GIFT or 
 
ELECTION LAW 
 
 OF 
 
 NORTH CAROLINA, 
 
 [Revisal of 1905, Vols. I and II.] 
 
 hX 
 
 .w 
 
 E. M. UZZELL & CO., STATE PRINTERS, RALEIGH, N. C. 
 
^v<>. 
 
 (^^i.'^ 
 
 
 NOTE 
 
 This pamphlet is printed from the Revisal of 1905 and contains: 
 
 1. Chapter 90 — Elections. Pages 3-34. 
 
 2. Chapter 81 — Crimes, subchapter 10 — Elections. Pages 31-38. 
 
 3. Miscellaneous sections relating to elections, arranged numeri- 
 cally without regard to subject-matter. Pages 38-64. 
 
 See Index. 
 
 J. BRYAX GRIMES, 
 
 Secretary of State. 
 

 CHAPTEK 90. 
 
 
 
 ELECTIONS. 
 
 Sections. 
 
 I. 
 
 Definition, 
 
 4292 
 
 IT. 
 
 When held, 
 
 4293—4299 
 
 III. 
 
 State board, 
 
 4300—4302 
 
 IV. 
 
 County board, 
 
 4303—4314 
 
 V. 
 
 Qualification of voters, 
 
 4315—4317 
 
 VI. 
 
 Registration of voters. 
 
 4318—4324 
 
 VII. 
 
 Permanent registration, 
 
 4325—4335 
 
 VIII. 
 
 Judges, 
 
 4336—4338 
 
 IX. 
 
 Challenges, 
 
 4339—4340 
 
 X. 
 
 How conducted. 
 
 4341—4347 
 
 XI. 
 
 County board of canvassers, 
 
 4.348—4356 
 
 XII. 
 
 State board of canvassers. 
 
 4357^-4362 
 
 XIII. 
 
 State officers, 
 
 4363—4364 
 
 XIV. 
 
 Congressmen, 
 
 4365—4370 
 
 XV. 
 
 Presidential electors, 
 
 4371—4375 
 
 XVI. 
 
 Miscellaneous, 
 
 I. Definition. 
 
 4376—4383 
 
 4292. Political party. The words ''political party," as used in 
 this chapter, shall be construed to mean every such political party or 
 organization whose candidate for governor received as many as fifty 
 thousand votes in the election held August second, one thousand nine 
 hundred. 
 
 1901, c. 89, s. 85. 
 
 II. When Held. 
 
 4293. State officers. On Tuesday next after the first Monday 
 in jSTovember in the year of our Lord one thousand nine hundred 
 and four, and every four years thereafter, an election shall be held 
 in the several election precincts in each county for the following 
 officers: Governor, lieutenant governor, secretary of state, auditor, 
 treasurer, superintendent of public instruction, attorney general, 
 and other state officers whose terms last for four years, and at said 
 time and every two years thereafter, elections shall be held in the 
 several election precincts in each county for other state officers whose 
 election is not otherwise provided for by law. 
 
 1901, c. 89, s. 3. 
 
 4294. For presidential electors. On the Tuesday next after the 
 first Monday in the month of E'ovember in the year of our Lord 
 one thousand nine hundred and eight, and every four years there- 
 
 257176 
 
• J « * a ■« 
 
 4^^/l >: v':*^? OEI-PCTIONS— //. When Held. Ch. 90 
 
 after, or on such days as the Congress of the United States shall 
 have directed, a poll shall be opened in each of the precincts of the 
 state for the election of electors of president and vice-president of 
 the United States, the number of whom is to be equal to the num- 
 ber of senators and representatives in Congress to which this state 
 may be entitled, and the persons shall be electors for the state as 
 aforesaid, and the voting place in each ward or precinct shall be 
 the same as in elections for members of the general assembly, unless 
 changed by the county board of elections. 
 1901, c. 89, s. 77. 
 
 4295. For president and vice-president, by electors. The per- 
 sons elected and appointed as electors of the president and vice- 
 president of the United States shall assemble on the second Mon- 
 day of January, in the capitol at the city of Raleigh, and then 
 and there give their votes on behalf of the state of I^orth Carolina 
 for president and vice-president of the United States, and proceed 
 in relation thereto in all things conformably to the constitution of 
 the United States and the acts of Congress in that behalf. 
 
 1901, c. 89, s. 82. 
 
 4296. County officers, solicitors and congressmen. On the 
 
 Tuesday next after the first Monday in November in the year of our 
 Lord one thousand nine hundred and six, and every two years there- 
 after, an election shall be held in the several election precincts in 
 each county for members of Congress in the several districts, mem- 
 bers of the general assembly for their respective counties and dis- 
 tricts, a register of deeds, county surveyor, coroner, sheriff, county 
 commissioners, where the county commissioners are elected by the 
 people, and in such counties as have one, a county treasurer, and 
 other officers, whose terms are for two years. And on the said first 
 Tuesday after the first Monday in November in the year of our 
 Lord one thousand nine hundred and six, and every four years 
 thereafter, an election shall be held in each county for clerk of the 
 superior court, and at such times an election shall be held in the 
 several judicial districts for the office of solicitor. 
 
 1901, c. 89, s. 1. 
 
 Note. See also, s. 4367. 
 
 4297. Township offices. On the first Tuesday after the first 
 Monday in November in the year of our Lord one thousand nine 
 hundred and six, and every two years thereafter, an election shall 
 be held in each township for the office of constable, and also for 
 justices of the peace in such counties as elect them by a vote of the 
 people, and all other officers elected by a vote of the township. 
 
 1901, c. 89, s. 2. 
 
4298 ELECTIONS— 11. When Held. Ch. 90 
 
 4298. Special election for members of general assembly. When 
 
 a vacancy occurs in the general assembly 'by death, resignation or 
 otherwise, it shall be the duty of the chairman of the county board 
 of elections, or of the sheriff of the county in which the late mem- 
 ber resided, provided the general assembly shall not be in session, to 
 notify the governor of such vacancy, and in case the general assem- 
 bly shall be in session when such vacancy occurs, it shall be the 
 duty of the presiding officer in the house in which the vacancy occurs 
 to notify the governor of the same, who shall thereupon issue a writ 
 of election to the chairman or chairmen of the district* or county 
 represented by the late member, said election to be held at such 
 time as the governor may designate, and in such manner as may be 
 prescribed by law. 
 
 1901, c. 89, s. 74. 
 
 4299. Vacancies in state offices. Whenever any vacancies shall 
 exist by reason of death, resignation or otherwise, in ^ny of the fol- 
 lowing offices, to-wit: Secretary of state, auditor, treasurer, superin- 
 tendent of public instruction, attorney general, solicitor, justices of 
 the supreme court, judges of the superior court, or any other state offi- 
 cer elected by the people, the same shall be filled by elections, to be 
 held in the manner and places and under the same regiilations and 
 rules as prescribed for general elections, at the next regular election 
 for members of the general assembly, which shall occur more than 
 thirty days after such vacancy, except as otherwise provided for in 
 the constitution. 
 
 1901, c. 89, ss. 4, 73. 
 
 III. State Board. 
 
 4300. Appointed by the governor; term of office. There shall 
 
 be a state board of elections, consisting of five electors, whose terms 
 of office shall begin on the first day of June, one thousand nine hun- 
 dred and five, and continue for two years and until their successors 
 are appointed and qualified. The governor shall appoint the mem- 
 bers of this board, and not more than three of them shall be of the 
 same political party. Their successors shall likewise be appointed 
 by the governor, and their term of office shall continue for two years 
 and until their successors are elected and qualified. 
 
 1901, c. 89, s. 5. 
 
 4301. When to meet; vacancies, how filled. The state board of 
 
 elections shall meet in Ealeigh on the first Monday in July in the 
 year nineteen hundred and six and shall organize by electing one 
 of its members chairman and another secretary, and the chair- 
 man of said board may call such meetings as may be necessary to 
 
4301 ELECTIONS— ///. State Board. Cli. 90 
 
 discharge the duties and functions imposed upon said board bj this 
 chapter at such times and places as he may appoint. Any vacancy 
 occurring in the said board shall be filled by the governor, and the 
 person so appointed shall fill the unexpired term. 
 
 1901, e. 89, s. 7. 
 
 4302. Called meetings; authority; quorum. The chairman of 
 
 the state board of elections shall call a meeting of the board upon 
 the application in writing of any two members thereof, or if there 
 be no chairman, or the chairman does not call such meeting, any 
 three members of the said board shall have power to call a meeting 
 of tthe board. And any duty imposed or power conferred by this 
 chapter may be performed or exercised at such meeting, although 
 the time for performing or exercising the same prescribed by this 
 chapter may have expired. And if at any meeting any member of 
 said board shall fail to attend, and by reason thereof there is a 
 failure of a quorum, the members attending shall adjourn from day 
 to day, for not more than two days, at the end of which time, if 
 there should be no quorum, the governor may remove the members 
 so failing to attend summarily and appoint their successors. 
 1901, c. 89, s. 7. 
 
 IV. County Board. 
 
 4303. Consists of three members; when appointed; qualifica- 
 tion. There shall be in every county in the state a county board of 
 elections to consist of three persons of good moral character, who 
 are electors in the county in which they are to act, who shall be ap- 
 pointed by the state board of elections at least three months before 
 the next general state election, and biennially thereafter, and whose 
 terms of office shall continue for two years from the time of their 
 appointment and until their successors are appointed and qualified, 
 unless sooner removed therefrom as hereinafter provided. ]^ot more 
 than two members of the county board of elections shall belong to 
 the same political party, and the state chairman of each political 
 party shall have the right to reconmiend three electors in each county, 
 and it shall be the duty of the state board of elections to appoint 
 said county board from the names thus recommended: Provided, 
 that said chairmen shall recommend such persons on or before the 
 first Monday of Augaist of each year in which appointments are to 
 be made. 
 
 1901, c. 89, s. 6. 
 
 4304. When to meet. It shall be the duty of the county board of 
 elections to meet in their respective counties not later than the first 
 Monday in September, in the year of our Lord one thousand nine 
 
4304 ELECTIONS— IF. CounUj Board. Ch. 90 
 
 hundred and six, and biennially thereafter, and, a majority being 
 present, they shall organize by electing one of its members chair- 
 man and another secretary, and it may meet at such other times 
 and places as the chairman of said board, or any two members 
 thereof, may direct to divide their respective counties into election 
 precincts and fix the polling places. 
 1901, c. 89, s. 11. 
 
 4305. Polling places created, altered or changed. The county 
 
 board of elections may, in their respective counties, adopt the present 
 election precincts, or they may establish new precincts, but the elec- 
 tion precincts and polling places as now fixed in each county shall re- 
 main as they now are until altered. In the case of the alteration of 
 the election precincts or polling places therein, they shall give twenty 
 days' notice thereof, in some public journal, or in lieu thereof, in 
 tliree public places in such county, and at the courthouse door. And 
 the county board of elections shall have power from' time to time, 
 after dividing their counties into election precincts, to establish, 
 alter, discontinue, or create such new election precincts in their 
 respective counties as they may deem expedient, giving twenty days' 
 notice thereof, by advertising in some public journal, or in lieu 
 thereof, in three public places in such county, and at the courthouse 
 door. If any polling place is changed in any precinct, like adver- 
 tisement of such change shall be given. And there shall be at least 
 one polling place in every township, conveniently located for a ma- 
 jority of the voters. 
 1901, c. 89, s. 11. 
 
 4306. Furnished with necessary books and stationery. The 
 
 'county board of elections shall make thpir requisition upon the sec- 
 retary of state for such books, blanks, and stationery as may be 
 necessary for the registration of voters and holding elections in 
 their respective counties. And if the secretary of state shall fail 
 to provide said books, blanks or stationery, it shall be the duty of 
 the said board to provide the same at the expense of the state. 
 1901, c. 89, s. 11. 
 
 4307. Appoints registrars and judges of election. The county 
 
 board of elections in each county shall appoint all registrars and 
 judges of election in their respective counties, and fill vacancies 
 except as herein provided. 
 
 1901, c. 89, s. 8. 
 
 4308. Appoint registrars; may remove, and appoint others. 
 
 The county board of elections of the several counties shall select, 
 on or before the first Monday in September in the year of our Lord 
 
4308 ELECTiaXS— /F. County Board. Cli. 00 
 
 one thousand nine hundred and six, and biennially thereafter, one 
 person of good repute and standing, who shall act as registrar for 
 each township, w^ard or precinct. The said county board of elec- 
 tions shall make publication of the names of the persons so selected 
 at the courthouse door immediately after such appointment and 
 shall cause a notice to be served upon said persons by the sheriH". 
 If any registrar fail to perform the duties of his office, and for that 
 or for any other cause be removed from office, or shall die or resign, 
 or if there shall for any other cause be a vacancy in said office, the 
 chairman of the county board of elections may appoint another in 
 his place. ISTo person who is a candidate shall be a registrar or judge 
 of election. 
 
 1901, c. 89, s. 16. 
 
 4309. How vacancies filled. The state board of elections shall 
 have power to remove from office any member of the county board 
 of elections for incompetency, failure of duty, or for any other sat- 
 isfactory cause. When any member of the county board of elec- 
 tions shall be removed by the state board of elections, the vacancy 
 thus created shall be filled by the state board of elections ; the vacancy 
 occurring in the county board of elections for other cause than 
 removal by the state board of elections shall be filled by the chair- 
 man of the state board of elections, but the person so appointed to 
 fill any vacancy shall be of the same political party as his prede- 
 cessor. 
 
 1901, c. 89, s. 9. 
 
 4310. Removal of registrars and judges of election. The county 
 
 board of elections shall have power to remove any registrar or judge 
 of election appointed by it for incompetency, failure to qualify 
 within the time prescribed by law, failure to discharge the duties of 
 office after qualifying, or for any other satisfactory cause. 
 
 1901, c. 89, s. 10. 
 
 4311. Chairman transmit returns by mail, when. The chair- 
 man of the county board of elections, or other returning officer of 
 each county, shall, on or before the fifth day after the election, trans- 
 mit by mail, in a registered letter or otherwise, to the speaker of the 
 house of representatives, a separate statement of the votes taken in 
 his county for each of the state officers, to-wit: Governor, lieutenant 
 governor, secretary of state, auditor, treasurer, superintendent of 
 public instruction, and attorney general, and other state officers ; 
 which statement in each case shall be in the following or some simi- 
 lar form, viz. : 
 
4311 ELECTIONS— /F. Couiity Board. Ch. 90 
 
 State of North Carolina, County. 
 
 I, , the chairman of the county board of elections of county, 
 
 do hereby certify that at the election held in the said county to elect a governor 
 (or other officers, as the case may be), at the places appointed by law for holding 
 
 elections for said county, on the .... day of , A. D. one thousand nine 
 
 hundred and . . . . , .... votes were given for , and .... votes for 
 
 Given under my hand, this .... day of , nineteen hundred and 
 
 Chairman of the County Board of Elections. 
 
 If such statements are transmitted by mail, they shall be directed 
 in sealed packets to the speaker of the house of representatives, in 
 care of the secretary of state, and, if by messengers, they shall be 
 sent direct to the speaker of the house of representatives, sealed as 
 aforesaid: Provided, that no messenger bringing said statements or 
 any other abstracts or election returns sh'all receive compensation 
 therefor. The chairman of the county board of elections, or other 
 returning officers, failing or neglecting to perform the duties re- 
 quired in this section, shall forfeit and pay two thousand dollars, to 
 be recovered in the superior court of his county by any person who 
 shall sue for the same, and shall be guilty of a misdemeanor, and 
 imprisoned at hard labor in the state's prison for twelve months: 
 Provided further, that the chairman of the county board of elections 
 of Carteret, Hyde and Dare shall have until the eleventh day after 
 the election to comply with this section. 
 
 1901, c. 89, s. 42. 
 
 4312. Chairman to furnish county officers certificate of elec- 
 tion. The chairman of the county board of elections of each county 
 shall furnish, within ten days, the member or members elected to 
 the house of representatives and to the senate, when the district is 
 not composed of more than one county, a certificate of election under 
 his hand and seal. He shall also immediately notify all persons • 
 elected to the county offices to meet at the courthouse on the first 
 Monday in the ensuing December to be qualified. 
 
 1901, c. 89, s. 41. 
 
 4313. Where chairmen meet in senatorial districts. The chair- 
 men of the county boards of elections in the various senatorial dis- 
 tricts, composed of more than one county, after receiving the returns 
 from the board of county canvassers, shall meet on the ninth day 
 after election at the following places in their respective districts for 
 the purpose of comparing polls: In the first district, at Hertford, 
 in the county of Perquimans; in the second district, at Plymouth, 
 in the coimty of Washington; in the third district, at Roxobel, in 
 the county of Bertie ; in the seventh district, at ^Nashville, in the 
 county of IsTash; in the eighth district, at New Bern, in the county 
 of Craven ; in the tenth district, at Wallace, in the county of Duplin; 
 
4313 ELECTIOXS— /F. County Board. Cli. 90 
 
 in the eleventh district, at Wilmington, in the county of E'ew Han- 
 over; in the twelfth district, at Clarkton, in the county of Bladen; 
 in the fifteenth district, at Dunn, in the county of Harnett; in the 
 seventeenth district, at Ridgeway, in the county of Warren; in the 
 eighteenth district, at Berea, in the county of Granville ; in the nine- 
 teenth district, at Plillsboro, in the county of Orange ; in the twenty- 
 second district, at Aberdeen, in the county of Moore ; in the twenty- 
 third district, at Asheboro, in the county of Randolph ; in the twenty- 
 fourth district, at ^Norwood, in the county of Stanly ; in the twenty- 
 fifth district, at Charlotte, in the county of Mecklenburg; in the 
 twenty-eighth district, at Pilot Mountain, in the county of Surry; 
 in the twenty-ninth district, at Yadkinville, in the county of Yad- 
 kin ; in the thirty-first district, at Maiden, in the county of Catawba ; 
 in the thirty-third district, at Rutherfordton, in the county of Ruth- 
 erford; in the thirty-fourth district, at Morganton, in the county of 
 Burke; in the thirty-fifth district, at Jefferson, in the county of 
 Ashe; in the thirty-sixth district, at Burnsville, in the county of 
 Yancey; in the thirty-eighth district, at Sylva, in the county of 
 Jackson; in the thirty-ninth district, at Murphy, in the county of 
 Cherokee. 
 
 1901, c. 89, s. 40. 
 
 4314. Duty of senatorial chairmen. Said chairmen or a majority 
 of them after they shall have thus completed the comparison of the 
 polls shall judicially determine the result of the election in said sena- 
 torial district and shall issue a certificate of election substantially 
 as follows : 
 
 State of North Carolina — County of 
 
 We, , chairman of the county board of elections of county ; 
 
 , chairman of the county board of elections of county; , 
 
 chairman of the county board of elections of county ; and , 
 
 chairman of the county board of elections of county, do hereby certify 
 
 that we met in pursuance to law at the courthouse in the town of , on 
 
 the .... day of November, , being the ninth day after the general election, 
 
 and after comparing the polls we find that — 
 
 received votes. 
 
 received votes. 
 
 , received votes. 
 
 received votes. 
 
 We therefore declare that and have received a majority 
 
 of the votes and are duly elected as senators from the senatorial dis- 
 trict of North Carolina. 
 
 Witness our hands and seals, this .... day of November, 19 . . 
 
 (Seal). 
 (Seal). 
 ( Seal ) . 
 (Seal). 
 
 If for any cause a majority of said chairmen should fail to be 
 present, those present shall adjourn for one week and give notice of 
 
 10 
 
4314 ELECTIONS— /F. County Board. Ch. 90 
 
 such adjournment to the absent chairmen, which notice shall be 
 served by the sheriff of the county where such chairmen may reside : 
 Provided, however, if any such chairmen shall be incapacitated by 
 sickness from attending it shall be the duty of the secretary of the 
 board to attend in place of such chairmen and exercise the powder con- 
 ferred by this section upon such chairmen. 
 1905, c. 510. 
 
 V. Qualification of Votees. 
 
 4315. Who may not vote. The following classes of persons shall 
 not be allowed to register or vote in this state, to-wit: Eirst, persons 
 under twenty-one. years of age ; second, idiots and lunatics ; third, 
 persons w^ho have been convicted or confessed their gaiilt in open 
 court, upon indictment, of any crime, the punishment of which 
 is now^, or may hereafter be, imprisonment in the state's prison, 
 unless such person shall have been restored to citizenship in the 
 manner prescribed by law. 
 
 1901, c. 89, s. 14. 
 
 4316. Who may vote. Subject to the exceptions contained in 
 the preceding section, every male person who has been naturalized, 
 twenty-one years of age, a citizen of the state of l^orth Carolina, 
 who shall have resided two years in the state and six months in the 
 county, and four months in the precinct, ward or election district 
 in which he offers to vote next preceding the election, shall, if other- 
 wise qualified, as prescribed in this chapter, be a qualified elector 
 in the precinct, ward, or township in w^hich he resides: Provided, 
 that removal from one ward, precinct or other election district to 
 another in the same county shall not operate to deprive any person 
 of the right to vote in the precinct, ward or other election district 
 from which he has removed until four months after such removal, 
 and all electors shall register and vote in the election precinct of 
 their residence, except in case of removal, as above specified, in 
 which case such person shall register in the township, ward or pre- 
 cinct whence he has removed. The residence of a married man 
 shall be where his family resides, and that of a single man where 
 he sleeps. And it shall be the duty of the registrar or judge of elec- 
 tion, when requested by any bystander, to swear any person offer- 
 ing to register as to his residence, and to have placed in writing oppo- 
 site his name the word ^^Sworn." 
 
 1901, c. 89, s. 15. 
 
 4317. Voter must be registered. Only such persons as are reg- 
 istered shall be entitled to vote in any election held under this chap- 
 ter. 
 
 1901, c. 89, s. 12. 
 
 11 
 
4318 ELECTIONS— r/. Registration. Cli. 90 
 
 VI. Registkation of Voteks. 
 
 4318. Voter must be able to read and write; exceptions. Every 
 
 person presenting himself for registration shall be able to read and 
 write any section of the constitution in the English language, and 
 shall show to the satisfaction of the registrar his ability to read 
 and write any such section when he applies for registration, and 
 before he is registered: Provided, however, that no male person 
 who was, on January first, one thousand eight hundred and sixty- 
 seven, or at any time prior thereto, entitled to vote under the laws of 
 any state in the United States where he then resided, and no lineal 
 descendant of such person, shall be denied the right to register and 
 vote at any election in this state by reason of his failure to possess 
 the educational qualification aforesaid : Provided, that it shall be 
 made to appear to the registrar that he or his ancestor was entitled 
 to vote prior to January first, one thousand eight hundred and sixty- 
 seven, in any state in the United States, as prescribed by article 
 six, section four, of the constitution, and such person, if otherwise 
 qualified, shall be registered, and no registrar shall have the right 
 to inquire whether such person can read or write. 
 1901, c. 89, s. 12. 
 
 4319. Qualifications as to residence for voters; oath to be 
 
 taken, in all cases the applicant for registration shall be sworn before 
 being registered, and shall state as accurately as possible his name, 
 age, place of birth, place of residence, stating ward if he resides 
 in an incorporated town or city, and any other questions which may 
 be material upon the question of identity and qualification of the 
 said applicant to be admitted to registration. The registrar, if in 
 doubt as to the right of the applicant to register, may require other 
 evidence satisfactory to him as to the qualification of the applicant. 
 And thereupon if the applicant shall be found to be duly qualified 
 and entitled to be registered as an elector, the registrar shall register 
 the applicant, giving his race opposite his name, and shall record 
 his name, age, residence, place of birth and the township, county 
 or state from whence he has removed, in the event of a removal, 
 in the appropriate column of the registration books, and the registra- 
 tion books containing the said record shall be evidence against the 
 applicant in any court of law in a proceeding for false or fraudulent 
 registration. Every person qualified as an elector shall take the 
 following oath: 
 
 I do solemnly swear (or affirm) that I will support the constitution of the 
 United States, and the constitution of the state of North Carolina, not incon- 
 sistent therewith; that I have been a resident of the state of North Carolina 
 
 for two years, and of the county of for six months, and of 
 
 township (precinct or ward) for four months; or that I was a resident of 
 
 12 
 
4319 ELECTIOISrS— y/. Registration. Ch. 90 
 
 township (ward or precinct) on the day of (being four months 
 
 preceding the election) and removed therefrom to township (ward or 
 
 precinct), where I have since resided; that I am twenty-one years of age; that 1 
 have not registered for this election in any other ward or precinct or township. 
 So help me, God. 
 
 And thereupon the said person, if otherwise qualified, shall be 
 ititled to register. 
 1901, c. 89, s. 12. 
 
 4320. Poll tax must be paid before person can vote; receipt ex- 
 hibited. No person shall be entitled to vote unless he shall have paid 
 his poll tax for the previous year, on or before the first day of May 
 of the year in which he offers to vote, as prescribed under article five, 
 section one, of the constitution. Every person liable for such poll 
 tax shall, before being allowed to vote, exhibit to the registrar his 
 poll tax receipt for the previous year, issued under the hand of 
 the sheriff or tax collector of the county or township where he then 
 resided; and unless such poll tax receipt shall bear date on or before 
 the first day of May of the year in which he offers to vote, such 
 person shall not be allowed to vote: Provided, that in lieu of such 
 poll tax receipt it shall be competent for the registrar and judges of 
 election to allow such person to vote upon his taking and subscribing 
 the following oath: 
 
 North Carolina, County. 
 
 I do solemnly swear (or affirm) that on or before the first day of May of this 
 year I paid my poll tax for the previous year, as required by article six, section 
 four, of the constitution of North Carolina. 
 
 Sworn to and subscribed before me, this the .... day of , 19. . 
 
 ^^- Registrar. 
 
 Which oath shall bear date on the day on which such election is 
 held : Provided further, that if not satisfied, the registrar and judges 
 of election may require other and further proof of such payment of 
 poll tax. 
 
 1901, c. 89, s. 13. 
 
 4321. Who may vote without paying poll tax. Xo person who 
 
 has become of age since the first day of June of the previous year, 
 or who was fifty years of age or over on the first day of June of the 
 previous year, shall be required to produce any poll tax receipt, or 
 take the oath as to payment of polj. tax hereinbefore provided, in 
 order to vote. 'Eo person who has been exempted by the commis- 
 sioners of the county wherein he resides on account of poverty or 
 infirmity shall be required to produce any poll tax receipt or to take 
 said oath as to payment of poll tax in order to vote. ^No person shall 
 be allowed to vote on any exemption granted by the board of com- 
 
 13 
 
4321 ELECTIO^^S— 7/. Registration. Ch. 90 
 
 missioners unless the same shall have been granted on or before the 
 first day of May of the year in which he offers to vote and bears date 
 on or before said date. 
 
 1901, c. 89, s. 13; 1903, c. 479. 
 
 4322. When person can register on election day. Xo registra- 
 tion shall be allowed on the day of election, but if any person shall 
 give satisfactory evidence to the registrar and judges of election 
 that he has become qualified to register and vote after the time for 
 registration has expired, he shall be allowed to register on that date. 
 
 1901; c. 89, s. 21. 
 
 4323. Registration books kept open, when; registrar to take 
 
 oath. The registrar of each township, ward or precinct shall be fur- 
 nished with a registration book prepared as hereinbefore provided, 
 and it shall b^ his duty, between the hours of nine o'clock a. m. and 
 sunset, on each day (Sunday excepted) for twenty days preceding 
 the day for closing the registration books, as hereinafter provided, 
 to keep open said books for the registration of any electors residing 
 within such township, ward or precinct and entitled to registration. 
 The said books shall be closed for registration at sunset on the 
 second Saturday before each election. On each Saturday during 
 the period of registration, the registrar shall attend with his reg- 
 istration books at the polling place of his precinct or ward for the 
 registration of voters. Every registrar, before entering upon the 
 discharge of the duties of his office, shall take an oath before a 
 justice of the peace or some other person authorized to administer 
 oaths, that he will support the constitution of the United States and 
 the constitution of I*^orth Carolina not inconsistent therewith, and 
 that he will honestly and impartially discharge the duties of regis- 
 trar, and honestly and fairly conduct such election. 
 1901, c. 89, s. 18. 
 
 4324. Registration books deposited with register of deeds. 
 
 Immediately after any election, the registrar and judges of election 
 shall deposit the registration books for their respective precincts 
 with the register of deeds of their respective counties. 
 
 1901, c. 89, s. 25. 
 
 VII. Permanent Eegisteation. 
 
 4325. Who entitled JtO. Every person claiming the benefit of sec- 
 tion four of article six of the constitution of I^orth Carolina, as 
 ratified at the general election on the second day of August, one 
 thousand nine hundred, and who shall be entitled to register upon 
 the permanent record for registration provided for under said section 
 
 14 
 
4325 ELECTIO^^S— 7//. Permanent Registration. Ch. 90 
 
 four, shall, prior to December first, one thousand nine hundred and 
 eight, apply for registration to the officer charged with the registra- 
 tion of voters as prescribed by law in each regular election to be held 
 in the state for members of the general assembly, and such person 
 shall J;ake and subscribe before such officer an oath in the following 
 form, viz. : 
 
 I am a citizen of the United States and of the state of North Carolina; I am 
 .... years of age. I was on the first day of January, A. D. one thousand eight 
 hundred and sixty-seven, or prior to said date, entitled to vote under the consti- 
 tution and laws of the state of , in which I then resided (or, I am a 
 
 lineal descendant of , who was on January 1, one thousand eight hun- 
 dred and sixty-seven, or prior to that date, entitled to vote under the constitution 
 and laws of the state of , wherein he then resided). 
 
 1901, c. 550, s. 1. . 
 
 4326. Oaths administered, and names recorded. It shall be 
 
 the duty of the officer charged with the registration of voters in all 
 such elections held in this state until November first, ane thousand 
 nine hundred and eight, to administer such oaths and to record the 
 name of such person on his roll of registered and qualified voters; 
 and all registration under this chapter and under the said section of 
 the constitution shall be had and taken at the times and places pro- 
 vided by law for registration of voters for all such elections in this 
 state until !N^ovember first, one thousand nine hundred and eight. 
 
 1901, c. 550, s. 2. 
 
 4327. Registrar must return list of, to clerk of superior court; 
 
 the records in a book. It shall be the duty of such registration offi- 
 cer, within five days after the close of the election, to return to the 
 clerk of the superior court of the county in which he resides a list 
 of the names of all the persons so registered by him, stating therein 
 'the name and age of such person, and the name of the person from 
 whom descended, unless he himself was a voter on January first, one 
 thousand eight hundred and sixty-seven, or prior thereto, and the 
 state wherein he or his ancestor was a voter and the date on w^hich 
 he applied for registration, and it shall be the duty of the clerk of 
 the superior court, within ten days after receipt of said list, to make 
 an alphabetical roll by townships of all persons taking such oath and 
 registered by such registrar, and to record the same in a book to be 
 provided for that purpose, which said book shall contain the name 
 and age of such person, the name of the person from whom he was 
 descended, unless he himself was a voter on January first, one thou- 
 sand eight hundred and sixty-seven, or prior thereto, the state in 
 which he was such voter and the date he applied for registration. 
 And the said roll shall, during the office hours of said clerk, be open 
 to the inspection of the public. 
 
 1901, c. 550, s. 3; 1903, c. 557. 
 
 15 
 
4328 ELECTIO:^S— 7//. Permanent Registration. Cli. 90 
 
 4328. Clerks to certify list to secretary of state. It shall be 
 
 the duty of the several clerks of the superior courts of this state to 
 certify to the secretary of state, within thirty days after the close of 
 each election, a copy of the said roll in his office, and it shall be the 
 duty of the secretary of state to record, in a book provided for J:hat 
 purpose, the facts set out in such certified copy, and keep the lists 
 from each county separate. The clerk of the superior court shall 
 keep the lists from each township in separate columns. The books 
 kept by such clerks and the secretary of state shall be plainly let- 
 tered ^Termanent Eoll of Eegistered Voters," and they shall pre- 
 pare a complete alphabetical index to the same. And for recording 
 and indexing such names the clerks of the superior courts shall re- 
 ceive as compensation ten cents for each copysheet, to be paid by the 
 county commissioners. 
 
 1901, c. 550, s. 4; 1903, c. 557, s. 2. 
 
 4329. Registrars to enter names on books, and so certify; 
 clerk certifies to genuineness; how copy obtained, it shall be the 
 
 duty of all officers charged with the registration of voters in any 
 election held in the state, to enter the name of such person on the 
 registration book and voting lists of his township, ward or precinct, 
 and to give a certificate in the following form : 
 
 I, , registrar for township ( ward or precinct ) of county, 
 
 do hereby certify that on this day .... of .... race, of county, 
 
 township, precinct (or ward), age .... years, took and subscribed the 
 
 oath required by law, and has this day been registered on the permanent roll as a 
 voter in said township (ward or precinct), in accordance with section four, arti- 
 cle six of the constitution of North Carolina. 
 
 This the day of , 19 . . , 
 
 Registrar. 
 
 And it shall be the duty of the clerk of the superior court to cer- 
 tify under his hand and seal to the genuineness of such certificate 
 as follows: 
 
 North Carolina, County. 
 
 I, , clerk of the superior court of the aforesaid county, do hereby cer- 
 tify that the foregoing certificate is in due form, and that the signature of said 
 
 , registrar of said precinct (ward or township), is in his own proper 
 
 handwriting. 
 
 Witness my hand and official seal, this the .... day of , 19. . 
 
 Clerk of the Superior Court. 
 
 And for furnishing such certificates and administering such oaths 
 neither the said registrar nor clerk shall be paid any compensation 
 by the person so applying for registration. In the event of the loss 
 of such certificate the person entitled to the same, upon the payment 
 of twenty-five cents, may obtain from the clerk of the superior court, 
 or from the secretary of state, a certificate under his official seal to 
 
 16 
 
4329 ELECTIONS— 77/. Permanent Registration. Ch. 90 
 
 the effect that his name is on the Permanent Roll of Registered 
 Voters from his county, in his office, and such certificate shall, in 
 all respects, take the place of such original and be used as such. 
 
 1901, c. 550, s. 5. 
 
 4330. Copy obtained from secretary's office, when. In the 
 
 event of loss or destruction of such rolls in the clerk's office, it shall 
 be his duty to obtain from the secretary of state a certified copy of 
 said roll for his county, and such certified copy shall be good and 
 effectual for all purposes as the original would have been. 
 1901, c. 550, s. 6. 
 
 4331. Copy of, or certificate from, evidence of voter's rights. 
 
 In all suits involving the right to vote, or trying the title to office, 
 or other action in which such rolls are produced in evidence, all of 
 the facts and recitals therein shall be taken as prima facie evidence 
 of such facts and recitals, and if the right of any voter upon such 
 rolls to vote is challenged, either his certificate or a certified copy of 
 such permanent roll shall be deemed prima facie evidence of his 
 right to vote. 
 1901, c. 550, s. 7. 
 
 4332. Voter moving, how registered. Whenever any voter so- 
 registered shall remove from one precinct to another in the same 
 county, or from one county to another in the state, he shall make 
 application for registration, and upon production of his certificate 
 of his being on the permanent roll, as provided in this chapter, under 
 the hand and seal of either the clerk of the superior court or of the 
 secretary of state, and proof of his identity, the proper officer charged 
 with the registration of voters shall register tris name and make 
 record of the same as in cases of original registration under this 
 chapter. 
 
 1901, c. 550, s. 8. 
 
 4333. Entitled to vote, though unable to read. Any person hold- 
 ing a certificate of registration, as herein provided, shall be enti- 
 titled to register in any county in this state, notwithstanding his in- 
 ability to read and write : Provided, that he shall be otherwise quali- 
 fied as an elector. 
 
 1001, c. 550, s. S. 
 
 4334. Secretary of state furnishes necessary blanks. The sec- 
 retary of state shall procure, provide and furnish to the several offi- 
 cers named in this chapter and charged with duties under it, all such 
 books, blanks and other printed matter as may be necessary to carry 
 into effect the provisions of this chapter. 
 
 1901, c. 550, s. 10. 
 
 2 17 
 
4335 ELECTIONS— F/I. Permanent Registration. Ch. "90 
 
 4335. Books constitute roll in secretary of state's office. The 
 
 books containing the permanent roll of registered voters, sent to the 
 office of the secretary of state by clerks of the courts of the several 
 counties, shall be and constitute the Permanent Roll of Registered 
 Voters, required by this chapter to be kept in the office of the sec- 
 retary of state, and such books shall be deemed a full and complete 
 compliance with the requirements of this chapter. It shall be the 
 duty of the several clerks of the court, within thirty days after, the 
 close of each registration hereafter to be held, up to the first day of 
 December, one thousand nine hundred and eight, to forward to the 
 secretary of state the names of all persons registering under article 
 six, section four, of the constitution of Xorth Carolina, as required 
 by this chapter, and it shall be the duty of the secretary of state to 
 record such names in the Permanent Roll of Registered Voters for 
 the several counties. 
 1903, c. 178. 
 
 VIII. Judges. 
 
 4336. How and when appointed. The county board of elections 
 for each county, on or before the first Monday in September, in the 
 year of our Lord one thousand nine hundred and six, and biennially 
 thereafter, or at such other times as it shall be necessary to do so, 
 shall appoint two persons who shall act as judges of election at each 
 place of holding elections in their respective districts, each of whom 
 shall be men of good moral character and able to read and write. 
 The chairman of each political party in each county shall have the 
 right to recommend three electors, residing in the precinct, who shall 
 be men of good moral character, and able to read and write, for 
 judges of election in such precinct: Provided, that no person hold- 
 ing any office or place of trust or profit under the government of the 
 United States or the state of I^orth Carolina, except justices of the 
 peace, shall be eligible to appointment. And the county board of 
 
 ^elections shall appoint one judge of election out of each list so recom- 
 mended: Provided, said lists shall be filed by such chairman by 
 twelve o'clock, m., on said first Monday in September. 
 1901, c. 89, s. 20. 
 
 4337. Names published; vacancies filled; qualify before acting. 
 
 The county board of elections shall, immediately after the appoint- 
 ment of judges of election as herein provided, publish the names 
 of such judges so appointed, at the courthouse door of said county ; 
 and if any person appointed judge of election shall decline to serve 
 and so notify the chairman of the county board of elections, said 
 chairman shall Jiave the right to appoint another qualified elector of 
 such precinct, who shall be of the same political party, if possible, 
 
 18 
 
4337 ELECTIOIS^S— FIZZ. Judges, Ch. 90 
 
 to serve as judge of election in his stead, and his name shall be 
 published at the courthouse door, and notice of his appointment 
 served upon him as above provided. If any person appointed judge 
 of election shall fail to attend at the polls at the hour of opening 
 the same, the registrar of the township, ward or precinct shall ap- 
 point some suitable elector of the same political party as the judge 
 failing to appear, if practicable, to act in his stead, who shall be 
 by him sworn before acting ; and if the registrar shall fail to appear, 
 then the judges of election may appoint another to act as registrar, 
 who shall be sworn before acting. 
 
 1901, c. 89, s. 20. 
 
 4338, Duties of. The judges of election shall attend at the poll- 
 ing places for which they are severally appointed on the day of elec- 
 tion, and they, together with the registrar for such township, ward 
 or precinct, who shall attend with the registration books^ after being 
 sworn by some justice of the peace, or other person authorized to 
 administer oaths, to conduct the election fairly and impartially, 
 according to the constitution and laws of the state, shall open the 
 polls and superintend the same until the close of the election. They 
 shall keep poll books, in which shall be entered the name of every 
 person who shall vote, and at the close of the election the said regis- 
 trar and judges of election shall certify the same over their proper 
 signatures, or a majority of them, and deposit one copy thereof with 
 the register of deeds and another with the chairman of the county 
 board of elections for safe-keeping. And said poll books shall, in 
 any trial for illegal or fraudulent voting, be evidence. 
 
 1901, c. 89, s. 20. 
 
 IX. Challenges. 
 
 4339. Registrar attends for, when. It shall be the duty of the 
 
 registrar to attend the polling place of his township or precinct with 
 the registration books on Saturday preceding the election, from the 
 hour of nine o'clock, a. m., till the hour of three o'clock, p. m., when 
 and where the said books shall be open for the inspection of the elec- 
 tors of the precinct or township, and any of said electors shall be 
 allowed to object to the name of any person appearing on said books. 
 In case of any such objection, the registrar shall enter upon his books, 
 opposite the name of the person so objected to, the word ^'^ Challenged," 
 and shall appoint a time and place, before the election day, when he, 
 together with said judges, shall hear and decide said objection, giv- 
 ing personal notice of such challenge to the voter so objected to; and 
 if for any cause personal notice can not be given, then it shall be suffi- 
 cient notice to leave a copy thereof at his residence : Provided, noth- 
 ing in this section shall prohibit any elector from challenging or 
 
 19. 
 
4339 ELECTIONS— 7X Challenges. Ch. 90 
 
 objecting to the name of any person registered or offering to register 
 at any time other than that above specified. If any person so chal- 
 lenged or objected to shall be found not duly qualified, the registrar 
 shall erase his name from the books. 
 1901, c. 89, s. 19. 
 
 4340. How heard. When any person is challenged, the judges 
 and registrar shall explain to him the qualifications of an elector, 
 and shall examine him as to his qualifications; and if the person 
 insists that he is qualified and shall prove his identity with the per- 
 son in whose name he offers to vote, and his continued residence in 
 the precinct since his name was placed upon the registration list, as 
 the case may be, by the testimony, under oath, of at least one elector, 
 one of the judges, or the registrar, shall tender to him the following 
 oath or affirmation: 
 
 You do solemnly swear (or affirm) that you are a citizen of the United States; 
 that you are twenty-one years old, and that you have resided in this state for 
 two years, and in this county for six months next preceding this election, and 
 that you are not disqualified from voting by the constitution and laws of this 
 state; that your name is (here insert name given), and that in such name you 
 were duly registered as a voter of this township; and that you are the identical 
 person you represent yourself to be, and that you have not voted* in this election 
 .at this or any other polling place. So help you, God. 
 
 And if he refuses to take such oath, when tendered, his vote shall 
 be rejected; if, however, he does take the oath when tendered, his 
 vote shall be received: Provided, that after such oath or affirma- 
 tion shall have been taken, the registrar and judges may, neverthe- 
 less, refuse to permit such person to vote, unless they be satisfied 
 that he is a legal voter; and they are hereby authorized to adminis- 
 ter the necessary oaths or affirmations to all witnesses brought before 
 them to testify to the qualification of a person offering to vote. 
 Whenever any person's vote shall be received, after having taken 
 the oath or affirmation prescribed in this section, the registrar or 
 one of the judges shall write on the poll books, at the end of such 
 person's name,* the word '^Sworn." The same powers as to the ad- 
 ministration of oaths and affirmations and the examination of wit- 
 nesses, as in this section granted to registrars and judges of election, 
 may be exercised by the registrars in all cases where the names of 
 persons registered or offering to register are objected to. 
 
 1901, c. 89, s. 22. 
 
 X. How Conducted. 
 
 4341. Special elections. Every election held in pursuance of a 
 writ from the governor, shall be conducted in like manner as the 
 regular biennial elections, so far as the particular case can be gov- 
 erned by general rules, and shall, to all intents and purposes, be as 
 
 20 
 
4341 ELECTIOISrS— Z. How Conducted. Ch. 90 
 
 legal and valid, and subject the officers holding and the persons 
 elected to the same penalties and liabilities as if the same had been 
 held at the time and according to the rules and regulations prescribed 
 for the regular biennial elections. 
 
 1901, c. 89, s. 75. 
 
 4342. Polls, how opened and held. The polls shall be open on 
 the day of election from sunrise until sunset on the same day, and 
 no longer, and each elector whose name shall appear registered shall 
 be entitled to vote, unless he is successfully challenged for good cause 
 on the day of election. A space of not more than fifty feet in every 
 direction from the polls or rooms in which the election is held may 
 be kept open and clear of all persons except the judges j registrar 
 and election bailiffs herein provided for, which space may be roped off 
 with a narrow passage leading to and from the polls, and each elector 
 shall approach the polls from one direction through such passage, 
 and after his ballot is deposited in the ballot box, with a's little delay 
 as possible he shall depart by the passage leading from the polls. 
 Only one elector shall enter the said passage at a time, and after 
 the elector has entered, no one except the registrar or judges of elec- 
 tion shall be permitted to speak to him or make any signs to him, nor 
 shall he be permitted to speak or to make any signs to any one except 
 the registrar or judges of election, until his ballot has been deposited 
 in the box and he has passed out of the enclosure. The said roped 
 space shall, at all times during the hours for balloting, be kept open 
 and clear of all persons except the election officers as aforesaid, and 
 it shall be the duty of the election bailiffs to keep such space so 
 cleared and open: Provided, that nothing herein contained shall 
 make it compulsory for the judges and registrar to rope off said 
 space: Provided further, that when any person is challenged, one 
 challenger for each political party shall be entitled to enter the 
 space roped off during the hearing of such challenge, but they shall 
 retire therefrom upon the challenge being decided. 
 
 1901, c. 89, s. 23. 
 
 4343. Voter may deposit his own ballot. The ballot may be de- 
 posited for the voter by the registrar, or one of the judges of elec- 
 tion, or the voter may deposit it if he chooses. 
 
 1901, c. 89, s. 24. 
 
 4344. Size of ballots. The ballots shall be on white paper and 
 may be printed or written, or partly written and partly printed, and 
 shall be without device. The state board of elections may, on or 
 before the first Monday of September, one thousand nine hundred 
 and six, and biennially thereafter, prescribe the size of ballots for 
 state, judicial and congressional officers, and the county board of 
 
 21 
 
4344 ELECTIONS— .Y. How Conducted. Ch. 90 
 
 elections niaj, on or before the first Monday of September, one 
 thousand nine hundred and six, and biennially thereafter, prescribe 
 the size of the ballot for county, legislative and township offices. 
 
 1901, c. 89, s. 28. 
 
 4345- What ticket to contain. The state officers, viz. : Governor, 
 lieutenant governor, secretary of state, auditor, treasurer, superin- 
 tendent of public instruction, attorney general, and other state officers 
 not herein mentioned, the justices of the supreme court and the 
 judges of the superior court shall be voted for on one ballot ; members 
 of Congress on one ballot; presidential electors on one ballot; solic- 
 itors, members of the general assembly, clerk of the superior court, 
 treasurer, register of deeds, surveyor, coroner, sheriff, county com- 
 missioners, tax collector, and every other officer elected by the voters 
 of the county, shall be voted for on one ballot. All officers elected 
 by the voters of a toAvnship shall be voted for on one ballot. 
 
 1901, c. 89, s. 28. 
 
 4346. Ballot boxes; description; how provided. The county 
 
 board of elections, or upon their failure, the registrar and judges of 
 election, shall provide in each election precinct in their respective 
 counties, ballot boxes for each class of officers to be voted for in 
 which to deposit the ballots for such officers respectively. Each of 
 said boxes shall have an opening through the lid of sufficient size to 
 admit a single ballot, and no more. Each box shall be labeled in 
 plain roman letters, designating whether congressional, state, county 
 or township box. The ballot boxes so furnished by the said county 
 board of elections may be kept by the registrars after the election is 
 over, if so ordered by said county board; otherwise they shall be 
 returned to said board. The said registrar and judges of election, 
 before the voting begins, shall carefully examine the ballot boxes 
 and see that there is nothing in them, and thereupon they shall close 
 and securely fasten the same, and no ballot box shall be opened until 
 the time for voting is at an end. 
 
 1901, c. 89, s. 29. 
 
 4347. How votes counted. When the election shall be finished, 
 the registrar and judges of election, in the presence of such of the 
 electors as may choose to attend, shall open the boxes and count 
 the ballots, reading aloud the names of the persons who shall appear 
 upon each ticket ; and if there shall be two or more tickets rolled up 
 together, or any ticket shall contain the names of more persons than 
 such elector has a right to vote for, or shall have a device upon it; in 
 either of these cases such tickets shall not be numbered in taking 
 the ballots, but shall be void ; and the said counting of votes shall be 
 
 22 
 
4347 ELECTIONS— X. How Conducted. Ch. 90 
 
 continued without adjournment until completed and the result 
 thereof declared. Any ballot found in the wrong box shall not be 
 counted, unless the registrar and judges of election shall be satisfied 
 that the same was placed there by mistake. 
 
 1901, c. 89, s. 30. 
 
 XI. County Boaed of Canvassers. 
 
 4348. How members appointed. The registrar and judges of 
 election in each township, w^ard or precinct shall appoint one of their 
 number to attend the meeting of the board of county canvassers as a 
 member thereof, and they shall deliver to the miember who shall have 
 been so appointed the original return or statement of the result of 
 the election in such township, ward Or precinct, and the members 
 of the several township, ward or precinct boards of election, who 
 shall have been so appointed, shall constitute the board of county 
 canvassers for such county, and a majority shall constitute a quorum. 
 
 1901, c. 89, s. 31. 
 
 4349. When to meet; elect chairman; how sworn. The board 
 
 of county canvassers shall meet on the second day next after every 
 election, at eleven o'clock a. m. of that day at the courthouse of the 
 county, and at that hour, without delay, the members of such board 
 who shall then be present shall choose one of their number who shall 
 be chairman, and shall choose one of their members as clerk of said 
 board: Provided, the board of county canvassers of Carteret and 
 Hyde shall meet on the seventh day after the election. As soon 
 as such chairman shall be appointed he shall^ administer to each 
 of the other members, and each of the other members shall 
 take an oath or afiirmation in the following form: "You do swear 
 (or affirm) that you will faithfully and impartially execute the 
 duties of the board of canvassers according to law.'' And there- 
 upon one of the members of such board, appointed for that purpose, 
 shall administer to such chairman, and such chairman shall take 
 an oath or affirmation in the same form as that taken by the other 
 members of the board. And before proceeding to canvass and esti- 
 mate the votes in such county, the chairman of the board shall admin- 
 ister to the clerk thereof an oath or affirmation in the following form : 
 "You do swear (or affirm) that you will faithfully execute the 
 duties of clerk of this board according to law." 
 
 1901, c. 89, s. 32; 1905, c. 222. 
 
 4350. Canvass returns; determine result. The board of county 
 
 canvassers at their said meeting, in the presence of such electors 
 as choose to attend, shall open and canvass and judicially determine 
 
 23 
 
4350 ELECTIOiS^S— X/. County Board of Canvassers. Ch. 90 
 
 the returns, stating the number of legal ballots cast in each precinct 
 for each officer, the name of each person voted for, and the number 
 of votes given to each person for each different office, and shall 
 sign the same. The said board shall have power and authority to 
 judicially pass upon all facts relative to the election, and judicially 
 determine and declare the result of the same. And they shall also 
 have power and authority to send for papers and persons and exam- 
 ine the same. 
 1901, c. 89, s. 33. 
 
 4351. What returns placed on same abstract. The abstract 
 
 of votes for each of the following classes of officers shall be made on 
 •a different sheet: 
 
 1. Governor and all state officers; justices of the supreme court 
 and judges of the superior court. 
 
 2. Senators and representatives of the general assembly. 
 
 3. Solicitor. 
 
 4. County officers. 
 
 5. Tovniship officers. 
 
 6. Representative in the Congress. 
 1901, c. 89, s. 34. • 
 
 4352. Abstract of votes for offices, except county and town- 
 ship, where sent. Two abstracts of all votes cast for state officers, 
 representative in Congress, for justices of the supreme court, for 
 judges of the superior court, and for solicitor, shall be made and 
 signed by the chairman of the board of county canvassers, one of 
 which shall be delivered to the chairman of the county board of 
 elections, one filed with- the register of deeds, to be registered in his 
 office, also two separate abstracts of all votes cast for state senators, 
 when the senatorial districts consist of more than one county, one of 
 which shall be filed with the register of deeds to be registered in his 
 office, and the other furnished to the county board of elections or 
 other returning officer. 
 
 1901, c. 89, s. 35. 
 
 4353. Abstracts of county and township office's, where filed. 
 
 Two abstracts of the votes cast for county and township officers and 
 for members of the general assembly shall be made and signed by 
 the chairman of the board of county canvassers, one of which shall 
 be delivered to the chairman of the county board of elections, and one 
 filed with the register of deeds to be registered in his office. 
 1901, c. 89, s. 36. 
 
 4354. Original returns, where filed. When the canvass is con- 
 cluded the board shall deliver the original returns to the clerk of 
 
 24 
 
4354 ELECTIOl^S— XL County Board of Canvassers. Ch. 90 
 
 the superior court to be filed in his office. The register of deeds 
 shall also deliver by mail to the secretary of state and to the chair- 
 man of the state board of elections, each, one duplicate of the ab- 
 stract of the votes cast for governor, and all state officers, for justices 
 of the supreme court, judges of the superior court, and solicitor and 
 representative in Congress. 
 1901, c. 89, s. 37. 
 
 4355. Who declared elected. The person having the greatest 
 number of legal votes for any office is to be declared elected. But 
 if two or more county candidates, having the greatest number of 
 votes, shall have an equal number, the county board of elections shall 
 determine which shall be elected. 
 
 1901, c. 89, s. 38. 
 
 ' 4356. To declare result of election. When the board of county 
 canvassers shall have thus completed the comparison of the polls, they 
 shall judicially determine the result of the election in their county 
 for all persons voted for, and proclaim the same at the courthouse 
 door, with the number of votes cast for each. 
 1901, c. 89, s. 39. 
 
 XII. State Board of Canvassers. 
 
 4357. Who constitutes. The governor and four members of the 
 state board of elections, to be named and selected by said board, 
 shall constitute the board of state canvassers, but no member thereof 
 shall take part in canvassing the votes for any office for which he 
 himself is a candidate. ~^ 
 
 1901, c. 89, s. 63. 
 
 4358. Duty of. The board of state canvassers shall open the ab- 
 stracts transmitted to the secretary of state on the Thursday follow- 
 ing the third Monday after each election held under the provisions 
 of this chapter, and examine the returns, if they shall have been re- 
 ceived from all of the counties, and, if not all received, they may ad- 
 journ not exceeding twenty days for the purpose of obtaining the re- 
 turns from all of the counties, and when these are received, shall pro- 
 ceed with the canvass, which canvass shall be conducted publicly in 
 the hall of the house of representatives. They shall make an abstract, 
 stating the number of legal ballots cast for each candidate, the names 
 of all persons voted for, for what office they respectively received 
 the votes, and the number of votes each received, and stating whom 
 they ascertain and judicially determine by the count to be elected 
 
 . to the office, which abstract shall be signed by the board of can- 
 vassers in their official capacity as state canvassers, and have the seal 
 
 25 
 
4358 ELECTIOJSTS— Z/7. Sfate Board of Canvassers. Ch. 90 
 
 of the state affixed thereto : Provided, that in all cases of special elec- 
 tions ordered by the governor to fill vacancies in the representation 
 of the state in the Congress, the board of state canvassers may meet as 
 soon as the secretary of state may notify the members of the board 
 that the returns from all the counties entitled to vote in said special 
 elections have been received by him; and it shall be the duty of the 
 secretary of state to fix the days of meeting, which shall not be later 
 than ten days after such elections, and it shall be the duty of all 
 returning officers to make their returns promptly, so' that the same 
 may be received within the ten days. 
 1901, c. 89, s. 65. 
 
 4359. Abstracts not received, duty of. If the abstracts or re- 
 turns from any county shall not be received at the office of the sec- 
 retary of state, or by the state board of elections, by the third Mon- 
 day after the day of election, the secretary of state is authorized to 
 obtain from the register of deeds, or the county board of elections, 
 at the expense of such county, the original abstracts or returns, or 
 if they have been forwarded, copies of them. 
 
 1901, c. 89, s. 64. 
 
 4360. Estimate votes cast for officers executive department. 
 
 The board of state canvassers shall estimate the votes cast for officers 
 of the executive department from the abstracts forwarded to the 
 secretary of state, and shall publish a statement of the result of such 
 calculation, but this statement shall be for information of the pub- 
 lic only, and shall not have the effect to determine what candidates 
 have been elected to such offices. Their election shall be ascertained 
 and declared according to section three, article three, of the consti- 
 tution. 
 
 1901, c. 89, s. 68. 
 
 4361. To declare result; certificate of election, how issued. 
 
 After the state board of canvassers shall have ascertained and declared 
 the result of the elections as hereinbefore provided, they shall cause 
 the result to be certified to the secretary of state, who shall prepare 
 a certificate for each person elected, and shall sign the same, which 
 certificate he shall deliver to the person elected, when he shall de- 
 mand the same. 
 1901, c. 89, s. 67. 
 
 4362. Secretary of state to record abstracts. The secretary 
 
 of state shall record the abstract or abstracts in a book to be kept by 
 him for recording the result of elections and to be called The Elec- 
 tion Book, and shall also file the abstract or abstracts. 
 1901, c. 89, s. 66. 
 
 26 
 
4363 ELECTIOIsrS— AT//. State Officers. Ch. 90 
 
 XIII. State Officers. - 
 
 4363. How returns published and result declared; how tie bro- 
 ken. The speaker of the house of representatives, in the presence of 
 a majority of the members of both houses of the general assembly, 
 shall open and publish the returns for governor, lieutenant governor, 
 secretary of state, auditor, treasurer, superintendent of public in- 
 struction and attorney general, or other state officers, at tv^elve 
 o'clock, noon, on the first Tuesday after the organization of both 
 houses of the general assembly. And if for any cause there be no 
 returns from any county of the state, or if any return be defective, 
 a proper return shall be had in such manner as the two houses in 
 joint session may direct; and in either case the publication of the 
 result may be postponed to such time as the joint session of the two 
 houses may deem best. The person having the highest number of 
 votes for each office, respectively, shall be declared , duly elected 
 thereto; but if two or more be equal and highest in votes for the 
 same office, then one of them shall be chosen by joint ballot of both 
 houses of the general assembly. Contested elections shall be deter- 
 mined by a joint vote of both houses of the general assembly in the 
 same manner and under the same rules and regulations as prescribed 
 in cases of contested election of members of the general assembly. 
 
 1901, c. 89, s. 44. 
 
 4364. Abstract of votes for, how made. An abstract of the re- 
 turns for state officers shall be made by the clerks of the two houses 
 of the general assembly, showing the number of ballots cast for each 
 candidate, the names of all persons voted for, the offices for which 
 they received such votes, and the number of votes cast for each per- 
 son, and the persons ascertained by the canvass to be elected to the 
 several offices, and said abstract shall be signed by the presiding offi- 
 cers of the two houses and delivered to the secretary of state, who 
 shall record it in the election book kept in his office and then file it. 
 Said abstract shall also be printed in the journals of the two houses*, 
 and in the legislative documents. 
 
 1901, c. 89, 8. 45. 
 
 XIV. CONGKESSMEIT. * 
 
 4365. Members of the senate. The election for members of 
 the United States senate shall be held and conducted according to 
 the provisions of the act of Congress of the twenty-fifth of July, 
 one thousand eight hundred and sixty-six, fourteenth statute at large, 
 chapter two hundred and forty-five, page two hundred and forty- 
 three. 
 
 1901, c. 89, s. 56. 
 
 27 
 
4366 ELECTIOTsTS— X/7. Congressmen. Ch. 90 
 
 4366. Congressional districts. For the purpose of selecting rep- 
 resentatives to the Congress of the United States, the state of North 
 Carolina shall be divided into ten districts, as follows : 
 
 First District — Beaufort, Camden, Chowan, Currituck, Dare, 
 Gates, Hertford,. Hyde, Martin, Pasquotank, Perquimans, Pitt, Tyr- 
 rell and Washington. 
 
 Second District — Bertie, Edgecombe, Greene, Halifax, Lenoir, 
 Northampton, Warren and Wilson. 
 
 Third District — Carteret, Craven, Duplin, Jones, Onslow, Pam- 
 lico, Pender, Sampson and Wayne. 
 
 Fourth District — Chatham, Franklin, Johnston, Nash, Vance and 
 Wake. 
 
 Fifth District — Alamance, Caswell, Durham, Forsyth, Granville, 
 Guilford, Orange, Person, Rockingham and Stokes. 
 
 Sixth District — Bladen, Brunswick, Columbus, Cumberland, 
 Harnett, New Hanover and Robeson. 
 
 Seventh District — ^Anson, Davidson, Davie, Montgomery, Moore, 
 Randolph, Richmond, Scotland, Union and Yadkin. 
 
 Eighth District — Alexander, Alleghany, Ashe, Cabarrus, Cald- 
 well, Iredell, Rowan, Stanly, Surry, Watauga and Wilkes. 
 
 Ninth District — Burke, Catawba, Cleveland, Gaston, Lincoln, 
 Madison, Mecklenburg, Mitchell and Yancey.. 
 
 Tenth District — Buncombe, Cherokee, Clay, Graham, Haywood, 
 Henderson, Jackson, McDowell, Macon, Polk, Rutherford, Swain 
 and Transylvania. 
 
 1901, c. 89, s. 57; 1901, c. 441. 
 
 4367. When held, for representative. The election for members 
 
 of Congress shall be held on the Tuesday next after the first Monday 
 in November, one thousand nine hundred and six, and biennially 
 thereafter, unless Congress shall prescribe a different time for the 
 holding of such elections, and shall be conducted by the officers pro- 
 vided for holding elections of members of the general assembly in 
 this chapter and at the same place. 
 
 1901, c. 89, s. 59. 
 
 Note. See also, s. 4296. 
 
 4368. New apportionment of representatives; how elected. 
 
 Whenever, by a new apportionment of representatives among the 
 several states, the number of representatives in the Congress of the 
 United States from North Carolina shall be either increased or de- 
 creased, and neither the Congress nor the general assembly shall 
 provide for the election of the same, then if the said representatives 
 shall be increased, the increased number shall be elected by the 
 qualified voters of the whole state, and shall be voted for on one 
 
 28 
 
4368 ELECTIOIsrS— Z/y. Congressmen. Ch. 90 
 
 ballot, and the representatives from the several congressional dis- 
 tricts shall be elected by the voters of said districts, respectively, 
 and shall each be voted for on another ballot; but if the number of 
 said representatives shall be decreased as aforesaid, in that event 
 all the representatives in Congress shall be elected by the qualified 
 voters of the whole state and shall be voted for on one ballot. 
 
 1901, c. 89, s. 58. 
 
 4369. Special election for. If at any time after the expiration 
 of any Congress and before another election, or if at any time after 
 an election, there shall be a vacancy in the representation in Con- 
 gress, the governor shall issue a writ of election, and by proclamation 
 shall require the voters to meet in the different townships in their 
 respective counties at such times as may be appointed therein, and 
 at the places established by law, then and there to vote for a repre- 
 sentative in Congress to fill the vacancy; and the election shall be 
 conducted in like manner as regular elections. 
 
 1901, c. 89, s. 60. 
 
 4370. To obtain a certificate. Every person duly elected a rep- 
 resentative to Congress, upon obtaining a certificate of his election 
 from the secretary of state, shall procure from the governor a com- 
 mission, certifying his appointment as a representative of the state, 
 which the governor shall issue on such certificate being produced. 
 
 1901, c. 89, s. 61. 
 
 XV. Presidential Electors. 
 
 4371. How conducted. The election shall be conducted and the 
 returns made as nearly as may be directed in relation to the elec- 
 tion of state officers, except as herein otherwise expressed. 
 
 1901, c. 89, s. 79. 
 
 4372. Names on one ballot. The names of the electors to be 
 chosen shall be written or printed on each ballot, and each ballot 
 shall contain the name of at least one inhabitant of each congres- 
 sional district into which the state may be divided and against the 
 name of each person shall be designated the number of the congres- 
 sional district to which he belongs. 
 
 1901, c. 89, s. 78. 
 
 4373. How returns made. The county board of canvassers shall 
 meet in the courthouse of their respective counties as hereinbefore 
 provided, and shall ascertain and determine, by faithful addition, 
 the number of legal votes for every person who shall have been voted 
 
 29 
 
4373 ELECTIOXS— XF. Presidential Electors. Cli. 90 
 
 for as an elector within the county, and shall certify the same under 
 their hands substantially in the manner and form following, to-wit: 
 
 We, the county canvassers for county, do hereby certify that an elec- 
 tion was held on the day and at the places fixed by law within said county, for 
 electors of president and vice-president of the United States, and that the num- 
 ber of votes hereinafter specified opposite the names of the several persons fol- 
 lowing was given for such persons as electors for the state of North Carolina, of 
 president and A^ce-president of the United States, namely: D, G. F. (here state 
 the number of votes for D. G. F. ) ; for J, M. L. (here state the number of votes 
 for J. M. L., and so on, until the list of persons voted for and the number of votes 
 shall be completed). 
 
 Given under our hands, this .... day of ....,., in the year A. D 
 
 Three fair copies" of such certificate and return shall be made by 
 the board of canvassers under their hands, and one of the same shall 
 be immediately delivered to the chairman of the county board of 
 elections of the county, whose duty it shall be to attend at the 
 meeting of said canvassers, and who shall forthwith make jiroclama- 
 tion and read the same through at the courthouse door ; and the said 
 chairman of the county board of elections shall immediately there- 
 after seal up said copy in an envelope, and transmit the same by 
 mail in a registered letter or otherwise, to the secretary of state at 
 the capitol in Raleigh so that he shall receive the same within twelve 
 days after the day of election; and one of said copies, together with 
 the original precinct returns, shall be delivered to the clerk of the 
 superior court, who shall record the said copy in The Election 
 Book, and file the originals of said copy in his office. And one 
 copy shall be delivered to the register of deeds, to be registered in 
 his office. The clerk of the superior court shall immediately, after 
 the same shall have been delivered to him, send a copy of the certifi- 
 cate of the board of county canvassers, sealed with the seal of his 
 office, to the secretary of state at Baleigh, so that he may receive 
 the same within twelve days after said election. And in case of 
 failing to make such returns within the time herein prescribed, such 
 chairman of the county board of elections, clerk or 'other officer, 
 whose duty it shall be so to do, shall forfeit and pay to the state the 
 sum of ^YQ hundred dollars, to be recovered by the attorney general, 
 in the superior court for the county of Wake. 
 
 1901, c. 89, s. 80. 
 
 4374. How result declared, and proclamation made. The sec- 
 retary of state, within three days after the expiration of the time 
 hereinbefore provided for the delivery to him of said certificate and 
 returns, shall deliver the same to the state board of canvassers, whose 
 duty it shall be to then attend, in the presence of such other persons 
 as may choose to be present, in the hall of the house of representa- 
 tives in the capitol, open the certificate and proceed to canvass the 
 
 30 
 
4374 ELECTIOIsTS— Z7. Presidential Electors. Ch. 90 
 
 same, and ascertain and determine the result: Provided, that if the 
 returns from any county shall not, by that time, have been received 
 by the secretary of state from the chairman of the county board of 
 elections, or clerk of the superior court, or register of deeds, then 
 the board of state canvassers shall order and compel a duplicate 
 return from the clerk of the superior court and the chairman of 
 the county board of elections, or register of deeds, or both, in such 
 manner as they may think best; and for that purpose they may 
 adjourn from day to day, not to exceed ten days. The board of 
 state canvassers in canvassing said returns shall merely add up 
 the returns, as certified by the county board of canvassers, but it 
 shall be their duty to disregard any such apparent clerical error or 
 any such technical informality as may not render it reasonably un- 
 certain who was the person intended to be designated as voted for, 
 and what was the number of votes actually received by any candi- 
 date. At the conclusion of the canvass, the board shall make an 
 abstract of all votes cast, and shall deliver the same to the secretary 
 of state, together with the original returns from the several counties, 
 to be filed in his office. The secretary of state shall copy the said 
 abstracts in The Election Book, directed in this chapter to be kept 
 in his office, and shall, under his hand and seal of his office, cer- 
 tify to the governor the names of as many persons receiving the 
 highest number of votes for electors of president and vice-president 
 of the United States as the state may be entitled to in the electoral 
 college. The governor shall thereupon immediately issue his procla- 
 mation and cause the same to be published in such daily newspapers 
 as may be published in the city of Raleigh, wherein he shall set 
 forth the names of the persons duly elected as electors, and warn each 
 of them to attend at the capitol in the city of Raleigh at noon on 
 the second Monday of January next after his election, at which 
 time the said electors shall meet, and in case of the absence or ineli- 
 gibility of any elector chosen, or if the proper number of electors 
 shall for any cause be deficient, those present shall forthwith elect 
 from the citizens of the state so many persons as will supply the 
 deficiency, and the persons so chosen shall be electors to vote for 
 the president and vice-president of the United States. And the 
 governor shall, on or before the second Monday of January, make 
 out three lists of the names of the said persons so elected and ap- 
 pointed electors, and cause the same to be delivered to them, as di- 
 rected by the act of Congress. 
 1901, c. 89, s. 81. 
 
 4375. Failing to attend and vote for president. Each elector, 
 
 with his own consent previously signified, failing to attend and 
 vote for a president and vice-president of the United States, at the 
 
 31 
 
4375 ELECTIONS— X7. Presidential Electors. Ch. 90 
 
 time and place herein directed (except in case of sickness or other 
 unavoidable accident), shall forfeit and pay to the state five hundred 
 dollars, to be recovered by the attorney general in the superior court 
 of Wake county. 
 1901, c. 89, s. 83. 
 
 XVI. Miscellaneous. 
 
 4376. Power to maintain order. The registrar and judges of 
 election, in each Avard or precinct, the board of county canvassers 
 of each county, and the board of state canvassers shall respectively 
 possess full power and authority to maintain order, and to enforce 
 obedience to their lawful commands during their sessions, respect- 
 ively, and shall be constituted inferior courts for that purpose, and 
 if any person shall refuse to obey the lawful commands of any such 
 registrar or judges of election, or board of county canvassers, or 
 board of state canvassers, or by disorderly conduct in their hearing 
 or presence shall interrupt or disturb their proceedings, they may, 
 by an order in writing, signed by their chairman, and attested by 
 their clerk, commit the person so offending to the common jail of 
 the county for a period not exceeding thirty days, and such order 
 shall be executed by any sheriff or constable to whom the same shall 
 be delivered, or if a sheriff or constable shall not be present, or 
 shall refuse to act, by any other person who shall be deputed by 
 such township or precinct board of elections, or board of county 
 canvassers in writing, and the keeper of such jail shall receive the 
 person so committed and safely keep him for such time as shall be 
 mentioned in the commitment. 
 
 1901, c. 89, s. 72. 
 
 4377. Judges, solicitors, commissioned by governor; when term 
 
 begins. Justices of the supreme court, judges of the superior court, 
 and solicitors shall be commissioned by the governor, and their terms 
 of office shall begin on the first day of January next succeeding their 
 election. An election for officers, whose terms shall be about to 
 expire, shall always be held at the general election next preceding 
 the expiration of their terms of 'office. 
 
 1901, c. 89, s. 69. 
 
 4378. Sheriff to give receipt for poll tax. Every sheriff or tax 
 
 collector, upon payment of the poll tax, shall issue to the person pay- 
 ing the same a certificate showing the amount of such poll tax and 
 the true date upon which the same was paid. 
 1901, c. 89, s. 13. 
 
 4379. When entitled to duplicate. Any person having paid his 
 poll tax as required by law, and having lost his tax receipt, shall, upon 
 
 32 
 
4379 ELECTI0:N^S— X7/. Miscellaneous. Ch. 90 
 
 making affidavit of such loss and satisfactory proof of his identit;^^^ 
 be entitled to a duplicate thereof from the sheriff or tax collector. 
 
 1901, c. 89, s. 13. 
 
 4380. Sheriff to certify list of taxpayers to clerk, who certifies 
 
 to board of elections, it shall be the duty of every sheriff and tax 
 collector, between the first and tenth days of May of each year in 
 which a general election occurs, to certify under oath a true and cor- 
 rect list of all persons who have paid their poll tax for the previous 
 year on or before the first day of May, to the clerk of the superior 
 court, who shall, within ten days, record the same in a book to be 
 provided for that purpose, keeping each township separate, and 
 certify a true copy thereof to the chairman of the board of elections 
 for such county. 
 1901, c. 89, s. 13. 
 
 4381. Bailiffs may be appointed. The registrar aiid judges of 
 election may appoint one or more bailiffs for each precinct or ward 
 to be present during the election to keep peace and protect the voting 
 place, and to prevent improper intrusion upon the voting place, or 
 interfering with the election, and to arrest all persons creating any 
 disturbance about the voting place, and to enable all persons who 
 have not voted and who desire to vote, to have unobstructed access 
 to the polls for the purpose of voting when others are not voting, 
 and to keep clear the open space hereinbefore provided at all times 
 during the election. It shall be the duty of the election bailiffs to 
 be present at the voting place, and to take such steps as will accom- 
 plish the object of their appointment and they shall have full power 
 to do so; and they may summon to their aid all^persons present at 
 the voting place, and may arrest offenders against this section, who 
 shall have the privilege of giving bail. And for the purposes of 
 carrying out the powers herein conferred upon them, the registrar 
 and judges of election shall be and are hereby constituted conserva- 
 tors of the peace. Every person offending against this section shall 
 be guilty of a misdemeanor, and upon conviction shall be fined or 
 imprisoned at the discretion of the court. 
 
 1901, c. 89, s. 26. 
 
 4382. Penalty for refusing copy of poll books. Any officer who 
 
 shall refuse to permit any candidate, or person qualified to vote, at 
 his own expense, to have a copy of the poll books, shall forfeit and 
 pay two hundred dollars, one-half to the person who shall sue for the 
 same, and the other half to the use of the state. Such copy need 
 not be given if the making interferes wath the duty of the holder of 
 the books. 
 
 1901, c. 89, s. 83. 
 
 .3 33 
 
4383 ELECTIOISrS— ZFI. Miscellaneous. Ch. 90 
 
 4383. Forms for returns sent to proper officers by secretary 
 
 of state. The secretary of state shall cause proper forms of returns 
 to be prepared and printed, and send copies thereof, with plain di- 
 rections as to the manner of endorsing, directing and transmitting 
 the same to the seat of government, to all of the returning officers 
 of the state, at least thirty days before the time for holding any 
 election. He shall also furnish to the register of deeds of each 
 county all such printed blanks as may be necessary for making the 
 county returns. 
 1901, fe. 89, s. 43. 
 
 Note. For crimes in elections, see Crimes, Volume I. 
 
 [Revisal of 1905, Chapter 81, "Crimes."] 
 
 X. ELECTIONS. 
 
 3384. Betting on. If any person shall bet or wager any money 
 or other thing of value upon any election held in this state he shall 
 be guilty of a misdemeanor. 
 
 1901, c. 89, s. 55. 
 
 3385. Breaking up; disturbing officers. If any person by force 
 
 and violence shall break up or stay any election, by assaulting the 
 officers thereof, or depriving them of the ballot-boxes, or by any 
 other means, he and his aiders and abettors shall be guilty of a mis- 
 demeanor and imprisoned not more than three months, and shall pay 
 such fine as the court shall adjudge, not exceeding one hundred dol- 
 lars. If any person shall interrupt or disturb the registrar while 
 actually engaged in the registration of voters, or the registrar or 
 judges of election while engaged in holding the election, or in count- 
 ing and adding up the result thereof; or the board of county can- 
 vassers, or the state board of canvassers, while engaged in the dis- 
 charge of their official duties, or behave in a disorderly or boisterous 
 manner in the presence of said officers while so engaged in the dis- 
 cliarge of their official duties, or obstruct such officers in the legal 
 discharge of the duties of their several positions, he shall be guilty 
 of a misdemeanor, and upon conviction shall be fined not more than 
 fifty dollars or imprisoned not more than thirty days. 
 1901, c. 89, s. 51. 
 
 34 
 
3386 CKIMES— Z. Elections. Ch. 81 
 
 3386. Bribery of voters. If any person shall at any time before 
 or after an election, give or promise to give any money, property, or 
 reward to any elector in order to secure his vote, he shall be guilty 
 of a misdemeanor; and any person who shall receive or agree to 
 receive any such bribe shall also be guilty of a misdemeanor. 
 
 1901, c. 89, s. 54. 
 
 3387. Discharging employee on account of vote. If any person 
 
 shall discharge from employment, or otherwise injure, threaten, op- 
 press or attempt to intimidate any qualified voter of this state because 
 of the vote such voter may or may not have cast in any election, he 
 shall be guilty of a misdemeanor. 
 
 1901, c. 89, s. 53. 
 
 3388. Felon voting. If any person be challenged as being con- 
 victed of any crime which excludes him from the right of suffrage, 
 he shall be required to answer any question in relation to such 
 alleged conviction; but his answer to such questions shall not be 
 used against him in any criminal prosecution, but if any person so 
 convicted shall vote at the election, without having been restored 
 to the right of citizenship, he shall be gi^iilty of a felony and pun- 
 ished by a fine not exceeding one thousand dollars, or imprisoned in 
 the state's prison not exceeding two years, or both. 
 
 1901, c. 89, s. 71. 
 
 3389. Liquor, giving away or selling at. If any person shall 
 
 give away or shall sell any intoxicating liquor, except for medical 
 purposes and upon the prescription of a practicing physician, at 
 any place within five miles of the polling place, at any time within 
 twelve hours next preceding or succeeding any public election, 
 whether general, local or municipal, or during the holding thereof, 
 he shall be guilty of a misdemeanor, and fined not less than one hun- 
 dred nor more than one thousand dollars. 
 
 1901, c. 89, s. 76; 1905, c. 531. 
 
 3390. Oath, corruptly taking. If any person shall corruptly take 
 the oath prescribed for voters, he shall be guilty of perjury, and be 
 fined not less than five hundred dollars nor more than one thousand 
 dollars, and be imprisoned in the state's prison not less than two 
 nor more than five years. 
 
 1901, c. 89, s. 49. 
 
 3391. Officer failing to discharge duty. If any chairman of the 
 
 county board of elections, or other returning ofiicer whatever, shall 
 wilfully, or of malice, neglect to perform any duty, act, matter or 
 thing required or directed in the time, manner and form in which 
 
 35 
 
3391 CEIMES— X Elections. Cli. 81 
 
 such duty, act, manner or thing is required to be performed in rela- 
 tion to the election, and returns thereof, of the governor, representa- 
 tives in Congress, of justices of the supreme court, of judges of the 
 superior court, of solicitors, or of electors for president and vice- 
 president of the United States, or other officers, the person so offend- 
 ing shall be gaiilty of a felony, and fined not less than one thousand 
 nor more than five thousand dollars, and be imprisoned not less 
 than one nor more than three years. 
 1901, c. 89, s. 47. 
 
 3392. Permanent registration; taking false oath. If any per- 
 son shall knowingly register under the permanent registration law 
 who is not qualified within the meaning of said law, and article six, 
 section four, of the constitution, or if any person shall knowingly 
 take any false oath in registering under the same, he shall be guilty 
 of a misdemeanor, and upon conviction shall be fined not more than 
 one thousand dollars or imprisoned not more than five years. 
 
 1901, c. 550, s. 12. 
 
 3393. Permanent registration, officer failing to discharge duty. 
 
 If any officer charged with any duty under the permanent registra- 
 tion law wilfully fails and neglects to perform the same, he shall 
 be guilty of a misdemeanor, and upon conviction shall forfeit his 
 office and be fined not more than one thousand dollars or imprisoned 
 not more than five years. 
 1901, c. 550, s. 11. 
 
 3394. Registering or voting at more than one box. If any per- 
 son shall, with intent to commit a fraud, register or vote at more 
 than one box or more than one time, or shall induce another to do 
 so, or if any person shall illegally vote at any election, he shall be 
 guilty of a felony and be imprisoned in the state's prison not less 
 than six nor more than twelve months, or fined not less than one 
 hundred nor more than fiYe hundred dollars, at the discretion of 
 the court, and if any registrar of voters, or any clerk or copyist, 
 shall make any entry or copy with intent to commit a fraud, he 
 shall be guilty of a like ofl:'ense. 
 
 1901, c. 89, s. 48. 
 
 3395. Registering unlawfully. If any person shall cause or pro- 
 cure his name to be registered in more than one election Avard or 
 precinct, or shall cause or procure his name, or that of any other 
 person, to be registered, who is not entitled to vote in the ward or 
 election precinct wherein such registration is made, or shall falsely 
 personate any registered voter, he shall be guilty of a felony, and 
 shall be punished for every such offense by a fine not exceeding one 
 
 36 
 
3395 CRIMES— Z. Elections. Ch. 81 
 
 thousand dollars, or imprisoned in the state's prison not exceeding 
 two yearSj or both, in the discretion of the court. 
 1901, c. 89, s. 70. 
 
 3396. Returns, failure to make. If any registrar or judge of 
 election, or any county canvasser or commissioner, register of deeds, 
 clerk or chairman of county board of elections shall fail to make the 
 returns and perform the duties required of him, he shall be fined 
 not less than five hundred dollars, or imprisoned not more than six 
 months nor less than two months, at the discretion of the court. 
 
 1901, c. 89, s. 46. 
 
 3397. Returns, making false. If any person shall make, or cer- 
 tify, or deliver, or transmit a false return of an election held in 
 this state, or make any erasure or alteration in the poll books, he 
 shall be guilty of a felony and imprisoned in the state's prison not 
 less than one year, and shall, in addition, forfeit and pay five hun- 
 dred dollars, one-half to the use of the person who shall sue for the 
 same, and the other half to the use of the state. 
 
 1901, c. 89, s. 83. 
 
 3398. Returns, copy of; refusal. If any register of deeds or 
 clerk of the superior court shall refuse to make and give to any per- 
 son a duly certified copy of the returns of any election, or of a tabu- 
 lated statement of any election, the returns of which are by law 
 deposited in his ofiice, upon the tender of the fees therefor, he shall 
 be guilty of a misdemeanor, and upon conviction dismissed from 
 ofiice and imprisoned for one year. 
 
 1901, c. 89, s. 83. -^ 
 
 3399. Removal, officer acting after. If any member of the 
 
 county board of elections, or any registrar or judge of election, after 
 having been removed as provided by law, and notified thereof, shall 
 continue to exercise the duties of the position from which he has 
 been removed, he shall be guilty of a misdemeanor, and upon con- 
 viction shall be fined or imprisoned at the discretion of the court. 
 1901, c. 89, s. 10. 
 
 3400. Taxes, sheriff to furnish list of. If any sheriff or tax col- 
 lector shall fail, between the first day of May and the tenth day of 
 May of any year in which a general election occurs, to certify to the 
 clerk of the superior court of his county a list of all persons who 
 have paid their poll tax for the previous year, he shall be guilty of a 
 misdemeanor. 
 
 1901, c. 89, s. 13. 
 
 37 
 
3401 CKIMES— X Elections. Ch. 81 
 
 3401. Taxation, false certificate of exemption from. If any 
 
 person shall wilfully and knowingly present to any election officer 
 any false certificate of exemption from taxation lie shall be guilty 
 of forgery. 
 
 1901, c. 89, s. 13. 
 
 3402. Tax receipt given without payment. If any tax collector 
 
 or sheriff shall wilfully fail to give a tax receipt to any person pay- 
 ing his poll tax, or shall falsely date any tax receipt or duplicate 
 thereof, he shall be guilty of a misdemeanor, and punished in the 
 discretion of the court. 
 
 1901, c. 89, s. 13. 
 
 MISCELLANEOUS SECTIONS. 
 
 Quo Warranto. 
 
 826. Writs of sci. fa. and quo warranto abolished. The writ of 
 
 scire facias, the writ of quo warranto, and proceedings by informa- 
 tion in the nature of quo warranto, are abolished ; and the remedies 
 obtainable in those forms may be obtained by civil actions under this 
 subchapter. 
 
 Code, s. 603 ; C. C. P., s. 362 ; R. C, c. 26, ss. 5, 25. 
 
 827. Action by attorney general upon usurpation or forfeiture 
 
 of office. An action may be brought by the attorney general in the 
 name of the state, upon his own information, or upon the complaint 
 of any private party, against the parties offending, in the following 
 cases : 
 
 1. When any person shall usurp, intrude into, or unlawfully hold 
 or exercise any public office, civil or military, or any franchise within 
 this state, or any office in a corporation created by the authority of 
 this state ; or, 
 
 2. When any public officer, civil or military, shall have done or 
 suffered an act which, by law, shall make a forfeiture of his office. 
 
 Code, s. 607; C. C. P., s. 366. 
 
 Note. For right of attorney general to institute actions for the forfeiture of 
 corporate charters and the like, see s. 1198. 
 
 For right to institute action to forfeit grants, see s. 1750. 
 
 828. Leave granted by attorney general to private person, 
 
 when. When application shall be made to the attorney general by a 
 private relator to bring such an action, he shall grant the leave that 
 the same may be brought in the name of the state, upon the relation 
 of such applicant, upon such applicant tendering to the attorney 
 
 38 
 
QUO WAKEANTO. 
 
 general satisfactory security to indemnify the state against all costs 
 
 and expenses which may accrue in consequence of the bringing of 
 
 such action. 
 
 Code, s. 608 ; 1874-5, c. 76 ; 1881, c. 330. 
 
 Note. For costs in such action, see s. 1261. 
 
 For leave in actions relating to corporations, see s. 1196. 
 
 829. Solvent sureties required. The attorney general, before 
 granting leave to a private relator to bring a suit to try the title to 
 an office, may require two sureties to the bond required by law to be 
 filed to indemnify the state against costs and expenses, and require 
 such sureties to justify, and may require such proof and evidence of 
 the solvency of said sureties as may be satisfactory to him. 
 
 1901, c. 595, s. 2. 
 
 830. Leave withdrawn, action dismissed, bond Insufficient. 
 
 When the attorney general shall have granted leave to a private rela- 
 tor to bring an action in the name of the state to try -the title to an 
 office, and it shall afterwards be shown to the satisfaction of the 
 attorney general that the bond filed by such private relator is insuffi- 
 cient, or that the securities thereto are insolvent, the attorney general 
 may recall and revoke such leave theretofore granted, and upon a 
 certificate of the withdrawal and revocation by the attorney general 
 to the clerk of the court of the county where any such action is pend- 
 ing, it shall be the duty of the judge presiding, upon motion of the 
 defendant, to dismiss the action. 
 1891, c. 595. 
 
 831. Arrest and bail of defendant usurping office. Whenever 
 
 such action shall be brought against a person for usurping an office, 
 the attorney general, in addition to the statement of the cause of 
 action, may also set forth in the complaint the name of the person 
 rightfully entitled to the office, with a statement of his right thereto ; 
 and in such case, upon proof by affidavit that the defendant has 
 received fees or emoluments belonging to the office, and by means of 
 his usurpation thereof, an order shall be granted by a judge of the 
 superior court for the arrest of such defendant, and holding him to 
 bail ; and thereupon he shall be arrested and held to bail in the man- 
 ner, and with the same effect, and subject to the same rights and 
 liabilities, as in other civil actions where the defendant is subject to 
 arrest. 
 
 Code, s. 609 ; C. C. P., s. 369 ; 1883, c. 102. 
 
 832. Claim of several persons to office tried In one action. 
 
 Where several persons claim to be entitled to the same office or fran- 
 chise, one action may be brought against all such persons, in order 
 to try their respective rights to such office or franchise. 
 Code, s. 614 ; C. C. P., s. 374. 
 
 39 
 
QUO WARRAXTO. 
 
 833. Trials expedited. All actions to try the title or right to any 
 office, state, county or municipal, shall stand for trial at the return 
 term of the summons, if a copy of the complaint shall have been 
 served with the summons, at least thirty days before the return day 
 thereof; and it shall be the duty of the judges to expedite the trial 
 of such actions, and to give them precedence over all other actions, 
 civil or criminal. But it shall be unlawful to appropriate any public 
 funds to the payment of counsel fees in any such action. 
 
 Code, s. 616 ; 1901, c. 42 ; 1874-5, c. 173. 
 
 834. Action brought within ninety days after induction into 
 
 office. All actions brought by a private relator, upon the leave of 
 the attorney general, to try the title to an office shall be brought, 
 and a copy of the complaint served on the defendant, within ninety 
 days after the induction of the defendant into the office to which the 
 title is sought to be tried ; and when it shall appear from the papers 
 in the cause, or otherwise be shown to the satisfaction of the court 
 that the summons and complaint have not been served within ninety 
 days, it shall be the duty of the judge upon motion of defendant 
 to dismiss the action at any time before the trial at the cost of the 
 plaintiff. 
 
 1901, c. 519 ; 1903, e. 556. 
 
 835. Defendant's undertaking before answer. Before the de- 
 fendant is permitted to answer or demur to the complaint he shall 
 execute and file in the superior court clerk's office of the county 
 wherein the suit is pending, an undertaking, with good and suffi- 
 cient surety, in the sum of two hundred dollars, w^hich may be 
 increased from time to time, in the discretion of the judge, to be 
 void upon condition that the defendant shall pay to the plaintiff all 
 such costs and damages, including damages for the loss of such fees 
 and emoluments as may or ought to have come into the hands of the 
 defendant, as the plaintiff may recover. 
 
 1895, c. 105. 
 
 836. Possession of office not disturbed pending hearing. In any 
 
 civil action pending in any of the courts of this state wherein the 
 title to any office is involved, the defendant being in the -possession 
 of said office and discharging the duties thereof, shall continue therein 
 pending such action, and no judge shall make any restraining order 
 interfering with or enjoining such officer in the premises ; and such 
 officer shall, notwithstanding any such order, continue to exercise the 
 duties of such office pending such litigation, and receive the emolu- 
 ments thereof. 
 1899, c. 33. 
 
 837. Judgment by default and inquiry for failure of defendant 
 
 to give bond. At any time after a duly verified complaint is filed 
 
 40 
 
QUO WARRANTO. 
 
 alleging facts sufficient to entitle plaintiff to the office, whether such 
 complaint is filed at the beginning of the action or later, the plain- 
 tiff may, upon ten days' notice to the defendant or his attorney of 
 record, move before the resident judge or the judge riding the district 
 at chambers, to require the defendant to give said undertaking; and 
 it shall be the duty of the judge to require the defendant to give such 
 undertaking within ten days, and if the undertaking shall not be so 
 given, the judge shall render judgment in favor of plaintiff and 
 against defendant for the recovery of the office and the costs, and a 
 judgment by default and inquiry to be executed at term for damages, 
 including loss of fees and salary. Upon the filing of said judgment 
 for the recovery of such office with the clerk, it shall be the duty 
 of the clerk to issue and the sheriff to serve the necessary process to 
 put plaintiff into possession of the office. In case defendant shall 
 give the undertaking, the court, if judgment is rendered for plain- 
 tiff, shall render judgment against the defendant and his sureties 
 for costs and damages, including loss of fees and salary: Provided, 
 that nothing herein shall prevent the judge's extending, for cause, 
 the time in which to give the undertaking. 
 1899, c. 49 ; 1895, c. 105, s. 2. 
 
 838. Service of summons and complaint. The service of the 
 
 summons and complaint as herein before provided may be made by 
 leaving a copy thereof at the last residence or business office of the 
 defendant or defendants, and the same shall be held and deemed a 
 legal service of the said summons and complaint. 
 1899, c. 12G. 
 
 839. Judgment in such actions. In every such case judgment shall 
 be rendered upon the right of the defendant, and also upon the right 
 of the party so alleged to be entitled, or only upon the right of the 
 defendant, as justice shall require. 
 
 Code, s. 610 ; C. C. P., s. 370. 
 
 840. Judgment for usurping office or franciiise; fine. When the 
 
 defendant, whether a natural person or a corporation, against whom 
 such action shall have been brought, shall be adjudged guilty of 
 usurping or intruding into, or unlawfully holding or exercising any 
 office, franchise or privilege, judgment shall be rendered that such 
 defendant be exclucled from such office, franchise or privilege, and 
 also that the plaintiff recover costs against such defendant. The 
 court may also, in its discretion, fine such defendant a sum not 
 exceeding two thousand dollars. 
 
 Code, s. 615 ; R. C, c. 95 : C. C. P., s. 375; Const, Art. IX, s. 5. 
 
 841. IVIandamUS to aid relator, when. Whenever in any civil 
 action brought to try the title or right to hold any office, the judg- 
 
 41 
 
QUO WAEEAISFTO. 
 
 ment of the court shall be in favor of the relator in such action, it 
 shall be the duty of the court to issue a writ of mandamus or such 
 other process as may be necessary and proper to carry such judg- 
 ment into effect, and to induct the party so entitled into such office. 
 1885, c. 406, s. 1. 
 
 842. On appeal, occupant of office to give bond for fees, iso 
 
 appeal by the defendant from the judgment of the superior court in 
 such action to the supreme court shall stay the execution of the judg- 
 ment, unless a justified undertaking be executed on the part of the 
 appellant by one or more sureties, in a sum to be fixed by the court, 
 conditioned that the appellant will pay to the party entitled to the 
 same the salary, fees, emoluments and all moneys whatsoever received 
 by such appellant by virtue or under color of his said office: Pro- 
 vided, that in no event shall said judgment be executed pending said 
 appeal, unless a justified undertaking be executed on the part of the 
 appellee by one or more persons in a sum to be fixed by the court, 
 conditioned that the appellee will pay to the party entitled to the same 
 the salary, fees, emoluments and all moneys whatsoever received by 
 the appellee by virtue or under color of his said office during his 
 occupancy thereof. 
 1885, c. 406, s. 2. 
 
 843. Relator Inducted into office, when. If the judgment be 
 
 rendered upon the right of the person so alleged to be entitled, and 
 the same be in favor of such person, he shall be entitled, after taking 
 the oath of office, and executing such official bond as may be required 
 by law, to take upon himself the execution of the office ; and it shall 
 be his duty, immediately thereafter, to demand of the defendant in 
 the action all the books and papers in his custody, or within his 
 power, belonging to the office from which he shall have been excluded. 
 Code, s. 611 ; C. C. P., s. 371. 
 
 844. Damages by usurpation recovered. If judgment be ren- 
 dered upon the right of the person so alleged to be entitled, in favor 
 of such person, he may recover by action the damages which he 
 shall have sustained by reason of the usurpation by the defendant of 
 the office from which such defendant has been excluded. 
 
 Code, s. 613 ; C. C. P., s. 373. 
 
 845. Action to recover forfeited property for state. Whenever 
 
 any property, real or personal, shall be forfeited to the state, or to 
 any officer for its use, an action for the recovery of such property, 
 alleging the grounds of the forfeiture, may be brought by the proper 
 officer in any superior court. 
 Code, s. 621 ; C. C. P., s. 381. 
 
 42 
 
CLEKK OF SUPERIOK COUKT, ETC. 
 
 Clerk of Superior Court. 
 
 890. How elected; term of office. A clerk of the superior court 
 for each county shall be elected by the qualified voters thereof, at the 
 time and in the manner prescribed by law for the election of mem- 
 bers of the general assembly. Clerks of the superior court shall hold 
 office for four years. 
 
 Const, Art. IV, ss. 16, 17. 
 
 COT^STABLE. 
 
 933. How elected. In each township there shall be a constable, 
 elected by the voters thereof, who shall hold his office for two years. 
 Const., Art. IV, s. 24. 
 
 Coroner. 
 
 1047. How elected; clerk appoints for special cases. In each 
 
 county a ^" '^ "^ coroner shall be elected by the qualified voters 
 thereof, as is prescribed for members of the general assembly, and 
 shall hold their offices (his office) for two years. * * ^ When 
 there is no coroner in a county, the clerk of the superior court for 
 the county may appoint one for special cases. 
 
 Const, Art. IV, s. 24. (In case of a vacancy the county commissioners 
 appoint s. 1321.) 
 
 Corporation Commission. 
 
 1055. Number of commissioners. The court shall consist of three 
 commissioners, who shall be elected by the qualified voters of the 
 state, in the same manner as other state officers are elected. The 
 court shall organize by the election of one of the commissioners as 
 chairman. -— 
 
 1899, c. 164, s. 1. 
 
 County Commissioners — Election oe. 
 
 1311. By qualified voters; number. There shall be elected in 
 each county of the state, except those mentioned in section one thou- 
 sand three hundred and twelve, at the general election to be held in 
 the year one thousand eight hundred and ninety-six, and every two 
 years thereafter, by the duly qualified electors thereof, three persons 
 to be chosen from the body of the county, who shall be styled ^^the 
 
 board of commissioners for the county of " and shall hold 
 
 their office for two years from date of their qualification and until 
 their successors shall be elected and qualified. Provided, the num- 
 ber of commissioners shall be &ve instead of three in the counties 
 of Alamance, Bertie, Buncombe, Cabarrus, Carteret, Catawba, Co- 
 lumbus, Craven, Cumberland, Durham, Edgecombe, Franklin, Gran- 
 ville, Guilford, Halifax, Hertford, Johnston, Lenoir, Lincoln, Meck- 
 
 43 
 
COUXTY COMMISSIOXERS. 
 
 lenburg, 'New Hanover, ISTorthampton, Pasquotank, Perquimans, 
 Richmond, Robeson, Rockingham, Rowan, Wake, Warren and 
 Wayne ; and in the county of Beaufort seven. In the county of Gas- 
 ton six, one of whom must be a resident of Dallas township, one a 
 resident of Gastonia towTiship, one a resident of River Bend township, 
 one a resident of South Point to^\Tiship, one a resident of Crow^der's 
 Mountain township and one a resident of Cherryville township. If 
 at any time said board of commissioners for the county of Gaston 
 shall be equally divided upon any question pending before them and 
 there shall be a tie vote, then and in that event the clerk of said board 
 is authorized and empowered to cast the deciding vote and to deter- 
 mine such question. 
 
 1895, c. 135, s. 4; 1899, cc. 103, 147, 153, 187, 297. 301, 346, 450, 467, 609; 1901, 
 cc. 14, 60, 328, 330, 581; 1903, cc. 4, 7, 14, 36, 46, 59, 137, 203, 206, 207, 228, 265, 
 446, 515, 790; 1905, cc 58, 73, 148, 338, 346, 397, 553. 
 
 1312. By justices of peace. The justices of the peace for Vance 
 county, on the first Monday in June, one thousand eight hundred 
 and eighty-four (and for Montgomery county on the first Monday in 
 June, one thousand nine hundred and five) and on the first Monday 
 in June every, two years thereafter, shall assemble at the courthouse 
 of their respective counties, and a majority being present, shall pro- 
 ceed to the election of not less than three nor more than five persons, 
 to be chosen from the body of the county, excluding the justices them- 
 selves, who shall be styled "the board of commissioners for the county 
 
 of ,. .," and shall hold their offices for tw^o years from the date 
 
 of their qualification, and until their successors shall be elected and 
 qualified. 
 
 Code, s. 716; 1899, c. 488; 1887, c. 307; 1903, cc. 191, 207, 790; 1876-7, 
 c. 141, s. 5 ; 1905, cc. 37, 44, 58, 73, 148, 340, 422. 
 
 Couis'TY Commissioners — Powers and Duties. 
 
 1318. Powers given board. The board of commissioners of the 
 several counties shall have power — 
 
 3. TO SUBMIT PROPOSITIONS TO CONTRACT DEBT TO A VOTE OF 
 
 ELECTORS. 
 
 To submit to a vote of the qualified electors in the county, after 
 having obtained the approval of the general assembly, any proposi- 
 tion to contract a debt, or loan the credit of the county, under section 
 seven, article seven, of the constitution; to order the time for voting 
 upon such proposition, which shall be upon public notice thereof 
 at one or more places in each township in the county, and publica- 
 tion in one or more county newspapers, if there be any, for three 
 
 44 
 
JUSTICES OF THE PEACE, ETC. 
 
 months next immediately preceding the time fixed on; and such 
 election shall take place and be conducted under the laws as pre- 
 scribed for the election of members of the general assembly ; and the 
 commissioners shall provide for giving effect, in case of the adoption 
 of the proposition, to the expressed will of a majority of the qualified 
 voters in such election. 
 
 Justices of the Peace. 
 
 1409. When and how justices elected. At every general election 
 held for members of the general assembly, there shall be elected in 
 each township (except those in the counties of Bertie, Caswell, 
 Chowan, Forsyth, Granville, Harnett, Montgomery and Vance, in 
 which counties justices of the peace shall be elected by the gen- 
 eral assembly), three justices of the peace, and for each township 
 in which any city or incorporated town is situated, one justice 
 of the peace for every one thousand inhabitants in 'such town or 
 city (except in the city of Wilmington, where the number shall be 
 twenty-five), who shall hold their offices for two years, except that in 
 the county of Edgecombe there shall be elected one justice of the peace 
 for each and every one hundred duly qualified electors in each town- 
 ship, and for every fraction of one hundred over fifty. 
 
 1895, c. 157, s. 4; 1899, c. 392; 1903, cc. 191, 207, 790; 1876-7, c. 141; Code, 
 s. 819; 1905, cc. 37, 44, 73, s. 2; 1905, c. 148, s. 2; 1905, c. 447. 
 
 Note. For special provision as to time of election in Washington county, see 
 1905, c. 148, s. 2. 
 
 Stock Law. 
 
 1672. County elections. Upon the written application of one- 
 fifth of the qualified voters of any county made to the board of com- 
 missioners thereof, it shall be the duty of said commissioners from 
 time to time to submit the question of ^^stock law" or '^no stock 
 law" to the qualified voters of said county. And if at any such elec- 
 tion a majority of the votes cast shall be in favor of said stock law, 
 then the provisions of this chapter relating to the stock law shall be 
 in force over the whole of said county. 
 
 Code, s. 2812. 
 
 1673. Township elections. Upon the written application of one- 
 fifth of the qualified voters in any township, made to the board of 
 commissioners of the county wherein said township is situated, it 
 shall be the duty of said commissioners to submit the question of 
 "stock law" or "no stock law" to the qualified voters of said town- 
 ship; and if at any such township election a majority of the votes 
 cast shall be in favor of "stock law," then the said stock law shall 
 be in force in said township. 
 
 Code, s. 2813. 
 
 45 
 
STOCK LAW. 
 
 1674. District elections. Upon the written application of one- 
 fifth of the qualified voters of any district or territory, whether the 
 boundaries of said district follow township lines or not, made to the 
 board of county commissioners at any time, and setting forth well- 
 defined boundaries of said district, it shall be the duty of the said 
 commissioners to submit the question of '^stock law'' or "no stock 
 law" to the qualified voters of said district, and if at any such elec- 
 tion a majority of the votes cast shall be in favor of "stock law," then 
 the said stock law shall be in force over the whole of said district. 
 
 Code, s. 2814. 
 
 1675. Persons within territory allowed to withdraw. Upon the 
 
 written application of a majority of the qualified voters in any dis- 
 trict, territory or well-defined boundary, made to the board of county 
 commissioners, at any time, setting forth that the citizens of said 
 district, territory or boundary are within the stock law boundary, 
 and are desirous of being released from the laws governing said stock 
 law territory, it shall be the duty of said commissioners to submit 
 the question of "no stock law" or "stock law" to the qualified voters 
 of said district or territory, and if at any such election a majority 
 of the votes cast shall be against stock law, then the said district or 
 territory shall be released and free from the operation of the stock 
 law: Provided, the expense incurred in changing the fence in such 
 boundary, district or territory so released be paid by the property 
 holders in such boundary, district or territory, and that the commis- 
 sioners of the county levy the tax to pay the same on the property 
 holders of such boundary, district or territory so released, but they 
 shall not be further liable for keeping up said stock law fence: Pro- 
 vided, that in any territory where stock law now prevails no election 
 against stock law shall be held in less than two years from the date 
 of the election adopting stock law in said territory: Provided fur- 
 ther, that if "no stock law" should carry, it shall not take effect 
 until six months from the date of its ratification : Provided still fur- 
 ther, that neither "stock law" or "no stock law" shall take effect 
 during crop season. This section shall apply only to the counties of 
 Jackson, Graham, Swain, Clay, Macon, Cherokee and Randolph. 
 
 1895. c. 35; 1897, cc. 461, 516; 1903, c. 60. 
 
 1676. Elections, how held. Every election under this chapter 
 shall be held and conducted under the same rules and regulations and 
 according to the same penalties provided by law for the election of 
 members of the general assembly: Provided, no such county, town- 
 ship or district election shall be held oftener than once in any one 
 year, although the boundaries of such district may not be the same. 
 
 Code, s. 2815. 
 
 46 
 
LOCAL OPTION ELECTIOISrS. 
 
 1677. Powers and duties of commissioners. The board of com- 
 missioners of the county may provide for a new registration of 
 voters, designate places for holding elections, and make all regula- 
 tions, and do all other things necessary to carry into effect the pro- 
 visions of this chapter relating to the stock law. 
 
 Code, s. 2826. 
 
 Local Option Elections. 
 
 2069. When ordered, what submitted. It shall be the duty of 
 
 the governing body of any city or town, upon the petition of one- 
 third of the registered voters therein, who were registered for the 
 preceding municipal election, to order an election to be held, after 
 thirty days' notice, in any year in which the petition may be jS.led, 
 except within ninety days of any city, county or general election, in 
 time for the notice to be given as above required, to determine — 
 (1) Whether intoxicating liquors shall be manufactured in such city 
 or town; (2) whether barrooms or saloons shall be established in 
 such city or town; (3) whether dispensaries shall be established in 
 such city or town. And any such election may be ordered to deter- 
 mine any one or two or all of such questions, as the petitioners may 
 designate in their petition. 'No such election shall be held oftener 
 than once in two years. 
 1903, c. 233, s. 7. 
 
 2070. How conducted. Whenever such election shall be held, 
 it shall be conducted and held under the provisions of law regulating 
 municipal elections. 
 
 1903, c. 233, s. 8. 
 
 2071. Boxes provided, what tickets voted. Whenever the gov- 
 
 -erning body of any city or town shall order any such election, they 
 shall provide one box to determine the question of manufacture of 
 liquors, if such question is to be voted upon ; one box to determine 
 the sale by saloons, if such question is to be voted upon; and one 
 box to determine the sale by dispensaries if such question is to be 
 voted upon. Any person entitled to vote for members of the general 
 assembly shall have the right to vote at such elections in all the boxes 
 provided, and every such voter who is in favor of the manufacture of 
 intoxicating liquors shall vote a ticket on which shall be written or 
 printed the words ^Tor Distilleries,'' and all opposed to the manufac- 
 ture of intoxicating liquors shall vote a ticket on which shall be writ- 
 ten or printed the words "Against Distilleries" ; and every such voter 
 who is in favor of barrooms or saloons shall vote a ticket on which 
 shall be written or printed the words "For Saloons," and all opposed 
 to them shall vote a ticket on which shall be written or printed the 
 w^ords "Against Saloons;" and every such voter who is in favor of 
 
 47 
 
LOCAL OPTIOX ELECTIOXS. 
 
 dispensaries shall vote a ticket on which shall be written or printed 
 the words "For Dispensaries/' and all opposed to them shall vote a 
 ticket on which shall be written or printed the words "Against Dis- 
 pensaries.'' Such tickets shall be of white paper and without device. 
 1903, c. 233, s. 9. 
 
 2072. Distilleries, when allowed. If a majority of the votes 
 cast in any such election shall be "iigainst Distilleries," when that 
 question is voted upon, then it shall be unlawful for any person to 
 manufacture any intoxicating liquors in such city or town until 
 another election shall be held reversing such election. But if a 
 majority of the votes cast in any such election in any city or town 
 shall be "Tor Distilleries," then it shall be lawful to manufacture 
 and sell at wholesale intoxicating liquors in such city or town. This 
 section shall not be construed to authorize the manufacture of intoxi- 
 cating liquors in any town except upon a full compliance with the 
 conditions and requirements which may now or hereafter be im- 
 posed by law. 
 
 1903, c. 233, s. 10. 
 
 2073. Saloons, when licensed. If a majority of the votes in 
 any such election in any city or town shall be "Against Saloons," 
 then it shall be unlawful for the county commissioners of any such 
 county, or the governing body of any such town, to grant license to 
 any person for the sale of spirituous, vinous, malt or other intoxi- 
 cating liquors whatever in such city or town until another election 
 shallbe held reversing such election: Provided, that liquor dealers 
 in such cities or towns holding license at the time of the election 
 shall be allowed six months after such election in which to close 
 out their stock on hand at the time of such election, if their license 
 so long remain in force. But if a majority of any such votes 
 cast in any such election shall be "For Saloons," then the board 
 of county commissioners of such county, and the governing body of 
 such city or town, shall grant license to sell intoxicating liquors in 
 such city or town to all proper persons applying for the same accord- 
 ing to law. And such license shall be granted until another election 
 shall be held reversing such election: Provided further, that this 
 section shall not be construed to authorize any person to sell, either 
 by retail or wholesale, intoxicating liquors in such city or town, 
 except upon a full compliance with the conditions and requirements 
 which may now or hereafter be imposed by law. 
 
 1903, c. 233, s. 11. 
 
 48 
 
DISPENSAEIES. 
 
 DiSPENSxVRIES. 
 
 2074. When established. If a majority of the votes east at any 
 such election shall be ^^ Against Dispensaries," then it shall be unlaw- 
 ful to establish any dispensary in such city or town until another 
 election shall be held reversing such election. But if a majority of 
 the votes cast at any such election be 'Tor Dispensaries/' then the 
 board of commissioners of such city or town shall establish a dis- 
 pensary therein. 
 
 1903, c. 233, s. 12. 
 
 2075. Commissioners appointed. Whenever it shall become law- 
 ful under the provisions of this chapter to establish a dispensary in 
 any city or town, the governing body of such city or town shall 
 appoint three commissioners from the voters of such city or town, 
 who, in the election, voted for dispensaries, whose duty it shall be to 
 conduct such dispensaries under such rules and regulations, and 
 with such officers and employees, as may be prescribed and. allowed 
 by the governing body of such city or town, who shall fix the com- 
 pensation of said commissioners and their officers and employees. 
 
 1903, c. 233, s. 13. 
 
 2076. Terms of office fixed; removal; bonds. The governing 
 
 body of any city or town in which a dispensary shall be established 
 under the provisions of this chapter, shall have power to fix the 
 terms of office of the dispensary commissioners, and determine the 
 amount of bonds required from the commissioners and officers, and 
 shall have the power to remove any or all commissioners and any 
 officers or employees appointed by such commissioners, for good 
 cause shown. 
 1903, c. 233, s. 18. 
 
 2077. Sales in, how made. 'No liquor of any kind shall be sold 
 in any dispensary on Sunday or election days, and no dispensary 
 shall ever be open or liquor sold therein before sunrise or after sun- 
 set on any day. The prices at which liquor shall be sold shall be 
 fixed by the dispensary commissioners. All sales shall be for cash 
 and at a profit not to exceed eighty per centum of the cost thereof. 
 No liquor shall be sold in any dispensary except in unbroken pack- 
 ages or bottles, which shall contain not less than one-half pint and 
 not more than one quart. The manager of a dispensary shall pro- 
 hibit loafing, loitering or drinking on the premises. It shall be the 
 duty of the manager, when ordered by the board of dispensary 
 commissioners, to keep a register, on which shall be kept a record 
 of the names of persons to whom any liquors are sold, the quantity 
 sold, price paid, and date of sale. Such register shall be open only 
 
 4 49 
 
MUJSriCIPAL SUBSCKIPTIOA^S. 
 
 • 
 
 to the inspection of the dispensary commissioners and its employees, 
 and the contents thereof shall not be published. No intoxicating 
 liquors shall be sold to any minors, and the dispensary commissioners 
 shall make such rules and regulations not inconsistent with this 
 chapter as may be proper for the management of the dispensary. 
 
 1903, c. 233, s. U; 1905, c. 458. 
 
 Municipal Subsceiptions. *c^ 
 
 2558. Counties may aid railroads. The boards of commissioners 
 of the several counties shall have power to subscribe stock to any rail- 
 road company when necessary to aid in the construction of any rail- 
 road in which the citizens of the county may have an interest. 
 
 Code, s. 1996 j 1868-9, c. 171, s. 1. 
 
 2559. How made. The board of commissioners of any county 
 proposing to take stock in any railroad company shall meet and agTce 
 upon the amount to be subscribed, and if a majority of the board 
 shall vote for the proposition, this shall be entered of record, which 
 shall show the amount proposed to be subscribed, to what company, 
 and whether in bonds, money or other property, and thereupon 
 the board shall order an election, to be held on a notice of not 
 less than thirty days, for the purpose of voting for or against 
 the proposition to subscribe the amount of stock agreed on by the 
 board of county commissioners. And if a majority of the qualified 
 voters of the county shall vote in favor of the proposition, the board 
 of county commissioners, through their chairman, shall have power 
 to subscribe the amount of stock proposed by them, and submitted to 
 the people subject to all the rules, regulations and restrictions of 
 other stockholders in such company: Provided, that the counties, in 
 the manner aforesaid, shall subscribe from time to time such amounts, 
 either in bonds or money, as they may think proper. 
 
 Code, s. 1997; 1868-9, c. 171, s. 2. 
 
 2560. Election for, held. All elections ordered under the pre- 
 ceding section shall be held by the sheriff undei* the laws and regu- 
 lations provided for the election of members of the general assembly. 
 The votes shall be compared by the boards of county commissioners 
 who shall make a record of the same. 
 
 Code, s. 1998; 1868-9, c. 171, s. 3. 
 
 2561. How interest on bonds paid. In case the county shall sub- 
 scribe the amount proposed in bonds, the board of commissioners 
 shall have power to fijx the rate of interest, not to exceed the rate of six 
 per cent, when the principal on said bonds shall be payable, and at 
 what place, and shall also fix the time and places of paying the inter- 
 est, and shall also determine the mode and manner of paying the 
 
 50 
 
EEGISTEK OF DEEDS, ETC. 
 
 same; and also to raise by taxation, from year to year, the amount 
 necessary to meet the interest on said bonds. 
 
 Code, s. 1999; 1868-9, c. 171, s. 4. 
 
 2562. How taxes for bonds collected. The taxes authorized by 
 the three preceding sections to be raised for the payment of interest 
 or principal, shall be collected by the sheriff in like manner as other 
 state taxes, and be paid into the hands of the county treasurer, to be 
 used by the chairman of the board of county commissioners as 
 directed by this chapter. 
 
 Code, s. 2000; 1868-9, c. 171, s. 5. ~ ' 
 
 Register of Deeds. 
 
 2650. Election for. In each county there shall be elected bien- 
 nially by the qualified voters thereof, as provided for the election 
 of members of the general assembly, '^ "^ * a regi'ster of -deeds. 
 
 Const., Art. VII, s. 1. 
 
 State Board of Elections — Compensation 
 
 2760. State board of elections. The members of the state board 
 of elections shall receive in full compensation for their services four 
 dollars per day for the time they are actually engaged in the dis- 
 charge of their duties, together with their actual traveling expenses, 
 and such other expenses as are necessary and incident to the dis- 
 charge of the duties imposed by the law relating to elections. 
 
 1901,^ c. 89, o. 7. 
 
 Register of Deeds — Compensation. 
 
 2776. Register of deeds. The register of deeds shall be allowed, 
 while and when acting as clerk to the board of commissioners, such 
 per diem as such board may respectively allow, not exceeding two 
 dollars ; and shall be allowed the following fees for his services as 
 register of deeds: 
 
 For registering any deed or other Avriting authorized to be regis- 
 tered by them, with certificate of probate or acknowledgment and 
 private examination of a married woman, containing not more than 
 three copy-sheets, eighty cents; and for every additional copy-sheet, 
 ten cents. 
 
 Registering chattel mortgage, statutory form, twenty cents. 
 
 Registering short form of lien bond, or lien bond and chattel mort- 
 gage combined, fifty cents in the counties of Davidson, Franklin, 
 Halifax, Lenoir, Northampton, Scotland and Union; twenty cents 
 in the counties of Anson, Chatham, Columbus, Cleveland, Iredell, 
 Johnston, and Mecklenburg; and thirty cents in the counties of 
 
 51 
 
COMPEJs^SATIOK 
 
 Alamance, Alleghany, Ashe, Beaufort, Bladen, Brunswick, Bun- 
 combe, Burke, Carteret, Caswell, Catawba, Chowan, Craven, Cum- 
 berland, Davie, Duplin, Durham, Edgecombe, Forsyth, Gaston, 
 Gates, Granville, Harnett, Hertford, Jones, Lincoln, Martin, Mc- 
 Dowell, Moore, N'ash, 'New Hanover, Onslow, Pender, Perquimans, 
 Person, Pitt, Polk, Richmond, Robeson, Rockingham, Rowan, Ruth- 
 erford, Sampson, Vance, Washington, Watauga, Wayne and Wilson. 
 
 For comparing and certifying a copy of any instrument filed for 
 registration, when the copy is furnished by the party filing the in- 
 strument for registration and at the time of filing, one dollar. 
 
 For*a copy of any record or any paper in their offices, like fees 
 as for registering the same. 
 
 For issuing each notice required by the county commissioners, 
 including supoenas for witnesses, fifteen cents. This shall not in- 
 clude county orders issued on the treasury. 
 
 Recording and issuing each order of commissioners, ten cents. 
 Where a standing order is made for the payment of money, monthly 
 or. otherwise, there shall be charged but one fee therefor. 
 
 Making out original tax list, two cents for each name thereon; 
 for each name on each copy required to be made, two cents. 
 
 Issuing marriage license, one dollar. 
 
 For transcript and certificate of limited partnership, fifty cents. 
 
 For recording the election returns from the various voting pre- 
 cincts, ten cents per copy-sheet, to be paid by the county. 
 
 For registering conditional sales of personal property in [N'ash 
 county thirty-five cents on the first three hundred words and ten 
 cents per copy-sheet on the excess of three hundred words. 
 
 Code, ss. 710, 3109, 3751; 1887, c. 283; 189^, c. 324; 1897, cc. 27, 68; 1899, 
 c. 17, s. 2; 1899, c. 247, s. 3; 1899, cc. 261, 578, 723; 1901, c. 294; 1903, c. 792; 
 1899, c. 302; 1905, cc. 226, 319, 392. 
 
 Note. For fees in relation to strays, see Strays. 
 
 For registering affidavits of sales for taxes, see s. 2904. 
 
 For short form of lien bond, see s. 2055. 
 
 For salary of register of deeds of Guilford county, see 1905, c. 275. 
 
 For fees of register of deeds of Mecklenburg county, see 1905, c. 829, s. 2. 
 
 Election Officers — Compensation. 
 
 2784. Election officers. The registrar shall receive three cents 
 for each name registered in the new registration when ordered, and 
 thereafter in the revision of the registration book, he shall receive one 
 cent for each name copied from the original registration book. Each 
 chairman of the county board of elections shall be allowed one dollar 
 per day for the time actually employed, and five cents per mile for 
 distance traveled, for making the returns for senators, and each 
 sheriff shall receive thirty cents for each notice he is r.equired to 
 serve under the law providing for holding elections. The com- 
 
 52 
 
SHERIFF, COMMISSIOI^ERS, ETC. 
 
 pensation allowed officers shall be paid by the county treasurer 
 after being audited by the board of county commissioners. Clerks 
 and registers of deeds shall also be allowed the usual registra- 
 tion fees for recording the election returns, to be paid by the 
 county. The board of state canvassers* may employ two clerks 
 at a compensation of four dollars each per day, during the ses- 
 sion of the board of state canvassers. The members of the county 
 board of elections shall each be allowed one dollar per day for 
 each day they may be actually employed in the performance of their 
 duties. The registrars and judges of election shall be entitled to 
 such compensation as may be fixed by the board of commissioners 
 of their county, not to exceed one dollar each for holding the elec- 
 tion. The election constables or bailiffs shall be entitled to one dol- 
 lar per day each ; and the registrar or judge of election, who shall act 
 as returning officer, shall be allowed one dollar, payable out of the 
 county treasury: Provided, that the registrars shall receive, in addi- 
 tion to the compensation herein allowed for each name registered, 
 the sum of one dollar per day for each Saturday during the period 
 of registration, and on which they attend at the several polling 
 ])laces for the purpose of registering voters or receiving and hearing 
 challenges: Provided further, that in addition to the compensation 
 herein allowed the several election officers it shall be lawful for the 
 county commissioners to pay to the several members of the county 
 board of elections and also to the several registrars such additional 
 compensation as may be by them considered just and fair. 
 
 1901, c. 89, s. 62; 1905, c. 434. 
 
 Sheriff. 
 
 2808. Election for. In each county a sheriff shall be elected by 
 the qualified voters thereof, as is prescribed for members of the 
 general assembly, and shall hold his office for two years. 
 
 Const., Art. IV, s. 24. 
 
 Town Commissioners. 
 
 2919. Elected biennially by qualified voters. The board of com- 
 missioners of each town shall be biennially elected by the qualified 
 voters thereof, at the time and in the manner prescribed by law. 
 
 Code, s. 3787. 
 
 Elections. 
 
 2944. How far this chapter applicable. All elections held in 
 
 any city or town shall be held under the following rules and regu- 
 lations, except in the cities of Charlotte and Fayetteville, and in 
 the town of Shelby, and in the towns in the counties of Bertie, 
 Cabarrus, Caldwell, Catawba, Chowan, Columbus, Davidson, Edge- 
 
 53 
 
ELECTIOI^S. 
 
 combe, Gaston, Harnett, Lenoir, Mitchell, N'ash, Pitt, Eandolph, 
 Robeson, Stokes, Surry, Vance, W^J^^ and Wilson. 
 1901, c. 750, ss. 1, 21; 1903, cc. 184, 218, 626, 769, 777. 
 
 2945. When election field. In all cities and towns an election 
 shall be held on Tuesday after the first Monday of May, one thou- 
 sand nine hundred and five, and biennially thereafter. 
 
 1901, c. 750, s. 19. 
 
 2946. Polling places. There shall be at least one polling place 
 in each ward in the town or city, if the said town or city is divided 
 into wards; and if not divided into wards, then there shall be as 
 many polling places as may be established by the governing body 
 of said town or city. 
 
 1901, c. 750, s. 2. 
 
 2947. Registrars appointed; public notified; vacancy. The 
 
 board of commissioners shall select, at least thirty days before any 
 city or town election, one person for each election precinct, who shall 
 act as registrar of voters for such precinct; and shall make publica- 
 tion of the names of the persons so selected, and of the time of the 
 election, at the town or city hall, or at the usual place of holding 
 the mayor's court, immediately after such appointment, and shall 
 cause a notice to be served upon the registrars by the sheriff of 
 the county or the township constable. If any registrar shall die 
 or neglect to perform his duties, said governing body may appoint 
 another in his place. 
 
 1901, c. 750, s. 5; 1903, c. 613. 
 
 2948. Registrars to take an oath. Before entering upon the du- 
 ties of his ofiice each registrar shall take an oath before some person 
 authorized by law to administer oaths to faithfully perform the 
 duties of his ofiice as registrar. 
 
 1901, c. 750, s. 6. 
 
 2949. Registration of voters. It shall be the duty of the board 
 of commissioners of every city and town to cause a registration to 
 be made of all the qualified voters residing therein, under the rules 
 and regulations prescribed for the registration of voters for general 
 elections. And where there has been a registration of voters, the 
 board of commissioners may, in its discretion, order a new registra- 
 tion of voters ; and unless such new registration shall be ordered, the 
 election shall be held under the existing registration, with such revis- 
 ion as is herein provided. 
 
 Code, s. 3795; .1901, c. 750, s. 3. 
 
 54 
 
ELECTIONS. 
 
 2950. Notice of new registration. In the event a new registra- 
 tion is ordered the hoard of commissioners shall give thirty days^ 
 notice thereof by advertisement in some newspaper, if there be one 
 published in the town or city, and if there be none so published, then 
 in three public places in the city or town. 
 
 1901, c. 750, 3. 4. 
 
 2951. Registration books revised. Each registrar shall be fur- 
 nished with registration books, and it shall be his duty to revise 
 the registration book of his precinct in such manner that said books 
 shall show an accurate list of the electors previously registered in 
 such ward or precinct and still residing therein, without requiring 
 such electors to be registered anew. 
 
 1901, c. 750, s. 6. 
 
 2952. When registration books opened and closed; who may 
 
 register. Each registrar shall^ between the hours of nine o'clock 
 a. m. and five o'clock p. m. on each day (Sunday excepted) for seven 
 days preceding the day for closing the registration books, as herein- 
 after provided, keep open said books for the registration of any new 
 electors residing in the precinct, and entitled to register, whose 
 names have never before been registered in such precinct^ or do 
 not appear in the revised list. Such books shall be open until nine 
 o'clock p. m. of each Saturday during such registration period and 
 shall be closed for registration on the second Saturday before each 
 election. 
 
 1901, c. 750, s. 6. 
 
 2953. Registration on election day. No registration shall be 
 
 allowed on the day of election, but if any person shall give satisfac- 
 tory evidence to the registrar and judges of election that he has 
 become of the age of twenty-one years or otherwise has become quali- 
 fied to register and vote since the registration books were cjosed for 
 registration, he shall be allowed to register and vote. 
 
 1901, c. 750, s. 8. 
 
 2954. Vacancies on election day. If any vacancy shall occur 
 on the day of election in the office of registrar, the same shall be 
 filled by the judges of election, and if any vacancy shall occur on 
 that day in the office of judge the same shall be filled by the regis- 
 trar; vacancies occurring at any other time shall be filled by the 
 board of commissioners. 
 
 1901, c. 750, s. 20. 
 
 2955. When books open for challenge. On the second Saturday 
 
 before the election the registration books shall be kept open at the 
 
 55 
 
ELECTIONS. 
 
 polling place in the precinct for the inspection of the electors of the 
 precinct, and any of such electors shall be allowed to object to the 
 name of any person appearing on said books. 
 1901, c. 750, s. 7. 
 
 2956. Practice in challenges. When a person is challenged the 
 registrar shall enter upon his books opposite the name of the per- 
 son objected to the word ^^Challenged/' and the registrar shall ap- 
 point a time and place, on or before the Monday immediately pre- 
 ceding election day, when he, together with the judges of election, 
 shall hear and decide the objection, giving personal notice to the 
 voter so objected to; and if for any cause, personal notice can not 
 be given, then it shall be sufficient to leave a copy thereof at his 
 residence. If any person challenged shall be found not duly quali- 
 fied, the registrar shall erase his name from the books. They shall 
 hear and determine the cause of challenge under the rules and regu- 
 lations prescribed by the general law regulating elections for mem- 
 bers of the general assembly. 
 
 1901, c. 750, ss. 7, 9. 
 
 2957. Registration books, where deposited. Immediately after 
 
 any election the registrars shall deposit the registration books for the 
 respective precincts with the board of commissioners. 
 1901, c. 750, s. 11. 
 
 2958. Judges of election appointed; oath of. Tlie board of com- 
 missioners shall appoint, at least thirty days before any city or town 
 election, two judges of election, who shall be of different political 
 parties where possible, and shall be men of good character, able to 
 read and write, at each place of holding election in said city or 
 town, who, before entering upon the discharge of their duties, shall 
 take an oath, before some person authorized by law to administer 
 oaths, to conduct the election fairl;^ and impartially, according to 
 the constitution and laws of the state. 
 
 1901, c. 750, s. 7. 
 
 2959. Judges superintend election; poll books. The judges of 
 
 election shall open the polls and superintend the same until the close 
 of election ; they shall keep poll books in which shall be entered the 
 name of every person who shall vote, and at the close of the election 
 they shall certify the same over their proper signatures and deposit 
 them with the board of commissioners. 
 1901, c. 750, s. 7. 
 
 2960. When polls open and close. The polls shall be open on 
 the day of election from eight o'clock a. m. till sunset, and no longer ; 
 
 56 
 
ELECTIOiS^S. 
 
 and each person whose name may be registered shall be entitled to 
 vote. 
 
 1901, c. 750. s. 10. 
 
 2961. Who may vote. All qualified electors who shall have re- 
 s;'ded for four months immediately preceding an election within 
 the limits of any voting precinct of a city or town, and not otherwise, 
 shall have the right to vote in such precinct for mayor and other 
 city or town officers. 
 
 1901, c. 750, s. 9. 
 
 2962. Ballots and ballot boxes. All ballots shall be printed or 
 written upon white paper and shall be of the same size, without 
 device, mutilation or ornamentation, the size of ballots to be fixed 
 by board of commissioners at the same meeting the registrar is 
 appointed. The governing body of the city or town shall provide 
 for each election precinct in their respective cities or towns neces- 
 sary ballot boxes in which to deposit the ballots; each of such boxes 
 shall have an opening through the lid to admit a single folded ballot, 
 and no more. The ballot boxes shall be kept by the judges of elec- 
 tion for the use of the election precincts respectively; and the regis- 
 trar and judges of election, before the voting begins, shall carefully 
 examine the ballot boxes and see that there is nothing in them, and 
 they shall be sealed or securely fastened and not be opened until the 
 polls are closed. 
 
 1901, c. 750, s. 12; 1903, c. 613, s. 2. 
 
 2963. Ballots counted; result declared; void ballots. When the 
 
 election shall be finished the registrar and judges of election shall 
 open the boxes and count the ballots, reading aloud the names of 
 the persons which shall appear on each ballot; and if there shall be 
 two or more ballots rolled up together, or any ballot shall contain the 
 names of more persons than the elector has the right to vote for, 
 or shall have a device or ornament upon it, in either of these cases 
 such ballots shall not be numbered in taking the ballots, but shall be 
 void ; and the counting of votes shall be continued without adjourn- 
 ment until completed, and the result thereof declared. 
 
 ]901, c. 750, s. 13. 
 
 2964. Board of canvassers; original returns. The registrar and 
 
 judges of election in each voting precinct shall appoint one of their 
 number to attend the meeting of the board of canvassers as a mem- 
 ber thereof, and shall deliver to the member who shall have been 
 so appointed the original returns of the result of the election in 
 such precinct ; and the members of the board of canvassers who shall 
 
 57 
 
COMMISSIONEE OF AGEICULTUEE. 
 
 have been so appointed shall attend the meeting of the board of can- 
 vassers, and shall constitute the board of town canvassers for such 
 election, and a majority of them shall constitute a quorum. In towns 
 where there is only one voting precinct, the registrar and judges of 
 election shall, at the close of the election, declare the result thereof. 
 1901, c. 750, ss. 13, 14. 
 
 2965. When and where board meets; oath. The board of can- 
 vassers shall meet on the next day after the election at twelve o'clock 
 m., at the mayor's office, and they shall each take the oath prescribed 
 in the general law governing elections for members of the board 
 of county canvassers. 
 
 1901, c. 750, s. 15. 
 
 2966. Board determines result; tie vote. The board of can- 
 vassers shall, at their meeting, in the presence of such electors as 
 choose to attend, open, canvass and judicially determine the result, 
 and shall make abstracts, stating the number of legal ballots cast 
 in each precinct for each office, the name of each person voted for 
 and the number of votes given to each person for each different 
 office, and shall sign the same. It shall have power and authority 
 to judicially pass upon all the votes relative to the election and 
 judicially determine and declare the result of the same, and shall 
 have power and authority to send for papers and persons and exam- 
 ine the latter upon oath; and in case of a tie between two opposing 
 candidates, the result shall be determined by lot. In all other 
 respects all elections held in any town or city shall be conducted as 
 prescribed for the election of members of the general assembly. 
 
 1901, c. 750, ss. 16, 17. 
 
 2967. Notice of special election. 'No special election shall be 
 held for any purpose in any county, township, city or town unless 
 at least thirty days' notice shall have been given of the same by 
 advertisement in some newspaper published in said county, city or 
 town, or by advertisement posted at the courthouse of the county 
 and four other public places in such county, city or town. 
 
 1901, c. 750, s. 24. 
 
 Commissioner of Agriculture. 
 
 3938. Election of; vacancy. The commissioner of agriculture 
 shall be elected at the general election for other state officers, shall 
 be voted for on the same ballot with such officers, and his term of 
 office shall be four years, and until his successor is elected and quali- 
 fied. Any vacancy in the office of such commissioner shall be filled 
 
 58 
 
SPECIAL SCHOOL TAX. 
 
 by the governor, the appointee to hold until the next regular election 
 to the office and the qualification of his successor. 
 1901, c. 479, s. 4. 
 
 Special School Tax. 
 
 4113. Special tax may be voted for high schools. In any town- 
 ship, upon petition of one-fourth of the freeholders of the tov^nship, 
 approved by the county board of education, the board of county com- 
 missioners, after thirty days' notice at the courthouse door and three 
 public places in the township, shall hold an election to ascertain the 
 will of the people within the township whether there shall be levied 
 in said township a special annual tax of not less than ten cents nor 
 more than thirty cents on the one hundred dollars valuation of prop- 
 erty and not less than thirty cents nor more than ninety cents on 
 each poll, in addition to all other taxes levied for all other purposes, 
 to be used for the establishment of a central high school or high 
 schools in said township in case such special tax is voted. The board 
 of county commissioners shall appoint a registrar and order a new 
 registration for said township, and said election shall be held in the 
 said township under the law governing general elections as nearly 
 as may be, and the expenses of such election shall be paid out of the 
 general county school fund. At said election those who are in favor 
 of the levy and collection of said tax shall vote a ticket on which 
 shall be printed or written the words ^Tor High School Tax," and 
 those who are opposed shall vote a ticket on which shall be printed or 
 written the words ^^ Against High School Tax." In case a majority 
 of the qualified voters at said election are in favor of said tax, then 
 so much of the tax on property and polls herein provided for as in 
 the judgment of the committee may be necessary shall be annually 
 levied and collected in the manner prescribed for the levy and col- 
 lection of other taxes. All moneys levied under the provisions of 
 this section shall, upon collection, be placed by the treasurer of the 
 county school fund to the credit of the township high school commit- 
 tee, composed of three members, appointed by the county board of 
 education, and shall be expended exclusively by said committee in 
 establishing and maintaining one or more high schools in said town- 
 ship under such rules and regulations as to its conduct and such 
 course or courses of study as shall be prescribed by the state super- 
 intendent of public instruction. The powers, duties and qualifica- 
 tions of the committeemen provided for in this section shall be simi- 
 lar to those of other school committeemen and they shall have the 
 same power to apportion the funds so raised as is conferred upon the 
 county board of education for apportionment of the general fund 
 among the schools of the township. And the provisions of this sec- 
 tion shall not be so construed as to prevent the teaching of the ele- 
 
 59 
 
SPECIAL SCHOOL TAX. 
 
 mentarj branches in such high schools as may be established, nor so 
 construed as to prevent the county board of education from making 
 such apportionment of public school funds to such high schools as they 
 may deem equitable and just: Provided, that township high schools 
 may also be established without the levying of a special high school 
 township tax where the public funds are sufficient for that purpose, 
 under such rules and regulations as to organization and course of study 
 as the state superintendent of public instruction shall prescribe: 
 Provided further, that high school subjects may be taught in all pub- 
 lic schools employing more than one teacher, according to such rulfes 
 and regulations as to organization and course of study as shall be 
 prescribed by the state superintendent of public instruction, where 
 the public funds are sufficient to provide for such teaching, but the 
 high school branches taught in such schools shall not interfere with 
 the thorough teaching of the elementary branches. 
 
 1905, c. 533, s. 13. 
 
 4114. Special tax may be voted in cities and towns, in every 
 
 incorporated city or town in which there is not now levied a special 
 tax for schools, upon a petition signed by one-fourth of the free- 
 holders therein, the board of aldermen or town commissioners of 
 such city or town shall, at the date of the municipal or general elec- 
 tion next ensuing upon the presentation of such petition, order an 
 election to be held to ascertain the will of the people whether there 
 shall be levied in such city or town a special annual tax, of not 
 more than thirty cents on the one hundred dollars valuation of prop- 
 erty and ninety cents on the poll, to supplement the public school 
 fund in such city or town. Such election shall be held in the differ- 
 ent election precincts or wards under the law governing municipal 
 or general elections in such cities or towns. At such election those 
 who are in favor of the levy and collection of the tax shall vote a 
 ticket on which shall be printed or written the words ^Tor Special 
 Tax," and those who are opposed shall vote a ticket on which shall 
 be printed or written the words ^^Against Special Tax." In case a 
 majority of the qualified voters at such election is in favor of the 
 tax the same shall be annually levied and collected in such to^vn or 
 city in the manner prescribed for the levy and collection of other 
 city or town taxes. All moneys levied under the provisions of this 
 section shall, upon collection, be placed to the credit of a city or 
 town school -committee, composed of not less than five nor more than 
 seven members, to be appointed by the board of aldermen or town 
 commissioners for such city or town, and shall be, by such commit- 
 tee, expended exclusively upon the public schools in such city or 
 town ; and there shall be but one school district in such city or town 
 in which there may be established one or more schools for each 
 
 60 . 
 
COUNTY BOARD OF EDUCATIOK 
 
 race, and such school committee shall apportion the money among 
 the schools in such manner as in its judgment will equalize school 
 facilities. 
 1901, c. 4, s. 71. 
 
 4115. Special tax may be voted in special school districts. 
 
 Special school tax districts may be formed by the county board of 
 education in any county without regard to township lines under the 
 following conditions: Upon a petition of one-fourth of the free- 
 holders within the proposed special school district, endorsed by 
 the county board of education, the board of county commissioners, 
 after thirty days' notice at the courthouse door and three public 
 places in the proposed district, shall hold an election to ascertain the 
 will of the people within the proposed special school district whether 
 there shall be levied in such district a special annual tax of not more 
 than thirty cents on the one hundred dollars valuation of property 
 and ninety cents on the poll to supplement the public school fund, 
 which may be apportioned to such district by the county board of 
 education, in case such special tax is voted. The board of county 
 commissioners shall appoint a registrar and order a new registra- 
 tion for such district and the election shall be held in the district 
 under the law governing general elections as near as may be: Pro- 
 vided, the expense of holding said election shall be paid out of 
 the general school fund of the county. At such election those who 
 are in favor of the levy and collection of the tax shall vote a 
 ticket on w^hich shall be printed or written the words ^Tor Spe- 
 cial Tax,'' and those who are opposed shall vote a ticket on which 
 shall be printed or written the words ^^ Against Special Tax." In 
 case a majority of the qualified voters at the election is in favor 
 of the tax, the same shall be annually levied and collected in the 
 manner prescribed for the levy and collection of other taxes. All 
 money levied under the provisions of this section shall, upon collec- 
 tion, be placed to the credit of the school committee in such dis- 
 trict, which committee shall be appointed by the county board of 
 education ; and such school committee shall apportion the money 
 among the schools in such district in such manner as in its judgment 
 shall equalize school facilities. 
 
 1901, c. 4, s. 72; 1903, c. 435, s. 24; 1905, c. 533, s. 14. 
 
 CouiMTY Board of Education. 
 
 4119. Election of; vacancies in, how filled. The general assem- 
 bly shall biennially appoint three men in each county, of good busi- 
 ness qualifications and known to be in favor of public education, 
 who shall constitute the county board of education. The term of 
 office of the members of the county board of education so appointed 
 
 61 
 
COUNTY SUPEKi:^[TENDENT, ETC. 
 
 shall begin on the first Monday in July next succeeding their ap- 
 pointment, and shall continue for two years and until their succes- 
 sors are duly appointed and qualified. In case of a vacancy in the 
 county board of education by death, resignation or otherwise, such 
 vacancy shall be filled by the remaining members of such county 
 board; but if such vacancy should remain unfilled for thirty days 
 after it occurs, it shall be filled by the state board of education. 
 Upon failure of the general assembly to appoint the three mem- 
 bers of the county board of education for any county as herein pro- 
 vided, or any one or more of such members, such failure shall con- 
 stitute a vacancy which shall be filled by the state board of educa- 
 tion: Provided, no person while actually engaged in teaching in 
 the public schools shall be eligible as a member of the county board 
 of education. 
 
 1901, c. 4, s. 12; 1903, c. 269, c. 435, s. 3; 1905, c. 533, s. 3. 
 
 County Superintendent. 
 
 4135. Election, qualification and term of office; vacancy. The 
 
 county board of education on the first Monday in July, one thou- 
 sand nine Imndred and five and biennially thereafter, shall elect a 
 county superintendent of public instruction, who shall be, at the 
 time "of his election, a practical teacher, or who shall have had at 
 least two years' experience in teaching school, and who also shall 
 be a man of liberal education and shall otherwise be qualified to 
 discharge the duties of his office as required by law, due regard 
 being given to experience in teaching. Such superintendent must 
 be of good moral character and shall hold his office for a term of 
 two years from the date of his election and until his successor is 
 elected and qualified. Any person who has filled the office of county 
 superintendent for four years next preceding the eleventh day of 
 March, one thousand nine hundred and one, shall be eligible to 
 such office in Bertie and Bladen and Columbus counties, if the 
 election of such person meets the approval of the state board of 
 education. In case of vacancy by death, resignation, or otherwise, 
 in the office of county superintendent such vacancy shall be filled by 
 the county board of education. 
 
 1901, c. 4, s. 16; 1903, c. 435, s. 5. 
 
 Contests. 
 
 4406. Notice of, given, l^o person shall be allowed to contest the 
 seat of any member of the general assembly unless he shall have 
 given to the member thirty days' notice thereof in writing, prior 
 to the meeting of the general assembly, which must state the particu- 
 lar grounds of such contest. If the seat is contested on account of 
 
 62 
 
EXECUTIVE OFEICEKS. 
 
 the reception of illegal votes, the notice must set forth the number 
 of such votes, by whom given, and the supposed disqualifications; 
 and if the same is contested on account of the rejection of legal 
 votes, the notice must give the names of the persons whose votes 
 were rejected. ISTo evidence shall be admitted to show that the (con- 
 testant received illegal votes, unless he shall also have been notified 
 the same number of days, and in the same manner. The same notice 
 of time and place required in taking depositions shall be required 
 and proved on the investigation. 
 
 Code, s. 2850; 1893, c. 192; R. C, c. 52, s. 31; 1796, c. 466, s. 1. 
 
 4407. Depositions in, taken, how; penalty on witnesses; what 
 
 witness must testify to. Any justice of the peace, or any person 
 duly authorized to take depositions to be read before courts, may 
 take depositions to be used on the investigation, and may issue 
 subpoenas for witnesses, which shall be executed by any officer 
 authorized to execute process. And if any witness shall fail to ap- 
 pear and give his deposition according to the subpoena, he shall for- 
 feit and pay to the party causing him to be summoned, forty dol- 
 lars. And on such investigation no witness in this, or in the case 
 of any other contested election, shall be excused from discovering 
 whether he voted at such election, or his qualification to vote, except 
 as to his conviction for any offense which would disqualify him. 
 And if he was not a qualified voter, he shall be compelled to discover 
 for whom he voted; but any witness making such discovery shall 
 not be subject to criminal or penal prosecution for having voted at 
 such election. 
 
 Code, s. 2851; R. C, c. 52, s. 32; 1800, c. 557, s. 1; 1868-9, c. 270, s. 12. 
 
 Executive Officers. 
 
 5326. Election; commencement and duration of term of office; 
 
 induction into office. The executive department shall consist of a 
 governor, a lieutenant governor, a secretary of state, an auditor, a 
 treasurer, a superintendent of public instruction, and an attorney gen- 
 eral, who. shall be elected for a term of four years by the qualified 
 electors of the state, at the same time and places and in the same 
 manner as members of the general assembly are elected. Their 
 term of office shall commence on the first day of January next after 
 their election and continue until their successors are elected and 
 qualified. The return of every election for officers of the executive 
 department shall be sealed up and transmitted to the seat of govern- 
 ment by the returning officers, directed to the speaker of the house 
 of representatives, who shall open and publish the same in the pres- 
 ence of a majority of the members of both houses of the general 
 assembly. The persons having the highest number of votes respect- 
 
 63 
 
EXECUTIVE OFFICERS. 
 
 ively shall be declared duly elected; but if two or more be equal 
 and highest in votes for the same office, then one of them shall be 
 chosen by joint ballot of both houses of the general assembly. Con- 
 tested elections shall be determined by a joint ballot of both houses 
 of the general assembly in such manner as shall be prescribed by 
 law. On the first Tuesday, after the convening of the general as- 
 sembly, following the election of any or all state officers of the execu- 
 tive department and of the commissioner of agTiculture and the 
 commissioner of labor and printing, there shall be a joint session 
 of the house of representatives and senate in the hall of the house of 
 representatives, at eleven o'clock in the forenoon, when and where 
 the speaker of the house of representatives shall proceed, in compli- 
 ance with the provisions of the constitution above set forth, to open 
 and publish the vote for governor and other officers of the executive 
 department and for the commissioner of agriculture and the com- 
 missioner of labor and printing cast at the last preceding election, 
 and as soon as the result of the election shall be ascertained and pub- 
 lished, as provided in this section, the person so ascertained and pub- 
 lished to be elected governor at such election shall, in the presence 
 of the joint session of the two houses of the general assembly, held 
 as herein provided, take the oath of office prescribed by law and be 
 immediately inducted into the office of governor. Should the gov- 
 ernor-elect not be present at such joint session, then he may, as soon 
 thereafter as he may deem proper, take the oath of office before some 
 justice of the supreme or judge of the superior court and be inducted 
 into office. As soon as the result of such election as to other officers 
 of the executive department named in article three, section one, of the 
 constitution, and as to the commissioner of agriculture and the com- 
 missioner of labor and printing, shall be ascertained and published as 
 provided herein, the officers elected to such offices shall, as soon as 
 may be, take the oath of office prescribed by law for such officers and 
 be inducted into the offices to which they have been elected. 
 Const., Art. Ill, ss. 1, 3; 1897, c. 1, ss. 1, 2, 3. 
 
 64 
 
INDEX. 
 
 ELECTIONS. 
 
 Definition. Section. Page. 
 
 Political party 4292 3 
 
 When Held. 
 
 State officers 4293 8 
 
 For presidential electors . 4294 3 
 
 For president and vice-president, by electors 4295 4 
 
 County officers, solicitors and congressmen 4296 4 
 
 Township offices 4297 4 
 
 Special election for members of general assembly 4298 5 
 
 Vacancies in state offices 4299 5 
 
 State Board. 
 
 Appointed by the governor ; term of office '. 4300 5 
 
 When to meet ; vacancies, how filled 4301 5 
 
 Called meetings ; authority ; quorum 4302 6 
 
 County Board. 
 
 Consists of three members ; when appointed ; qualification, 4303 6 
 
 When to meet 4304 6 
 
 Polling places created, altered or changed 4305 7 
 
 Furnished with necessary books and stationery 4306 7 
 
 Appoints registrars and judges of election 4307 7 
 
 Appoint registrars ; may remove, and appoint others 4308 7 
 
 How vacancies filled 4309 8 
 
 Removal of registrars and judges of election 4310 8 
 
 Chairman transmit returns by mail, when 4311 8 
 
 Chairman to furnish county officers certificate of election. . 4312 9 
 
 Where chairmen meet in senatorial districts 4313 9 
 
 Duty of senatorial chairmen 4314 10 
 
 Qualification of Voters. 
 
 Who may not vote 4315 11 
 
 Who may vote 4316 11 
 
 Voter must be registered 4317 11 
 
 Registration of Voters. 
 
 Voter must be able to read and write ; exceptions 4318 12 
 
 Qualifications as to residence for voters ; oath to be taken, 4319 12 
 Poll tax must be paid before person can vote ; receipt ex- 
 hibited 4320 13 
 
 Who may vote without paying poll tax 4321 13 
 
 When person can register on election day 4322 14 
 
 Registration books kept open, when; registrar to take oath, 4323 14 
 
 Registration books deposited with register of deeds 4324 14 
 
 Permanent Registration. 
 
 W^ho entitled to 4325 14 
 
 Oaths administered, and names recorded 4326 15 
 
 Registrar must return list of, to clerk of superior court; 
 
 the records in a book 4327 15 
 
 5 65 
 
Permanent Registration — Continued. Section. Page. 
 
 Clerks to certify list to secretary of state 4328 16 
 
 Registrars to enter names on books, and so certify ; clerk 
 
 certifies to genuineness ; how copy obtained 4329 16 
 
 Copy obtained from secretai*y's office, when 4330 17 
 
 Copy of, or certificate from, evidence of voter's rights 4331 17 
 
 Voter moving, how registered 4332 17 
 
 Entitled to vote, though unable to read 4333 17 
 
 Secretary of state furnishes necessary blanks 4334 17 
 
 Books constitute roll in secretary of state's office 4335 18 
 
 Judges. 
 
 How and when appointed 4336 18 
 
 Names published; vacancies filled; qualify before acting. . 4337 18 
 
 Duties of 4338 19 
 
 Chat.t.enges. 
 
 Registrar attends for, when 4339 19 
 
 How heard 4340 , 20 
 
 How Conducted. 
 
 Special elections 4341 20 
 
 Polls, how opened and held 4342 21 
 
 Voter may deposit his own ballot 4343 21 
 
 Size of ballots 4344 21 
 
 What ticket to contain 4345 22 
 
 Ballot boxes ; description ; how provided 4346 22 
 
 How votes counted 4347 22 
 
 County Board of Canvassers. 
 
 How members appointed 4348 23 
 
 When to meet ; elect chairman ; how sworn 4349 23 
 
 Canvass returns ; determine result 4350 23 
 
 What returns placed on same abstract 4351 24 
 
 Abstract of votes for offices, except county and township, 
 
 where sent 4352 24 
 
 Abstracts of county and township offices, where filed 4353 24 
 
 Original returns, where filed 4354 24 
 
 Who declared elected 4355 25 
 
 To declare result of election 4356 25 
 
 State Board of Canvassers. 
 
 Who constitutes 4357 25 
 
 Duty of 4358 25 
 
 Abstracts not received, duty of. ... 4359 26 
 
 Estimate votes cast for officers executive department 4360 26 
 
 To declare result ; certificate of election, how issued 4361 26 
 
 Secretary of state to record abstracts 4362 26 
 
 State Officers. 
 
 How returns published and result declared ; how tie 
 
 broken 4363 27 
 
 Abstract of votes for, how made 4364 27 
 
 Congressmen. 
 
 Members of the senate 4365 27 
 
 , Congressional districts 4366 28 
 
 When held, for representative 4367 28 
 
 New apportionment of representatives ; how elected 4368 28 
 
MDEX. 
 
 Congressmen — Continued. Section. 
 
 Special election for 43G9 
 
 To obtain a certificate 4370 
 
 Presidential Electors. 
 
 How conducted 4371 
 
 Names on one ballot 4372 
 
 How returns made 4373 
 
 How result declared, and proclamation made 4374 
 
 Failing to attend and vote for president 4375 
 
 Miscellaneous. 
 
 Power to maintain order 4376 
 
 Judges, solicitors, commissioned by governor ; when term 
 
 begins 4377 
 
 Sheriff to give receipt for poll tax 4378 
 
 When entitled to duplicate 4379 
 
 Sheriff to certify list of taxpayers to clerk, who certifies 
 
 to board of elections 4380 
 
 Bailiffs may be appointed 4381 
 
 Penalty for refusing copy of poll books 4382 
 
 Forms for returns sent to proper officers by secretary of 
 
 state 4383 
 
 CRIMES. 
 
 Elections. 
 
 Betting on 3384 
 
 Breaking up ; disturbing officers 3385 
 
 Bribery of voters 3386 
 
 Discharging employee on account of vote 3387 
 
 Felon voting 3388 
 
 Liquor, giving away or selling at 3389 
 
 Oath, corruptly taking 3390 
 
 Officer failing to discharge duty 3391 
 
 Permanent registration ; taking false oath 3392 
 
 Permanent registration, officer failing to discharge duty. . . 3393 
 
 Registering or voting at more than one box 3394 
 
 Registering unlawfully : 3395 
 
 Returns, failure to make 3396 
 
 Returns, making false 3397 
 
 Returns, copy of; refusal 3398 
 
 Removal, officer acting after 3399 
 
 Taxes, sheriff to furnish list of 3400 
 
 Taxation, false certificate of exemption from 3401 
 
 Tax receipt given without payment 3402 
 
 MISCELLANEOUS. 
 Quo Warranto. 
 
 Writs of sci. fa. and quo warranto abolished 826 
 
 Action by attorney general upon usurpation or forfeiture 
 
 of office 827 
 
 Leave granted by attorney general to private person, when, 828 
 
 Solvent sureties required 829 
 
 Leave withdrawn, action dismissed, bond insufficient 830 
 
 Arrest and bail of defendant usurping office 831 
 
 Claim of several persons to office tried in one action 832 
 
 Trials expedited 833 
 
 Action brought within ninety days after induction into 
 
 office 834 
 
 Defendant's undertaking before answer 835 
 
 Possession of office not disturbed pending hearing 836 
 
 67 
 
 Page. 
 29 
 29 
 
 29 
 29 
 29 
 30 
 31 
 
 32 
 
 32 
 32 
 32 
 
 33 
 33 
 33 
 
 34 
 
 34 
 34 
 35 
 35 
 35 
 35 
 35 
 35 
 36 
 36 
 36 
 36 
 37 
 37 
 37 
 37 
 37 
 38 
 38 
 
 38 
 
 38 
 38 
 39 
 39 
 39 
 39 
 39 
 
 40 
 40 
 40 
 
INDEX. 
 
 Quo Wabranto — Continued. SECTioisr. Page. 
 
 Judgment by default and inquiry for failure of defendant 
 
 to give bond 837 40 
 
 Service of summons and complaint 838 41 
 
 Judgment in such actions 839 41 
 
 Judgment for usurping office or franchise ; fine 840 41 
 
 Mandamus to aid relator, when 841 41 
 
 On appeal, occupant of office to give bond for fees 842 42 
 
 Relator inducted into office, when 843 42 
 
 Damages by usurpation recovered 844 42 
 
 Action to recover forfeited property for state 845 42 
 
 Clerk of Supebioe Coubt. 
 
 How elected ; term of office 890 43 
 
 Constable. 
 
 How elected 933 43 
 
 COBONER. 
 
 How elected ; clerk appoints for special cases 1047 43 
 
 CoBPOEATiON Commission. 
 
 Number of commissioners 1055 43 
 
 County Commissionebs — Election of. 
 
 By qualified voters ; number 1311 43 
 
 By justices of peace 1312 44 
 
 County Commissionebs — Powers and Duties. 
 
 Powers given board 1318 44 
 
 Justices of the Peace. 
 
 When and how justices elected 1409 45 
 
 Stock Law. 
 
 County elections 1672 45 
 
 Township elections 1673 45 
 
 District elections 1674 46 
 
 Persons within territory allowed to withdraw 1675 46 
 
 Elections, how held 1676 46 
 
 Powers and duties of commissioners 1677 47 
 
 Local Option Elections. 
 
 When ordered, what submitted 2069 47 
 
 How conducted 2070 47 
 
 Boxes provided, what tickets voted 2071 47 
 
 Distilleries, when allowed 2072 48 
 
 Saloons, when licensed 2073 48 
 
 Dispensabies. 
 
 When established 2074 49 
 
 Commissioners appointed 2075 49 
 
 Terms of office fixed ; removal ; bonds 2076 49 
 
 Sales"in, how made 2077 49 
 
 Municipal Subscriptions. 
 
 Counties may aid railroads 2558 50 
 
 How made 2559 50 
 
 Election for, held 2560 50 
 
 68 
 
IISTDEX. 
 
 Municipal Subscriptions — Continued. Section. Page. 
 
 How interest on bonds paid 2561 50 
 
 How taxes for bonds collected 2562 51 
 
 Register of Deeds. 
 
 Election for 2650 51 
 
 State Board of Elections — Compensation. 
 
 State board of elections 2760 51 
 
 Register of Deeds — Compensation. 
 
 Register of deeds 2776 51 
 
 Election Officers — Compensation. 
 
 Election officers 2784 52 
 
 Sheriff. 
 
 Election for 2808 53 
 
 Town Commissioners. 
 
 Elected biennially by qualified voters 2919 53 
 
 Elections. 
 
 How far this chapter applicable 2944 53 
 
 When election held 2945 54 
 
 Polling places 2946 54 
 
 Registrars appointed ; public notified ; vacancy 2947 54 
 
 Registrars to take an oath 2948 54 
 
 Registration of voters 2949 54 
 
 Notice of new registration 2950 55 
 
 Registration books revised 2951 55 
 
 When registration books opened and closed; who may 
 
 register 2952 55 
 
 Registration on election day 2953 55 
 
 Vacancies on election day 2954 55 
 
 When books open for challenge 2955 55 
 
 Practice in challenges 2956 56 
 
 Registration books, where deposited 2957 56 
 
 Judges of election appointed ; oath of 2958 56 
 
 Judges superintend election ; poll books 2959 56 
 
 When polls open and close 2960 56 
 
 Who may vote 2961 57 
 
 Ballots and ballot boxes 2962 57 
 
 Ballots counted ; result declared ; void ballots 2963 57 
 
 Board of canvassers ; original returns 2964 57 
 
 When and where board meets ; oath 2965 58 
 
 Board determines result ; tie vote 2966 58 
 
 Notice of special election 2967 58 
 
 Commissioner of Agriculture. 
 
 Election of; vacancy 3938 58 
 
 Special School Tax. 
 
 Special tax may be voted for high schools 4113 59 
 
 Special tax may be voted in cities and towns 4114 60 
 
 Special tax may be voted in special school districts 4115 61 
 
 County Board of Education. 
 
 Election of ; vacancies in, how filled 4119 61 
 
1 » * 3 
 
 
 INDEX. 
 
 County Superintendent, Section. Page, 
 
 Election, qualification and term of office ; vacancy 4135 62 
 
 Contests. 
 
 Notice of, given 4406 62 
 
 Depositions in, taken, how ; penalty on witnesses ; what 
 witness must testify to , 4407 63 
 
 Executive Officers. 
 
 Election ; commencement and duration of term of office ; 
 induction into office 5326 63 
 
 70 
 
€& 
 
 YC 08618