS BY WHOM PRINT- ED NAMES.] The county clerk of each county or the Board of Election Commissioners, as the case may be, shall prepare and cause to be printed the primary ballot of each political party for each precinct in his respective county and the names of all candidates provided in this Act which are certified to the office of the county clerk by the Secretary of State and of all candidates for senatorial committeeman whose petitions have been 81 filed in said office shall be placed on the same ballot as candidates for other offices for nominations, to foe voted for at the same primary election, properly arranged, however, - under the name of each office. Below the name of the office of Repre- sentative in the General Assembly shall be printed in small letters the directions to the voters, "vote for one, two or three." Sec. 10. NAMES ON BALLOT OR- DER.] The Secretary of State shall in his certificate to the county clerk certify to said county clerk the position which the names of candidates for senatorial officers [offices] shall occupy upon the primary ballot with reference to the position of candidates for other offices. The names of the candidates for senatorial com- mitteemen shall, under the proper head- ing, be placed on the primary ballot immediately after the names of the can- didates for senatorial offices, in the order in which their petitions were filed in the office of the county clerk. Sec. 11. REPRESENTATIVES IN GEN- ERAL ASSEMBLY NUMBER How VOTED FOR.] At least thirty-three (33) days prior to the date of the April primary the senatorial committee of each political party shall meet and, by resolution fix and determine the number of candidates to be nominated by their party at the primary for Representative in the General Assembly. A copy of said resolution, duly certified by the chairman and attest- ed by the secretary of the committee, shall within five days thereafter be filed in the office of the Secretary of State, and 82 in the office of the county clerk of each county in the senatorial district. In all primaries for the nomination of candidates for Representatives in the General Assembly each qualified primary elector may cast three votes for one candidate or may distribute the same or equal parts thereof among two candidates or three candidates as he shall see fit. And the said candidate or candidates for nomination highest in votes shall be de- clared nominated for the office to be filled. Sec. 12. CANVASS OF VOTES How COUNTED.] The votes for the nomination of candidates for Representative in the General Assembly shall be canvassed in the following manner. (1) When a cross is placed in the squares preceding the names of three (3) candidates and the ballot for Representa- tive in the General Assembly is not other- wise marked it shall be counted as one vote for each candidate. (2) When a cross is placed in the squares preceding the names of two can- didates, and the ballot for Representative in the General Assembly is not- otherwise marked, it shall be counted as one and one-half (1|) votes for each of such can- didates. (3) When a cross is placed in the square preceding the name of one candidate, and the ballot for Representative in the ed, it shall be counted as three (3) votes for such candidate. (4) When the ballot has been so marked as to indicate the intention to 83 cast more than three votes for the nomi- nation of candidates for Representatives in the General Assembly, such ballot shall not be counted for any of such candidates. The requisite number of persons receiv- ing the highest number of votes as candi- dates of their party in any county, or sena- torial district, as the case may be, for senatorial committeemen, shall be declared elected senatorial committeemen from such county, or senatorial district. If the primary elector marks more names .upon the primary ballot than there are persons to be nominated as candidates for State Senator or for senatorial com- mitteeman, or if for any reason it is impos- sible to determine the primary elector's choice of a candidate for the nomination for State Senator or senatorial committee- man, his primary ballot shall not be count- ed for the nomination for such office or committeeman . Sec. 13. RETURNS OF PRIMARY - CANVASS, CERTIFICATION, TABULATION CONTESTS.] Except as herein otherwise expressly provided, each, every and all of the provisions of any Act relating to the holding of primary elections by political parties, passed by this extraordinary ses- sion of the General Assembly, and Acts hereafter passed amendatory thereof shall, so far as the same may be applicable, apply to and govern primary elections and contests thereof held under the provisions of this Act. The returns of such primary shall be made to the county clerk or board of election commissioners, as the case may be, and shall be canvassed and certified 84 as other returns made to the county clerk or board of election commissioners, as the case may be. The county canvassing board, or the board of election commission- ers, as the case may be, shall issue a certificate of election to the requisite num- ber of persons of each political party shown by the returns to be elected mem- bers of the senatorial committee. Tabulated statements of the returns of the primary for the nomination of candi- dates for senatorial offices shall be made to the Secretary of State, canvassed by the State Primary Canvassing Board, pro- clamation of the result thereof made, and certificates of nomination issued, as in the case of other tabulated statements of returns made to the Secretary of State, and the election of any person nominated or of senatorial cpmmitteemen may be con- tested by filing with the clerk of the cir- cuit court a petition in writing and filing notice in writing with the proper canvass- ing boards as required by the Acts last referred to and the pains and penalties prescribed in the Acts last referred to shall apply to and govern all elections held under this Act. [As amended June 27, 1913. Sec. 14. INDEPENDENT CANDIDATES.] Nothing in this Act contained shall be construed to prevent the nomination of independent candidates by petition, as is now or may hereafter be provided by law. ^ a j , , , THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW AN INITIAL FINE OF 25 CENTS WILL BE ASSESSED FOR FAILURE TO RETURN THIS BOOK ON THE DATE DUE. THE PENALTY WILL INCREASE TO SO CENTS ON THE FOURTH DAY AND TO $1.OO ON THE SEVENTH DAY OVERDUE. JUL 27 1934 00 ^93000 UNIVERSITY OF CALIFORNIA LIBRARY