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 NOV 2 1914 
 
 ELECTION 1914 
 
 This Pamphlet is for Preservation 
 and Use in the Precinct, City or 
 Town to which it is Furnished. 
 
 STATE OF NEVADA 
 
 THE 
 
 ELECTION 
 
 LAWS 
 
 Compiled by 
 GEORGE BRODIGAN 
 
 Secretary of State 
 
 Printed at the 
 
 State Printing Office, Carson City 
 
 Joe Farnsworth, Superintendent 
 
 1913 
 
 OF THP 
 
 ulr^iS^I W^^irv '1 
 
VOTERS, TAKE NOTICE! 
 
 Before election day read the law. 
 
 Secure a sample ballot before going to the polls. 
 
 Decide for whom you will vote before going into the booth. 
 
 Obtain your ballot from one of the Clerks of Election. 
 
 You will be allowed only ten minutes in which to prepare 
 your ballot. 
 
 Stamp the cross X after the name for which you vote. 
 
 The cross must be made only with the stamp in black ink. 
 
 Any writing or other marking will invalidate your ballot. 
 
 Fold your ballot before leaving the booth. 
 
 See that the water-mark and number are on the outside. 
 
 Deliver your ballot, folded, with the stamp, ink and ink-pad 
 to the Inspector, and give your name« 
 
 Only one voter can occupy a booth at one time. 
 
 A voter physically disabled may have the assistance of 
 another elector in preparing his ballot. 
 
 Inability to read or write will not be considered a physical 
 disability. 
 
 Drunkenness is not physical disability. 
 
 NOTE— The above are respectfully suggested as some of the instruc- 
 tions to be printed in the card of instruction to voters. Sections 27, 28, 
 29 and 30 of Chap. 5, entitled " An Act relating to elections and removals 
 from office" should be printed on each card. 
 
UWS RELATING TO ELECTIONS 
 
 Chap. 284 — An Act relating to elections and removals 
 
 from office. 
 
 [Approved March 31, 1913] 
 
 The People of the State of Nevada, represented in Senate and 
 Assembly, do enact as follows: 
 
 Chapter 1 — Legal Residence 
 
 Legal Residence Defined. 
 
 Section 1. The legal residence of a person with reference 
 to his or her right of suffrage, eligibility to office or right of 
 naturalization, is that place where he or she shall have been 
 actually, physically and corporeally present within the state 
 or county, as the case may be, during all of the period for 
 which residence is claimed by him or her; provided, how- 
 ever, should any person absent himself from the jurisdiction 
 of his residence with the intention in good faith to return 
 without delay and continue his residence, the time of such 
 absence shall not be considered in determining the fact of 
 such residence. 
 
 Residence Gained or Lost. 
 
 Sec. 2. No person shall be deemed to have gained or lost 
 such a residence by reason of his presence or absence while 
 employed in the military, naval or civil service of the United 
 States, or of the State of Nevada ; nor while engaged in the 
 navigation of the waters of the United States or of the high 
 seas ; nor while a student at any seminary or other institution 
 of learning; nor while kept at any almshouse, or other 
 asylum at public expense, nor while confined in any public 
 prison or jail. 
 
 Residence Not Lost. 
 
 Sec. 3. A person removing from one county, within this 
 state, to another, or from one precinct to another of the same 
 county, within thirty days prior to any election, shall not be 
 deemed to have lost his residence in the county or precinct 
 removed from; provided, he was an elector in such county 
 or precinct on the thirtieth day prior to such election. 
 
 Residence Lost. 
 
 Sec. 4. If a person remove to another state, territory, 
 or foreign country, with the intention of establishing his 
 domicile there, and making it his home, he shall lose his resi- 
 dence in this state. 
 
4 ^ ^ . . . REGISTRATION 
 
 Burden bf^ i^rbbf, ^^ ^' • ' ■ ^ ^' 
 
 Sec. 5. If a person having a fixed and permanent home 
 in this state, break up such home and remove to another 
 state, territory, or foreign country, the intent to abandon his 
 residence in this state shall be presumed, and the burden shall 
 be upon him to prove the contrary ; and the same rule shall 
 obtain when a person, in like circumstances, and in like 
 manner, shall remove from one county or precinct to another 
 within the state. 
 
 Residence of Family Place of Residence. fll 
 
 Sec. 6. If a man have a family residing in one place and^ 
 he does business in another, the former must be considered 
 his place of residence, unless his family be located there for 
 temporary purposes only; but if his famil}^ reside without 
 the state, and he be permanently located within the same, 
 with no intention of removing therefrom, he shall be deemed 
 a resident. 
 
 Sec. 7. If a person remove to another state, territory 
 or foreign country, with the intention of remaining there for 
 an indefinite time, and as a place of present residence, he 
 shall lose his residence in this state, notwithstanding that he 
 may entertain the intention of returning at some uncertain 
 future period ; and an occasional return, either for business 
 purposes or pleasure, to the place of his former abode in this 
 state, shall not be sufficient to preserve his residence therein. 
 
 Chapter 2 — Registration VI 
 
 Section 1. A new registration of the electors of this state 
 shall be made in the year 1914, within the dates hereinafter^! 
 specified, and every two years thereafter. fli 
 
 Sec. 2. After being once registered in any precinct in this 
 state, no elector shall be permitted to reregister in any other 
 precinct until the following biennial registration as hereii 
 provided. If any elector loses his residence in the precinci 
 in which he is registered, by reason of removal therefrom, h( 
 shall acquire the right to vote in his new precinct by a trans-i 
 fer of registration only, as hereinafter provided. 
 
 When Registry Agent Other Than Justice of the Peace May 
 Be Appointed. 
 Sec. 3. The justices of the peace of the several counti( 
 of the state shall be ex officio the registry agents of thei] 
 respective townships, and, as such, their powers and duti( 
 shall be as hereinafter provided in this act ; provided, that ii 
 any townships where, from any cause, there shall be no juj 
 tice of the peace duly commissioned and qualified, or where^ 
 an election district may be situated too distant from the 
 office of the justice of the peace of said township, the com- 
 missioners of the county in which said election district is 
 located may appoint some other competent person to perfori 
 the duties of registry agent, who shall be clothed with 
 
 3r 
 
 i 
 
REGISTRATION 5 
 
 same power and governed by the same restrictions as justices 
 of the peace in the registration of the names of electors under 
 the provisions of this act. All registry agents shall have 
 power to administer oaths or affirmations, and do such other 
 acts as may be necessary to fully carry out the provisions of 
 this act. Any registry agent or ex officio registry agent may 
 appoint a deputy registry agent who, upon the filing of his 
 appointment and oath of office with the county clerk, shall 
 have power to register voters, administer oaths or affirma- 
 tions, and do all such other acts as may be done by a registry 
 agent in carrying out the provisions of this act. Any regis- 
 try agent or ex officio registry agent appointing any deputy 
 shall be responsible for the compensation and acts of such 
 deputy. (As amended. Stats. 1911, p. 332.) 
 
 County Commissioners to Provide Stationery for Registry 
 Agents. 
 
 Sec. 4. The county commissioners of the several counties 
 shall provide for the registry agents, in their respective coun- 
 ties, when and where required, all proper and necessary 
 books and stationery to carry out the provisions of this act. 
 They shall furnish to each registry agent a book which shall 
 be known as the "Official Register," which shall be ruled in 
 columns of suitable dimensions to provide for the following 
 entries opposite the name of each elector, to wit : 
 
 First — Number on the register. 
 
 Second — Date of registry. 
 
 Third — Name of elector. 
 
 Fourth — Age of elector. 
 
 Fifth — Where born. 
 
 Sixth — Last place of residence before coming to Nevada. 
 
 Seventh — First place of residence in Nevada. 
 
 Eighth — Present number of ward, or name of electoral dis- 
 trict. 
 
 Ninth — Description of residence. 
 
 Tenth — Certificate of naturalization exhibited. 
 
 Eleventh — Designating the politics or political party of the 
 elector; provided, that said elector shall not be required to 
 designate his politics or the political party to which he 
 belongs and the registry agent shall not be required to enter 
 the same on the register unless said elector intends to vote at 
 a primary election provided for by law ; and in no event shall 
 any elector, who has refused or failed to indicate his politics 
 or the political party to which he belongs, as herein required, 
 be entitled to vote at any primary election. 
 
 Particular Directions as to Registration of Voters. 
 
 Sec. 5. It shall be the duty of the registry agents, at any 
 time when called on to do so, between the hours of 10 a. m. 
 and 6 p. m,, on all legal days, from and after the first day of 
 July, and up to and including the twentieth day of October, 
 prior to any general election, and in the case of any special or 
 
6 REGISTRATION 
 
 municipal election provided for by law, twenty days prior to 
 closing the register (which shall close ten days prior to the 
 day of election), to receive and register the names of all per- 
 sons legally qualified and entitled to vote at such election, or 
 who will have legally acquired a residence (being otherwise 
 qualified) and right to vote at such ensuing election accord- 
 ing to the provisions of law under which such election may be 
 held, in each election district within their respective town- 
 ships, entering on the official register under the proper head- 
 ing, the number and date of registry, the name (with the 
 first or given name in full, if practicable), the age and 
 nativity of the elector, last place of residence of elector before 
 coming to Nevada, first place of residence of elector in 
 Nevada, together with the number of the ward or name of 
 precinct, and a particular description of the house, building 
 or room in which the elector resides, such as will enable the 
 officer or person desiring to serve notice of objection to vote 
 to find the same without difficulty ; and when the person so 
 registered shall be of foreign birth, the fact of the exhibition 
 of or failure to exhibit his certificate of naturalization shall 
 be noted in the column provided for that purpose, which 
 list, properly entered, as in this section required, shall be 
 known as the "Official Register" of elections of their respect- 
 ive townships ; provided, that for ten days next preceding the 
 day set for closing the registry before any election mentioned 
 in this act, said registry agents shall also be in attendance at 
 their respective offices, and ready to register the names of 
 applicants, at any time between the hours of 7 and 9 
 o'clock p. m., in addition to the hours heretofore required in 
 this section ; provided further, that if any person shall fail or 
 refuse to give his residence and the other information, with 
 the particularity required in this section, he shall not be 
 registered ; and provided further, if the 20th day of October 
 shall fall on Sunday the time for registration shall be 
 extended until 6 p. m. of the 21st day of October ; and pro- 
 vided further, that no person shall be deemed to be registered 
 for the September primary election unless he shall have been 
 so registered on or before the 20th day of August next pre- 
 ceding the date of such election. 
 
 To Publish Notice. 
 
 Sec. 6. The registry agents shall cause to be published in 
 a newspaper published in their county, or if none be so pub- 
 lished, then in the newspaper published nearest to their 
 county-seat, for twenty days before the expiration of the 
 time provided for registration, prior to any general election, 
 and for ten days before the expiration of the time provided 
 by law for registration prior to any special or municipal 
 election, a notice to the effect that the time for registration 
 of the names of the qualified electors in election districts num- 
 ber , township , prior to the election (specify- 
 ing the election), to be held on the day of , 
 
REGISTRATION 7 
 
 A. D., 19.-.., for the county of (or city of ), 
 
 will expire at 6 o'clock p. m., on the day of , A. D., 
 
 19 The publication of said notice shall continue until the 
 
 expiration of the time provided for said registration; pro- 
 vided, that in remote or new and sparsely settled districts 
 written notices posted at not less than five conspicuous places 
 within said district may be substituted for the publication 
 in a newspaper. 
 
 Voter to Take Oath — Form of Oath. 
 
 Sec. 7. Every person applying to be registered shall, 
 before he shall be entitled to have his name registered, take 
 and subscribe the following oath or affirmation, which shall 
 be administered by the registry agent, to wit: 
 
 "I do solemnly swear (or affirm) that I am a citizen of the 
 United States, that I am of the age of twenty-one years, and 
 will have actually and not constructively resided in this state 
 six months, and in the county thirty days next preceding the 
 day of the next ensuing election (or, in case of a municipal 
 election, such length of time as may be required by the act of 
 incorporation), that before coming to the State of Nevada I 
 
 last resided at , in the State of (designating 
 
 such place of residence), that upon first coming to the State 
 
 of Nevada I resided at , in said state (designating 
 
 such place of residence), and that I am not registered else- 
 where in this state. So help me God (or under the pains and 
 penalties of perjury)." 
 
 Whenever an oath is required by the provisions of this act, 
 the elector shall swear according to the form of his religious 
 faith or belief and in such manner as may be considered most 
 obligator}^ on his conscience. 
 
 Oath Required of Elector, When. 
 
 Sec. 8. When any person shall appear and demand to be 
 registered, whom the registry agent shall not know to be 
 entitled to registry, under the qualifications required by law 
 for the election then ensuing, the registry agent may ques- 
 tion the applicant generally, either under oath or not, as to 
 his qualifications as an elector, and, if satisfied, shall enter 
 his name in the registry. But if the registry agent shall 
 not be fully satisfied, or if the applicant be challenged by a 
 qualified elector of the county, stating distinctly the grounds 
 of challenge, the registry agent shall require the applicant to 
 answer trul.y, under oath or affirmation, the following ques- 
 tions together with such other questions as said registry agent 
 may consider necessary and proper, testing his qualifications 
 as an elector for the ensuing election, to wit : 
 
 First — Are you a citizen of the United States ? 
 
 Second — Are you now or will you be twenty-one years of 
 age on or prior to the day of the next ensuing election ? 
 
 Third — On the day of the next ensuing election will you 
 have actually and not constructively resided in this state six 
 
8 REGISTRATION 
 
 months, and in this county thirty days (or in this city 
 
 days or months, as provided by the act of incorpora- 
 tion) next preceding the day of said election? 
 
 Fourth — Are you now a resident of the election district in 
 which you propose to be registered ? 
 
 Fifth — Are you registered for this electoral year in any 
 other election district in the name you have now given, or in 
 any other name ? 
 
 If any of the foregoing questions shall be answered in the 
 negative except the fifth, or that in the affirmative, the appli- 
 cant shall not be registered ; but if the applicant answer all 
 the foregoing questions in the affirmative, except the fifth, and 
 that in the negative, and the registry agent shall still believe, 
 from the answers to such further questions that he may be 
 led by circumstances to ask, that the applicant is not a quali- 
 fied elector, he shall refuse to register the name of said appli- 
 cant. But such applicant may then apply to the district 
 court of his district, or the judge thereof, for a writ of man- 
 damus to compel the proper registration of his name in such 
 election district; and any elector may also apply to the dis- 
 trict court of his district, or the judge thereof, for a writ of 
 mandamus to compel the registry agent to erase from the 
 registered list of electors the name of any person therein reg- 
 istered whom the applicant may know and be able to prove is 
 not a qualified elector; provided, that said registry agent 
 shall have notice and opportunity to be heard before said 
 court, or the judge thereof, and show cause for his refusal. 
 For the purpose of deciding contested questions of regis- 
 tration, the district judges of the various judicial districts 
 shall hold court or sit in chambers at least one day in each 
 county of their respective districts during the ten days imme- 
 diately preceding any general election, during which days 
 cases of contested registration shall take precedence of all 
 other business before such judges or courts. All such cases 
 shall be decided within forty-eight hours after being sub- 
 mitted, and every case shall be decided before the day of 
 election. A resident, within the meaning of this act, shall 
 be construed to mean a person who has resided or will have 
 resided continuously within this state for six months, and in 
 the precinct the time prescribed by law, next preceding the 
 day of the next ensuing election. Every person registered 
 for a September primary election shall be deemed registered 
 for all subsequent elections for which the residence qualifica- 
 tion is included in or implied by the residence qualification 
 of such September primary election, until and including the 
 30th day of June of the next even-numbered year, and regis- 
 trations held subsequent to such September primary regis- 
 tration shall only be for the purpose of registering those not 
 registered for such September primary election, or for any 
 election held subsequent thereto, and prior to the date when 
 
REGISTRATION V 
 
 such person applies for registration. The person so deemed 
 registered shall be subject in all cases to be excluded from 
 the registry by reason of the change of residence, or other 
 causes, as provided elsewhere in this act. 
 
 Sec. 9. Any person entitled to be registered may apply to 
 his proper registry agent, to be registered without personal 
 appearance before the registry agent. Upon receipt of a 
 request from any such person, the registry agent shall furnish 
 him by mail, or otherwise, a blank to be filled out by such 
 applicant for registration. Such blank shall contain the 
 usual headings of the official register and shall also contain a 
 certificate, to be signed by the applicant for registration, that 
 he is a qualified voter of the state, that he is entitled to regis- 
 tration, that he is not registered in any other election pre- 
 cinct in this state, that he makes this certificate for the 
 purpose of being placed on the registration list and that the 
 entries upon the blank are in his own handwriting. These 
 said blanks shall also contain a certificate, to be signed by 
 two qualified electors of the county, that they know the 
 applicant for registration is entitled to be registered by the 
 registry agent in the precinct in which he is applying for 
 registration. The making of a wilful false certificate provided 
 for in this section shall be a misdemeanor and punishable 
 as now provided by law for the punishment of misdemeanors. 
 
 Sec. 10. Upon the receipt by mail, or otherwise, of any 
 such blank form properly filled out and certified as herein 
 provided, prior to the time for the close of registration, the 
 registry agent shall place the name of such applicant upon 
 the official register and shall carefully preserve all such 
 blank forms which shall have been presented to him by appli- 
 cants for registration and who shall have been registered by 
 him as herein provided. 
 
 Naturalized Citizen, How Qualified. 
 
 Sec. 11. When a naturalized citizen shall apply for regis- 
 tration, his certificate of naturalization must be produced 
 and stamped or written in ink by the registry agent, with 
 his name and the year and county where presented ; but if it 
 shall satisfactorily appear to the registry agent, by the oath 
 or affirmation of the applicant (and the oath or affirmation 
 of one or more credible citizens, as to the credibility of such 
 applicant, when deemed necessary), that such certificate of 
 naturalization is lost or destroyed, or beyond the reach of the 
 applicant for the time being, said registry agent shall register 
 the name of the applicant, unless he be by law otherwise dis- 
 qualified; provided, that in case of failure to produce the 
 certificate of naturalization, the registry agent shall pro- 
 pound to him the following questions : 
 
 First — In what year did you come to the United States ? 
 
 Second — In what state, county, court, and year did you 
 declare your intention to become a citizen ? 
 
10 REGISTRATION 
 
 Third — In what state, county, court, and year were you 
 finally admitted to citizenship ? 
 
 Fourth — Where did you last see your certificate of natu- 
 ralization ? 
 
 The answers to the above questions shall be taken down 
 the form of an affidavit, which shall be subscribed and swo 
 to by the applicant and retained in possession by the registr 
 agent, and by him handed over to his successor; providedl 
 that no person shall be required to make the affidavit twice 
 before the same agent, or successor of such agent, having in 
 his possession a former affidavit. 
 
 Registry Agent to Publish Names of Voters — Challenge, How 
 Made and Disposed Of. 
 Sec. 12. On the day next succeeding that on which the 
 registration of electors, prior to any election, mentioned in 
 this act shall have been closed, the registry agents shall, wit 
 all reasonable expedition, prepare, and cause to be w^ritte 
 or printed a full and complete list of all the names registere 
 by them, and then remaining on the official register, for each 
 election district, alphabetically arranged, commencing always 
 with the surname of each; and they shall have printed or 
 written such reasonable number of copies of each district list 
 as in their judgment may be necessary, at least five copies of 
 which they shall cause to be posted up in as many public and 
 conspicuous places within the district to which they apply, 
 and the remainder of such lists shall be distributed among the 
 electors of the respective districts. The registry agents shall 
 give notice in said lists that they will receive objections to 
 the right to vote, on the part of any person so registered, 
 until 6 o'clock p. m. on the tenth day previous to the day 
 of election ; and also requesting all persons whose names may 
 be erroneously entered in said lists to appear at his office and 
 have such error corrected. Such objections to the right to 
 vote shall be made only by a qualified elector in writing, set- 
 ting forth the ground of the objection or disqualification, and 
 sworn to, or affirmed to, to the best of his knowledge and 
 belief. A copy of such written objections, with the name of 
 the objector, together with a copy of notice, requiring the 
 person objected to to appear before the registry agent at a 
 time certain and specified therein, and answer under oath 
 such questions as may be propounded to him by the registry 
 agent, touching his qualifications as an elector, shall be served 
 on the person objected to, and such service shall be good 
 when left at the place of residence of such person objected to, 
 as the same shall appear in the official register, however gen- 
 eral or indefinite may be the description of the same in said 
 register. And no such objections shall be tried unless it 
 shall appear by the return of an officer, or the sworn state- 
 ment of an elector within the county, appended to such 
 notice, that such objections and notice were by him duly 
 
 1 
 
 ^.dMi 
 
 
REGISTRATION 11 
 
 served by copy, as in this section of this act required. At 
 the time specified in the notice, or at such further time as the 
 hearing may be adjourned to, the registry agent, upon being 
 satisfied from the return or affidavit that proper service of 
 notice has been had, as in this section provided, shall proceed 
 to examine such person (if present), under oath, touching 
 all matters specified in such written objections, and respect- 
 ing his general qualifications as an elector, and the testimony 
 of the person making the objections, and any further evidence 
 offered (which the registry agent before whom objections are 
 made may desire to hear in relation thereto) . If the registry 
 agent shall be satisfied, from the answers under oath of the 
 person objected to, or other evidence, that he is not a qualified 
 elector, as required by law, for the next ensuing election, or 
 if such person, so notified as hereinbefore provided and 
 required, shall fail to appear at the time set, or shall fail to 
 show cause for his nonappearance, it shall be the duty of the 
 registry agent to erase his name from the official register; 
 provided, that any person whose name may have been so 
 erased, maj^ apply to the district court or the judge thereof, 
 as is provided in section 6 of this act ; provided, further, for 
 a refusal of any registry agent to perform his duties as regis- 
 try agent, he shall, on conviction thereof, before a court of 
 competent jurisdiction, be punished by a fine of not less than 
 thirty dollars nor more than one hundred dollars, or by 
 imprisonment not less than fifteen nor more than fifty days, 
 or by both such fine and imprisonment. 
 
 Begistry Lists Printed, When. 
 
 Sec. 13. Whenever any board of county commissioners 
 shall deem it necessary to have printed copies of the names 
 upon the register of voters in any election precinct, said 
 board shall cause said list to be printed in such manner, and 
 for such time, in a newspaper or otherwise, as they may deem 
 best calculated to give notice to the public of the names so 
 registered, and shall cause copies thereof to be forthwith fur- 
 nished to the registry agent of said precinct for posting ; pro- 
 vided, that no registry list shall be printed at the charge or 
 expense of a county, and no board of county commissioners 
 shall allow, or auditor approve, any claim therefor, in whole 
 or in part, unless said printing shall have been done at the 
 instance and order of said board ; and provided further, that 
 in no case shall the whole amount allowed by said board, 
 approved by the auditor, or paid by the county for print- 
 ing any registry list, exceed the sum of fifteen cents for each 
 name upon said list and printed ; and provided further, that 
 in all cases of such publication, subsequent to the date of the 
 September primary election, such published list shall include 
 only the names of electors not registered and entitled to vote 
 at a previous election, under the provisions of section 8 of 
 this chapter. 
 
12 REGISTRATION 
 
 Copies of Register and Check Lists To Be Furnished. 
 
 Sec. 14. During the time intervening between the closing 
 of any registration of electors and the day of the next ensu- 
 ing election, the registry agents shall carefully copy from the 
 official register, into suitable books, one for each election 
 district within their respective townships, the names of all 
 electors registered for such election district, alphabetically 
 arranged (the surname first), entering opposite each name 
 the number it bears on the official register, together with all 
 other entries therein found opposite such name. The regis- 
 try agent shall also prepare, not later than the day next pre- 
 ceding that on which the election is to be held in "index 
 books," one for each election district, and which shall be 
 known as the "check list," lists of the names of all electors 
 found on the official register for such election districts, alpha- 
 betically arranged (the surname first), with the number such 
 name bears in the official register placed at the left of the 
 name of the elector, and with a blank column at the right of 
 the column of names, formed by two parallel perpendicular 
 lines, in which the inspectors of election shall check the names 
 of those voting, by some particular character, as for instance, 
 thus "V" for voted. Said blank columns last mentioned 
 shall have written "headings" made by the registry agents, 
 showing what particular election said "check lists" apply to, 
 as for instance, "voted at general election, 1868," or "voted 
 at city election, 1869." The copy of the official register, 
 together with the "check list," for each election district, as 
 herein provided, shall be carefully prepared and duly cer- 
 tified to by the registry agent, and delivered to some one of 
 the inspectors of election, in each election district, at a time 
 not later than the day next preceding that on which such 
 election is to be held, and such "check lists" shall be carefully 
 preserved and transmitted by the inspectors of election to the 
 clerk of the board of county commissioners, in connection 
 with and as a part of the "election returns," as provided by 
 law. 
 
 Transfers — ■ Certain Electors Given Certificates Entitling 
 Them to Vote in Choice of Precincts Under Certain Con- 
 ditions. 
 Sec. 15. Any registered elector, moving from one election 
 district to another, prior to the day of the ensuing election, 
 may apply to the registry agent before whom he has already 
 been registered for that electoral year, at any time prior to 
 the delivery of the certified copies of register to the inspectors 
 of election, and have his name taken off the official register, 
 and receive from the registry agent a certificate showing sub- 
 stantially that he was on a certified date duly registered in 
 
 the official register of Township No , in the county of , 
 
 and that his name has been erased at his own request ; which 
 certificate shall entitle him to have his name registered in 
 
 I 
 
REGISTRATION 13 
 
 the same manner as other names are registered, in any other 
 election district either within the same county or any other 
 county, for said election ; provided, that it shall satisfactorily 
 appear to the registry agent receiving the certificate, and to 
 whom application is made for the second registration, that the 
 applicant will have resided such length of time within such 
 county and election district, prior to the next ensuing elec- 
 tion, as is or may be provided by law to entitle him to vote. 
 Any registered elector employed in moving trains, stages, 
 mails or otherwise upon any of the transportation routes in 
 this state may apply to the registry agent before whom he 
 has been already registered for that electoral year, at any 
 time prior to the delivery of the certified copy of the register 
 to the inspectors of election, and have his name taken off the 
 official register and receive from the registry agent a cer- 
 tificate as above provided. Upon presenting, at any time 
 not later than one hour prior to the closing of the polls, to 
 the inspectors of election, in any precinct on the railroad, 
 stage line or transportation route on which he is employed, 
 including the precinct in which he originally registered, the 
 certificate mentioned above, and his written affidavit, which 
 may be subscribed and sworn to before any of the inspectors 
 of election, or any officer authorized to administer oaths, 
 stating that he was so suddenly called away or detained by 
 the transportation business in which he is employed that he 
 did not have time to vote in the precinct in which he was 
 originally registered, or to reregister under his transfer in 
 that or any other precinct before the delivery of the certified 
 copy of the register to the inspectors of election, the inspectors 
 of election shall accept and file the certificate and affidavit and 
 shall cause the name of the elector to be entered upon the 
 certified copy of the register and the check-list under the 
 designation "Electors allowed to vote upon presentation of 
 certificate and affidavit on election day," and shall thereupon 
 allow the elector to vote, the same as if his name had origi- 
 nally appeared upon the register, or certified copy thereof, 
 and check-list. That a legal voter who has complied with 
 the law regarding registration, and whose business may take 
 him away from his home county and his own voting pre- 
 cinct on election day, may go to the registry agent of his 
 precinct and have issued to him a certificate stating his resi- 
 dence and the voting precinct wherein he is duly registered 
 and entitled to vote, together with all necessary informa- 
 tion that would safeguard the use of such certificate. Said 
 certificate to also have blanks for filling out by the election 
 board to whom presented, together with the holder's sworn 
 statement that he is one and the same person to whom such 
 certificate was issued. Upon presentation of such certificate, 
 properly issued and sworn to, the election board to whom such 
 voter presents said certificate, shall issue to said voter a short 
 ballot from which all legislative, district and county officers 
 
14 REGISTRATION 
 
 shall be left off. A quantity of such short ballots to be issued 
 to one central voting precinct in each town or city of 500 
 population or over. These ballots to be counted in the voting 
 precinct where cast, but the election board shall take up such 
 certificate when a ballot is issued to the holder thereof, to be 
 returned to the registry agent who issued same, in order to 
 prevent fraudulent repeating. This provision to apply only^, 
 to national and state eleotions. M 
 
 Oath of Registry Agents. 
 
 Sec. 16. Before entering upon the duties prescribed in 
 this act, the registry agents (excepting justices of the peace 
 who have been duly qualified) shall severally take, subscribe 
 before an officer duly authorized to administer oaths the fol- 
 lowing oath or affirmation, which shall be filed in this officii 
 of the county clerk of their respective counties, to wit: ^| 
 
 I, , registry agent for election districts 
 
 numbers and , in the county of , and State of 
 
 Nevada, do solemnly swear (or affirm) that I will perform 
 all the duties of registry agent in and for said election dis- 
 tricts according to law and the best of my ability, and that 
 in the discharge of my duties as such registry agent I will 
 honestty endeavor to prevent fraud, deceit, or any other 
 manner of abuse of the elective franchise, so help me God (oj 
 under the pains and penalties of perjury). 
 
 Compensation of Registry Agents. 
 
 Sec. 17. The several registry agents shall be entitled t( 
 receive, as full compensation for all services rendered by 
 them under the provisions of this act the sum of twenty-fivj 
 cents for each name by them legally registered in each elecf 
 oral year, which shall be a valid claim against their respecl 
 ive counties; and their accounts shall be made out so as 
 clearly show the number of names by them severally regis- 
 tered during the electoral year, and sworn to and filed witl 
 the board of county commissioners of their respective coui 
 ties; and said claims, together with all other just and ref 
 sonable demands of other persons for books, advertising and 
 printing, necessarily incurred in carrying out the requir^j 
 ments of this act, shall be audited and paid out of the countjBI 
 funds of the several counties as other county charges; pro- 
 vided, that the expenses incurred in publishing the notices 
 and printing the lists of electors prior to any municipal 
 election shall be charged against and shall be paid by the 
 corporate authorities of the municipality holding such elec- 
 tion. 
 
 Registry Agents to File Complete List of Voters With County 
 
 Clerk. 
 
 Sec. 18. It shall be the duty of each and every registry 
 
 agent, before receiving pay for his services as such, to send 
 
 the county clerk of the county wherein he is serving, a full 
 
 3r 
 
 1 
 
 ov 
 
 i 
 
 IS- ' 
 
REGISTRATION 15 
 
 and complete list of the registered voters in his precinct, 
 with their ages and postoffice address. 
 
 County Clerk to Forthwith Certify Said Lists hy Precincts 
 
 to Secretary of State. 
 
 I Sec. 19. It shall be the duty of each and every count}^ 
 
 i clerk throughout the state upon receiving the said list of 
 
 I registered voters from the different registry agents of the 
 
 different precincts in each county, to furnish forthwith a 
 
 certified copy of said registry list, containing the names 
 
 and postoffice address of the said registered voters in each 
 
 and every county, by precincts, to the secretary of state, 
 
 who shall upon receipt file the same in his office. 
 
 Death of Registry Agent — Duties of County Commissioners. 
 Sec. 20. It shall be the duty of the chairman of the board 
 of county commissioners of any county in this state, upon 
 receiving notice from any responsible citizen of the death 
 or resignation of any registry agent in his county after the 
 opening and prior to the closing of the books of registra- 
 tion, to immediately, without giving notice, appoint some 
 competent person to fill such vacancy. 
 
 Must Qualify. 
 
 Sec. 21. It shall be the duty of such person so appointed 
 to qualify within two days after receiving notice of such 
 appointment. 
 
 Voters May Register Elsewhere in County. 
 
 Sec. 22. In case of the failure of such persons so 
 lappointed to qualify within time herein provided, voters 
 may, upon producing evidence as to their right to vote, be 
 registered at any other precinct in said county. 
 
 Legal Voter, When Considered. 
 
 Sec. 23. Any person so registered shall, upon presenta- 
 tion and surrender of a certificate of registration, signed by 
 the registry agent of said precinct, be considered a legal 
 voter in any precinct of said county. 
 
 Name Must Be on List. 
 
 Sec. 24. No person shall be entitled to vote at any elec- 
 tion mentioned in this act unless his name shall, on the day 
 of election, appear in the "check-list" furnished by the reg- 
 istry agent to the inspector of election of the election dis- 
 trict at which he offers to vote; and the fact that his name 
 30 appears in the "check-list," and in the copy of the official 
 register in the possession of the inspectors of election, shall 
 be prima facie evidence of his right to vote; provided, that 
 when the inspectors of election shall have good reason to 
 believe, or when they shall be informed by a qualified elector, 
 that the person offering to vote is not the person who was 
 registered in that name, the vote of such person shall not be 
 received until he shall have proved his identity as the per- 
 son who was registered in that name. 
 
16 REGISTRATION 
 
 Fraudulent Voting a Felony. 
 
 Sec. 25. Any person who shall vote at any election men- 
 tioned in this act, who shall not be a qualified elector, or 
 any person who, being a qualified elector, shall vote, or offer 
 to vote, in the name of any other registered elector, shall be 
 deemed guilty of a felony, and on conviction thereof before 
 any court of competent jurisdiction, shall be punished by 
 imprisonment in the state prison for not less than one nor 
 more than three years; and any person who shall wilfully 
 cause, or endeavor to cause, his name to be registered in any 
 other election district than that in which he resides, or will 
 reside prior to the day of the next ensuing election ; and any 
 person who shall cause, or endeavor to cause, his name to 
 be registered, knowing that he is not a qualified elector, or 
 will not be a qualified elector on or before the day of the 
 next ensuing election, in the election district in which he 
 causes or endeavors to cause such registry to be made; and 
 any other person who shall induce, aid or abet any such per- 
 son in the commission of either of such acts in this section 
 enumerated and described, shall be deemed guilty of a mis- 
 demeanor, and, upon conviction thereof before any court of 
 competent jurisdiction, shall be punished by a fine of not 
 less than fifty dollars nor more than five hundred dollars, 
 or by confinement in the county jail for not less than one 
 month nor more than six months, or both such fine and 
 imprisonment, in the discretion of the court. 
 
 Perjury, and Penalty for. 
 
 Sec. 26. All wilful, corrupt and false swearing or affirm- 
 ing before any registry agent shall be deemed perjury, and 
 on conviction shall be punished as such. If any registry 
 agent, or any other person in any manner concerned, shall 
 wilfully and corruptly violate any of the provisions of this 
 act, the penalty for which is not herein specifically pre- 
 scribed, he shall be punished for each and every offense 
 whereof he shall be convicted, by imprisonment in the state 
 prison for a term not less than one year nor more than five 
 years, or by fine of not less than one hundred nor more than 
 one thousand dollars, or both such fine and imprisonment, in 
 the discretion of the court. 
 
 Sec. 27. The provisions of section 28 to 33 of this act 
 sh^ll apply only to the registration of electors in any incor- 
 porated city within this state polling more than 2,000 votes 
 at the last preceding general election, and are intended to be 
 supplemental to the preceding sections of this act providing 
 for the registration of the names of electors. 
 
 Sec. 28. The county commissioners of the several coun- 
 ties shall provide for the registry agents, as now constituted 
 by law, in their respective counties, when and where required 
 all proper and necessary books and stationery to carry out 
 the provisions of this act. They shall furnish to each registry 
 
REGISTRATION 17 
 
 agent whose duty it is to register the electors in any incor- 
 porated city within this state, polling more than two thou- 
 sand votes at the last preceding general election, a book to 
 1)6 known as the "Official Register," which shall be ruled in 
 columns of suitable dimensions to provide for the following 
 entries opposite the name of each elector, to wit : 
 
 First — Number on the register. 
 
 Second — Date of registry. 
 
 Third — Name of elector. 
 
 Fourth — Age of elector. 
 
 Fifth— Where born. 
 
 Sixth — Number of ward or name of electoral district. 
 
 Seventh — Description of residence. 
 
 Eighth — Certificate of naturalization exhibited. 
 
 Ninth — Signature of the elector. 
 
 Tenth — Number of identification statement. 
 
 Eleventh — Politics of the elector. 
 
 Each column shall be so marked by printed or written 
 words at the top thereof on each page of such official register 
 as to indicate the nature of the entries to be made therein. 
 Such official register shall be in such number of volumes as 
 shall equal the number of voting or polling places in such 
 incorporated city. 
 
 Signature of Elector — Questions To Be Answered hy Elector 
 Unable to Write. 
 
 Sec. 29. In registering electors in any such incorporated 
 city as mentioned in section 1 of this act, it shall be the duty 
 of the registry agent to make the appropriate entries in each 
 column of such official register, except in the ninth column, 
 and in said ninth column it shall be the duty of the registry 
 agent to procure from the elector his signature by having the 
 elector sign therein his name in ink or indelible pencil; and 
 the elector shall, with his own hand and without assistance, 
 using an indelible pencil or ink, sign his name; provided, 
 that if the elector alleges his inability so to sign, the registry 
 agent shall read to the elector the following questions from 
 a book furnished by the county commissioners and to be 
 known as "Identification Statements for Registration Day," 
 and said registry agent shall write down in said book the 
 answers of the elector to said questions, each answer being 
 written after the question to which it is an answer. Said 
 questions so read shall be the following : 
 
 What is your name? 
 
 What is or was your father's full name? 
 
 What is or was your mother's full name? 
 
 What is your occupation? 
 
 What is the name of your present employer? 
 
 If unemployed, what is the name of your last employer ? 
 
 Where is or was his place of business ? 
 
 Are 3^ou married or single? 
 
18 REGISTRATION 
 
 Where did you actually reside prior to taking up your 
 present residence? 
 
 At the bottom of each list of questions shall be printed 
 the following statement : " I certify that I have read to the 
 above-named elector each of the foregoing questions and 
 that I have truly recorded his answers as above to each of 
 said questions," and said registry agent, who has made the 
 above record, shall forthwith sign his name to said certificate 
 and date same. 
 
 The above questions shall be printed on separate sheets of 
 paper which shall be furnished said registry agent, bound 
 together in book form and numbered consecutively, and the 
 number corresponding to the number on each sheet, contain- 
 ing said list of questions shall be entered, when questions 
 have been answered, in the tenth column in the official reg- 
 ister of electors. Said book of identification statements shall 
 be kept at all times by the registration agent or other proper 
 officer or officers with the said official register. 
 
 Questions and Answers Transmitted to Election Board. 
 
 Sec. 30. Each of said registration agents shall cause 
 such registration of electors and said questions of electors 
 and said questions for identification to be so kept that the 
 same shall be in form to be transmitted to the inspectors of 
 elections, and all the electors registering shall be classified 
 according to the polling or voting places at which they are 
 each respectively entitled to vote, and all electors entitled to 
 vote at any particular polling place in the same book, or 
 have the questions put to them recorded in one book or 
 bound together in such manner as the registry agent shall 
 determine, and no electors entitled to vote at different polling 
 places shall be registered in the same book. And no change 
 shall be made in polling places which in any wise interferes 
 with the purposes of this act. 
 
 Original Official Register Delivered to Election Board. 
 
 Sec. 31. In addition to the books now required by law to 
 be delivered by registry agents to the inspector or inspectors 
 of elections, the registry agent shall deliver not later than 
 the day preceding that on which the election is to be held, 
 to some one of the inspectors of election in each polling or 
 voting place in any such incorporated city, the original 
 official register containing the names and original signatures 
 of all electors registered and entitled to vote at such polling 
 place, together with the original or true copies of the identi- 
 fication statements for all electors entitled to vote at such 
 polling place, if any there be. 
 
 Oath to Sivear In Vote, When. 
 
 Sec. 32. If any elector registered under the provisions 
 of this act shall transfer to any other incorporated city 
 mentioned in section 1 thereof, or if any duly registered 
 elector shall transfer to any such incorporated city, after the 
 
REGISTRATION 19 
 
 closing of registration, and shall demand his right to vote 
 at the election and shall, by reason of such transfer, not be 
 able to be indentified thereat by his signature taken at the 
 time of registering as provided in this act, or by said identi- 
 fication statements, he shall, if his right to vote be challenged 
 or questioned, before being given a ballot, prove to the satis- 
 faction of the inspector or inspectors of election, by the oath 
 of two qualified electors, that he is the same person who so 
 registered in said other voting precinct and has been trans- 
 ferred and is mentioned in said certificate of transfer, which 
 oath shall be reduced to writing and by the elector subscribed 
 and sworn to before one of the inspectors of election, who 
 shall also sign his name thereto in a book to be known as 
 the "Transfer Book," which shall be kept in the same man- 
 ner as the other election books. 
 
 Signature of Voter at Polls, When — Identification Certificate. 
 Sec. 33. At any and all elections hereafter to be held in 
 any such incorporated city, if any person except as provided 
 by section 5 demanding his right to vote shall be challenged, 
 or his right to vote be questioned, he shall, before receiving 
 a ballot, sign his name by his own hand and without assist- 
 ance, using an indelible pencil or ink, in a book provided by 
 the inspectors of elections and to be known as the " Signature 
 Book" and to be so labeled in printed or written words in ink, 
 together with the name and description of the polling place. 
 If the elector on election day alleges his inability to so sign, 
 then one of the election clerks, to be designated by the chair- 
 man of the election board or chairman of the inspectors of 
 elections, if there be a chairman, if not then by any inspector 
 of elections for such polling place, shall read the same list 
 of questions to the elector as were required to be read at the 
 time of registration from a book to be provided for election 
 day, and be known as "Identification certificates for elec- 
 tion day," and said clerk shall write the answers of the 
 elector thereto. Each of these questions shall be numbered, 
 and a number corresponding to the number on the statement 
 sheet shall be entered opposite the name of the elector in 
 the index book now provided for by law. The questions 
 answered on registration day by the elector shall not be 
 turned to until all the answers to said questions shall have 
 been written down on election day by said election clerk. 
 Any person who shall prompt a voter in answering any 
 questions provided for in this act shall be guilty of a fel- 
 ony, and upon conviction shall be imprisoned in the peniten- 
 tiary for not more than two years. At the bottom of each 
 list of questions provided to be asked an elector on election 
 day shall be printed or written the following statement : " I 
 certify that I have read to the above-named elector each of 
 the foregoing questions and that I have truly recorded his 
 answers as above to each of said questions," and said election 
 
20 PRIMARY ELECTIONS 
 
 clerk who has made the said record shall sign his name 
 to the said certificates and date the same, and note the time 
 of day of making such record. The comparison of signa- 
 tures of an elector made on registration and election days, 
 or the comparison of the answers made by an elector on 
 registration and election days shall be had in full view of 
 watchers, and the right to challenge electors shall exist until 
 the ballot shall have been deposited in the ballot box. If the 
 signatures or answers, as the case may be, made upon regis- 
 tration day do not correspond, in the judgment of a majority 
 of the inspectors of elections, then the person so offering to 
 vote shall not be entitled to a ballot. And that shall be the 
 only test as to whether the person offering to vote is the 
 same person who registered under the name offered to be 
 voted by such person so offering to vote. No other identifica- 
 tion of electors shall be necessary nor permitted. 
 
 Chapter 3 — Primary Elections 
 
 Words Construed. 
 
 Section 1. The words and phrases in this act shall, unless 
 such construction be inconsistent with the context, be con- 
 strued as follows : 
 
 The words "primary election," any and every primary 
 nominating election provided for by this act. 
 
 The words "September primary election," the primary 
 election held in September to nominate candidates to be 
 voted for at the ensuing November election. 
 
 The word "election," a general or city, or city and county 
 election, as distinguished from a primary election. 
 
 The words "November election," the presidential election, 
 the general state election, district, county, township, or city 
 and county election held in November. 
 
 This statute shall be liberally construed, so that the real 
 will of the electors shall not be defeated by any informality 
 or failure to comply with all provisions of law in respect to 
 either the giving of any notice or the conducting of the pri- 
 mary elections or certifying the results thereof. 
 
 Nominations, How Made. 
 
 Sec. 2. All candidates for elective public offices shall be 
 nominated as follows: 
 
 1. By direct vote at primary elections held in accordance 
 with the provisions of this act ; or 
 
 2. By nominating petitions signed and filed as provided 
 by existing laws. Party candidates for the office of United 
 States senator shall be nominated in the manner provided 
 herein for the nomination of candidates for state offices. 
 
 This act shall not apply to special elections to fill vacancies, 
 to the nomination of party candidates for presidential elect- 
 ors, nor to the nomination of officers of the incorporated 
 
• PRIMARY ELECTIONS 21 
 
 cities, whose charters or ordinances now or may hereafter 
 ])rovide a system for nominating candidates for such offices, 
 nor to the nomination of officers for reclamation and irriga- 
 lion districts; nor to school district officers or "school trustees; 
 nor shall it be construed as restricting or affecting the right 
 of political parties to hold, under existing laws, which are 
 liereby continued in force for all such purposes, primaries 
 and conventions for the selection of delegates to national 
 conventions. 
 
 September Primary Election. 
 
 Sec. 3. The September primary election shall be held in 
 each precinct on the first Tuesday in September for the 
 nomination of all candidates to be voted for at the ensuing 
 November election. Any primary election other than the 
 September primary election shall be held on Tuesday three 
 weeks next preceding the election for which such primary 
 <4ection is held. 
 
 Duties of Secretary of State and County or City Clerks. 
 
 Sec. 4. 1. At least sixty days before the time for holding 
 such September primary election in 1914, and biennially 
 thereafter, the secretary of state shall prepare and transmit 
 to each county clerk and to the city clerk in any city a notice 
 in writing designating the offices for which candidates are 
 to be nominated at such primary election. 
 
 2. Within ten days after receipt of such notice such 
 county clerk or city clerk in any city shall publish so much 
 thereof as may be applicable to his county once in each week 
 for three successive weeks, in one newspaper published in 
 such county or city and county. 
 
 13. In the case of September primary elections for the 
 nomination of candidates for city or city and county officers 
 to be voted for at the November election in the odd-num- 
 bered years, the city clerk or secretary of the legislative body 
 in any such city shall cause the publication of notice of such 
 primary election, together with a complete statement of the 
 offices for which candidates are to be nominated, once in 
 each week for three successive weeks in one newspaper of 
 general circulation published in such city and county, the 
 last publication to be made not more than forty and not less 
 than fourteen days before such primary election. 
 
 Other Primary Elections. 
 
 4. In the case of primary elections other than the Sep- 
 tember primary elections the city clerk or secretary of the 
 legislative body of the political subdivision for which such 
 primary election shall be held shall cause one publication of 
 such notice to be given, such publication and posting to be 
 not more than forty and not less than fourteen days before 
 such primary election. 
 
22 PRIMARY ELECTIONS 
 
 Notice To Be Posted Fifteen Days Previous to Election 
 Day — Special Election, Eight Days. 
 Sec. 5. The respective registry agents, to whom such 
 notice shall be delivered, shall put up in three of the most 
 public places of each precinct the notices referring to such 
 precincts at least fifteen days previous to the time of holding 
 any general election, and at least eight days previous to the 
 time of holding any special election; one of said notices to 
 be posted at the house where the election is authorized to be 
 held, and the others at two of the most public and suitable 
 places in the precinct. 
 
 Time in Which County Clerks Shall Deliver to Registry 
 Agents Notices of Election. 
 
 Sec. 6. The several boards of county commissioners shall 
 cause their clerks at least twenty (20) days before any gen- 
 eral election and at least fourteen (14) days before any 
 special election to make out, and send by mail to the respect- 
 ive registry agents of their county, three (3) written or 
 printed notices for the election, to be, as nearly as circum- 
 stances will admit, as follows : 
 
 Notice is hereby given that on the first Tuesday, the 
 
 day of next, at the house of (in city, town, 
 
 district or precinct) of , in the county of , 
 
 an election will be held for state, county, district, town or 
 township officers (naming the offices to be filled, as the case 
 may be), which election shall be opened not later than 8 
 o'clock a. m., shall continue until 6 o'clock p. m. of the 
 
 same day. Dated this day of , A. D 
 
 (Signed) A. B., clerk of the board of county commissioners. 
 
 Nomination Paper Filed Thirty Days Before September Pri- 
 mary Election — Fourteen Days in Other Primaries. 
 Sec. 7. a. The name of no candidate shall be printed on 
 an official ballot used at any primary election unless, at 
 least thirty days prior to the primary election, if the candi- 
 date is to be voted for at the September primary election, 
 and at least fourteen days prior to the primary election 
 other than the September primary election, he shall file a 
 nomination paper with the proper official as hereinafter pro- 
 vided by this act, such nomination paper to be under oath 
 and in substantially the following form : 
 
 Nomination Paper of , for the office of 
 
 State of Nevada, county of , ss. 
 
 For the purpose of having my name placed on the official 
 primary election ballot as a candidate for nomination by 
 
 the party as its candidate for the office of \, 
 
 I, the undersigned , do solemnly swear (or affirm) 
 
 that I reside at No , street, in the city (or town) of 
 
 --, county of State of Nevada, and that I am a 
 
 qualified elector of the election precinct in which I reside; 
 
PRIMARY ELECTIONS 23 
 
 that I am a member of the party, that I believe in 
 
 and intend to support the principles and policies of such 
 political party in the coming election; that I affiliated with 
 such party at the last general election of this state and 
 I voted for a majority of the candidates of such party at 
 the last general election (or did not vote at such general 
 election, giving reasons) ; that I intend to vote for a majority 
 of the candidates of said party, at the ensuing election for 
 which I seek to be a candidate; that if nominated as a can- 
 didate of said party at said ensuing election I will 
 
 accept such nomination and not withdraw; that I will not 
 knowingly violate any election law or any law defining and 
 prohibiting corrupt and fraudulent practice in campaigns 
 and elections in this state; and that I will qualify for said 
 office if elected thereto. 
 
 (Signature of candidate for office.) 
 
 Subscribed and sworn to before me this day of , 
 
 19-—, notary public (or other officer authorized to 
 
 administer an oath). 
 
 b. In the case of an elector seeking a nomination for the 
 office of state senator or member of the assembly, he may 
 include with his affidavit one of the two statements herein- 
 after set forth in this section and subdivision. His failure 
 to include either such statement shall not be a valid ground 
 for refusal to receive and file his nomination paper or 
 papers by the secretary of state, county clerk or register of 
 voters in any city and county as the case may be. Such 
 statements, if any be made, shall be in substantially the fol- 
 lowing form : 
 
 I further declare to the people of Nevada, and to the peo- 
 ple of (senatorial or assembly) district, that dur- 
 ing my term of office, without regard to my individual pref- 
 erence, I will always vote for that candidate for United 
 States senator in congress who has received for that office 
 the highest number of the people's votes for that position at 
 the general election next preceding the election of a senator 
 in congress. 
 
 (Signature of candidate for nomination.) 
 
 If the candidate be unwilling to sign the above statement, 
 he may sign the following declaration, which shall be filed 
 with his nomination paper : 
 
 I further declare to the people of Nevada, and to the peo- 
 ple of the (senatorial or assembly) district, that 
 
 during my term of office I shall consider the vote of the peo- 
 ple at any primary election for United States senator as 
 nothing more than a recommendation, which I shall be at 
 liberty wholly to disregard as I see fit. 
 
 (Signature of candidate for nomination.) 
 
 c. Nothing herein shall be construed as prohibiting the 
 independent nomination of candidates to be voted for at 
 any general election, by electors or bodies of electors, as now 
 
24 PRIMARY ELECTIONS 
 
 ^ 
 
 provided by law, but a candidate defeated at a primary 
 election held under the provisions of this act shall be inel- 
 igible for nomination to the same office at the same election. 
 
 Nominations, Where Filed. 
 
 Sec. 8. All nomination papers provided for by this act 
 shall be filed as follows : 
 
 1. For state officers, United States senators, representative 
 in congress and all officers voted for in districts comprising 
 more than one county, in the office of the secretary of state. 
 
 2. For officers to be voted for wholly within one county, 
 city, town or township, in the office of the county clerk of 
 such county. 
 
 3. For city officers, in the office of the city clerk or secre- 
 tary of the legislative body of such city or municipality. 
 
 Fees From Candidates at Primary Elections. 
 
 Sec. 9. Any candidate filing a nomination paper as pro- 
 vided in section 5a, with the proper officer as provided in 
 section 6 shall pay to such officer a fee for such filing as fol- 
 lows: 
 
 If a candidate for nomination for any state office, or any 
 district office voted in more than one county, or representa- 
 tive or United States senator in congress, one hundred dollars. 
 
 If a candidate for any district office voted for wholly in 
 one county, fifty dollars. 
 
 If a candidate for any county office, twenty-five dollars. 
 
 If a candidate for state senator, twenty-five dollars. 
 
 If a candidate for assemblyman, fifteen dollars. 
 
 If a candidate for justice of the peace, constable or other 
 town or township office, ten dollars. 
 
 No filing fee shall be required from a candidate for an 
 office the holder of which receives no compensation. 
 
 Fees, How Disposed Of. 
 
 Sec. 10. The county clerk shall immediately pay to the 
 county treasurer all fees received from candidates. The city 
 clerk or secretary of the legislative body of any municipality 
 shall immediately pay to the city treasurer all fees received 
 from candidates. Immediately after the last day for filing 
 nomination papers the secretary of state shall pay to the 
 state treasurer all fees received from candidates, and shall 
 apportion the fees paid to him by each candidate equally 
 among the counties within which such candidate is to be 
 voted for and certify such apportionment to the state con- 
 troller, who shall issue warrants on the state treasurer for 
 the amount due each county and the state treasurer shall pay 
 the same. 
 
 All Ballots, etc., Paid for From Public Treasuries. 
 
 Sec. 11. The expense of providing all ballots, blanks and 
 other supplies to be used at any primary election provided 
 for by this act, and all expenses necessarily incurred in the 
 
 I 
 
PRIMARY ELECTIONS 25 
 
 preparation for or the conduct of such primary election, 
 shall be paid out of the treasury of the city, town or town- 
 ship, county or state, as the case may be, in the same man- 
 ner, with like effect and by the same officers as in the case of 
 an election. 
 
 Secretary of State to Certify Nominations — County Clerks 
 to Publish Nomination and Notice of Primary Elections. 
 Sec. 12. At least twenty-five days before any September 
 primary election preceding a November election the secretary 
 of state shall transmit to each county clerk of any county a 
 certified list containing the names and postoffice address of 
 each person for whom nomination papers have been filed in 
 the office of such secretary of state and who is entitled to be 
 voted for in such county at such primary election, together 
 with a designation of the office for which such person is a 
 candidate and of the party or principle he represents. Such 
 county clerk shall forthwith, upon receipt thereof, publish 
 under the proper party designation the title of each office, 
 the names and addresses of all persons for whom nomination 
 papers have been filed, the date of the primary election, 
 the hours during which the polls will be open, and that the 
 primary election will be held at the regular polling places 
 in each precinct, which shall be particularly designated. It 
 shall be the duty of the county clerk to cause such publication 
 to be made once a week for two successive weeks prior to said 
 primary election. 
 
 Not Published in More Than One Paper. 
 
 Sec. 13. Every publication required by this act shall be 
 made in a newspaper of general circulation published in such 
 county or city or town or township. 
 
 All Parties on Separate Tickets — Various Regulations as to 
 Ballots, Size of Type — Instructions to Voters — Names 
 of Candidates in Alphabetical Order — Form of Ballot. 
 
 Sec. 14. 1. All voting at primary elections within the 
 meaning of this act shall be by ballot, and the respective 
 tickets of all political parties shall be printed on separate 
 ballots. 
 
 It shall be the duty of the county clerk of each county to 
 provide such printed official ballots to be used at any Sep- 
 tember primary election for the nomination of candidates to 
 be voted for in such county, town or township, at the ensuing 
 November election. 
 
 It shall be the duty of the city clerk or secretary of the 
 legislative body of any municipality to provide such printed 
 official ballots for any primary election other than the Sep- 
 tember primary election. 
 
 All official ballots shall be printed on plain white paper. 
 The secretary of state shall furnish the paper necessary to 
 print said ballots, and it shall be the duty of the secretary of 
 state to obtain and keep on hand a sufficient supply of such 
 
26 PRIMARY ELECTIONS 
 
 paper for ballots, and to furnish the same in quantities 
 ordered to any county clerk. 
 
 Such paper shall be watermarked with a design furnished 
 by the secretary of state in such manner that the said water- 
 mark shall be plainly discernible on the outside of such bal- 
 lot when properly folded, and such design shall be changed 
 at each primary election. 
 
 2. Official primary election ballots used at any primary 
 election for the nomination of candidates to be voted for at 
 any presidential or general state election shall not be less 
 than twelve inches wide, and enough wider to conform to 
 the requirements of the following provisions of this section, 
 and as long as the herein prescribed captions, headings, party 
 designations, directions to voters, and lists of names of can- 
 didates, properly subdivided according to the several offices 
 to be nominated for, may require; and no official primary 
 election ballot shall be less than six and one-half inches wide. 
 
 3. Across the top of the ballot shall be printed in black- 
 faced capital type, not smaller than forty-eight point, the 
 words: "Official Primary Election Ballot." 
 
 Beneath this shall be printed in not smaller than eighteen- 
 point type the name of the party, and beneath this the name 
 of the county and town, or township, wherein such ballot is 
 to be used, together with the date of such primary election. 
 
 In the case of official primary election ballots to be used at 
 any primary election held for the nomination of candidates 
 other than those to be voted for at a presidential or general 
 state election the words "Official Primary Election Ballot" 
 shall be printed thereon in heavy- faced gothic capital type 
 not smaller than twenty-four point. 
 
 4. At least three-eighths of an inch below the name of the 
 county and town or township as aforesaid, and the date of 
 the primary election, shall be printed in ten-point black-face 
 type, double-leaded, the following: "Instructions to Voters." 
 
 To vote for a candidate of the party you have designated, 
 make a cross (X) in the square at the right of the name of 
 the person for whom you desire to vote. 
 
 5. The "Instructions to Voters" shall be separated from 
 the lists of candidates thereof and the designation of the 
 several offices for which nominations are to be made by one 
 light and one heavy line or rule. 
 
 6. The names of the candidates for each office shall be 
 grouped in alphabetical order according to the surnames 
 of the candidates for such office and each group shall be 
 preceded by the designation of the office for which the can- 
 didates seek nomination and the words "Vote for one" or 
 "Vote for two" or more, according to the number to be nom- 
 inated. Such designation of the office to be nominated for 
 and of the number of candidates to be nominated shall be 
 printed in heavy-faced gothic type, not smaller than eight- 
 point. The word or words designating the office shall be 
 
PRIMARY ELECTIONS 27 
 
 printed flush with the left-hand margin, and the words 
 "Vote for one" or "vote for two" or more, as the case may 
 be, shall extend to the extreme right of the column and over 
 the voting square. The designation of the office and the 
 direction for voting shall be separated from the names of 
 the candidates by a light line. 
 
 7. The names of the candidates shall be printed on the 
 ballot in gothic capital type not smaller than eight-point, 
 between light lines or rules three-eighths of an inch apart. 
 To the right of the names of the candidates shall be printed 
 a light line or rule so as to form a voting square three- 
 eighths of an inch square. 
 
 Each group of names of candidates shall be separated 
 from the succeeding group by one light and one heavy line 
 or rule. 
 
 All official primary ballots shall have printed on the back 
 and immediately below the center thereof in eighteen-point 
 gothic capital type the words "Official Primary Election 
 Ballot," and beneath these words the respective counties in 
 which each ballot is to be voted. 
 
 8. All voting at primary elections under the laws of this 
 state shall by ballot and the respective tickets of all polit- 
 ical parties shall be printed on separate ballots and the 
 election officers shall not deliver any ballot to any elector 
 other than the ballot containing the ticket of the party to 
 which he belongs, as shown by the register. 
 
 9. Where there is no party contest for any office the name 
 of the candidate for party nomination shall be omitted from 
 the ballot and shall be certified by the proper officer as a 
 nominee of his party for such office. 
 
 10. The primary election ballot shall be printed in the 
 following form and the ballots shall be bound, numbered, 
 and perforated, as provided in the Australian ballot law : 
 
 [See following page.] 
 
28 
 
 PRIMARY ELECTIONS 
 
 OS 
 
 
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 00 Q 
 
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 Eh 
 
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 CQ 
 
 DC 
 
 < 
 CL 
 
 UJ 
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 (f) 
 (/) 
 LU 
 DC 
 
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 DC 
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PRIMARY ELECTIONS 29 
 
 Sample Ballots To Be on Yellow Paper — Submitted to County 
 Chairman — County Clerk to Correct Errors on Ballot — 
 City Clerk's Duties in Municipal Primary. 
 
 Sec. 15. At least twenty days before the September pri- 
 mary election each city clerk or county clerk in any city or 
 county shall prepare sample ballots for such election, plac- 
 ing thereon alphabetically, according to surnames under the 
 appropriate title of each office the same as hereinbefore 
 described for the official ballot, the names of all candidates 
 for whom nomination papers have been duly filed with him, 
 or have been certified to him by the secretary of state, to be 
 voted for at the primary election in his county or city and 
 county. Such sample ballots shall be printed on yellow 
 paper, and be conspicuously marked with the words "Sample 
 Ballot." 
 
 Such clerk shall forthwith submit a copy of said ballot to 
 the chairman of the county committee of each political party 
 represented on such ballot and shall mail a copy to each can- 
 didate for whom a nomination paper has been filed with him, 
 or whose name has been certified to him by the secretary of 
 state, to the postoffice address as given in such nomination 
 paper or certification, and shall post a copy of said sample 
 ballot in a conspicuous place in his office, and such clerk 
 shall print for general distribution one sample ballot for each 
 voter in each precinct, and shall distribute said sample bal- 
 lots not less than ten days before said primary election by 
 sending said sample ballots to the registration agent or agents 
 of the several precincts for distribution. 
 
 On the tenth day before such primary election the county 
 clerk shall correct any errors or omissions in the ballot, caus- 
 ing same to be printed as in this act provided, and to be 
 distributed as provided by law, except that the number of 
 ballots to be furnished to each voting precinct shall be oppor- 
 tioned at the ratio of one hundred and fifty such ballots for 
 each one hundred voters registered in each precinct for each 
 primary election. 
 
 In the case of primary elections for the nominations of 
 candidates for city offices it shall be the duty of the city 
 clerk or secretary of the legislative body of such city or 
 municipality, or such other officer charged by law with the 
 duty of preparing and distributing official ballots used at 
 elections in such city or municipality, to prepare and dis- 
 tribute the sample and official primary election ballots, and 
 so far as applicable and not otherwise provided herein the 
 provisions of this act shall apply to the nomination of all 
 candidates for city offices; provided, that the lists of candi- 
 dates shall be posted and published at least ten days prior 
 to such primary election and the official ballots printed at 
 least four days before the day of holding such primary elec- 
 tion. 
 
30 PRIMARY ELECTIONS 
 
 Primary Election Officers. 
 
 Sec. 16. The officers of primary elections shall be the sa 
 as provided by law for general elections, and such officers 
 shall receive the same compensation for their services at pri- 
 mary elections as provided by law for general elections. It 
 shall be the duty of the proper officers to furnish certified 
 copies of the official register, together with the check-list for 
 election district, to one of the inspectors of election as now 
 provided by law. 
 
 Regular Election Laws to Govern — Fees of Registry Agent. 
 
 Sec. 17. That the qualifications and regulations of voters 
 at primary elections shall be subject to the same tests and 
 governed by the same provisions of law and rules and regu- 
 lations as are now prescribed by law for other elections, and 
 the same officers who prepare and furnish registers for gen- 
 eral elections shall prepare and furnish them for use at pri- 
 mary elections, and it shall be the duty of the proper officers 
 to furnish a certified copy of the register and supplements 
 thereto, for use at primary elections, which said register shall 
 show the names of all voters entitled to vote at such elections. 
 Said register shall be made by taking the names of all voters 
 on the register used at the last general election in the city, 
 town or county, together with supplemental registers or 
 additions showing all additional registrations, changes and 
 corrections made since the last general registration. The sup- 
 plemental registers to be made as follows : All persons enti- 
 tled to register or vote at any primary election in any town, 
 city or county whose names are not upon the register, or who 
 may be entitled to transfer their registration, shall be entitled 
 to be registered or transferred so as to enable them to vote 
 at such primary elections, and for that purpose it shall be 
 the duty of the officer charged with the registration of voters 
 of such town, city or county to keep his office open for at least 
 fifty days prior to fifteen days immediately preceding such 
 primary election, and to register all voters entitled to vote 
 at such primary election. Said registry agent shall be paid 
 a reasonable sum for copying the names from one register to 
 another, the amount to be fixed by the county commissioners 
 of the county; for all new names he shall be paid as now 
 allowed by law. 
 
 Sec. 18. Any elector desiring to vote at any primary elec- 
 tion shall give his name and address to the ballot clerk who 
 shall immediately announce the same, but no ballot shall be 
 delivered to any elector except such as has the right to 
 vote as herein provided ; such elector 's right to vote may be 
 challenged by any elector upon any of the grounds now 
 allowed by law for a challenge of a right to vote at any gen- 
 eral election, and upon the additional grounds that such 
 elector has not registered, or his narAe does not appear upon 
 the register as required by law, or that he does not belong to 
 the political party designated' upon the register, or that the 
 
PRIMARY ELECTIONS 31 
 
 register does not show that he designated his politics or the 
 political party to which he belongs. All challenges shall be 
 disposed of in the same manner as provided by law for gen- 
 eral elections. The voter shall be instructed, if necessary, 
 by a member of the board as to the proper method of mark- 
 ing and folding his ballots and he shall then retire to an 
 unoccupied booth and without delay stamp the same with a 
 rubber stamp provided for that purpose. If he shall spoil or 
 deface a ballot, he shall at once return the same to the ballot 
 clerk who shall cancel the same and deliver to him another 
 ballot. 
 
 No elector shall be entitled to vote at primary elections 
 unless he has heretofore designated to the registry agents 
 his politics or political party to which he belongs and has 
 caused to be entered upon the register by such registry agents 
 his politics or the political party to which he belongs. The 
 provisions of this section shall apply to all registrations 
 required by law. 
 
 When Ballot Void — Manner of Marking Ballot — Ballot Not 
 Rejected for Technical Error. 
 
 Sec. 19. a. The voter shall designate his choice on the bal- 
 lot of candidates of his party by stamping a cross (X) in the 
 small square opposite the name of each candidate for whom 
 he desires to vote. If he shall stamp more names than there 
 are candidates to be nominated for any office, or if for any 
 reason it is impossible to determine his choice for any office, 
 his ballot shall not be counted for such office, but the rest of 
 his ballot, if properly stamped, shall be counted. 
 
 No ballot shall be rejected for any technical error which 
 does not render it impossible to determine the voter's choice 
 for candidates of his party, nor even though such ballot be 
 somewhat soiled or defaced. 
 
 Deposit of Ballot. 
 
 Sec. 20. When a voter has stamped his ballot he shall fold 
 it so that its face shall be concealed and only the printed 
 designation on the back thereof shall be visible, and hand 
 the same to a member of the board in charge of the ballot- 
 box. Such folded ballot shall be placed in the ballot-box in 
 the presence of the voter, and the name of the voter checked 
 upon the register as having voted. 
 
 Polls Open Continuously — Proviso. 
 
 Sec. 21. No adjournment or intermission whatever shall 
 take place until the polls shall be closed and until all the 
 votes cast at such polls shall be counted and the result pub- 
 licly announced, but this shall not be deemed to prevent any 
 temporary recess while taking meals or for the purpose of 
 other necessary delay ; provided, that no more than one mem- 
 ber of the board shall at any time be absent from the polling- 
 place. 
 
32 PRIMARY ELECTIONS 
 
 Canvass, How Conducted. 
 
 Sec. 22. As soon as the polls are finally closed the judges 
 must immediately proceed to canvass the votes cast at such 
 primary election. The canvass must be public, in the pres- 
 ence of bystanders, and must be continued without adjourn- 
 ment until completed, and the result thereof declared. Except 
 as hereinafter provided, the canvass shall be conducted, com- 
 pleted and returned as provided by law. 
 
 The number of ballots agreeing or being made to agree 
 with the number of names on the lists, as now provided by 
 law, the board must take the ballots from the box and count 
 all the votes cast for each party candidate for the several 
 offices and record the same on separate tally-lists for each 
 party. 
 
 County Commissioners to Canvass Primary Returns — Duties 
 of County Clerk and Secretary of State. 
 
 Sec. 23. The board of county commissioners of each 
 county, or in the case of a city or municipal primary election, 
 the officers charged by law with the duty of canvassing the 
 votes at any city or municipal election in such political sub- 
 division, shall meet at the usual place at 1 o'clock in the 
 afternoon of the first Friday after such primary election 
 to canvass the returns. 
 
 If, at any time of meeting, the returns from each precinct 
 in the county, city and county, or other political subdivision 
 in which polls were open have been received, the board must 
 then and there proceed to canvass the returns; but if all 
 these returns have not been received the board may adjourn 
 to 1 o'clock in the afternoon of the following Monday, when 
 the canvass shall begin and be continued until completed, 
 which shall not be later than 6 o'clock of the afternoon of the 
 tenth day following such primary election. 
 
 The clerk of the board must, as soon as • the result is 
 declared, enter upon the records of such board a statement of 
 such result, which statement shall contain the whole number 
 of votes cast for each candidate of each political party, and 
 a duplicate as to each political party shall be delivered to the 
 county, city and county, or city chairman of each political 
 party as the case may be. 
 
 The clerk shall also make an additional duplicate state- 
 ment in the same form, showing the votes for each candidate 
 not voted for wholly within the limits of such county, or city 
 and county. The county clerk in any county shall forthwith 
 send to the secretary of state by registered mail one complete 
 copy of all returns as to such candidates and as to all can- 
 didates for the state assembly, state senate, representatives 
 in congress, and judicial offices, except justices of the peace. 
 
 The clerk shall also prepare a separate statement of the 
 names of the candidates of each political party who have 
 received the highest number of votes for the several offices 
 to be voted for wholly within such count}^ city and county 
 
PRIMARY ELECTIONS 33 
 
 or other political subdivision in which such primary election 
 was held. 
 
 The secretary of state shall, not later than the twenty-fifth 
 day after any primary election, compile the returns for all 
 candidates voted for in more than one county, and for all 
 candidates for the assembly, state senate, representatives in 
 Congress and judicial officers, except justices of the peace, 
 and shall make out and file in his office a statement thereof. 
 
 Certificate of Nomination, How Issued — Secretary of State 
 to Issue Nomination Certificates for State and National 
 Offices, and Complete Returns for U. S. Senator. 
 
 Sec. 24. The person receiving the highest number of votes 
 at a primary election as the candidate for the nomination of 
 a political party for an office shall be the candidate of the 
 party for such office, and his name as such candidate shall be 
 placed on the official ballot voted at the ensuing election. 
 
 It shall be the duty of the officers charged with the canvass 
 of the returns of any primary election in any county, city 
 and county, or municipality to cause to be issued official cer- 
 tificates of nomination to such party candidates as have 
 received the highest number of votes as the candidates for the 
 nomination of such party for any offices to be voted for 
 wholly within such county, city and county, or municipality ; 
 and cause to be issued to such county committeeman a cer- 
 tificate of his election. 
 
 It shall be the duty of the secretary of state to issue official 
 certificates of nomination to candidates nominated under 
 provisions of this act for representative in congress and offi- 
 cers voted for in more than one county. 
 
 It shall also be the duty of the secretary of state to com- 
 pile the returns for United States senator in congress, if any, 
 and prepare a statement thereof. A duplicate of such state- 
 ment in so far as it shall be applicable to such party shall be 
 transmitted to the state chairman of each political party. 
 And it shall be the duty of the secretary of state to transmit 
 duplicates of such statements to the speaker of the assembly 
 and to the president of the senate on the first daj^ of the next 
 ensuing session of the legislature, together with his official 
 certificates of nomination for the candidates for United 
 States senator in congress who received the highest number 
 of votes cast by their respective party at the primary election. 
 
 County Platform and Selection of State Central Committees. 
 Sec. 25. On the second Tuesday after any September pri- 
 mary election at the hour of 2 p. m., all the candidates of each 
 political party to be voted for wholly within any county 
 (including state senators and assemblymen) shall meet at the 
 courthouse at the county-seat of such county and there 
 organize, and adopt a county party platform and elect a 
 county committee to consist of not less than one nor more 
 than three electors for each voting precinct, but each pre- 
 
34 PRIMARY ELECTIONS 
 
 cinct shall be represented by the same number of committee- 
 men; such county committeemen shall hold office for the 
 term of two years and until their successors are elected. A 
 vacancy in such committee may be filled by the remaining 
 members. 
 
 State central committees shall be elected as hereinafter 
 provided ; each such committee may select an executive com- 
 mittee and shall choose its officers by ballot and each com- 
 mittee and its officers shall have the powers usually exercised 
 by said committees and the officers thereof in so far as may 
 be consistent with this act. 
 
 The various officers and committees now in existence shall 
 exercise the powers and perform the duties herein prescribed 
 until their successors are chosen in accordance with the pro- 
 visions of this act. 
 
 State Platforms, How Formulated — Proxies — State Central 
 Committees. 
 
 Sec. 26. In the years when a governor and other state 
 officers are to be elected the candidates for state officers and 
 for senate and assembly nominated by each political party 
 whose term of office extends beyond the first Monday in Janu- 
 ary of the year next ensuing shall meet at the state capital at 
 2 o'clock in the afternoon on the fourth Tuesday of Septem- 
 ber after the date on which any primary election is held pre- 
 liminary to such general state election. They shall forthwith 
 formulate the state platforms of their party, which said state 
 platform of each political party shall be framed at such time 
 that it shall be made public not later than 6 o'clock in the 
 afternoon of the following Thursday. 
 
 Members of such conventions may be represented thereat 
 by proxy duly executed, but no person other than a member 
 shall act as proxy for a member. 
 
 It shall also proceed to elect a state central committee, to 
 consist of at least one and not more than three members from 
 each county, who shall hold office until a new state central 
 committee shall have been elected. In years when a state 
 convention assembles to select delegates to a national conven- 
 tion, to nominate a candidate for president and for vice- 
 president of the United States, such state convention shall 
 have the power to formulate their party platform and to 
 select such new state central committee, which shall consist 
 of at least one member from each county, which committee 
 shall hold and exercise its powers until the candidates for 
 state offices and for senate and assembly to be voted for at the 
 next ensuing state election shall assemble and select their suc- 
 cessors. Such state central committee shall meet and organ- 
 ize at a time and place to be designated by the body selecting 
 such state central committee, and such committee may then 
 and thereafter select an executive committee. 
 
PRIMARY ELECTIONS 35 
 
 Vacancies, How Filled. 
 
 Sec. 27. Vacancies occurring after the holding of any 
 primary election shall be filled by the party committee of 
 the city, county, city and county, district or state, as the 
 case may be. 
 
 Tie Votes, How Decided. 
 
 Sec. 28. In the case of a tie vote, if for an office to be 
 voted for wholly within one county, or city and county, the 
 county, city and county, and city board, as the case may be, 
 shall forthwith summon the candidates who have received 
 such tie votes to appear before such board, and such board in 
 the presence of such candidates shall determine the tie by lot. 
 In the case of a tie vote for an office to be voted for in more 
 than one county, such tie shall be determined by lot by the 
 secretary of state in the presence of the candidates. 
 
 Errors or Omissions, How Corrected. 
 
 Sec. 29. Whenever it shall be made to appear by affidavit 
 to any justice of the supreme court or judge of the district 
 court of the proper county that an error or omission has 
 occurred or is about to occur in the placing of any name on 
 an official primary election ballot, that any error has been 
 or is about to be committed in printing such a ballot, or 
 that any wrongful act has been or is about to be done by any 
 judge or clerk of a primary election, county clerk, registrar 
 of votes in any city or county, canvassing board or any mem- 
 ber thereof, or other person charged with any duty concern- 
 ing the primary election, or that any neglect of duty has 
 occurred or is about to occur, such justice of the supreme 
 court or judge of the district court shall order the officer or 
 person charged with such error, wrong or neglect [ed] to 
 forthwith correct the error, desist from the wrongful act or 
 perform the duty or forthwith show cause why he should 
 not do so. Any person who shall fail to obey the order of 
 such justice of the supreme court or judge of the district 
 court shall be cited forthwith to show cause why he shall 
 not be adjudged in contempt of court. 
 
 Contested Nomination, How Proceeded With. 
 
 Sec. 30. Any candidate at a primary election desiring to 
 contest the nomination of another candidate for the same 
 office may proceed within five days after the completion of 
 the canvass as provided in section 23 of this act. And the 
 contestee shall be required by the order of such justice of 
 the supreme court or judge of the district court to appear 
 and abide the further order of the court. 
 
 Neglect or Misfeasance of Filing Office Punished — General 
 Law to Govern Primaries. 
 Sec. 31. Any officer in whose office an}'- nomination paper 
 has been properly filed who shall wrongfully either suppress, 
 
36 GENERAL ELECTIONS 
 
 neglect or fail to cause the filing thereof to be noted at the 
 proper time and in the proper place, shall be guilty of a 
 misdemeanor, and upon trial and conviction thereof shall 
 be punished by a fine of not less than one hundred dollars 
 or more than five hundred dollars or imprisonment in the 
 county jail for not less than thirty days nor more than six 
 months, or by both such fine and imprisonment. 
 
 Any act or omission declared to be an offense by the gen- 
 eral laws of this state concerning primaries and elections 
 shall also in like case be an offense concerning primary, 
 elections as provided for by this act, and shall be punished 
 in the same manner and form as therein provided, and all 
 penalties and provisions of the law governing elections, 
 except as herein otherwise provided, shall apply in equal 
 force to primary elections as provided for by this act. 
 
 Chapter 4 — General Elections 
 
 General Elections, When Held. 
 
 Section 1. A general election shall be held in the several 
 election precincts in this state, on the Tuesday next after the 
 first Monday of November, one thousand nine hundred and 
 fourteen, and every two years thereafter, at which there 
 shall be chosen all such officers as are by law to be elected in 
 such year, unless otherwise provided for. 
 
 Duties of County Commissioners — Precinct Established, How 
 and When — Number of Voters in Precinct. 
 
 Sec. 2. It shall be the duty of boards of county com- 
 missioners to establish election precincts and define the 
 boundaries thereof, and to alter, consolidate and abolish the 
 same as public convenience or necessity may require; pro- 
 vided. 
 
 First — That no new precinct shall be established except 
 upon the petition of ten or more qualified electors, perma- 
 nently residing in the district sought to be established, 
 showing that they reside more than ten miles from any poll- 
 ing place in said county, unless it shall appear to the satis- 
 faction of said board that not less than fifty qualified electors 
 reside in said precinct, in which event said precinct may 
 be established without regard to the distance which said 
 electors reside from another polling place or precinct. 
 
 Second — That no election shall be held in any precinct 
 in which there shall not be at least ten qualified electors, 
 permanently residing therein at the time notice of holding 
 election therein shall be given. 
 
 Third — All qualified electors residing in any election pre- 
 cinct in which there are less than ten qualified electors per- 
 manently residing at the time notice of holding elections 
 are given, shall be entitled to register and vote in the elec- 
 tion precinct having a polling place nearest their residence, 
 by the usual traveled route. 
 
GENERAL ELECTIONS 37 
 
 Fourth — That no election precinct shall be established or 
 election held at any place in any precinct within one mile of 
 another voting place in the same county, unless there shall 
 have been polled, at the said voting place, at the next pre- 
 ceding general election, not less than fifty votes. 
 
 The several boards of county commissioners in the coun- 
 ties of this state in providing for and proclaiming election 
 precincts shall so arrange and divide the voting places in the 
 respective counties so that no greater number than four 
 hundred voters shall vote in one precinct. 
 
 It shall be the duty of said boards of county commis- 
 sioners, at their first regular meeting in July preceding each 
 general election (and fifteen days preceding each special 
 election), to appoint three capable and discreet persons, 
 possessing the qualifications of electors Cwho shall not be 
 of the. same political party), to act as inspectors of election 
 at each election precinct; and the clerk of said board shall 
 forthwith make and deliver to said inspectors personally, 
 notice thereof in writing, or deposit the same in the post- 
 office, registered, and postage prepaid, directed to the regis- 
 try agent of the precinct for which each of said inspectors 
 is appointed, and it shall be the duty of said registry agents, 
 within ten days after the receipt thereof, to serve the same 
 upon each of said inspectors of election. 
 
 Sheriff to Deliver Poll-Books and Other Supplies to 
 Inspector. 
 Sec. 3. It shall be the duty of the board of county com- 
 missioners to cause their clerks to furni<*h the sheriff with 
 poll-books and all other supplies required to be provided by 
 said board of inspectors and clerks of election, and the clerk 
 shall at the same time deliver to the sheriff the ballot boxes 
 and keys, the official ballots, the sample ballots and printed 
 instructions all together to one of the inspectors of every 
 election precinct in the county, at least one day before the 
 time of holding any election. 
 
 Duties of Inspectors of Election — Penalty for Neglect. 
 
 Sec. 4. If in any precinct any of such inspectors are 
 unwilling to serve as inspectors they shall notify the board 
 of county commissioners thereof, within five days after the 
 receipt of the notice of their appointment, who shall imme- 
 diately appoint some suitable person to fill the vacancy and 
 to serve at such election. A failure to notify the board of 
 county commissioners of any unwillingness to serve as 
 inspector, as herein provided, shall subject the person to a 
 penalty of not less than ten nor more than one hundred dol- 
 lars, to be sued for and recovered by said board of county 
 commissioners, for the use of the county, before any justice 
 of the peace of such county. If, through any accident, sick- 
 ness or inability on the day of election, of such inspectors, 
 or any one thereof, to serve, the inspector or inspectors 
 
38 GENERAL ELECTIONS 
 
 ^ 
 
 present on the morning of the election may appoint some 
 suitable person to fill the vacancy. 
 
 Duties of Inspectors of Election. 
 
 Sec. 5. The said inspectors shall choose two persons hav- 
 ing similar qualifications with themselves to act as clerks of 
 the election. The said inspectors shall be and continue 
 inspectors of all elections of civil officers to be held in their 
 respective precinct, until other inspectors shall be appointed 
 as hereinbefore directed ; and the said clerks of election may 
 continue to act as such during the pleasure of the inspectors 
 of election. 
 
 Election Officers To Be Sworn. 
 
 Sec. 6. Previous to votes being taken, the inspectors and 
 clerks of election shall, severally, take the prescribed official 
 oath, and, in addition thereto, an oath or affirmation in the 
 following form, to wit : 
 
 I, A. B., do solemnly swear (or affirm), as the case may be, 
 that I will perform the duties of inspector (or clerk, as the 
 case may be) of the election to be held this day, according 
 to law and to the best of my ability, and that I will stu- 
 diously endeavor to prevent fraud, deceit, and abuse in any 
 manner, in conducting the same. So help me God (or if 
 an affirmation under the pains and penalties of perjury). 
 
 Who May Administer Oaths. 
 
 Sec. 7. In case there shall be no judge or justice of the 
 peace present at the opening of the election, or in case such 
 judge or justice shall be appointed inspector or clerk of the 
 election, they are hereby empowered to administer the oath 
 or affirmation to each other, and to the clerks of the election, 
 and the person administering the oath or affirmation shall 
 cause an entry thereof to be made and subscribed by him in 
 the poll-books. 
 
 Opening and Closing Polls. 
 
 Sec. 8. At all elections to be held under this act, the polls 
 shall be open at the hour of 8 o'clock in the forenoon, and 
 continue open until 6 o'clock in the afternoon of the SMme 
 day, at which time the polls shall be closed ; provided, w^hen- 
 ever at any election all the votes of the precinct as shown 
 by the registry list, shall have been cast, the inspectors shall 
 immediately close the polls and shall forthwith begin the 
 counting of the ballots, and continue the same without 
 unnecessary delay until the count is completed. Upon open- 
 ing the polls, one of the clerks, under the direction of the 
 inspectors, shall make proclamation of the same, and thirty' 
 minutes before closing of the polls, proclamation shall be 
 made in like manner that the polls will be closed in half an 
 hour; provided further, if at the hour of closing there are 
 any voters in the polling place, or in line at the door, who 
 
GENERAL ELECTIONS 39 
 
 are qualified to vote and have not been able to do so since 
 appearing, the polls shall be kept open a sufficient time to 
 enable them to vote. But no one who shall arrive at the 
 polling place after 6 o 'clock in the afternoon shall be entitled 
 to vote, although the polls may be open when he arrives. No 
 adjournment or intermission shall be taken except as pro- 
 vided in the case of election. 
 
 Ballot Boxes Furnished. 
 
 Sec. 9. There shall be provided and kept by the county 
 commissioners of each county, at the expense of the county, 
 a suitable ballot box, with a lock and key, for each precinct, 
 and they shall furnish the same to the inspectors of each elec- 
 tion precinct or district within their county. 
 
 Ballot Boxes To Be Examined. 
 
 Sec. 10. There shall be an opening through the lid of 
 each box of no larger size than shall be sufficient to admit 
 a single folded ballot. Before opening the polls, the ballot 
 box shall be carefully examined by the inspectors of election, 
 that nothing may remain therein ; it shall then be locked and 
 the key thereof delivered to one of the inspectors, to be des- 
 ignated by the majority thereof, and shall not be opened 
 during the election, except in the manner and for the pur- 
 pose hereinafter mentioned. 
 
 Duties of Officers of Election. 
 
 Sec. 11. It shall be the duty of the inspectors of election, 
 at each poll, at every election, to have before them a certified 
 copy of the register of voters of the precinct or district for 
 which they are the inspectors provided by law; and the 
 inspector to whom any ticket may be delivered shall, upon 
 receipt thereof, pronounce with an audible voice the name 
 of the person offering to vote, and another one of the inspect- 
 ors shall examine the certified copy of the register, and if 
 the name of the person is found thereon, his ticket shall 
 immediately be put in the ballot box without being inspected, 
 if it be a folded ballot. The name of the elector shall then 
 be checked on the certified copy of the register, and the 
 clerks of election shall enter his name and number in the 
 poll-book. No person shall be permitted to vote whose name 
 is not on the register, and who shall refuse to comply with 
 
 the requirements of section of this act. Said register 
 
 shall be [open] to said inspectors of election conclusive evi- 
 dence of the right of the person to vote whose name appears 
 upon the same; provided, that said inspectors of election 
 may require any person to give true answers under oath or 
 affirmation to all such questions as they may desire to ask 
 touching the identity of the person with the name in or under 
 which he may wish to vote; provided, that in all cases said 
 ballots shall be printed on a good quality of white book 
 paper. 
 
40 GENERAL ELECTIONS 
 
 Legality of Ballot. 
 
 Sec. 12. Whenever a question arises in the board as to 
 the legality of a ballot, or any part thereof, and the board 
 decide in favor of the legality, such action shall be taken as 
 in the case of a rejected ballot. 
 
 Prohibition Under Penalty, 
 
 Sec. 13. Every person who makes, offers or accepts any 
 bet or wager upon the result of any election, or upon the 
 success or failure of any person or candidate, or upon the 
 number of votes to be cast, either in the aggregate or for 
 any particular candidate, or upon the vote to be cast by any 
 person, is guilty of a misdemeanor. 
 
 County Commissioners to Determine Number of Deputy 
 Sheriffs to Serve at Election. 
 Sec. 14. It shall be the duty of the board of county com- 
 missioners of the several counties of the state to determine 
 the number of special deputy sheriffs to be appointed by the 
 sheriff of the several counties to serve at each election pre- 
 cinct, for the purpose of preserving order and making 
 arrests, to be paid as other fees. 
 
 Who May Challenge — Oath of Elector on Challenge. 
 
 Sec. 15. A person offering to vote may be orally chal- 
 lenged by any elector of the precinct, upon the ground 
 that he is not the person entitled to vote as claimed, or has 
 voted before on the same day, in which the inspector or one 
 of the judges shall tender him the following oath: "You do 
 swear (or affirm) that you are the person whose name is 
 entered upon the registry list of this precinct." In case such 
 person refuse to take the oath so tendered, he shall not be 
 allowed to vote, and the clerks of the election shall write 
 the word "Challenged" opposite the name of each person 
 challenged upon the register. 
 
 Vote Canvassed, How. 
 
 Sec. 16. As soon as the polls of election shall be finally 
 closed the inspectors shall immediately proceed to canvass 
 the vote given at such election; and the canvass shall be 
 made public and continue without adjournment until com- 
 pleted. 
 
 Vote Canvassed, When. 
 
 Sec. 17. The canvass shall commence by a comparison of 
 the poll-lists from the commencement, and a correction of 
 any mistake that may be found therein, until they shall be 
 found to agree. The box shall then be opened and the bal- 
 lots contained therein taken out and counted by the inspect- 
 ors, and opened so far as to ascertain whether each ballot is 
 single; and if two or more ballots shall be found so folded 
 together as to present the appearance of a single ballot, 
 they shall be laid aside until the count of the ballots is 
 completed ; and if, on comparison of the count with the poll- 
 lists and the appearance of such ballots, a majority of the 
 
GENERAL ELECTIONS 41 
 
 inspectors shall be of the opinion that the ballots thus 
 folded together were voted by one elector, they shall be 
 rejected, and carefully sealed up in an envelope, upon which 
 shall be written the reason for their rejection, and shall be 
 signed by the inspectors, and placed back in the ballot box, 
 to be retained with the other ballots, as provided in section 
 of this act. 
 
 Ballot Box, How Purged. 
 
 Sec. 18. If the ballots in the box shall be found to exceed 
 in number the whole number of votes on the poll-lists, they 
 shall be replaced in the box, after being purged as above, 
 and one of the inspectors, with his back turned to the box, 
 shall publicly draw out and destroy therefrom so many bal- 
 lots, unopened, as shall equal the excess. 
 
 Duties of the Clerks of Elections. 
 
 Sec. 19. The ballots and poll-lists agreeing, or being 
 made to agree, the board shall then proceed to count and 
 ascertain the number of votes cast, and for whom cast, and 
 when completed the clerks shall set down in their poll-books 
 the name of every person voted for, written at full length, 
 the office for which such person received such votes, and the 
 number he did receive, the number being expressed in writ- 
 ing at full length, and also in figures; such entry to be 
 made, as nearly as the circumstances will admit, in the fol- 
 lowing form, to wit: 
 
 At an election held at the house of A. B., in the town (or 
 
 precinct) of , in the county of , and the State 
 
 of Nevada, on the day of , A. D , the follow- 
 ing-named persons received the number of votes annexed 
 to their respective names for the following-described offices, 
 to wit : 
 
 A. B. had votes for member of congress. 
 
 C. D. had votes for state treasurer. 
 
 E. F. had votes for state controller. 
 
 G. H. had votes for state superintendent of public 
 
 instruction. 
 
 I. J. had votes for member of state senate. 
 
 K. L. had votes for member of the assembly. 
 
 (And in like manner for any person voted for.) Certified 
 by us : M. N., 
 
 O.P., 
 Q.R., 
 Inspectors of Election. 
 
 Attest : A. B., 
 
 CD., 
 Clerks of Election. 
 
 Disposition of Ballots After Canvass — Disposition of 
 Returns and Ballot Box. 
 Sec. 20. The inspectors shall file the ballots on a string, 
 inclose and seal the same, together with one of the tally lists 
 
42 GENERAL ELECTIONS 
 
 and one of the poll-books, under cover, directed to the clerk 
 of the board of county commissioners of the county in which 
 such election was held, or such other officer as is herein pro- 
 vided, indorsed "Election Returns"; provided, that if said 
 clerk of the board of county commissioners, as county clerk, 
 or any one of the following-named county officers was voted 
 for office at the last election, he shall not be the custodian of 
 such election returns ; but such returns shall be directed and 
 delivered to the county officer who was not a candidate and 
 voted for office- in the following order: Second — The county 
 recorder. Third — The county treasurer. Fourth — The 
 county assessor. Fifth — The chairman of the board of 
 county commissioners. Sixth — One of the county commis- 
 sioners. And said custodian shall comply with the provis- 
 ions of section 21 of this act. The packet thus sealed shall 
 be conveyed by one of the inspectors or clerks of election, 
 to be determined by lot, if they cannot otherwise agree, or 
 by some person to be agreed upon by the inspectors, and 
 delivered to said clerk of the board of county commissioners, 
 or the county officer as herein provided, at his office within 
 ten days from the close of the polls. The poll-book, tally 
 list, certified copy of register, ballot box and ballots thus 
 enclosed and sealed shall, after the canvass of the votes by 
 the board of county commissioners, be deposited in the office 
 of the board of county commissioners, and preserved until 
 the next general election. The other poll-books and tally 
 lists shall be deposited with one of the inspectors of election, 
 to be determined by lot, if not otherwise determined, agreed 
 upon, and said poll-book or tally list deposited with the 
 board of county commissioners, shall be subject to the inspec- 
 tion of any elector, at any time thereafter, who may wish to 
 examine the same; provided, however, that the ballots so 
 deposited with the board of county commissioners shall not 
 be subject to the inspection of any one, except in cases of 
 contested elections, and then only by the judge, body or 
 board before whom such election is being contested. 
 
 Duties of Inspectors of Election. 
 
 Sec. 21. At every election hereafter to be held in this 
 state, in precincts which are by the usually traveled route 
 more than fifty miles distant from the county-seat, and 
 wherein less than fifty voters shall be registered for that 
 election, the inspectors shall, before they adjourn, post con- 
 spicuously at the polling place a bulletin signed by each of 
 them, stating the number of ballots cast for each candidate 
 and for and against each question which has been voted 
 upon. 
 
 Rejected Ballots Counted on Separate Tally-sheet — To Be 
 Posted. 
 Sec. 22. Before the close or final adjournment of any 
 board of election in any voting precinct in this state, the 
 
GENERAL ELECTIONS 43 
 
 inspectors shall canvass and count any and all ballots 
 rejected by them, on a separate tally-sheet, in the same man- 
 ner as legal ballots are now canvassed and counted, and 
 transmit said sheet to the board of county commissioners in 
 the ballot-box, with the other papers and documents, and 
 the result of the vote cast for any and all candidates, and 
 on any and all questions submitted, so far as can be deter- 
 mined, shall be posted immediately thereafter in some con- 
 spicuous place on the building in which the election is held, 
 a duplicate copy of which shall be placed in the ballot-box 
 with the other election returns and papers, to the board of 
 county commissioners, and the county clerk shall keep a 
 record of the same. 
 
 Unlawful for Inspector- to Put Mark on Ballot — Exception. 
 Sec. 23. It shall be unlawful for any clerk or inspector 
 of election to place any mark whatsoever upon any ballot 
 other than a "spoiled" ballot; provided, however, that when 
 such clerks or inspectors of election shall reject a ballot for 
 any alleged defect or illegality, it shall be the duty of such 
 inspectors of election to certify over their signatures upon 
 the back of each and every ballot rejected that such ballot 
 or ballots were in fact rejected, and briefly stating their 
 reasons therefor. 
 
 Dispositions of Ballots, Poll-Books and Tally-Lists. 
 
 Sec. 24. They shall also, before they adjourn, seal the 
 ballots in a strong envelope, writing across the back thereof 
 the words, "Ballots (here give the name) precinct," and also 
 sign the names thereon. They shall then place the envelope 
 containing the ballots, together with one of the tally-lists 
 and one of the poll-books, in a sealed package, the weight of 
 which, including the wrapper or box, must be less than the 
 limit of weight allowed to be transmitted by mail. They shall 
 then address the same to the proper officer at the county-seat, 
 stating in writing on the outside of the package the contents 
 thereof, and deliver it to one of their number, to be chosen 
 by lot, who shall immediately, without opening it or per- 
 mitting it to be opened, deliver it to the nearest postmaster 
 and pay the postage thereon, and have the package regis- 
 tered. 
 
 Expenses, How Paid. 
 
 Sec. 25. The inspector who delivers the package shall be 
 paid the amount expended by him in paying the postage on 
 the package, and fifteen cents per mile for going to and fif- 
 teen cents per mile for returning from the postoffice, in the 
 same manner and out of the same fund as other election 
 expenses are paid; provided, that no such mileage shall be 
 paid unless the total distance necessarily traveled in going 
 and returning be greater than two miles. 
 
44 GENERAL ELECTIONS 
 
 1 
 
 Custody of Ballots. 
 
 Sec. 26. In cases where this act shall apply, the ballots 
 shall, after they reach the county-seat, be kept in sealed 
 packages by the proper officer, instead of in the ballot-boxes. 
 
 Custody of Ballot-Box. 
 
 Sec. 27. In precincts where this act shall apply, the bal- 
 lot-box may remain in the custody of the inspectors until the 
 next election, when it shall be turned over to the inspectors 
 of said election, and in such cases the tally-lists, poll-books 
 and other books and papers may be sent in sealed packages 
 by registered mail to one of the inspectors. 
 
 County Commissioners to Canvass — Tie — Recount — New 
 Election, When. 
 Sec. 28. On the tenth day (or if that day shall fall on 
 Sunday, then on the Monday following) after the close of 
 any election, or sooner, if all the returns be received, the 
 board of county commissioners shall proceed to open said 
 returns and make abstracts of the votes. Such abstract of 
 votes for member or members of congress shall be on one 
 sheet; the abstract of votes for members of the legislature 
 shall be on one sheet; and the abstract of the votes for dis- 
 trict and state officers shall be on one sheet ; and the abstract 
 of votes for county and township offices shall be on one 
 sheet. And it shall be the duty of the board of county com- 
 missioners to cause a certificate of election to be made out 
 by the respective clerks of said board of county commission- 
 ers to each of the persons having the highest number of 
 votes for members of the legislature, district, county and 
 township offices, respectively, and to deliver such certificate 
 to the person entitled to it on his making application to said 
 clerk at his office; provided, that when a tie shall exist 
 between two or more persons for the senate or assembly, or 
 any other county, district, or township officer, any of said 
 persons shall have the right to demand of the board of 
 county commissioners a recount of all the ballots cast for 
 them for the office for which they were candidates ; and pro- 
 vided further, that if after said recount has been had, the 
 vote between them or any of them shall still remain a tie, 
 the board of county commissioners shall order their clerk 
 to give notice to the sheriff of the county, who shall imme- 
 diately advertise another election, giving at least ten days' 
 notice. And it shall be the duty of the said clerk of said 
 board of county commissioners of said county, on the receipt 
 of the return of any general or special election, to make out 
 his certificate of election; stating therein the compensation 
 to which the inspectors and clerks of election may be entitled 
 by law for their services, and lay the same before the board 
 of county commissioners at their next session; and the said 
 board shall order the compensation aforesaid, if correct, to 
 be paid out of the county treasury. 
 
GENERAL ELECTIONS 45 
 
 Penalty for Malfeasance — Canvass for State Officers. 
 
 Sec. 29. The board of county commissioners, after mak- 
 ing the abstract of votes, as provided in section twenty-eight, 
 shall cause their clerk, by an order made and entered in the 
 minutes of their proceedings, to make a copy of said abstract, 
 and forthwith transmit the same to the secretary of state at 
 the seat of government. If the board of county commis- 
 sioners shall neglect or refuse to make the order, as required 
 by this act, they, and each of them, shall be guilty of a mis- 
 demeanor in office, and shall on conviction thereof, be liable 
 to a fine of not less than one hundred dollars, nor more than 
 five hundred dollars, each, and imprisonment in the county 
 jail for not less than ten and not more than one hundred 
 days each, or both such fine and imprisonment, and shall 
 be removed from office. And on the third Monday of Decem- 
 ber succeeding such election, the chief justice of the supreme 
 court and the associate justices, or a majority thereof, shall 
 meet at the office of the secretary of state, and shall open and 
 canvass the vote for members of congress, district and state 
 officers ; and the governor shall grant a certificate of election 
 to and commission the persons having the highest number 
 of votes, and shall also issue proclamations, declaring the 
 election of such persons. But in case there shall be no choi^'e, 
 by reason of any two or more persons having an equal and 
 the highest number of votes for the same office, the senate 
 and assembly shall convene in the assembly chamber, on 
 the second Monday of February, at the next regular session 
 of the legislature after such election, and by joint vote of 
 both houses, elect one of said persons to fill said office; pro- 
 vided, when an election for electors of president and vice- 
 president of the United States takes place, the vote thereof 
 shall be canvassed at the same time and in the manner afore- 
 said. 
 
 Information^ How Treated. 
 
 Sec. 30. No certificate shall be withheld on account of 
 any defect or informality in the returns of any election, if 
 it can with reasonable certainty be ascertained from such 
 returns what office is intended and who is entitled to such 
 certificate ; nor shall any commission be withheld by the gov- 
 ernor or board of county commissioners on account of anj 
 such defect or informality of any returns made to the office 
 of the secretary of state or to the board of county commission- 
 era. 
 
 Messengers May Be Employed, When and by Whom. 
 
 Sec. 31. If the returns of the election of any county in 
 the state shall not be received at the office of the secretary 
 of state on or before said third Monday of December suc- 
 ceeding such election, the said secretary may forthwith send 
 a messenger to the clerk of the board of county commis- 
 sioners of such county, whose duty it shall be to furnish said 
 
46 GENERAL ELECTIONS 
 
 messenger with a copy of such returns ; and the said mes- 
 senger shall be paid out of the treasury of such county the 
 sum of twenty cents for each mile he shall necessarily travel 
 in going to and returning from said county. Whenever it 
 shall be necessary, in the opinion of the board of county 
 commissioners, to employ a messenger to convey the returns 
 to the seat of government, and deliver them to the secretary 
 of state, the person performing such service shall also be 
 entitled to receive, as compensation, mileage at the rate of 
 twenty cents per mile, computing the distance from the 
 county-seat to the seat of government by the usual traveled 
 route. 
 
 Duties of County Commissioners. 
 
 Sec. 32. When two or more counties are united in one 
 senatorial, representative or judicial district for the election 
 of any officers, the board of county commissioners of each 
 county shall canvass the votes, according to law, of the voters 
 of their respective counties for said officer or officers; and 
 the commissioners of the county whose initial is the lowest 
 on the alphabet shall transmit to the commissioners of the 
 county of the highest initial a copy of the abstract of the 
 votes for such officer or officers, when the said last commis- 
 sioners shall make a final abstract and aggregate of said 
 votes, and shall proceed to cause to be issued certificates of 
 election, and otherwise to act as is provided in this and the 
 two preceding sections. 
 
 Duties of County Clerks in Transmitting Returns. 
 
 Sec. 33. Whenever the returns are required to be trans- 
 mitted by one clerk of the board of county commissioners to 
 the secretary of state, it shall be the duty of such clerk, if 
 not otherwise directed by the board of county commissioners 
 to deliver the same to some postmaster of the county, at the 
 postoffice, to be transmitted by mail, taking from such post- 
 master, if it can be obtained, a certificate setting forth the 
 time when such reports were deposited in the postoffice, 
 which certificate the clerk shall file in his office. If the 
 clerk of the board of county commissioners should neglect or 
 refuse to make out and transmit the returns or abstract, as 
 required by this act, he shall be deemed guilty of a misde- 
 meanor in office, and, upon conviction thereof, shall be fined 
 in any sum not less than one hundred dollars, or more than 
 five hundred dollars, and imprisoned in the county jail for 
 not less than one month, or more than six months, or both 
 such fine and imprisonment, in the discretion of the court, 
 and shall be removed from office. 
 
 Per Diem of Inspector and Clerk of Election — Mileage of 
 Messenger. 
 Sec. 34. There shall be allowed out of the county treas- 
 ury of such county to each inspector and each clerk of elec- 
 tion five dollars per diem, but in no case to exceed twenty 
 
GENERAL ELECTIONS * 47 
 
 dollars for all services required by law to be performed by 
 each of them at any one election. And to the person carry- 
 ing the poll-books from the place of election to the clerk's 
 office, and to the clerk of the board of county commissioners 
 for attending at another county to canvass votes, the sum 
 of fifteen cents per mile for going and fifteen cents per mile 
 for returning, to be paid out of the county treasury. 
 
 Who May Contest an Election. 
 
 Sec. 35. Any elector of the proper county may contest 
 the right of any person declared duly elected to an office 
 exercised in and for such county ; and also, any elector of a 
 township may contest the right of any person declared duly 
 elected to any office in and for such township, for any of the 
 following causes: First — For malconduct on the part of 
 the board of inspectors, or any member thereof. Second — 
 When the person whose right to the office is contested was not 
 at the time of election eligible to such officQ. 
 
 Irregularity of Returns. 
 
 Sec. 36. When any election, held for an office exercised 
 in and for a county, is contested on account of any malcon- 
 duct on the part of the board of inspectors of any precinct, 
 or any member thereof, the election shall not be annulled and 
 set aside upon any proof thereof, unless the rejection of the 
 vote of such precinct shall change the result as to such office 
 in the remaining vote in the county. 
 
 Contest Instituted, How. 
 
 Sec. 37. When any elector shall choose to contest the 
 right of any person declared duly elected to such office, he 
 shall, within forty days thereafter, file with the clerk of the 
 district court a written statement, setting forth specifically; 
 First — The name of the party contesting such election, and 
 that he is a qualified elector of the district, county or pre- 
 cinct (as the case may be) in which such election was held. 
 Second — The name of the person whose right to the office is 
 contested. Third — The office. Fourth — The particular 
 cause or causes of such contests. Said statement shall be 
 verified by the affidavit of the contesting party that the 
 matters and things therein contained are true, to the best of 
 his knowledge and belief. 
 
 Proceedings in Contests — District Court to Decide. 
 
 Sec. 38. When the reception of illegal votes is alleged as 
 a cause of contest, it shall be sufficient to state generally that 
 illegal votes were given to the person whose election is con- 
 tested in the specific precinct or precincts, which, if taken 
 from him, will reduce the number of his legal votes below 
 the number of legal votes given to some other person for the 
 same office; but no testimony shall be received of illegal 
 votes unless the party contesting such election shall deliver 
 to the opposite party, at least three days before such trial. 
 
48 * GENERAL ELECTIONS 
 
 a written list of the number of illegal votes, and by whom 
 given, which he intends to prove on such trial; and no 
 testimony shall be received of any illegal votes except such 
 as are specified in such list; provided, that in all cases of 
 contested elections the district court of the respective dis- 
 tricts shall have original jurisdiction to try and determine 
 all such cases, and may, by mandamus or otherwise, obtain 
 all documentary evidence required by either of the parties 
 litigant. 
 
 Strict Form Not Essential. 
 
 Sec. 39. No statement of the cause of contest shall be 
 rejected, nor the proceedings thereon dismissed, by any court 
 before which such contest may be brought for trial, for want 
 of form, if the particular cause or causes of contest shall be 
 alleged with such certainty as will sufficiently advise the 
 defendant of the particular proceedings or causes for which 
 such election is contested. 
 
 Duties of Clerk of District Court. 
 
 Sec. 40. Upon such statement being filed, it shall be the 
 duty of the clerk of the district court to inform the judge 
 thereof, who shall fix the time and place to hear and deter- 
 mine such contested election ; and the clerk shall give notice 
 thereof, not less than ten nor more than twenty days from 
 the date of such notice to the parties contesting, which said 
 notice shall be served by the sheriff of the county upon the 
 respective parties, as in other cases. 
 
 Process. 
 
 Sec. 41. The said clerk shall issue subpenas and sub- 
 penas duces tecum, as in civil actions of law, for witnesses 
 in such contested election at the request of either party, which 
 shall be served by the sheriff as other subpenas ; and the dis- 
 trict court shall have full power to issue attachments to com- 
 pel the attendance of witnesses who shall fail to attend, who 
 shall have been duly subpenaed. 
 
 Duties of Clerk of District Court. 
 
 Sec. 42. Upon the certified copy of a judgment of the 
 district court, or a certified copy of the judgment of the 
 supreme court, as the case may be, the clerk of the board of 
 county commissioners shall issue a certificate to the person 
 declared to be entitled to such certificate of election. 
 
 Fees of County Officers. 
 
 Sec. 43. The clerk, sheriff and witnesses shall receive 
 respectively, the same fees from the party against whom the 
 judgment is given as are allowed for similar services in the 
 district court. 
 
 Effect of Judgment of Court. 
 
 Sec. 44. Whenever an election shall be annulled and set 
 aside by the judgment of the district court, and no appeal 
 has been taken therefrom within thirty days, such certificate, 
 
 
GENERAL ELECTIONS 49 
 
 if any has been issued, shall thereby be rendered void and the 
 office become vacant. 
 
 Contest To Be Tried, Where. 
 
 Sec. 45. In case of any contest in regard to any election 
 to fill the office of district judge, such contest shall be tried 
 in like manner before the district court of the district nearest 
 adjoining thereto. 
 
 Who May Bring Action. 
 
 Sec. 46. Any such action may be brought by the district 
 attorney, in the name of the State of Nevada, upon his own 
 information or upon the complaint of any private party, 
 against any person who unlawfully holds any public office 
 within the state; and it shall be the duty of the district 
 attorney to bring such action whenever he has reason to 
 believe that any such office is unlawfully held or exercised 
 by any person, or when he is directed to do so by the gov- 
 ernor. 
 
 Duties of District Attorney — Order of Court. 
 
 Sec. 47. Whenever such action is brought the district 
 attorney, in addition to the statement and cause of action, 
 may also set forth in the complaint the name of the person 
 rightly entitled to the office or franchise, with a statement 
 of his right thereto ; and in such case, upon proof by affidavit 
 or otherwise, that the defendant has received fees or emolu- 
 ments belonging to the office or franchise, by means of his 
 usurpation thereof, an order may be granted by a judge of 
 the supreme court, or a district judge, for the arrest of such 
 defendant, and holding him to bail; and thereupon he may 
 be arrested and held to bail in the same manner 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. 
 
 Damages May Be Recovered. 
 
 Sec. 48. If the judgment be rendered 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 of the office or fran- 
 chise by the defendant. 
 
 One Action, When. 
 
 Sec. 49. When several persons claim to be entitled or 
 elected to the same office one action may be brought by or 
 against all such persons, in order to try their respective 
 rights to such office. 
 
 CONTEST FOR THE MEMBERS OF THE LEGISLATURE 
 
 How Conducted. 
 
 Sec. 50. In case of contest for senator or assemblyman in 
 any county in this state, the party contesting shall file a 
 statement in the office of the county clerk of the county in 
 which such senator or assemblyman may be a resident, a 
 
50 GENERAL ELECTIONS 
 
 concise statement of the grounds upon which he intends to 
 rely, which statement shall be verified by affidavit; and it 
 shall be the duty of the clerk to issue a commission, directed 
 to a justice of the peace of such county, to meet at such time 
 and place as shall be specified in such commission, not less 
 than twenty nor more than thirty days from the filing of 
 such papers, for the purpose of taking the deposition of such 
 witnesses as the parties to such contest may wish to examine, 
 and notice shall be served upon the person whose right to 
 such office is contested, by the sheriff of the county, the same 
 as provided for by law in like cases. 
 
 Powers of Justice of the Peace. 
 
 Sec. 51. Said justice of the peace shall have power at 
 any time to issue subpenas for witnesses at the request of 
 either party, to be served by the sheriff as other subpenas; 
 and said justice shall have the same power to issue attach- 
 ments and assess fines against witnesses as is given to justices 
 of the peace in other trials instituted before him; and all 
 testimony taken before him during such proceeding shall be 
 in writing, and shall be certified to and forwarded by mail 
 or express, or delivered to the clerk of the county. 
 
 County Clerk to Seal and Deliver all Papers to Secretary of 
 State. 
 Sec. 52. It shall be the duty of said clerk to seal up such 
 depositions, together with the original statement of the 
 grounds of such contest, and a copy of the notice served upon 
 the party whose right is contested, and the commission issued 
 to the justice of the peace, and transmit the same by mail to 
 the secretary of state, indorsing thereon the names of the 
 contesting parties and the branch of the legislature before 
 which such contest is to be tried. 
 
 Secretary of State to Deliver Papers. 
 
 Sec. 53. It shall be the duty of the secretary of state to 
 deliver the same, unopened, to the presiding officer of the 
 house in which such contest is to be tried, on or before the 
 second day after the organization of the legislature next 
 after taking such depositions; and such presiding officer 
 shall immediately give notice to said house that said papers 
 are in his possession. 
 
 Depositions May Be Taken, When and How. 
 
 Sec. 54. At any time after notice of any contest shall be 
 given, and before the trial of such contested election before the 
 proper branch of the legislature, it may be lawful for either 
 party to such contest to take depositions, to be read on the 
 trial thereof in like manner and under the same rules as are 
 allowed and required in cases of depositions to be read on 
 any trial pending in the district court; and such deposi- 
 tions, when thus taken, shall be sealed up by the officer tak- 
 ing the same and directed to the secretary of state, who shall 
 
GENERAL ELECTIONS 51 
 
 keep the same, unopened, and deliver them to the presiding 
 officer of the house in which such contest is to be tried, to be 
 disposed of by such officer as the depositions specified in the 
 preceding sections. 
 
 When Contest May Be Commenced for State Officers. 
 
 Sec. 55. Proceedings to contest the election of any state 
 officer must be begun within sixty days after the evidence 
 becomes available upon which the contest is based. 
 
 For Other Officers. 
 
 Sec. 56. Proceedings to contest the election of any county 
 officer, or any officer other than a state officer, must be begun 
 within forty days after the evidence becomes available upon 
 which such contest is based. 
 
 When Time Begins to Bun. 
 
 Sec. 57. Delays arising from any cause tending to pre- 
 vent the obtaining of evidence upon which a contest is 
 brought shall not cause such contest to fail, but the time 
 provided in this act shall begin to run only from the day 
 when such evidence may be freely available to the person 
 contesting the election of another, and from and after the 
 passage of this act. 
 
 Whe7i Demand for Becount Must Be Made. 
 
 Sec. 58. Demands for recounts must be made within sixty 
 days from the day of election, or after the passage of this 
 act if the recount is to be had of votes cast at the last general 
 election, preceding the passage of this act. 
 
 FOR CONTESTING ELECTION OF STATE OFFICERS 
 
 How Instituted. 
 
 Sec. 59. Any qualified elector of the state may contest 
 the election of any person declared duly elected to any state 
 office within this state by filing a specification of the grounds 
 of such contest with the clerk of the supreme court, which 
 specification shall be verified by oath or affirmation, and it 
 is hereby made the duty of the attorney-general to prosecute 
 such action in the name of the people of the state, before 
 the supreme court, who shall have original jurisdiction in 
 such cases; the justices, or any of them, shall have power 
 to issue such process as may be necessary to the complete 
 hearing and final determination of such action. 
 
 Penalty for Malfeasance in Office. 
 
 Sec. 60. If any person now holding or who shall here- 
 after hold any office in this state, who shall refuse or neglect 
 to perform any official act in the manner and form as now 
 prescribed by law, or who shall be guilty of any malpractice 
 or malfeasance in office, shall be removed therefrom as 
 herein prescribed. 
 
 Summary Proceeding on Complaint — Officers Deposed, Hoiv. 
 Sec. 61. Whenever any complaint in writing, duly veri- 
 fied by the oath of any complainant, shall be presented to 
 
52 GENERAL ELECTIONS 
 
 the district court alleging that any officer within the juris- 
 diction of said court has been guilty of charging and collect- 
 ing any illegal fees for services rendered or to be rendered 
 in his office, or has refused or neglected to perform the 
 official duties pertaining to his office as prescribed by law, 
 or has been guilty of any malpractice or malfeasance in 
 office, it shall be the duty of the court to cite the party 
 charged to appear before him on a certain day, not more 
 than ten nor less than five days from the time when said 
 complaint shall be presented, and on that day, or some sub- 
 sequent day not more than twenty days from that on which 
 said complaint is presented, shall proceed to hear, in a sum- 
 mary manner, the complaint and evidence offered by the 
 party complained of, and if, on such hearing, it shall appear 
 that the charge or charges of said complaint are sustained, 
 the court shall enter a decree that said party complained of 
 shall be deprived of his office, and shall enter a judgment 
 of five hundred dollars in favor of the complainant, and 
 such costs as are allowed in civil cases. 
 
 Duties of Clerk of Court. 
 
 Sec. 62. It shall be the duty of the clerk of the court in 
 which such proceedings are had, to transmit, within three 
 dsLjs thereafter, to the governor of the state, or board of 
 county commissioners (as the case may be) of the proper 
 county, a copy of any decree or judgment declaring any 
 officer deprived of any office under this act ; and it shall be 
 the duty of the governor or such board of county commis- 
 sioners (as the case may be) to appoint and select some per- 
 son to fill said office until a successor shall be selected or 
 appointed and qualified; and it shall be the duty of the person 
 so appointed to give such bond and security as are prescribed 
 for by law and pertaining to such office. 
 
 Officers Not to Hold Office Pending Appeal. 
 
 Sec. 63. In case judgment of the district court, as herein 
 provided, shall be against the officer complained of, and an 
 appeal taken from the judgment so rendered, the officer so 
 appealing shall not hold the office during the pending of 
 such appeal; but such office shall be filled as in case of 
 vacancy. 
 
 BY CRIMINAL ACTION 
 
 Officers, How Accused Before Grand Jury. 
 
 Sec. 64. An accusation, in writing, against any district, 
 county or township officer, for wilful misconduct in office, 
 may be presented by the grand jury of the county for which 
 such officer accused is elected or appointed, which accusation 
 shall state the offense charged, and shall be delivered by the 
 foreman of the grand jury to the district attorney of the 
 county, who shall cause a copy thereof to be served upon 
 the defendant, and require by notice, in writing, of not less 
 than ten days, that he appear before the district court, then 
 
GENERAL ELECTIONS 53 
 
 sitting, or at the next term, and answer the accusation. The 
 original accusation shall then be filed with the clerk of the 
 district court. 
 
 Default May Be Taken Against the Accused. 
 
 Sec. 65. The defendant must appear at the time appointed 
 in the notice, and answer the accusation, unless for some 
 sufficient cause the court assigns another day for that pur- 
 pose. If he do not appear the court may proceed to hear and 
 determine the accusation in his absence. 
 
 May Defend, How. 
 
 Sec. 66. The defendant may answer the accusation, either 
 by objecting to the sufficiency thereof or to any allegation 
 therein, or by denying the truth of the same. 
 
 Sec. 67. If he objects to the legal sufficiency of the accu- 
 satioil, the objection must be in writing, but need not be in 
 an.y specific form, it being sufficient if it present intelligently 
 the ground of the objection. 
 
 Sec. 68. If he denies the truth of the accusation, the 
 denial may be oral and without oath, and shall be entered 
 upon the minutes. 
 
 Sec. 69. If any objection to the sufficiency of the accusa- 
 tion be not sustained, the defendant shall be required to 
 answer the accusation forthwith. 
 
 On Plea of Guilty, Duties of District Court. 
 
 Sec. 70. If the defendant plead guilty, and refuse to 
 answer the accusation, the court shall render judgment of 
 conviction against him. If he deny the matter charged, the 
 court shall immediately, or as soon thereafter as practicable, 
 proceed to try the accused, which trial shall be conducted in 
 all respects and in like manner as trial upon indictment for 
 other offenses. 
 
 Judgment of Court. 
 
 Sec. 71. Upon a conviction, the court shall immediately, 
 or within five days, as it may appoint, pronounce judgment 
 that the defendant be removed from office; but to warrant 
 a removal, the judgment must be entered upon the minutes, 
 assigning thereon the cause of removal. 
 
 Appeal May Be Taken. 
 
 Sec. 72. From a judgment of removal an appeal may be 
 taken to the supreme court, in the same manner as from a 
 judgment in a civil action ; but until such judgment be 
 reversed the defendant shall be suspended from his office. 
 Pending the appeal the office may be filled as in case of 
 vacancy. 
 
 District Attorney, How Prosecuted. 
 
 Sec. 73. The same proceedings may be had on like grounds 
 for the removal of a district attorney, except that the accusa- 
 tion shall be delivered to the district judge of the district, 
 who shall thereupon appoint some one to act as a prosecuting 
 
54 GENERAL ELECTIONS 
 
 officer in the matter, or shall place the accusation in the hands 
 of the district attorney of the nearest adjoining district, and 
 require him to conduct the proceedings. 
 
 BY IMPEACHMENT 
 
 Proceedings in Case of Impeachment. 
 
 Sec. 74. Where a civil officer of the state is impeached by 
 the assembly for misconduct in office the articles of impeach- 
 ment shall be delivered to the president of the senate, who 
 shall cause a copy thereof with a notice to appear and answer 
 the same, at the time and place appointed, to be served on the 
 defendant not less than ten days before the day fixed for the 
 hearing. 
 
 Service To Be Personal. 
 
 Sec. 75, The service must be upon the defendant person- 
 ally ; or if he cannot, upon diligent inquiry, be found within 
 the state ; the senate, upon due proof of the fact, may order 
 that publication be made in such manner as they deem 
 proper, of a notice requiring him to appear at a specified 
 time and place, and answer the articles of impeachment. 
 
 Procedure on Failure of Defendant to Appear. 
 
 Sec. 76. If the defendant do not appear, the senate, upon 
 proof of personal service or publication, as provided in the 
 last two proceeding sections, may, of their own motion or 
 for cause shown, assign another day for hearing the impeach- 
 ment, or may then, or at any other time which they may 
 appoint, proceed, in the absence of the defendant, to trial 
 and judgment. 
 
 How a Defendant May Answer. 
 
 Sec. 77. When the defendant appears, he must answer 
 to the articles of impeachment, which he may do either by 
 objecting to the sufficiency of the same, or any article thereof, 
 or denying the truth of the same. 
 
 Objections, How Made. 
 
 Sec. 78. If the defendant object to the sufficiency of the 
 impeachment the objection must be in writing, but need not 
 be in any specific form, it being sufficient if it presents intelli- 
 gibly the grounds of the objection. If he deny the truth of 
 the impeachment, the denial may be oral and without oath 
 and shall be entered upon the journal. 
 
 Senate May Give Judgment, When. 
 
 Sec. 79. If he plead guilty or refuse to plead, the senate 
 shall render judgment of conviction against him. If he 
 deny the matter charged, the senate shall, at such time as 
 they may appoint, proceed to try the impeachment. The 
 chief justice of the supreme court shall preside over the 
 senate while sitting to try the governor or lieutenant-governor 
 upon impeachment, and in all other cases the president of 
 the senate. 
 
GENERAL ELECTIONS 55 
 
 Oath Administered, by Whom. 
 
 Sec. 80. At the time and place appointed, before the sen- 
 ate proceed to act on the impeachment, the secretary shall 
 administer to the president of the senate or chief justice (as 
 the case may be) and the president of the senate or chief 
 justice (as the case may be) to each of the members of the 
 senate then present, an oath or affirmation, truly and impar- 
 tially to hear, try and determine the impeachment. 
 
 Judgment. 
 
 Sec. 81. The judgment may be that the defendant be 
 suspended and removed from office, or that he be removed 
 from office, and disqualified to hold and enjoy a particular 
 office, or class of offices, or any office of honor, trust or profit 
 under the constitution and laws of this state. 
 
 Penalties of Impeachment. 
 
 Sec. 82. If judgment of suspension be given on the votes 
 of two-thirds of the members elected to each branch of the 
 legislature, the defendant shall, during the continuance 
 thereof, be disqualified from receiving the salary, fees or 
 emoluments of the office ; and the judge, district attorney, or 
 any state officer complained of, shall be served with a copy 
 of the complaint against him, and have an opportunity of 
 being heard in person or by counsel in his defense ; provided, 
 that no member of either branch of the legislature shall be 
 eligible to fill the vacancy occasioned by such removal. 
 
 Suspended From Office, When. 
 
 Sec. 83. When articles of impeachment shall be presented 
 against the president of the senate such officer shall be tem- 
 porarily suspended from his office, and shall not act in his 
 official capacity until duly acquitted. Upon such suspension 
 of any state officer whose office is created by the constitution 
 or laws- of this state, the governor shall immediately take 
 charge of his office, and such office shall at once be tempo- 
 rarily filled by appointment by the governor, until the 
 acquittal of the party impeached, or, in case of his removal, 
 then until the vacancy be filled as provided by law. 
 
 Penalties for Violating Election Law. 
 
 Sec. 84. Every person charged with the performance of 
 any duty under the provisions of any law of this state relat- 
 ing to elections, who wilfully neglects or refuses to perform 
 it, or who, in his official capacity, knowingly and fraudulently 
 acts in contravention or violation of any of the provisions of 
 such laws, shall be deemed guilty of a felony, and punishable 
 by a fine not exceeding one thousand dollars, or by imprison- 
 ment in the state prison not exceeding five years, or by both 
 such fine and imprisonment. 
 
 Misdemeanor — Penalty. 
 
 Sec. 85. Every person who after being required by the 
 board of judges at any election, refuses to be sworn, or who, 
 
56 GENERAL ELECTIONS 
 
 after being sworn, refuses to answer any pertinent question 
 propounded by such board touching his right, or the right of 
 any other person to vote, is guilty of a misdemeanor, punish- 
 able by a fine not exceeding five hundred dollars, or imprison- 
 ment in the county jail not exceeding three months, or by 
 both such fine and imprisonment. 
 
 Fraud on Ballot Box — Felony — How Punished. 
 
 Sec. 86. Every person not entitled to vote who fraudu- 
 lently votes, and every person who votes more than once at 
 any election, or knowingly hands in two or more tickets 
 folded together, or changes any ballot after the same has 
 been deposited in the ballot box, or adds, or attempts to 
 add, any ballot to those legally polled at any election, either 
 by fraudulently introducing the same into the ballot box 
 before or after the ballots therein have been counted, or adds 
 to or mixes with, or attempts to add or mix with the ballots 
 lawfully provided, other ballots while the same are being 
 counted or canvassed, or abstracts any ballots lawfully polled 
 at any other time with intent to change the result of such 
 election, or carries away or destroys, or attempts to carry 
 away or destroy any poll list or ballots, or ballot box, for the 
 purpose of breaking up or invalidating such election, or 
 wilfully detains, mutilates or destroys any election returns, 
 or in any manner so interferes with the officers holding such 
 election or conducting such canvass, or with voters lawfully 
 exercising their right of voting at such election, as to pre- 
 vent such election or canvass from being fairly held and law- 
 fully conducted, shall be guilty of a felony, punishable by a 
 fine not exceeding one thousand dollars, or by imprisonment 
 in the state prison not exceeding five years, or by both such 
 fine and imprisonment. 
 
 Fraudulent Voting — Penalty. 
 
 Sec. 87. Every person not entitled to vote who fraudu- 
 lently attempts to vote, or who, being entitled to vote, 
 attempts to vote more than once at any election, or who pro- 
 cures, aids, assists, counsels, or advises another to give or 
 offer his vote at any election, knowing that the person is not 
 qualified to vote, shall be guilty of a misdemeanor, punish- 
 able by a fine not exceeding two hundred dollars, or by 
 imprisonment in the county jail not exceeding sixty days, or 
 by both such fine and imprisonment. 
 
 Misdemeanor to Violate Secrecy of Ballot — Forging Returns 
 a Felony. 
 Sec. 88. Every inspector, judge, or clerk of an election 
 who, previous to putting the ballot of an elector in the ballot 
 box, attempts to find out any name on such ballot, or who 
 opens or suffers the folded ballot of any elector which has 
 been handed in, to be opened or examined previous to putting 
 the same into the ballot box, or makes or places any mark or 
 device on any folded ballot, with a view to ascertain the 
 
 
GENERAL ELECTIONS 57 
 
 name of any person for whom the elector has voted, or who, 
 without the consent of the elector, discloses the name of any 
 person which such inspector, judge or clerk has fraudulently 
 or illegally discovered to have voted for by such elector, is 
 punishable by a fine of not less than fifty nor more than five 
 hundred dollars. Every person who forges or counterfeits 
 returns of an election purporting to have been held at a pre- 
 cinct, town or ward, when no election was in fact held, or 
 wilfully substitutes forged or counterfeit returns of election 
 in place of the true returns of a precinct, town or ward 
 where an election was actually held, is punishable by impris- 
 onment in the state prison for a term of not less than two nor 
 more than ten years. 
 
 Bribery, Intimidation or Menace — Penalty. 
 
 Sec. 89. Every person, who by force, threats, menaces, 
 bribery, or any corrupt means, either directly or indirectly, 
 attempts to influence any elector in giving his vote, or to 
 deter him from giving the same, or attempts by any means 
 to awe, restrain, hinder or disturb any elector in the free 
 exercise of the right of suffrage, or furnishes an elector wish- 
 ing to vote, who cannot read, with a ticket, informing or 
 giving such elector to understand that it contains a name 
 written or printed thereon different from the name which 
 is written or printed thereon, or defrauds any elector at such 
 election by deceiving and causing such elector to vote for 
 a different person or any office than he intended or desired 
 to vote for, or who, being inspector, judge or clerk of any 
 election, while acting as such, induces or attempts to induce, 
 any elector either by menace or reward, or promise thereof, 
 to vote different from what such elector intended or desired 
 to vote, shall be guilty of a felony, punishable by a fine not 
 exceeding one thousand dollars, or imprisonment in the state 
 prison not exceeding five years, or by both such fine and 
 imprisonment. 
 
 Promoter of Candidates Punished — Penalty. 
 
 Sec. 90. Every person who, with the intent to promote the 
 election of himself, or any other person, either : First — Fur- 
 nishes entertainment at his expense to any meeting of elect- 
 ors previous to or during an election. Second — Pays fol', 
 procures or engages to pay for any such entertainment. 
 Third — Furnishes or engages to pay or deliver any money or 
 property for the purpose of procuring the attendance of 
 voters at the polls, or for the purpose of compensating any 
 person for procuring attendance of voters at the polls, except 
 for the conveyance of voters who are sick or infirm. Fourth — 
 Furnishes or engages to pay or deliver any money or prop- 
 erty for any purpose intended to promote the election of any 
 candidate, except for the expenses of holding and conducting 
 public meetings, for the discussion of public questions, and of 
 printing and circulating ballots, handbills and other papers 
 
58 GENERAL ELECTIONS 
 
 previous to such election, shall be guilty of a misdemeanor, 
 punishable by a fine not exceeding five hundred dollars, or 
 imprisonment not exceeding six months in the county jail. 
 
 Bribery or Attempt to Bribe a Felony. 
 
 Sec. 91. Every person who gives or offers a bribe to any 
 officer or member of any legislature, caucus, political conven- 
 tion, committee, primary election, or political gathering of 
 any kind, held for the purpose of nominating candidates for 
 offices of honor, trust, or profit in this state, with intent to 
 influence the person to whom such bribe is given or offered 
 to be more favorable to one candidate than another, shall be 
 guiltj^ of a felony, punishable by a fine not exceeding five 
 thousand dollars, or ten years' imprisonment in the state 
 prison, or both such fine and imprisonment. 
 
 Contingent Promises of Appointment. 
 
 Sec. 92. Every person who, being a candidate at any elec- 
 tion, offers or agrees to appoint or procure the appointment 
 of any particular person to office, position or employment as 
 an inducement or consideration to any person to vote for, 
 or procure or aid in procuring the election of such candidate, 
 or person not being a candidate, who communicates any offer 
 made in violation of this and the preceding section, to any 
 person with intent to induce him to vote for, or to procure 
 aid in procuring the election of the candidate, shall be deemed 
 guilty of a felony, punishable by imprisonment not exceeding 
 five years, or a fine not exceeding five thousand dollars or by 
 both such fine and imprisonment. 
 
 Sale of Liquor Prohibited. 
 
 Sec. 93. No person shall sell, give away or furnish, or 
 cause to be sold, given away or furnished, either for or with- 
 out pay, within this state, on any day upon which a general 
 election is held, nor within the limits of any county, or city, 
 or on any day upon which any special or municipal election 
 is held therein, any spirituous, malt or fermented liquors or 
 wines ; and any one so doing shall be deemed guilty of a mis- 
 demeanor, and, upon conviction thereof, shall be fined in any 
 sum not less than one hundred nor more than one thousand 
 dollars, or by imprisonment in the county jail not less than 
 one nor more than six months, or by both such fine and 
 imprisonment, in the discretion of the court ; and it shall be 
 the duty of the judges of the district courts of the several 
 judicial districts in this state to specially give this act in 
 charge to every grand jury impaneled in their respective dis- 
 tricts. 
 
 Duties of Governor — Rewards Offered. 
 
 Sec. 94. The governor is hereby authorized and directed, 
 at least thirty days previous to any general election, and 
 fifteen days previous to any special election, to issue a proc- 
 lamation offering a reward of one hundred dollars for the 
 
AUSTRALIAN BALLOT LAW 59 
 
 arrest and conviction of any person violating any of the 
 provisions of this act when the crime is a misdemeanor, and 
 a reward of two hundred dollars for the arrest and convic- 
 tion of any person guilty of a felony, as herein provided ; and 
 such rewards to be paid until the total amount hereafter 
 expended for the purpose reaches the sum of ten thousand 
 dollars, payable out of any moneys in the state treasury not 
 otherwise appropriated. And all moneys collected under the 
 provisions of this act shall revert to the general school fund 
 of the several counties where such cases were brought. 
 
 Duties of Secretary of State and County Clerks. 
 
 Sec. 95. It shall be the duty of the secretary of state to 
 cause to be printed in pamphlet form a requisite number of 
 copies of this act, with marginal notes and properly indexed, 
 a suitable number of which shall be forwarded by him to the 
 county clerks of the several counties of this state at least 
 sixty days previous to the holding of any general election, 
 and at least twenty days previous to the holding of any spe- 
 cial election ; and it is hereby made the duty of said county 
 clerks to enclose in each and every ballot box sent out by 
 them, to be used at the various precincts of their respective 
 counties, five or more copies of said act, as in their judgment 
 they may deem proper. 
 
 Chapter 5 — Australian Ballot Lav^ 
 
 Ballots, How Provided. 
 
 Section 1. All ballots cast in elections for public officers 
 within this state shall be printed and distributed at public 
 expense, as hereinafter provided. The printing of general 
 tickets and cards of instruction for the electors of each 
 count}^, and the delivery of the same to the election officers, 
 as provided for in this act, shall be a county charge, the pay- 
 ment of which shall be provided for in the same manner as 
 the payment of other county expenses, and in case of separate 
 elections for city, town or district officers, the printing and 
 delivery of tickets and cards of instruction shall be a charge 
 upon the city, town or district in which said tickets and cards 
 are to be used, the payment of which shall be provided for in 
 the same manner as the payment of other city, county or dis- 
 trict expenses. 
 
 Nominations, How Made — Convention Defined. 
 
 Sec. 2. A convention within the meaning of this act is an 
 organized assemblage of delegates representing a political 
 party. Convention shall be held for selection of presidential 
 electors, nomination of delegates to national convention and 
 formulating a platform. 
 
 How Other Nominations May Be Made — Independent Nomi- 
 nations. 
 Sec. 3. A candidate for public office may be nominated 
 otherwise than by a primary election in the manner follow- 
 
60 AUSTRALIAN BALLOT LAW 
 
 ing : A certificate of nomination shall be signed by electors 
 residing within the district or political division for which 
 candidates are to be presented equal in number to at least ten 
 per cent of the entire vote cast at the last preceding election 
 in the state, district or political division for which the nomi- 
 nation is to be made ; provided, that such certificates shall not 
 be valid unless signed by five voters. Said signatures need 
 not all be appended to one paper, but each signer shall add to 
 his signature his place of residence. One of the signers of 
 each such certificate shall swear that the statements therein 
 made are true, to the best of his knowledge and belief, and a 
 certificate of such oath shall be annexed. Such certificate of 
 nomination shall have the same effect as a nomination made 
 by a primar}^ election. The certificate of nomination herein 
 provided for shall state the name of the party or principle 
 which the person nominated by petition of electors represents 
 but in so doing the name of no political party existing at the 
 last preceding general election shall be used. 
 
 Certificates of Nomination To Be Filed, Where. 
 
 Sec. 4. Certificates of nomination of candidates for offices 
 to be voted for by the electors of the entire state shall be 
 filed with the secretary of state. Certificates of nomination 
 of candidates for all other public offices shall be filed with 
 the clerks of the respective counties wherein the officers are to 
 be voted for, and where a district embraces more than one 
 county, such certificate shall be filed with the clerk of each of 
 said counties. 
 
 Certificates to Embrace, What. 
 
 Sec. 5. No certificate of nomination shall contain the name 
 of more than one candidate for each office to be filled. No 
 person shall join in nominating, under the provisions of sec- 
 tion 4 of this act, more than one nominee for each office to be 
 filled, and no person who has voted in a convention either in 
 person or by proxy, for or against a candidate for any office, 
 shall join in nominating, in any manner, any other nominee 
 for that office, and no person shall accept a nomination to 
 more than one office. 
 
 Certificates, When and Where Filed. 
 
 Sec. 6. Certificates of nomination required to be filed 
 with the secretary of state and with the county clerk or clerks, 
 as the case may be, as provided in section 4, chapter 5 of this 
 act, shall be filed not less than ten days prior to the first 
 Tuesday in September of the year in which such elections 
 shall take place. 
 
 Sec. 7. The fees for filing certificate of nomination shall 
 be the same as hereinbefore provided for filing nomination 
 papers in primary elections. 
 
 Duties of Secretary of State. 
 
 Sec. 8. Not less than thirty-five days before an election to 
 
 I 
 
AUSTRALIAN BALLOT LAW 61 
 
 fill any public office, the secretary of state shall certify to the 
 county clerk of each county within this state the name of each 
 person, and the name of the office for which he is nominated, 
 as specified in the certificate of nomination filed with him. 
 
 Nominations, How Puhlished. 
 
 Sec. 9. Not less than ten days before an election to fill any 
 public office or offices, the county clerk shall cause to be pub- 
 lished all the nominations certified to or filed with him. Said 
 nominations shall be published in a newspaper printed within 
 the county. When no newspaper is printed within the 
 county, the publication shall be made by posting a copy of 
 the ballot in a public place in each election precinct within 
 the county, one of which copies shall be posted at the court- 
 house door. When publication is made by printing in news- 
 papers, at least two publications by such newspaper shall be 
 required, one of which shall appear in the last regular issue 
 of such paper before election day. 
 
 Secretary of State to Certify Constitutional Amendment to 
 County Clerks — Punishment for Neglect. 
 Sec. 10. When any proposed constitution, constitutional 
 amendment or other question is to be submitted to the popu- 
 lar vote, the secretary of state shall, within ninety days before 
 the election at which such constitution, constitutional amend- 
 ment or question is to be voted upon, certify the same to each 
 county clerk of this state, sending to each of said clerks 
 enough copies of such constitution, constitutional amend- 
 ments or other questions to supply each inspector of election 
 and enough additional copies to carry out the provisions of 
 this act. And it is hereby made the duty of the county 
 clerks of each county to have posted, ten days before the 
 election, in each election precinct, three copies of said con- 
 stitution, constitutional amendments or other questions to be 
 voted on, one of which copies shall be posted at the place of 
 holding the polls. If there is a newspaper published in the 
 county, the county clerk shall cause to be published said con- 
 stitution, constitutional amendment, or other question therein 
 three times; one publication thereof shall be at least thirty 
 days before election ; another not less than twenty days ; and 
 the other not more than ten days before said election. Any 
 secretary of state or county clerk of this state who shall fail 
 to comply with the provisions of this act shall be deemed 
 guilty of a misdemeanor, and on conviction shall be fined in 
 a sum not less than $100, nor more than $500. 
 
 Duties of County Clerk and Secretary in Relation to Ballots. 
 Sec. 11. It shall be the duty of the county clerk at least 
 ten days before an election to provide printed ballots for every 
 election for public offices, in which any voters within the 
 county participate, and to cause to be printed in the ballot 
 prescribed herein, the name of each and every candidate 
 
62 AUSTRALIAN BALLOT LAW 
 
 whose name has been certified to, or filed with him as pro- 
 vided in this act. Ballots, other than those printed, as 
 provided in this act, shall not be cast, or counted, in any elec- 
 tion. All ballots shall be printed on tinted paper, furnished 
 by the secretary of state. It shall be the duty of the secre- 
 tary of state to obtain and keep on hand a sufficient supply 
 of such paper for ballots, and at least fifteen days before an 
 election to furnish the same in quantities ordered to any 
 county clerk, and all county clerks are hereby required to 
 notify the said secretary of state at least twenty-five days 
 before an election of the amount of such paper they, and each 
 of them, will require. Said paper shall be water-marked with 
 a design furnished by the secretary of state, in such manner 
 that the said water-mark shall be plainly discernible on the 
 outside of such ballot when properly folded. Such design 
 shall be changed for each general election, and the same 
 design shall not be used again at any general election within 
 the space of eight years, but at any special or separate local 
 election paper marked with the design used at any previous 
 election may be used. 
 
 Ballot, How Printed, Numbered and Ruled — Specifications 
 as to Type, etc. 
 Sec. 12. On each ballot a perforated line shall extend 
 from top to bottom, one-half inch from the right-hand side of 
 such ballot, and upon the half-inch strip thus formed there 
 shall be no writing or printing, except the number of the 
 ballot^ which shall be upon the back of the strip in such posi- 
 tion that it shall appear on the outside when the ballot is 
 folded. The number on each ballot shall be the same as that 
 on the corresponding stub, and the ballots and stubs shall be 
 numbered consecutively in each county. Where the names 
 of candidates are printed in separate columns, the columns 
 shall be separated by heavy rules, and on all ballots the names 
 of candidates shall be separated by a rule extending to the 
 extreme right of the column. All ballots shall contain the 
 name of each and every candidate whose nomination for any 
 office specified in the ballot has been certified to and filed 
 according to the provisions of this act, and no other name. 
 The names of the candidates for each office shall be arranged 
 under the designation of the office in alphabetical order, 
 according to the surname, except that the names of candi- 
 dates for presidential electors shall be arranged in groups 
 as presented in the several certificates of nomination; the 
 political designation of each candidate shall be printed 
 opposite his name. There shall be left at the end of the list 
 of candidates for each office, a blank space to be used only 
 for substituting the names to fill vacancies. There shall be 
 a margin at the right-hand side of the names at least one- 
 half inch wide, so that the voter may clearly indicate in the 
 way hereinafter described the candidate or candidates for 
 
AUSTRALIAN BALLOT LAW 63 
 
 whom he wishes to vote. Whenever any question is to be 
 submitted to the vote of the people, it shall be printed upon 
 the ballot, in such manner as to enable the electors to vote 
 upon the question in the manner hereinafter provided with 
 a brief statement of the purport of such question. There 
 shall be printed on the ballots opposite the designation of 
 each office such words as will aid the voter to indicate his 
 choice of candidate, such as "vote for one," "vote for three," 
 and the like. 
 
 Number of Ballots and How Bound. 
 
 Sec. 13. All ballots when printed shall be bound in stub- 
 books of five, ten, twenty-five, fifty and one hundred ballots 
 each. A record of the number of ballots printed for them 
 shall be kept by the respective county clerks. 
 
 Number of Ballots per Registered Voter. 
 
 Sec. 14. The county clerk shall provide for each election 
 precinct in the county at least two ballots for each voter reg- 
 istered therein, and not more than five ballots in excess 
 thereof. 
 
 Duties of County Commissioners. 
 
 Sec. 15. Whenever it shall appear, by affidavit, that an 
 error or omission has occurred in the publication of the name 
 or description of any of the candidates nominated, or in the 
 printing of the ballots, any member of the board of county 
 commissioners, upon application by any voter shall issue an 
 order requiring the county clerk to correct such error. 
 
 Duties of Officers on Loss or Destruction of Ballots. 
 
 Sec. 16. Before the opening of the polls, at any election, 
 the county clerk shall cause to be delivered to the board of 
 election of each election precinct in his county the proper 
 number of tickets of the kind to be used in the election pre- 
 cinct. In case of prevention of an election in any precinct 
 by reason of the loss or destruction of the ballots intended 
 for that precinct, or for any other cause, the inspector or 
 other election officer for the precinct shall make an affidavit 
 setting forth the fact and transmit it to the governor of the 
 state. Upon receipt of such affidavit, and upon the applica- 
 tion of any candidate for any office to be voted for by the 
 voters of such precinct, the governor shall order a new elec- 
 tion in such precinct. 
 
 Clerks of Election, How Selected. 
 
 Sec. 17. At the same time and in the same manner as 
 inspectors and judges of election are now appointed in this 
 state, there shall be appointed two clerks of election, who 
 shall have charge of the ballots on election day, and shall 
 furnish them to the voters in the manner hereinafter provided 
 for. Said clerks of election shall possess the same qualifica- 
 tions and receive the same compensation as inspectors of 
 election. Said clerks shall be selected from the political par- 
 
64 AUSTRALIAN BALLOT LAW 
 
 ties which polled the largest and the next largest votes in the 
 precinct at the last preceding general election. 
 
 Booths and Ballot Box Provided. 
 
 Sec. 18. The board of county commissioners shall provide, 
 at each polling place within the county, a sufficient number of 
 places, booths or compartments, in which voters may con- 
 veniently mark their ballots, that in the marking thereof they 
 may be screened from the observation of others, and a guard 
 rail shall be so placed that only such persons as are inside said 
 rail can approach within six feet of the ballot box and of 
 such booths or compartments. The arrangement shall be 
 such that neither the ballot box nor the booths or compart- 
 ments shall be hidden from the view of those just outside the 
 guard rail. The number of such booths or compartments 
 shall not be less than one for each fifty or fraction of fifty 
 voters registered in the precinct. Each of said booths or com- 
 partments shall be kept provided with proper supplies and 
 conveniences for marking ballots. No person, other than 
 voters engaged in receiving, preparing or depositing their 
 ballots, shall be permitted inside said guard rail during the 
 time the polls are open, except by authority of the board of 
 election, and in that case only for the purpose of keeping 
 order and enforcing the law. 
 
 How To Vote. 
 
 Sec. 19. Any person desiring to vote shall give his name 
 and address to one of the clerks of election, who shall 
 announce the same, and if the other clerks shall find the name 
 upon the registry list, he shall repeat the name and address. 
 One ballot shall then be given to the voter, and the number of 
 the said ballot shall be written by one of the clerks of election 
 upon the registry list opposite the name of the voter receiv- 
 ing it. 
 
 Ballot, How Prepared — Marking Done With Stamp. 
 
 Sec. 20. On receiving his ballot the voter shall immedi- 
 ately retire alone to one of the places, booths, or compart- 
 ments. He shall prepare his ballot by stamping a cross or 
 X in the square, and in no other place, after the name of the 
 person for whom he intends to vote for each office. In case 
 of a constitutional amendment or other question submitted to 
 the voters, the cross or X shall be placed in the square after 
 the answer which he desires to give. Such stamping shall be 
 done only with a stamp in black ink, which stamp, ink and 
 ink pad shall be furnished in sufficient number by the county 
 clerk for each election precinct in the county. Before leav- 
 ing the booth or compartment the voter shall fold his ballot 
 in such manner that the water-mark and the number of the 
 ballot shall appear on the outside, without exposing the 
 stamps upon the ballot, and shall keep it so folded until he 
 has voted. Having folded his ballot, the voter shall deliver it 
 with stamp, ink and pad, to the inspector, who shall announce 
 
AUSTRALIAN BALLOT LAW 65 
 
 the name of the voter and the number of his ballot. The 
 clerk having the registry list in charge, if he finds the num- 
 ber to agree with the number of the ballot delivered to the 
 voter, shall repeat the name and number, and shall mark 
 opposite the name, the word "voted." The inspector shall 
 then separate the strip bearing the number from the ballot, 
 and shall deposit the ballot in the ballot box. Said strip and 
 number shall be immediately destroyed. 
 
 Ten Minutes to Prepare Ballot. 
 
 Sec. 21. But one person shall occupy any one booth or 
 compartment at one time, and no person shall remain in a 
 booth or compartment longer than may be necessary to pre- 
 pare his ballot, and in no case longer than ten minutes. 
 
 Spoiled Ballot, How Treated. 
 
 Sec. 22. Any voter who shall accidentally spoil a ballot 
 may return such spoiled ballot to the clerk of election, and 
 receive another one in its place. All the ballots thus returned 
 shall be immediately canceled by writing the word "canceled" 
 across the face of the ballot, and, with those not distributed 
 to the voters, shall be returned with the election returns. A 
 voter who does not vote the ballot delivered to him, shall, 
 before leaving the space inside the guard rail, return such 
 ballot to the clerks, who shall immediately cancel the same 
 and return it in the same manner as a spoiled ballot. The 
 clerks of election shall account for the ballots delivered to 
 them, by returning a sufficient number of unused and spoiled 
 ballots to make up, when added to the number of official bal- 
 lots cast, the number of ballots delivered to them. 
 
 Who May Be Assisted. 
 
 Sec. 23. A voter who declares under oath, that by reason 
 of physical disability, he is unable to mark his ballot, shall, at 
 his request, be permitted to receive the assistance, in such 
 marking of any elector, other than an election officer, but no 
 person shall be permitted to go inside the guard-rail as an 
 assistant to more than one voter. 
 
 Kind of Ballots To Be Deposited. 
 
 Sec. 24. No ballots shall be deposited in the ballot box 
 unless water-mark, as hereinbefore provided, appears thereon, 
 and unless slip containing the number of the ballot has been 
 removed therefrom by the inspector. 
 
 Sample Ballots — Instructions to Voters To Be Posted. 
 
 Sec. 25. The county clerk shall cause to be printed on 
 plain white paper, without watermark or endorsement, except 
 the words "Sample Ballot," at least as many copies of the 
 form of ballot provided for use in each precinct as there shall 
 be registered voters in any election precinct. And said 
 county clerk shall furnish to each board of election, as many 
 sample ballots as there shall be registered [voters] in said 
 precinct, and on election day, the board of election shall 
 
66 AUSTRALIAN BALLOT LAW 
 
 furnish each voter on application one such sample ballot. 
 Said county clerk shall also cause to be printed in plain type 
 on cards, instructions for the guidance of voters for obtain- 
 ing and marking their ballots. He shall furnish twelve such 
 cards to the boards of election of each election precinct in 
 the county, at the time and in the manner that ballots and 
 sample ballots are furnished. The board of election shall 
 post at least one of such cards in each booth provided for the 
 preparation of ballots, and not less than three of such cards 
 at other public places in and about the polling places on the 
 day of election. There shall be printed on such cards sec- 
 tions twenty-seven, twenty-eight, twentj^-nine, and thirty of 
 this act. 
 
 Kind of Ballots To Be Counted — Ki7id Rejected. 
 
 Sec. 26. In counting the ballots any ballot not bearing 
 the water-mark, as provided in this act, shall not be counted, 
 but such ballot must be preserved and returned with the 
 other ballots. When a voter marks more names than there 
 are persons to be elected to an office, or if for any reason it is 
 impossible to determine the voter's choice for any office, his 
 vote for such office shall not be counted. Any ballot upon 
 which appear names, words or marks, written or printed, 
 except as in this act provided, shall not be counted. But 
 nothing in this act shall be construed as grounds for the 
 rejection of a ballot where the intention of the voter is clear 
 and where marks on the ballot cannot be definitely shown to 
 be distinguishing marks, characters or words. 
 
 Counterfeiting Ballot Paper a Felony — Other Offenses Enu- 
 me7'ated. 
 Sec. 27. Any person who shall falsely make or fraudu- 
 lently deface or destroy any certificate of nomination or any 
 part thereof, or file any certificate of nomination knowing 
 the same or any part thereof to be false, or suppress any 
 certificate of nomination which has been duly filed, or any 
 part thereof, or make use of, keep or furnish to others, except 
 as in this act provided, any paper water-marked in imitation 
 of ballot paper, or disclose to any person not engaged in the 
 making, printing or distribution of ballots or ballot paper 
 under the direction of the proper officer, the design of the 
 water-mark to be placed on the ballot paper, or print or be 
 concerned in printing, or have in his possession any imitation 
 of an official ballot, or make any mark or endorsement on any 
 ballot or stub, by which the ballot can be distinguished from 
 other ballots, or falsely swear that he is unable to mark his 
 ballot by reason of physical disability, shall be deemed guilty 
 of a felony, and, upon conviction thereof, shall be imprisoned 
 in the state prison for a term not less than one year, and 
 not more than five years. 
 
 Misdemeanor to Interfere With Election Supplies. 
 
 Sec. 28. Any person who shall, during an election, remove 
 
AUSTRALIAN BALLOT LAW 67 
 
 or destroy any of the supplies or other conveniences placed in 
 the booths or compartments, or shall, during an election, 
 remove, tear down or deface the cards of instruction posted, 
 as prescribed by this act, shall be guilty of a misdemeanor, 
 and, on conviction thereof, shall be punished by a fine not less 
 than fifty dollars and not exceeding five hundred dollars, or 
 by imprisonment in the county jail for a term not less than 
 one month and not exceeding six months. 
 
 Neglect of Public Officer, How Punished. 
 
 Sec. 29. Any public officer upon whom any duty is 
 imposed by this act, who shall wilfully neglect or refuse to 
 perform any such duty, shall be deemed guilty of a felony, 
 and, upon conviction thereof, shall be imprisoned in the state 
 prison for a term not less than one year and not exceeding 
 five years. 
 
 Many Interdictions Under Penalty. 
 
 Sec. 30. No person except a member of the board of elec- 
 tion shall receive from any voter a ballot prepared by such 
 voter. No person shall examine such ballot or solicit a voter 
 to show the same. No person shall remove any ballot from 
 any polling place before the closing of the polls. No person 
 shall apply for or receive a ballot at any election precinct 
 other than the one on which he is entitled to vote. No per- 
 son shall show his ballot to any person, after marking it, so 
 as to reveal any of the names voted for. No person shall 
 ask another within one hundred feet of the polling place for 
 whom he intends to vote. No voter shall receive a ballot 
 from any other person than one of the clerks of election, nor 
 shall any other person than a clerk of election deliver such 
 ballot to such voter. No voter shall deliver to the board of 
 election or to any member thereof any ballot other than the 
 one received from a clerk of election. No voter shall place 
 any mark upon his ballot by which it may afterwards be 
 identified as the one voted by him. Any person violating 
 any provision of this section shall be deemed guilty of a 
 misdemeanor, and, upon conviction thereof, shall be fined 
 in a sum not less than fifty dollars and not exceeding five 
 hundred dollars, or by imprisonment in the county jail for 
 a term not less than one month and not exceeding six months. 
 
 County Clerks To Have Ballots Printed at Newspaper or 
 Printing Office Within County, or State. 
 Sec. 31. The county clerks of the several counties of this 
 state shall supervise the printing of the ballots, and such bal- 
 lots shall be printed at some newspaper or printing office in 
 the county where the ballots are to be voted, and in case there 
 is no newspaper or printing office in the county in which 
 the work can be done, then said clerk is hereby authorized, 
 empowered and directed to have said printing done in any 
 newspaper or printing office in the state; [provided,] that the 
 
68 SOLDIERS' VOTE 
 
 cost of printing said ballots shall not exceed the sum of fifty 
 dollars per thousand. 
 
 Chapter 6 
 
 Votes of Nevada Soldiers in U. S. Service, How Taken. 
 
 Section 1. For the purpose of taking the vote of the 
 electors of this state, who may be in service of the United 
 States volunteers, and at the time beyond the territorial 
 limits of the state, the adjutant-general of the state shall, in 
 due time to carry out the provisions of this act, make and 
 deliver to the secretary of state duly certified separate lists 
 for each county, having soldiers in the service, of the names 
 of all qualified electors under the laws of this state, at the 
 time of their enlistment, who may be in the military service 
 of the United States, classified and arranged in alphabetical 
 order, showing the regiment, battalion, squadron, battery and 
 company, or other division to which each elector belongs, also 
 the county and precinct in which he is entitled to vote. 
 
 Lists of Voters for Commanding Officers. 
 
 Sec. 2. The secretary of state shall immediately transmit 
 duly certified copies of such proper lists to the commanding 
 officer of each of said organizations of which electors may be 
 members. 
 
 Election, How Conducted. 
 
 Sec. 3. Between the hours of 8 o'clock a. m. and 6 o'clock 
 p. m. on the day of election, a ballot box, or other suitable 
 receptacle, shall be opened under the immediate charge and 
 supervision of the three officers highest in command, for the 
 reception of votes from the electors whose names are upon 
 said lists, at each place where a regiment, battalion, squadron, 
 battery, company or other division of soldiers from this state 
 in the military service of the United States may be on that 
 day, at which time and place said electors shall be entitled 
 to vote for all officers, for which, by reason of their residence 
 in the several counties of this state, they are entitled to vote, 
 as fully as they would be entitled to vote if present in their 
 respective counties and precincts of their residence ; and the 
 votes so given by such electors, at such time and place, shall 
 be considered taken, held, canvassed and counted by the 
 respective canvassing boards of election in this state as if 
 they had been given by them in the respective counties and 
 precincts in and of which they were qualified electors at the 
 time of their enlistment. 
 
 Ballots — Form of Returns of Election. 
 
 Sec. 4. The ballot to be cast by such electors shall be the 
 official ballot provided by law. The name of each elector 
 voting as aforesaid shall be checked at the time of voting by 
 one of said officers in charge of the ballot box, upon said 
 
soldiers' vote 69 
 
 list. The said officers having charge of said election shall 
 proceed to count the votes and compare the numbers with the 
 checked lists immediately after the close of the polls, and 
 on completing the count the said officers shall make and sign 
 a return or certificate of the result, in substance as follows, 
 to wit: 
 
 Return of soldiers' vote in the (here insert the regiment 
 or other command as the case may be). We, the under- 
 signed (here insert rank and command), do hereby certify 
 
 that on the day of , the electors belonging to our 
 
 said command cast the following number of votes for the sev- 
 eral persons and officers herein named, to wit : 
 
 For governor (here name each person voted for for gov- 
 ernor, to the number of votes each received, written in full, 
 also in figures, against and following the name of each per- 
 son). For lieutenant-governor (here insert names of all 
 voted for, number of votes for each, written in full, also in 
 figures, against and following the name of such person), and 
 so continue until the list is completed. 
 
 Witness our hands this day of 
 
 A. B. (with rank and command). 
 C. D. (same). 
 E. F. (same). 
 
 Canvass oj Ballots. 
 
 Sec. 5. All the ballots cast, together w ith the said voting 
 lists, checked as aforesaid, and said returns, shall be imme- 
 diately sealed up and sent forthwith by the commanding 
 officer to the secretary of state at the seat of government, 
 on receipt of which the secretary of state shall, in the 
 presence of the chief justice of the supreme court, open said 
 returns and immediately certify to the board of county com- 
 missioners of the proper county the soldier vote of such 
 county for the various officers as returned to him, and such 
 board of county commissioners shall canvass and count 
 such vote, as soon as practicable after receiving the same. 
 
 State and District Returns. 
 
 Sec. 6. For state and district officers the said returns 
 shall be canvassed by the state board of canvassers. 
 
 Secretary of State to Furnish Necessari/ Ballots. 
 
 Sec. 7. The secretary of state is hereby required to fur- 
 nish, prepare and have printed the necessary ballots, and if 
 he is not in possession of the names of the candidates for 
 county and township officers, said names may be omitted 
 from the ballot. He shall also furnish each commanding 
 officer the necessary check and poll lists, together with the 
 proper and sufficient blanks for said returns, and all neces- 
 sary instructions for the taking of the votes in their respect- 
 ive commands. 
 
70 SCHOOL TRUSTEE ELECTION 
 
 [Chapter 7 — School Trustee Election] 
 
 Election in New School Districts. 
 
 Section 1. Within thirty days after the formation of a 
 new district an election must be held for trustees. Any three 
 electors of the district may give notice of it in the same man- 
 ner as notice is required to be given for the annual election. 
 
 Hoiirs in Which Polls Are Open. 
 
 Sec. 2. In districts in which the children between six and 
 eighteen years of age exceed four hundred, the polls must be 
 open at 8 o'clock a. m. and kept open until 5 p. m. In other 
 districts the polls must not be open before 9 a. m. nor be kept 
 open less than four hours. 
 
 Poll and Tally List. 
 
 Sec. 3. A poll and tally list must be kept and returned 
 to the board of trustees. 
 
 When Five Trustees; When Three. 
 
 Sec. 4. School districts having fifteen hundred or more 
 school children, as shown by the last preceding school census, 
 shall have five trustees ; other districts shall have three trus- 
 tees. 
 
 Election Held in April . 
 
 Sec. 5. An election of school trustees shall be held in 
 each school district of the state on the first Saturday in 
 April, nineteen hundred and fourteen, and on the same day 
 every two years thereafter. At such elections, three trustees 
 shall be elected in any district having fifteen hundred or 
 more school-census children, as shown by the last preceding 
 census, two for four years and one for two years; and two 
 trustees shall be elected in every other district, one for four 
 years and one for two years. 
 
 Number of Trustees, How Determined. 
 
 Sec. 6. In any school district having for the first time 
 fifteen hundred school-census children, as determined after 
 the election of trustees in any year, there shall be elected at 
 the next ensuing school trustee election two trustees for four 
 years and two trustees for two years, to bring such district 
 to the five-trustee basis; and in any district falling below 
 such number, as determined after a school trustee election, 
 there shall be elected at the next ensuing trustee election one 
 trustee for four years, to bring such district to the three- 
 trustee basis. 
 
 Election Officers, How Appointed. 
 
 Sec. 7. Three inspectors of election and such other officers 
 as may be necessary, shall be appointed by the school trus- 
 tees in each district; provided, that respecting all questions 
 that come before said election boards, the inspectors only 
 shall determine the same. If the trustees fail to appoint the 
 
SCHOOL TRUSTEE ELECTION 71 
 
 election officers, or if they are not present at the time of 
 opening the polls, the officers present may appoint them. All 
 such officers shall serve without compensation; provided, 
 that in school districts of the first class, the inspectors and 
 clerks of election may be allowed compensation not to exceed 
 four dollars each for services at such election, said compen- 
 sation to be paid from the district school funds. If two or 
 more polling places are kept open in districts of the first 
 class, three inspectors and one clerk shall be appointed for 
 each polling place, and each such officer shall be allowed 
 compensation not to exceed four dollars. 
 
 Notices Posted, When — Polls at Schoolhouses. 
 
 Sec. 8. Not less than ten days before the election held 
 under the provisions of this act, the trustees in each district 
 shall post notices in three public places in the district, which 
 notices shall specify that there will be an election held at the 
 schoolhouse in such district and the hours between which the 
 polls will be kept open. In districts of the first class the polls 
 shall be kept open between the hours specified by the board of 
 trustees, and in districts of the second class the polls shall be 
 open between the hours of 1 o'clock p. m. and 5 o'clock p. m. 
 If the trustees shall have failed to post notices as required by 
 this section, then any three electors of the district may, 
 within five days of the day of election, give notice of such 
 election, which notices shall be sufficient for the election 
 required by this act, and in such case no registration shall be 
 necessary, but all the other provisions of this act shall be 
 enforced ; provided, that in districts of the first class as many 
 different polling places may be kept open as there are school- 
 houses in the district, and the trustees may decide in what 
 buildings the election shall be held; but in such cases, the 
 trustees must specify, in the election notice, the particular 
 buildings in which polling places will be held. 
 
 Qualijwations of Voters. 
 
 Sec. 9. No person shall be allowed to vote at any school 
 election unless he is a resident of the district and his name 
 appears upon the official registry list of the voting precinct 
 or precincts including the district for the last preceding gen- 
 eral election ; provided, that any citizen of the United States 
 who shall have resided in this state six months, and in the 
 school district thirty daj^s next preceding the day of election, 
 and whose name is not upon the said official registry list, may 
 apply to the clerk of the board of school trustees, or to a per- 
 son authorized by the trustees of the district to act as regis- 
 try agent, not more than eight nor less than five days prior 
 to the day of election, to have his name registered. 
 
 Regutration Regala tio n s — Oath . 
 
 Sec. 10. It shall be the duty of the clerk of the board of 
 school trustees, or the person appointed by the board of 
 
72 SCHOOL TRUSTEE ELECTION 
 
 school trustees, as the case may be, to register any qualified 
 voter of the school district who may apply to be registered 
 under the provisions of the preceding section; provided, 
 that if the person applying to be registered be unknown to 
 the registry agent, or his qualifications for voting be unknown, 
 he shall, before having his name registered, be required to sub- 
 scribe to the following oath: "You do solemnly swear that 
 you are a citizen of the United States ; that you are twenty- 
 one years of age ; that you will have resided in the state six 
 months and in this school district thirty days next preceding 
 the day of the school election." False swearing under the 
 provisions of this section shall be deemed perjury and pun- 
 ished as now provided by law. 
 
 Registry List. 
 
 Sec. 11. No person shall be entitled to vote under the pro- 
 visions of this act except he be registered as herein provided. 
 The board of school trustees shall prepare, or cause to be 
 prepared, or obtain a list, certified or sworn to as being cor- 
 rect, of the names of all persons entitled to vote at the school 
 election as herein provided, which said list shall be com- 
 pleted at least three days prior to the day of election, and 
 shall be under the charge of the clerk of the board of school 
 trustees and subject to the inspection of any qualified voter 
 in the district. 
 
 Special Registration, When — Cost Restricted. 
 
 Sec. 12. The board of school trustees in all school districts 
 having a voting population of fifty or more, are authorized to 
 employ a competent person to prepare said list of qualified 
 voters and to pay for the work out of the school fund of the 
 district, in a manner as other claims against the district are 
 allowed and paid, a reasonable sum, not exceeding five cents 
 a name for each qualified voter, providing that the total 
 amount to be allowed does not exceed fifty dollars. The list 
 so prepared shall be sworn to by the person making the 
 same as correct, according to his best knowledge, information 
 and belief. 
 
 Registry Delivered to Inspectors. 
 
 Sec. 13. The list of qualified voters, as hereinbefore 
 described, shall be delivered to the inspectors of election 
 prior to the time of opening the polls on the day of election, 
 and no person shall be entitled to vote at the election whose 
 name is not on said list ; provided, that any person whose 
 name is left off said list by mistake, design, accident, or 
 otherwise, may have his name placed thereon by the inspect- 
 ors of election upon satisfactory proofs being presented of 
 his having previously been registered in accordance with the 
 provisions of this act. 
 
 Voting by Secret Ballot. 
 Sec. 14. The voting shall be by ballot, either written or 
 
SCHOOL TRUSTEE ELECTION 73 
 
 printed, and when two or more trustees are to be elected for 
 different terms, the ballot shall designate such terms as 
 "long term," and "short term," respectively. 
 
 Number and Form of Ballots. 
 
 Sec. 15. In all school districts having a school population 
 of one hundred or over, the board of school trustees shall 
 have printed ballots of uniform size containing the names in 
 alphabetical order, of all persons candidates for the office of 
 school trustee. There shall be twice as many ballots printed 
 as there are voters in the district, and no ballots other than 
 those furnished by the board of school trustees shall be 
 voted. 
 
 Method of Voting. 
 
 Sec. 16. A person desiring to vote shall, if his name be 
 on the registry list as herein provided, receive from the board 
 of election or some member thereof, and from no other per- 
 son, a ballot upon which he shall designate his choice for 
 trustee or trustees to be elected in the district, by placing a 
 cross thus, X, opposite and to the right of the name of the 
 person for whom he intends to vote. 
 
 Instructions for Voting. 
 
 Sec. 17. There shall be placed on the ballots, in addition 
 to the names of the candidates, such information as the board 
 of trustees may deem necessary to inform the voter how to 
 mark his ballot, such as: "Place a cross thus: X, opposite 
 and to the right of the name of the candidate for whom you 
 wish to vote," "vote for one," "vote for two," etc. 
 
 Inhibitions as to Polling Places — Misdemeanor and Penalty. 
 
 Sec. 18. No person, other than the board of election or a 
 police officer in the discharge of his duty, shall be allowed 
 within one hundred feet of the polls, except when actually 
 engaged in voting or in going to or from the polls for the 
 purpose of voting or challenging the vote of another, and 
 excepting all persons in attendance upon any school which 
 may be in session in the building. No person shall show 
 his ballot to another while marking it or after marking it so 
 as to disclose for whom he has voted, but he shall, as soon as 
 possible after marking it, fold it so that the marking will 
 be on the inside and return it to the board of election to be 
 counted. Wilful violation of any of the provisions of this 
 section shall constitute a misdemeanor, punishable by a fine 
 not exceeding fifty dollars, or imprisonment in the county 
 jail not exceeding twenty-five days, or by both such fine and 
 imprisonment. 
 
 Assutance in Voting, When Allowed — Spoiled Ballot. 
 
 Sec. 19. No person shall receive assistance in marking his 
 ballot unless physically unable to mark it, and then only by 
 permission of the board of election. A voter spoiling his bal- 
 
74 SCHOOL TRUSTEE ELECTION 
 
 lot may procure another by delivering the spoiled ballot to 
 the board of election. 
 
 Challenges — Oath — Illegal Voting Punished. 
 
 Sec. 20. Any registered person offering to vote may be 
 challenged by any elector of the district, and the judges of 
 election must thereupon administer to the person challenged 
 an oath in substance as follows: "You do swear that you are 
 a citizen of the United States ; that you are twenty-one years 
 of age; that you have resided in this state six months, and 
 in this school district thirty days next preceding this election, 
 and that j^ou have not voted before this day." If he takes 
 the oath prescribed in this section his vote shall be received, 
 otherwise his vote must be rejected. Illegally voting under 
 the provisions of this act shall be punishable the same as the 
 law now provides for punishing offenses of this character. 
 
 When Candidates Shall File Names. 
 
 Sec. 21. In school districts having a voting population of 
 one hundred (100) or over, candidates for the office of school 
 trustee shall, not later than five days before the day of 
 election, having their names filed with the county clerk of 
 the county, with designation of the term of office for which 
 they are candidates, and no names shall be placed upon the 
 ballots unless filed within the time herein specified. 
 
 Election Board Shall Count and Make Returns. 
 
 Sec. 22. The board of election in districts of the first class 
 shall keep a poll list and tally sheet, which, together with the 
 registry list and all ballots cast, shall be delivered to the 
 county clerk upon the count being completed, and such 
 returns shall be kept as the law now provides for keeping 
 returns of general elections; but in districts of the second 
 class, said poll list, tally sheet, registry list and all ballots 
 cast, upon the count being completed, shall be delivered to the 
 deputy superintendent of public instruction and kept on 
 file in his office. After the completion of the count at each 
 polling place in districts of the first class using more than 
 one polling place, the election board of each polling place 
 shall meet at a place designated by the board of trustees and 
 there summarize all votes cast in the district and make out 
 the election certificates. 
 
 Board Shall Issue Certificates of Election. 
 
 Sec. 23. The election board shall issue certificates of elec- 
 tion to those receiving the greatest number of votes cast in 
 accordance with the provisions of this act, specifying the 
 number of years for which each is elected; and the election 
 board shall immediately send by mail a copy of each election 
 certificate to the deputy superintendent of public instruction. 
 
 When Trustees Take Office. 
 
 Sec. 24. Trustees elected under this act shall take office 
 on the first Monday in May following their election. 
 
TOWN AND CITY ELECTIONS 75 
 
 Vacancies, How Filled. 
 
 Sec. 25. On the fourth Saturday after the occurrence of 
 any vacancy or vacancies in any board of school trustees, an 
 election may be held to elect a trustee or trustees for the 
 remainder of the unexpired term or terms. Such elections 
 shall be conducted in accordance with the law now in effect 
 for the election of public school trustees ; provided, that the 
 remaining members or member of the board may serve as a 
 full board for the purpose of making all required preliminary 
 arrangements for conducting said elections to fill said vacan- 
 cies. 
 When Deputj/ Shall Fill Vacancies. 
 
 Sec. 26. In case the voters fail to elect, or in case no elec- 
 tion is held, as provided in the preceding section, the deputy 
 superintendents shall fill all vacancies occurring in said 
 board of trustees. 
 
 Chapter 8 — Tov^n and City Elections 
 Duties of Registry Agents. 
 
 Section 1. The registry agents of every voting precinct 
 in this state, containing within its limits a town or city, the 
 boundaries of which are described by metes and bounds, shall 
 register all voters, residents of said town or city, separately 
 from the voters who reside within the said voting precinct but 
 without the limits of said town or city, or he shall designate 
 after the name of each voter whether he is a resident within 
 or without said town or city ; provided, that when there are 
 no officers to be elected exclusively for said town or city such 
 separate registration shall not be required. 
 
 Residence To Be Designated. 
 
 Sec. 2. The registry agents in preparing the official regis- 
 ter for any voting precinct as described in section 1 of this 
 act for the use of election officers of the precinct and the 
 wards thereof, if any there be, shall designate after the name 
 of each voter, or in some other appropriate and intelligible 
 manner, the residence of the voter, whether within or without 
 the limits of the town or city, so that the election officers can 
 readily determine whether or not voters are qualified to vote 
 for town or city officers, if any such are to be elected. 
 
 Ballots to Contain — Proviso. 
 
 Sec. 3. The county clerk shall cause to be placed upon the 
 official ballots to be used at any voting precinct containing 
 within its limits a town or city, as described in section 1 of 
 this act, the names of all candidates for office for said town or 
 city, in a manner as now provided by law, to be voted for 
 exclusively by the electors of said town or city; provided, 
 that he shall furnish sufficient ballots without the names of 
 candidates for town or city officers, for use of the voters of 
 the precincts who reside without the limits of said town or 
 city, and the numbers of all ballots furnished for use in said 
 
76 CHOICE FOR U. S. SENATOR 
 
 precincts, and the wards thereof, if any there be, shall be 
 as now provided by law, and shall be apportioned according 
 to the relative number of each class of voters as herein desig- 
 nated. 
 
 Form of Ballot. 
 
 Sec. 4. The election officers of every voting precinct and 
 the wards thereof, if any there be, shall, in a manner as now 
 provided by law, furnish the voters of said precinct or the 
 wards thereof, with ballots with or without the names of the 
 candidates for town or city officers, according as the voter is 
 a resident within or without the limits of said town or city 
 as shown by the official registry list for use of the election 
 officers of said precincts, or the wards thereof, as in this act 
 provided, and no ballot containing names of candidates to 
 be voted for exclusively by residents of the town or city shall 
 be given to any voter who resides without the limits of said 
 town or city. 
 
 Regular Election Laws to Govern. 
 
 Sec. 5. Except as herein specially provided, the manner 
 of voting and conducting the election shall be as now pro- 
 vided by law. 
 
 Applicable to Wards. 
 
 Sec. 6. Whenever any officer or officers of any town. or city 
 as herein mentioned are to be voted for exclusively by the 
 qualified voters of any ward or wards of said town or city, 
 then all the provisions of this act concerning the registration 
 and manner of voting for town and city officers shall apply 
 to said ward or wards. 
 
 Chapter 9 — United States Senator 
 
 Candidates for United States Senator May Be Nominated. 
 
 Section 1. At the general election next preceding the 
 expiration of the time for which any United States senator 
 was elected or appointed to represent the State of Nevada in 
 congress, candidates for the choice of electors of this state 
 for United States senator may be nominated in the same 
 manner as provided by law for the nomination of state 
 officers. 
 
 Certificate of Nomination To Be Filed With the Secretary of 
 State — Ballot, How Prepared. 
 Sec. 2. Such certificates of nomination shall be filed with 
 the secretary of state, who shall certify the names of all can- 
 didates as shown therein to the various county clerks as now 
 required by law in case of candidates for state offices, and the 
 several county clerks in preparing the ballots to be voted at 
 any such general election shall place thereon the names of all 
 such candidates under the words "Choice for U. S. Senator, 
 vote for one," and there shall be a margin at the right-hand 
 side of these names at least one-half inch wide, where the 
 
REFERENDUM T7 
 
 voter may indicate his choice of said candidates by making 
 a cross or X. 
 
 Names of All Nominated Candidates To Be Submitted at 
 General Election — To Be Canvassed — Secretary of State 
 to Transmit to Legislature. 
 Sec. 3. The names of all candidates so nominated shall be 
 submitted to the electors of the state for them to express their 
 choice at every such general election, and the vote upon such 
 choice shall be taken, returned, canvassed and certified by the 
 same authority and in the same way as the vote for state 
 officers is taken, canvassed, returned and certified, and the 
 secretary of state shall, within five days after the convening 
 of the next session of the legislature following any such elec- 
 tion, transmit to each branch thereof the result of the official 
 canvass of the vote upon said choice and candidates. 
 
 Not to Apply to Vacancies After Sixty Days Prior to 
 Election. 
 Sec. 4. The provisions of this act shall not apply to the 
 filling of any vacancy in the office of United States senator 
 which may occur by death, resignation or removal between 
 the date sixty days prior to any general election and the 
 adjournment of the next session of the legislature. 
 
 No Reward To Be Used in Aid of Candidate. 
 
 Sec. 5. No person shall, either in aid of his own candidacy 
 or election, or in aid of the candidacy or election of any other 
 person for the choice of the electors for United States senator, 
 give, pay, expend or promise any money or reward to any 
 one whomsoever. 
 Petition. Referendum 
 
 Section 1. Whenever ten per centum or more of the 
 voters of this state, as shown by the number of votes cast at 
 the last preceding general election for justice of the supreme 
 court, shall express their wish that any law or resolution 
 made by the legislature be submitted to the vote of the 
 people, they shall file with the secretary of state, not less than 
 four months before the time set for such general election, a 
 petition, which petition shall contain the names and resi- 
 dences of at least ten per centum of the voters of this state, 
 demanding that a referendum vote be had by the people of 
 the state at the next general election upon the bill or resolu- 
 tion on which the referendum is demanded. 
 
 More Than One Petition — Verification. 
 
 Sec. 2. The names of the electors so petitioning need not 
 all be upon one petition, but may be contained in one or 
 more petitions ; but each petition must be verified by at least 
 one of the voters who has signed such petition, and such 
 voter making such verification must swear that the persons 
 signing said petition are qualified voters of this state. Said 
 petition may be verified upon information and belief. 
 
78 REFERENDUM 
 
 Secretary of State to Certify Questions to the County 
 Clerks — Same To Be Public . 
 Sec. 3. That upon receipt of said petition by the secretary 
 of state he shall file the same, and at the next general election 
 shall submit the question of the approval or disapproval of 
 said law or resolution to the people of the state to be voted 
 upon at the ensuing election wherein any state or congres- 
 sional officer is to be voted for, or wherein any question may 
 be voted upon by the electors of the entire state. And the 
 secretary of state shall certify the said law to the several 
 county clerks in this state, and they shall publish the same 
 in accordance with the provisions of law requiring the said 
 county clerks to publish questions and constitutional amend- 
 ments w^hich are to be submitted for popular vote. 
 
 Questions, How Placed on Ballots. 
 
 Sec. 4. That the title of the act shall be set out on the bal- 
 lot, and the question printed upon the ballot for the informa- 
 tion of the voters shall be as follows : Shall the act (setting 
 out the title thereof) be approved ? And the votes cast upon 
 such questions shall be counted and canvassed as are the votes 
 for state officers counted and canvassed. 
 
 Operation of Referendum. 
 
 Sec. 5. When a majority of the electors voting at a state 
 election, shall, by their vote signify their approval of an act 
 submitted at such election, such act shall stand as the law 
 of the state, and shall not be overruled, annulled, set aside, 
 suspended or in any way made inoperative, except by a direct 
 vote of the people. When a majority shall so signify dis- 
 approval, the law or resolution so disapproved shall be void 
 and of no effect. 
 
 Sec. 6. Those certain acts entitled — 
 
 "An act prescribing what shall constitute actual residence 
 within the meaning of article 2 of the constitution of the 
 State of Nevada," approved March 4, 1889 ; 
 
 "An act to provide for the registration of the names of 
 electors and to prevent frauds at elections," approved March 
 
 5, 1869 ; 
 
 "An act to provide for the registration of the names of 
 electors and to prevent fraud at elections in certain incorpo- 
 rated cities within the State of Nevada, providing certain 
 penalties and other matters properly appertaining thereto," 
 approved March 24, 1911 ; 
 
 "An act supplemental to an act entitled 'An act to provide 
 for the registration of the names of electors and to prevent 
 fraud at elections,' approved March 5, 1869," approved 
 February 20, 1885 ; 
 
 "An act to provide for the registration of voters in case of 
 death or resignation of registry agents," approved March 
 
 6, 1879 ; 
 
 "An act to provide for the direct nomination of candidates 
 
REFERENDUM 79 
 
 for public office by electors, political parties and organiza- 
 tions of electors, without conventions, at elections to be 
 known and designated as primary elections, determining the 
 tests and conditions upon which electors, political parties and 
 organizations of electors may participate in any such pri- 
 mary election, and establishing the rates of compensation for 
 primary election officers serving at such primary elections; 
 providing for the organization of political methods whereby 
 the electors of political parties may express their choice at 
 such primary elections for United States senator, to provide 
 for the registration of voters for said primary elections and 
 the compensation of registry agents, and to provide penalties 
 for violating the provisions of this act," approved March 23, 
 1909; 
 
 "An act relating to elections," approved March 12, 1873; 
 
 "An act providing for the closing of polls at elections in 
 certain cases," approved March 6, 1889; 
 
 "An act to provide for the transmission of ballots, poll 
 books and tally lists by mail in certain cases," approved 
 March 6, 1889 ; 
 
 "An act relating to elections," approved March 6, 1889; 
 
 "An act relating to elections and to more fully secure the 
 secrecy of the ballot," approved March 13, 1891; 
 
 "An act relating to elections and to more fully secure the 
 secrecy of the ballot," approved March 6, 1893 ; 
 
 "An act supplementary to an act entitled 'An act relating 
 to elections and to more fully secure the secrecy of the bal- 
 lot,' approved March 13, 1891" approved March 18, 1901; 
 
 "An act supplemental to an act entitled 'An act relating 
 to elections and to more fully secure the secrecy of the bal- 
 lot, ' " approved March 19, 1901 ; 
 
 " An act concerning the election of town and city officers in 
 this state, and matters properly connected therewith," 
 approved March 22, 1897 ; 
 
 "An act to provide for taking the votes of electors of the 
 State of Nevada, who may be in the military service of the 
 United States," approved March 14, 1899; 
 
 "An act to secure the election of United States senator in 
 accordance with the will of the people and the choice of the 
 electors of the state, and to obtain an expression of such 
 choice, and to prevent fraud and official dereliction of duty 
 in connection with such election," approved March 14, 1899; 
 
 "An act limiting the time in which proceedings for con- 
 testing the election of any officer may be begun," approved 
 March 25, 1903 ; 
 
 "An act to provide for submitting certain acts of the legis- 
 lature for approval by the qualified electors of the State of 
 Nevada, in accordance with the referendum provisions of the 
 constitution," approved March 24, 1909 — 
 are hereby repealed. 
 
80 CORRUPT PRACTICE ACT 
 
 CORRUPT PRACTICE ACT 
 
 Chap. 282 — An Act to limit expenditures for campaign and 
 election purposes to candidates, their political agents, and 
 managing committees of political parties; to prescribe the 
 manner of appointment of such agents; to limit the contri- 
 butions, expenditures and liabilities of candidates, political 
 agents and managing committees of political parties; to 
 define, prohibit and punish corrupt and illegal practices in 
 connection with or relative thereto [at] primary, special 
 and general elections; to secure and protect the purity of 
 the ballot; to prohibit the use of conveyances to carry 
 voters to the polls; to prohibit the peddling or distributing 
 of liquors and cigars by candidates for office; to prohibit 
 and punish the making, publication and circulation of false 
 charges and statements against candidates, the doing of 
 any act tending to deceive or interfere with the voter; and 
 to provide for furnishing information to electors. 
 
 [Approved March 31, 1913] 
 
 Restricting Expenses of Candidate. 
 
 Section 1. In all political campaigns in this state con- 
 ducted for the purpose of nominating or electing candidates 
 to office, no sum of money shall be paid, and no expenses 
 incurred, and no workers employed by any person except the 
 candidate, or his duly appointed political agents, or the regu- 
 larly constituted committees of the party, of which the can- 
 didate is a nominee. 
 
 Candidate May Appoint One Agent in Each County. 
 
 Sec. 2. A candidate may appoint a number of political 
 agents not exceeding one for each county in the state. Such 
 appointment shall be in writing, giving the full name of the 
 agent, and his postoffice and residence address and state the 
 maximum to be expended and liability to be incurred by such 
 agent, and shall be signed by the candidate; such appoint- 
 ment by a candidate for a state office, including candidates 
 for the office of senator of the United States, and representa- 
 tive in congress, shall be filed with the secretary of state. 
 Such appointments by other candidates shall be filed with 
 the county clerk or clerks of the counties wherein the candi- 
 dates seek office. No political agent shall have authority to 
 pay money, incur expenses, or employ workers, or do other 
 acts for or on behalf of any candidate, until after his said 
 appointment is made and filed as herein provided. 
 
 Agent May Use Only PrincipaVs Money in Limited Amount. 
 
 Sec. 3. No political agent shall procure, or pay out, any 
 money, except the money of his principal, nor incur any 
 
CORRUPT PRACTICE ACT 81 
 
 expenses, except on the credit of his principal, and then not 
 in excess of an amount specially authorized in writing by 
 said principal, in his said appointment. 
 
 Limited to 20 Per Cent of One Year's Salary. 
 
 Sec. 4. No sums of money shall be paid, and no expenses 
 authorized, permitted or incurred, by or on behalf of any 
 candidate for nomination in his campaign for nomination to 
 any public office in the state in excess of twenty per cent of 
 one year's compensation, or salary of the office for which he 
 seeks to be a candidate. For the purposes of this law the 
 contribution, expenditure, or liability of a candidate's politi- 
 cal agent, or other person, with the consent of the candidate, 
 shall be considered as, and held to be, that of a candidate. 
 
 Contribution to Party Funds Limited. 
 
 Sec. 5. No sums of money shall be paid and no expenses 
 authorized, permitted or incurred by or on behalf of any 
 candidate, who has received the nomination for any public 
 office, or position in this state, except such as may be con- 
 tributed by him to the managing committee of his party, in 
 excess of 20 per cent of one year 's salary, or compensation of 
 the office for which he is nominated, and no such candidate 
 shall pay, or contribute, or become liable to the managing 
 committee of his political party in any sum of money in 
 excess of 20 per cent of one year's salary, or compensation 
 of the office for which he is nominated ; provided, that candi- 
 dates for any office may expend the sum of $150. The word 
 expense or expenses in this bill shall not be construed to 
 include and shall not include the personal traveling and liv- 
 ing expenses of the candidate, or the postage, telegraph or 
 telephone expenses of such candidate. 
 
 Committees Restricted in Expenditures. 
 
 Sec. 6. No political party in any campaign in this state, 
 through its managing committees, or otherwise, shall pay, 
 distribute or expend, any sums of money, or incur, authorize, 
 or permit any expenses, or liabilities in excess of a sum equal 
 to 20 per cent of the salary or compensation for one year of 
 each and all candidates for state office, including senators 
 and representatives in congress. 
 
 Terms Construed. 
 
 Sec. 7. Terms used in this act shall be construed as fol- 
 lows, unless other meaning is clearly apparent from the 
 language or context, or unless such construction is inconsist- 
 ent with the manifest intent of the law. 
 
 "Persons" shall apply to any individual, or number of 
 individuals, male or female, and, where consistent with collec- 
 tive capacity, to any committee, firm, partnership, club, 
 organization, association, corporation, or other combination 
 of individuals. 
 
 "Candidate" shall apply to any person whose name is 
 
82 CORRUPT PRACTICE ACT 
 
 printed on an official ballot for public office, or whose name 
 is expected to be or has been presented for public office, with 
 his consent, for nomination or election. 
 
 "Political committee" shall apply to every combination 
 of two or more persons who shall aid or promote the success 
 or defeat of a candidate, or a political party or principle, and 
 the provisions of law relating thereto shall apply to any firm 
 or partnership, to any corporation, and to any club, organi- 
 zation, association, or other combination of persons, whether 
 incorporated or not, with similar purposes, whether primary 
 or incidental. 
 
 "Public office" shall apply to any national, state, county, 
 city or precinct office to which a salary attaches and which is 
 filled by the voters, as well as the office of presidential elector. 
 United States senator, representative in congress, or presid- 
 ing officer of either branch of the legislature. 
 
 "Give," "provide," "expend," "contribute," "receive," 
 "ask," "solicit," and like terms, with their corresponding 
 nouns, shall apply to money, its equivalent, or any thing of 
 value; shall include the promise, advance, deposit, borrow- 
 ing or loan thereof, and shall cover all or any part of a trans- 
 action, whether it be made directly or indirectly. 
 
 None of the provisions of this act shall be construed as 
 relating to the rendering of services by speakers, writers, 
 publishers, or others, for which no compensation is asked or 
 given. 
 
 Sworn Statements of Various Candidates. 
 
 Sec. 8. Every candidate for nomination or election to 
 public office, including candidates for the office of senator of 
 the United States, and representative in congress, shall, five 
 days before and fifteen days after the election at which he was 
 a candidate, file with the secretary of state, if a candidate for 
 senator of the United States, representative in congress, or 
 for any state or district office in a district composed of one 
 or more counties, and with the county clerk, if a candidate 
 for state senator, or assemblyman, or for county and pre- 
 cinct offices, and with the city clerk if for a city office, an 
 itemized sworn statement setting forth in detail all the 
 moneys, or other valuable thing contributed, expended or 
 promised by him to aid and promote his nomination or elec- 
 tion, or both as the case may be, and for the election of his 
 party candidate, including contributions to the managing 
 committee, or other committee of the party, and all existing 
 unfulfilled promises of every character, and all liabilities 
 remaining uncanceled and in force at the time such state- 
 ment is made, whether such expenditures, promises and lia- 
 bilities were made or incurred before, during or after such 
 election. If no money or other valuable thing was given, 
 paid, expended, contributed, or promised, and no unfulfilled 
 liabilities were incurred by a candidate for public office to 
 aid or promote his nomination or election of his party candi- 
 
CORRUPT PRACTICE ACT 83 
 
 dates, he shall file a statement to that effect within fifteen 
 days after the election at which he was a candidate. Any 
 candidate who shall fail to file such statement shall be fined 
 twenty-five dollars for every day on which he was in default, 
 unless prevented from doing so by unavoidable circum- 
 stances, to the satisfaction of the court. Fifteen days after 
 any such election, the secretary of state, or county clerk, as 
 the case may be, shall notify the district attorney of any fail- 
 ure to file such a statement on the part of any candidate, and 
 within ten days thereafter such prosecuting officer shall pro- 
 ceed to prosecute said candidate for such offense. 
 
 Detailed Accounts Must Be Kept. 
 
 Sec. 9. Every political committee shall have a chairman 
 and a treasurer, and shall cause the treasurer to keep detailed 
 accounts of all its receipts, payments and liabilities; a true 
 and correct statement of such accounts, verified by the affi- 
 davit of the chairman and treasurer, shall be filed with the 
 secretary of state five days before, and again within fifteen 
 days after the election. Similar accounts shall be kept by 
 every person who in the aggregate receives or expends money 
 or incurs liability to the amount of more than fifty dollars, for 
 political purposes, and by every political agent and candi- 
 date. Such accounts shall cover all transactions in any way 
 affecting or connected with the political canvass, campaign, 
 nomination or election concerned. Every person receiving 
 or expending money or incurring liability by authority or in 
 behalf of or to promote the success or defeat of such com- 
 mittee, agent, candidate, or other person or political party 
 or organization, shall, on demand, and in any event within 
 fourteen days after such receipt, expenditure, or incurrence 
 of liability, give such treasurer, agent, candidate, or other 
 person on whose behalf such expense or liability was incurred, 
 detailed account thereof with proper vouchers. Every pay- 
 ment, except payments less in the aggregate than five dollars 
 to any person, shall be vouched for by a receipted bill stating 
 the particulars of expense. Every voucher, receipt and account 
 hereby required shall be a part of the accounts and files of such 
 treasurer, agent, candidate or other person, and shall be pre- 
 served by the public officer with whom it shall be filed for at 
 least six months after the filing of the same, and if any con- 
 test for office or criminal prosecution is instituted wherein 
 the same may become necessary or material, until the final 
 determination of such contest or prosecution, as the case may 
 be. Any person not a candidate for any office or nomina- 
 tion who expends money or anything of value to any amount, 
 or incurs indebtedness, greater than fifty dollars, in any 
 campaign for nomination or election, to aid in the election 
 or defeat of any candidate or candidates, or party ticket, or 
 measure before the people, shall within ten days before and 
 ten days after the election in which said money or valuable 
 thing was expended, or indebtedness incurred, file with the 
 
84 CORRUPT PRACTICE ACT 
 
 secretary of state, in the case of a measure voted upon by the 
 people, or of state or district offices for districts composed of 
 one or more counties, or with the county clerk for the county 
 offices, an intemized statement of such receipts, expenditures 
 and indebtedness and vouchers for every sum paid in excess 
 of five dollars, and shall at the same time deliver to the candi- 
 date or treasurer of the political organization whose success 
 or defeat he has sought to promote, a duplicate of such state- 
 ment and a copy of such vouchers. The books of account of 
 every treasurer of any political party, committee or organiza- 
 tion, during an election campaign, shall be open at all reason- 
 able office hours to the inspection of the treasurer and chair- 
 man of any opposing political party or organization, or their 
 representative appointed in writing, for the same electoral 
 district or territory; and his right of inspection may be 
 enforced by a writ of mandamus by any court of competent 
 jurisdiction. Such treasurer shall preserve such book of 
 accounts as herein provided for the preserving of vouchers, 
 receipts and accounts by certain public officers. 
 
 Secretary of State To Include This Act in Election Laws. 
 
 Sec. 10. The secretary of state shall, at the expense of the 
 state, furnish to the county clerk, copies of this act as a part 
 of the election laws. In the filing of a nomination petition 
 or certificate of nomination, the secretary of state, in the 
 case of state and district offices for districts composed of one 
 or more counties, and county clerks for county offices, shall 
 transmit to the several political committees, and to political 
 agents, as far as they may be known to such officer, copies of 
 this act, and also to any other person required to file a state- 
 ment, such copies shall be furnished upon application there- 
 for. Upon his own information, or at the written request of 
 any voter, said secretary of state shall transmit to any other 
 person believed by him or averred to be a candidate, or who 
 may otherwise be required to make a statement, a copy of 
 this act. 
 
 Officers Shall Inspect Accounts of Political Committees and 
 Candidates. 
 Sec. 11. The several officers with whom statements are 
 required to be filed, shall inspect all statements of accounts 
 and expenses relating to nominations and elections filed with 
 them within ten days after the same are filed; and if upon 
 examination it appears that any person has failed to file a 
 statement as required by law, or if it appears to any such 
 officer that the statement filed with him does not conform to 
 law, or upon complaint in writing by a candidate or by a 
 voter that a statement filed does not conform to law or to the 
 truth, or that any person has failed to file a statement which 
 he is by law required to file, said officer shall forthwith in 
 writing notify the delinquent person. Every such complaint 
 filed by a citizen or candidate shall state in detail the grounds 
 
CORRUPT PRACTICE ACT 85 
 
 of objections, shall be sworn to by the complainant and shall 
 be filed with the officer within sixty days after the filing of 
 the statement or amended statement. Upon the written 
 request of a candidate or any voter, filed within sixteen days 
 after any convention, primary or nominating election, said sec- 
 retary of state, or county clerk, as the case may be, shall 
 demand from any specified person or candidate a statement 
 of all his receipts, disbursements and liabilities, and a state- 
 ment of all promises made by him, in connection with or in 
 any way relating to the nomination or election concerned, 
 whether it is an office to which a salary or compensation is 
 attached or not, and said person shall thereupon be required 
 to file such statement and to comply with all the provisions 
 relating to statements herein contained, and mandamus shall 
 lie to compel obedience to such requirements. Whoever 
 makes a statement required by this act shall make oath 
 attached thereto that it is in all respects correct, complete, 
 full and true, to the best of his knowledge and belief, and 
 said verification shall be substantially in the form herein pro- 
 vided. 
 
 Failure To File Statement, How Punished. 
 
 Sec. 12. Upon the failure of any person to file a state- 
 ment within ten days after receiving notice under the pre- 
 ceding section, or if any statement filed as above discloses 
 any violation of any provision of this act relating to corrupt 
 practices in elections, or in any other provision of the elec- 
 tion laws, the secretary of state or the county clerk, as the 
 case may be, shall forthwith notify the attorney-general and 
 the district attorney of the district where said violation 
 occurred, and shall furnish them with copies of all papers 
 relating thereto, and said district attorney shall within sixty 
 days thereafter examine every such case, and if the evidence 
 seems to him to be sufficient under the provisions of this act 
 he shall in the name of the state forthwith institute such civil 
 or criminal proceedings as may be appropriate to the facts. 
 Any such proceeding may be instituted by the attorney- 
 general and it shall be his duty to assist in the prosecution of 
 such violations with regard to all offices except county offices, 
 and in case of county offices, he may, if he believes the facts 
 warrant it, and the district attorney fail to prosecute, to 
 institute such proceedings as he may believe the facts justify. 
 
 District Court To Have Jurisdiction. 
 
 Sec. 13. The district court of the county in which any 
 statement of accounts and expenses relating to nominations 
 and elections should be filed, or where the offense is com- 
 mitted, or the defendant resides, unless herein otherwise pro- 
 vided, shall have original jurisdiction of all violations of this 
 act, and may compel any person who fails to file such a state- 
 ment which conforms to the provisions of this act in respect 
 to its truth, sufficiency in detail or otherwise to file a sufficient 
 
86 CORRUPT PRACTICE ACT 
 
 statement, upon the application of the attorney-general or of 
 the district attorney, or the petition of a candidate or of any 
 voter. 
 
 All Statements To Be Preserved at Least Six Months; Sub- 
 ject to Public Inspection. 
 Sec. 14. All statements filed in pursuance of this act shall 
 be preserved by the officer with whom filed for at least six 
 months, and if a contest or action of any kind, civil or crim- 
 inal, shall be instituted, until the same is finally disposed 
 of. They shall be public records subject to public inspection, 
 and it shall be the duty of the officers having custody of the 
 same to give certified copies thereof in like manner as of all 
 other public records. The totals of each statement, filed with 
 him, with the name of the person or candidate filing it, shall 
 be published in the next annual report of the secretary of 
 state or the county clerk, as the case may be. 
 
 Fictitious Names Must Not Be Used. 
 
 Sec. 15. No person shall make a payment of his own 
 money or of any other person's money to any other person 
 in connection with the nomination or election in any other 
 name than that of the person who in truth supplies such 
 money; nor shall any person knowingly receive such pay- 
 ment or enter or cause the same to be entered in his accounts 
 or records in any other name than that of the person by 
 whom it was actually furnished; provided, if money be 
 received from the treasurer of any political organization it 
 shall be sufficient to enter the same as received from such 
 treasurer. 
 
 Promise of Appointment, Direct or Indirect, Not To Be 
 Made by Candidate; Exception. 
 Sec. 16. No person shall, in order to aid or promote his 
 nomination or election, directly or indirectly, himself or 
 through any other person, promise to appoint another per- 
 son, or promise to secure or aid in securing the appointment, 
 nomination or election of another person to any public or 
 private position or employment, or to any position of honor, 
 trust or emolument, except that he may publicly announce 
 or define his choice or purpose in relation to any election in 
 which he may be called to take part, if elected, and if he is 
 a candidate for nomination or election as a member of the 
 legislature, he may pledge himself to vote for the people's 
 choice for United States senator, or state what his action 
 will be on such vote. 
 
 Campaign Contributions, or Demand for Same, Prohibited. 
 Sec. 17. No holder of any public position or office other 
 than an office filled by the voters, shall pay or contribute to 
 aid or promote the nomination or election of any other per- 
 son to public office. No person shall invite, demand or accept 
 payment or contribution from such holder of a public 
 position or office for campaign purposes. 
 
CORRUPT PRACTICE ACT 87 
 
 Appointive Officer Cannot he Delegate to Political Conven- 
 tion, or Member of Committee. 
 Sec. 18. No holder of a public position other than an 
 office filled by the voters shall be a delegate to a convention 
 for the election district that elects the officer or board under 
 whom he directly or indirectly holds such position, nor shall 
 be a member of a political committee for such district. 
 
 Proxies Not Bought or Sold. 
 
 Sec. 19. No person shall invite, offer or effect the trans- 
 fer of any convention, caucus or committee credential in 
 return for any payment of money or other valuable thing, 
 or appointment to any position whatsoever. 
 
 Payment for Withdrawing as Candidate Prohibited. 
 
 Sec. 20. No person shall pay, or promise to reward 
 another in any manner or form for the purpose of inducing 
 him to be or refrain from being or cease being a candidate 
 for office, and no person shall solicit any payment, promise 
 or reward from another for such purpose. 
 
 Contributions to Societies, Clubs, Etc., Must Not Be Asked 
 of Candidate During Campaign. 
 Sec. 21. No person shall demand, solicit, ask or invite any 
 payment or contribution for any religious, political, char- 
 itable, social or other cause or organization supposed to be 
 primarily or principally for the public good, from a person 
 who seeks to be or has been nominated or elected to any 
 office; and no such candidate or elected person shall make 
 any such payment or contribution if it shall be demanded 
 or asked during the time he is a candidate for nomination 
 or election to or while an incumbent of an office. No pay- 
 ment or contribution for any purpose shall be made a con- 
 dition precedent to the putting of a name on any caucus or 
 convention ballot or nomination or petition, or to the per- 
 formance of any duty imposed by law on a political com- 
 mittee. No person shall demand, solicit, ask or invite any 
 candidate to subscribe to the support of any club, church or 
 organization of any kind, to buy tickets to any entertain- 
 ment or ball, or to subscribe for or pay for space in any 
 book, program, periodical or otfier publication; if any can- 
 didate shall make any such payment or contribution with 
 hope or intent to influence the result of the election, he shall 
 be guilty of a corrupt practice; but this section shall not 
 apply to the solicitation of any business advertisement for 
 insertion in any periodical in which such candidate was reg- 
 ularly advertising prior to his candidacy, nor to ordinary 
 business advertisements, nor to his regular payment to any 
 organization, religious, charitable or otherwise, of which he 
 may have been a member, or to which he may have been a 
 contributor, for more than six months before his candidacy 
 nor to ordinary contributions at church services. 
 
88 CORRUPT PRACTICE ACT 
 
 Corporation or Officers Thereof Prohibited from Contrib- 
 uting to Campaign Funds. 
 Sec. 22. No corporation, and no person, trustee or trus- 
 tees, director or directors, owning, holding or representing 
 the majority of the stock of a corporation carrying on the 
 business of a bank, savings bank, cooperative bank, trust, 
 company, trust trustee, surety, indemnity, safe deposit, 
 insurance, . railroad, street railway, telegraph, telephone, 
 gas, electric light, heat, power, canal, aqueduct, water, sewer, 
 cemetery, or crematory company, or any company having 
 the right to take or condemn land or to exercise franchises in 
 public ways granted by the state or by the county, city or 
 town, or mining company, shall pay or contribute any money 
 or other consideration, or employ politicians, workers, speak- 
 ers, advertisers in order to aid, promote or prevent the nom- 
 ination or election of any person, or in order to aid or pro- 
 mote the interests, success or defeat of any political party, 
 organization or person. No person shall solicit or receive 
 such payment or contribution from such corporation or such 
 holders, owners or representatives of a majority of the stock 
 in any of such corporations. 
 
 ^' Treating'^ Prohibited. 
 
 Sec. 23. Any person or candidate who shall, either by 
 himself or by another person, either before or after an elec- 
 tion, or while such person or candidate is seeking a nomina- 
 tion or election, directly or indirectly, give or provide, or 
 pay, wholly or in part, the expenses of giving or providing 
 any meat or drink or other entertainment or provision, 
 clothing, liquors, cigars or tobacco, to or for any person for 
 the purpose of or with intent or hope to induce that person 
 or any other person to give or refrain from giving his vote 
 at such election to or for any candidate or political party, 
 ticket, or measure before the people or on account of such 
 person or any other person having voted or refrained from vot- 
 ing for any candidate or the candidates of any political party 
 or organization or measure before the people, or being about 
 to vote or refrain from voting at such election, shall be guilty 
 of treating. Every elector who accepts or takes any such 
 meat, drink, entertainment, provision, clothing, liquors, 
 cigars or tobacco, shall also be guilty of treating; and such 
 acceptance shall be a ground of challenge to his vote and 
 rejecting his vote on a contest. 
 
 Force or Threats of All Kinds Prohibited. 
 
 Sec. 24. Every person who shall directly or indirectly, 
 by himself or any other person, in his behalf, make use of or 
 threaten to make use of any force, coercion, violence, 
 restraint, or undue influence, or inflict or threaten to inflict, 
 by himself or any other person, any temporal or spiritual 
 injury, damage, harm or loss upon or against any person, 
 expose or publish, or threaten to expose or publish, or pub- 
 
CORRUPT PRACTICE ACT 89 
 
 lish an}^ fact concerning a person in order to induce or com- 
 pel such person to vote or refrain from voting for any 
 candidate or the ticket of any political party or any measure 
 before the people ; and every person who, otherwise than by 
 public speech or print, shall, either directly or indirectly, 
 urge, persuade or command any voter to vote, or refrain from 
 voting for or against any candidate or political party ticket 
 or measure submitted to the people, in the interest of any 
 church, religious or other corporation or organization, or 
 who shall by abduction, duress or any fraudulent contriv- 
 ance, impede or prevent the free exercise of the franchise by 
 any voter at any election, or shall thereby compel, induce or 
 prevail upon any elector to give or refrain from giving his 
 vote, or shall discharge, or change the place of any employee 
 with the intent and for the purpose of impeding or prevent- 
 ing the free exercise of the franchise by such voters, shall be 
 guilty of undue influence, and shall be punished as for a cor- 
 rupt practice. 
 
 Betting Money on Election Prohibited — Grounds for Chal- 
 lenge. 
 Sec. 25. Any candidate who, before or during any elec- 
 tion campaign, makes any bet or wager of anything of pecun- 
 iary value, or in any manner becomes a party to any such bet 
 or wager on the result of the election in this state, or in any 
 part thereof, or on any event or contingency relating to any 
 pending election, or who provides money or other valuable 
 thing to be used by any person in betting or wagering upon 
 the results of any pending election, shall be guilty of a cor- 
 rupt practice. Any person who makes any bet or wager of 
 anything of pecuniary value on the result of such election 
 in this state or in any part thereof, or of any pending elec- 
 tion, or on any event or contingency relating thereto, shall 
 be guilty of a corrupt practice, and in addition thereto any 
 such act shall be a ground of challenge against his right to 
 vote. 
 
 Applying for Ballot in Name of Another a Felony. 
 
 Sec. 26. Any person shall be deemed to be guilty of the 
 offense of personation who, at any election, applies for a bal- 
 lot in the name of some other person, whether it be that of a 
 person living or dead, or of a fictitious person, or who, hav- 
 ing voted once at an election applies at the same election for 
 a ballot in his own name; and on conviction thereof such 
 person shall be punished by imprisonment in the peniten- 
 tiary at hard labor for not less than one nor more than three 
 years. 
 
 Corrupt Practices Defined — When Deemed Prevalent. 
 
 Sec. 27. Any person shall be guilty of a corrupt practice 
 within the meaning of this act if he expends any money for 
 election purposes contrary to the provisions of any statute of 
 this state, or if he is guilty of treating, undue influence, per^ 
 
90 CORRUPT PRACTICE ACT 
 
 sonation, the giving or promising to give, or offer of any 
 money or valuable thing to any elector with intent to induce 
 such elector to vote for or refrain from voting for any can- 
 didate for public office, or the ticket of any political party 
 or organization, or any measure submitted to the people, at 
 any election, or to register or refrain from registering as a 
 voter at any state, district, county, city, town, village or 
 school district election for public offices or on public meas- 
 ures. Such corrupt practice shall be deemed to be prevalent 
 when instances thereof occur in different election districts 
 similar in character and sufficient in number to convince the 
 court before which any case involving the same may be tried 
 that they were general and common, or where pursuant to 
 a general scheme or plan. 
 
 Payment of Transportation or Other Expenses of Voters 
 Prohibited. 
 Sec. 28. It shall be unlawful for any person to pay 
 another for any loss or damage due to attendance at the polls, 
 or in registering, or for the expense of transportation to or 
 from the polls, or for the purpose of registering. No per- 
 son shall pay for personal service to be performed on the 
 day of a caucus, primary, convention, or any election, for 
 any purpose connected therewith, tending in any way, 
 directly or indirectly, to affect the result of the election, 
 except for the hiring of not to exceed two persons for each 
 polling precinct, whose sole duty shall be to act as chal- 
 lengers and watch the count of the official ballots. 
 
 Employee of Corporation Culpable, When. 
 
 Sec. 29. Any officer, agent, servant, employee or repre- 
 sentative of a corporation, acting for such corporation, while 
 without the State of Nevada, or any individual, while with- 
 out the state, acting in behalf of himself, or another or 
 others, who shall do any one or more of the acts and things 
 prohibited by this act, shall be guilty of a corrupt practice 
 and punished accordingly. 
 
 Conveyances Must Not Be Provided for Voters — Exception, 
 With Provisions. 
 Sec. 30. No individual or committee representing any 
 political party or candidate for office, and no candidate for 
 office, either in a general, special or primary election, shall 
 furnish or provide any buggy, carriage, wagon, cart, auto- 
 mobile, or conveyance of any kind or character whatsoever 
 for the taking or transporting of a voter or voters to the 
 polls, nor shall any other person or corporation furnish any 
 of said conveyances for any such purpose in behalf of any 
 candidate, political party, organization or measure ; pro- 
 vided, that any two or more political parties may cooperate 
 in the furnishing of conveyances for the purpose of taking 
 sick or crippled persons to the polls, but when so furnished 
 they shall have neither banner nor worker upon them. Any 
 
CORRUPT PRACTICE ACT 01 
 
 person violating this section shall be guilty of a corrupt 
 practice. 
 
 Cigars, Liquor and Candy Prohibited. 
 
 Sec. 31. No candidate for office, either in a general, 
 special or primary election shall peddle or distribute cigars, 
 liquors or confectioneries to any person while such candidate, 
 nor shall any person or persons in behalf of a candidate 
 peddle or distribute cigars, tobaccos, liquors or confection- 
 eries. Any person violating this section shall be guilty of a 
 corrupt practice. 
 
 Witness Not To Incriminate Self. 
 
 Sec. 32. No person, otherwise competent as a witness, 
 shall be exempt from testifying as such, concerning any vio- 
 lation of this act, on the ground that such testimony may 
 incriminate him; provided, no prosecution shall afterwards 
 be had against any such witness for any offense concerning 
 which he testifies. 
 
 Certain Inhibitions Concerning Newspapers. 
 
 Sec. 33. No publisher of a newspaper or other periodical 
 shall insert, either in its advertisement or reading columns 
 any paid matter which is designed or tends to aid, injure or 
 defeat any candidate or political party or organization, or 
 measure before the people, unless it is stated therein that it is 
 paid advertisement, and the name of the chairman or secre- 
 tary, or the names of the other officers of the political or 
 other organization inserting the same, or the name of the 
 person who is responsible therefor, if any, appear in such 
 advertisement in the nature of a signature. No person shall 
 directly or indirectly pay or offer any inducement to the 
 owner, editor, publisher or agent of any newspaper or other 
 periodical to induce him to editorially advocate or oppose any 
 candidate for nomination or election, and no such owner, 
 editor, publisher or agent of any newspaper or periodical 
 shall accept such payment or other inducement. Any per- 
 son who shall violate any of the provisions of this section 
 shall be punished as for a corrupt practice. 
 
 All Printed Matter Must Carry Name of Author and Printer, 
 With Address. 
 Sec. 34. It shall be unlawful to write, print, or circulate 
 through the mails or otherwise any letter, circular, bill, pla- 
 card or poster relating to any election or to any candidate at 
 any election, unless the same shall bear on its face the name 
 and address of the author, and of the printer and publisher 
 thereof; and any person writing, printing, publishing, cir- 
 culating, posting, or causing to be written, printed, circu- 
 lated, posted or published any such letter, bill, placard, 
 circular, or poster, as aforesaid, Avhich fails to bear on its face 
 the name and address of the author and of the printer and 
 publisher, shall be guilty of an illegal practice, and shall, on 
 
92 CORRUPT PRACTICE ACT 
 
 conviction thereof, be punished by a fine of not less than ten 
 dollars nor more than one thousand dollars, or by imprison- 
 ment in the county jail for not more than eight months, or 
 by both such fine and imprisonment. If any letter, circular, 
 poster, bill, publication or placard shall contain any false 
 statement or charges, whether such charges be direct or by 
 innuendo, insinuation or implication, reflecting on any candi- 
 date's character, morality or integrity, the author thereof and 
 every person printing or knowingly assisting in the circula- 
 tion thereof, shall be guilty of political criminal libel, and 
 upon conviction thereof shall be punished by imprisonment 
 in the penitentiary for not less than one nor more than three 
 years. If the person charged with such crime shall, on his 
 trial, prove that the statements made were true, or that he 
 had reasonable ground to believe such charge was true, and 
 did believe it was true, and that he was not actuated by 
 malice in making such publication, it shall be a sufficient 
 defense to such charge. But in the event the defense is that 
 defendant had reasonable ground to believe the charge was 
 true, and did believe it to be true, as a part of his defense, 
 he shall also prove that, at least five days before such letter, 
 circular, poster, bill or placard containing such false state- 
 ment or statements was printed or circulated, he caused to 
 be served personally upon the candidate to whom it relates 
 a copy thereof in writing, and calling his attention particu- 
 larly to the charges contained therein, and that, before print- 
 ing, publishing, or circulating such charges, he received and 
 read any denial, defense or explanation, if any, made or 
 offered to him in writing by the accused candidate within 
 five days after the service of such charge upon the accused 
 person. 
 
 Candidate's Name Not To Be Put on Official Ballot Unless 
 Statement Regarding Primary Expenses Is Filed. 
 Sec. 35. The name of the candidate chosen at a primary 
 nominating election or otherwise, shall not be printed on the 
 official ballot for the ensuing election unless there has been 
 filed by or on behalf of said candidate the statements of 
 accounts and expenses relating to nominations required by 
 this act, as well as a statement of his political agents and by 
 his political committee or committees in his behalf, if pub- 
 lic records disclose the existence of such agents, committee 
 or committees. The officer, or board entrusted by law with 
 the preparation of the official ballots for any election shall, 
 as far as practical, warn candidates of the danger of omis- 
 sion of their names by reason of this provision, but delay 
 in making any such statement beyond the time prescribed 
 shall not preclude its acceptance or prevent the insertion of 
 the name on the ballot if there is reasonable time therefor 
 after the receipt of such statements. Any such vacancy on 
 the ballot shall be filled by the proper committee of the polit- 
 
CORRUPT PRACTICE ACT 98 
 
 ical party affected in the manner authorized by law, but not 
 by the use of the name of the candidate who failed to file 
 such statements. No person shall receive a certificate of 
 election until he shall have filed his statements required b> 
 this act. 
 
 Unlawful To Be, or Refrain from Being, Candidate for Con- 
 sideration. 
 Sec. 36. It shall be unlawful for any person to accept, 
 receive or pay money or other valuable consideration for 
 becoming or refraining from becoming a candidate for nomi- 
 nation or election. Upon complaint made to any district 
 court, if the judge shall be convinced that any person has 
 sought the nomination or seeks to have his name presented 
 to the voters as a candidate for nomination by any political 
 party, in violation of the provisions of this section, the judge 
 shall forthwith issue a writ of injunction restraining the 
 officer or officers whose duty it is to prepare the official bal- 
 lots for such nominating election from placing the name of 
 such person thereon as a candidate for nomination to any 
 office. In addition thereto the court shall direct the district 
 attorney to institute criminal proceeding against such per- 
 son or persons for corrupt practice, and upon conviction 
 thereof he and any person or persons paying or giving any 
 such valuable consideration for becoming or refraining from 
 becoming a candidate shall be punished by a fine of not more 
 ttian one thousand dollars, or imprisoned in the county jail 
 for not more than one year, or both. 
 
 Candidate Not Deprived of Nomination or Office for Trivial 
 Offense. 
 Sec. 37. Where, upon the trial of any action or proceed- 
 ing for the contest of the right of any person declared nom- 
 inated or elected to office, or to annul or set aside such nomi- 
 nation or election, or to remove a person from his office, it 
 appears from the evidence that the offense complained of was 
 not committed by the candidate, or with his knowledge or 
 consent, or was committed without his sanction or conniv- 
 ance, and that all reasonable means for preventing the com- 
 mission of such offense at such election were taken by and 
 on behalf of the candidate, or that the offense or offenses* 
 complained of were trivial, unimportant and limited in char- 
 acter, and that in all other respects his participation in the 
 election were free from such offense or illegal acts, or that 
 any act or omission of the candidate arose from inadvertence, 
 or from accidental miscalculation, or from some other reason- 
 able cause of a like nature and in any case did not arise from 
 any want of good faith, and under the circumstances it 
 seems to the court to be unjust that the said candidate shall 
 forfeit his nomination or office or be deprived of any office 
 of which he is the incumbent, then the nomination or elec- 
 tion of such candidate shall not by reason of such offense or 
 
94 CORRUPT PRACTICE ACT 
 
 omission complained of be void, nor shall the candidate be 
 removed or deprived of his office. 
 
 When Deemed Usurper of Office — Exception. 
 
 Sec. 38. Any person nominated or elected to any office 
 in the state who has been guilty of a corrupt practice, or vio- 
 lated the provisions of this act, except as provided in the 
 preceding section, shall forfeit such nomination or office to 
 which he has been so nominated or elected and thereafter if 
 he obtains possession of such office shall be deemed a usurper 
 and upon the trial of any action or proceeding for the con- 
 testing of the rights of any person declared to be nominated 
 to an office, or to annul or set aside such election, or to remove 
 any person from his office, it shall be proven that such person 
 was guilty of any corrupt practice, illegal act, or undue 
 influence in or about such nomination or election, he shall 
 be punished by being deprived of the nomination or office, 
 as the case may be, and the vacancy therein shall be filled in 
 the manner provided by law. The only exception to this 
 judgment shall be that provided in section 37 of this act; 
 such judgment shall not prevent the candidate or officer from 
 being proceeded against by indictment or criminal informa- 
 tion for any such act or acts. 
 
 District Attorney and Attorney-General To Act. 
 
 Sec. 39. If any district attorney shall be notified by an 
 officer or other person of any violation of any of the pro- 
 visions of this act within his jurisdiction, it shall be his duty 
 forthwith to notify the attorney-general and to diligently 
 inquire into the facts of such violation, and if there be 
 reasonable ground for instituting a prosecution, it shall be 
 the duty of such district attorney to file a complaint or 
 information in writing before a court of competent jurisdic- 
 tion, charging the accused person with such offense; if any 
 district attorney shall fail or refuse to faithfully perform 
 any duty imposed upon him by this act, he shall be deemed 
 guilty of a misdemeanor, and upon conviction thereof shall 
 forfeit his office. It shall be the duty of the district attorney, 
 under penalty of forfeiture of his office, to prosecute any 
 and all persons guilty of any violation of the provisions of 
 •this act, the penalty of which is fine or imprisonment, or 
 both, or removal from office. 
 
 Fines for Corporations. 
 
 Sec. 40. A corporation for the violation of any of the pro- 
 visions of this act shall be subject to a fine of not more than 
 one hundred thousand dollars ($100,000), or may be sub- 
 ject to have declared a forfeiture of the charter and fran- 
 chise of the corporation, if organized under the laws of this 
 state, or if it be a foreign corporation it shall be subject to 
 be enjoined from further transacting business in this state, 
 or by both such fine and forfeiture, or by both such fine and 
 injunction, as the case may be. And any officer or agent or 
 
CORRUPT PRACTICE ACT 95 
 
 employee of such corporation knowingly aiding, assisting or 
 representing such corporation in the performance of such 
 act shall be guilty of a corrupt practice and shall be punished 
 by a fine of not more than five thousand dollars ($5,000), or 
 by imprisonment in the county jail for not less than one or 
 more than twelve months, or by both such fine and imprison- 
 ment. 
 
 General Penalties and Punishments. 
 
 Sec. 41. Every person guilty of a corrupt practice, as 
 defined in this act, is guilty of a crime and whoever violates 
 any of the provisions of this act, the punishment for which 
 is not specially provided by law, shall on conviction thereof 
 be punished by imprisonment in the county jail for not more 
 than one year, or by fine of not more than ten thousand dol- 
 lars, or by both such fine and imprisonment. 
 
 Statement of Expenses. 
 
 Sec. 42. The statement of expenses required from candi- 
 dates and others by this act shall be substantially as follows : 
 State of Nevada, County of ss. 
 
 I, , having been a candidate (or expended 
 
 money) at the election for the (state) (district) (city) of 
 
 , on the day of , A.D. 19...., being 
 
 first duly sworn, on oath so say: That I have carefully 
 examined and read the return of my election expenses and 
 receipts hereto attached, and to the best of my i^nowledge and 
 belief that return is full, correct and true. 
 
 And I further state on oath that, except as appears from 
 this return, I have not, and to the best of my knowledge and 
 belief no person, nor any club, society or association or polit- 
 ical agent has on my behalf, whether authorized by me or not, 
 made any payment or given, promised, or offered any reward, 
 office, employment, or position, public or private, or valuable 
 consideration, or incurred any liability on account of, or in 
 respect to, the conduct or management of the said nomina- 
 tion (or election). 
 
 And I further state on oath that, except as specified in this 
 return, I have not paid any money, security, or equivalent 
 for money, nor has any money or equivalent for money, to 
 my knowledge or belief, been paid, advanced, given or depos- 
 ited by any one to or in the hand of myself or any other 
 person for my nomination or election or for the purpose of 
 paying any expense incurred on my behalf on account of or 
 in respect of the conduct or management of the said election. 
 
 And I further state on oath that I will not, except as far as 
 I may be permitted by law, at any future time make or be a 
 party to the making or giving of any payment, reward, office, 
 position or employment, or valuable consideration for the 
 purpose of defraying any such expenses or obligations as 
 herein mentioned or on account of my nomination or elec- 
 tion, or provide or be a party to the providing of any money, 
 
96 CORRUPT PRACTICE ACT 
 
 security or equivalent for money for the purpose of defray- 
 ing any such expense. 
 
 And I further state that the following persons and no 
 others were appointed by me as my political agents, viz: 
 (give name and address). That herewith is attached true 
 copies of the written appointments of such agents (attach 
 copies of appointments). That I have received reports from 
 all my political agents (or the facts). That I have not 
 expended, paid out, authorized or become liable for any 
 moneys or expenditures in excess of the amount permitted by 
 statute, including the expenditure, debts and liabilities of my 
 political agents. That I have read the laws of the State of 
 Nevada concerning elections and that I have not knowingly 
 violated any of such laws. (If any exceptions state them.) 
 (Signature of affiant) 
 
 Subscribed and sworn to by the above-named , 
 
 on the day of , A. D. 19...., before me, in 
 
 my county aforesaid. 
 
 (Title of officer.) 
 
 Attached to said affidavit shall be a full and complete 
 account of the receipts, contributions and expenses of said 
 affiant, and of his supporters, of which he has knowledge, 
 with numbered vouchers for all sums and payments for which 
 vouchers are required. The affidavit and account of the 
 treasurer of any committee or any political party or organi- 
 zation shall be as nearly as may be in the same form, and so 
 also shall be the affidavit of any person who has received or 
 expended money in excess of the sum of fifty dollars to aid 
 in securing the nomination or election or defeat of any can- 
 didate, or of any political party or of any measure before 
 the people. 
 
 False Oath Is Perjury. 
 
 Sec. 43. Any person who shall knowingly make any false 
 oath or affidavit, where an oath or affidavit is required by this 
 act, shall be deemed guilty of perjury and punished accord- 
 ingly. 
 
 Not Retroactive. 
 
 Sec. 44. None of the provisions of this act shall be con- 
 strued as governing, or relating to, or in any manner affect- 
 ing any past acts, omissions or transactions. 
 
 Each Section Independent. 
 
 Sec. 45. If any section or clause of this act shall be held 
 unconstitutional it shall not affect or invalidate any other 
 part of this act. 
 
CONSTITUTIONAL AMENDMENTS 97 
 
 CONSTITUTIONAL AMENDMENTS 
 
 [From the Constitution of Nevada] 
 ARTICLE XVI 
 
 AMENDMENTS 
 
 Constitution Amended, How. 
 
 Section 1. Any amendment or amendments to this con- 
 stitution may be proposed in the senate or assembly ; and if 
 the same shall be agreed to by a majority of all the members 
 elected to each of the two houses, such proposed amendment 
 or amendments shall be entered on their respective journals, 
 with the yeas and nays taken thereon, and referred to the 
 legislature then next to be chosen, and shall be published for 
 three months next preceeding the time of making such choice. 
 And if, in the legislature next chosen as aforesaid, such pro- 
 posed amendment or amendments shall be agreed to by a 
 majority of all the members elected to each house, then it shall 
 be the duty of the legislature to submit such proposed amend- 
 ment or amendments to the people in such manner and at 
 such time as the legislature shall prescribe ; and if the people 
 shall approve and ratify such amendment or amendments by 
 a majority of the electors qualified to vote for members of the 
 legislature voting thereon, such amendment or amendments 
 shall become a part of the constitution. 
 
 Constitutional Convention, When. 
 
 Sec. 2. If at any time the legislature, by a vote of two- 
 thirds of the members elected to each house, shall determine 
 that it is necessary to cause a revision of this entire constitu- 
 tion, they shall recommend to the electors, at the next elec- 
 tion for members of the legislature, to vote for or against a 
 convention, and if it shall appear that a majority of the 
 electors voting at such election shall have voted in favor of 
 calling a convention, the legislature shall, at its next session,. 
 provide by law for calling a convention to be holden within 
 six months after the passage of such law ; and such conven- 
 tion shall consist of a number of members not less than that 
 of both branches of the legislature. In determining what is 
 a majority of the electors voting at such election, reference 
 shall be had to the highest number of votes cast at such elec- 
 tion for the candidates for any office or on any question. 
 
 An Act providing for the manner of submitting constitu- 
 tional amendments to the voters of the State of Nevada. 
 [Approved March 5, 1887, p. 122] 
 
 1878. Board of Examiners Shall Order Proposed Amend- 
 ments Published. 
 Section 1. Whenever the conditions prescribed by the 
 constitution of the State of Nevada for amending the same 
 
98 CONSTITUTIONAL AMENDMENTS 
 
 have been complied with by the legislature, the state board 
 of examiners shall order such proposed amendments to the 
 constitution published in one daily newspaper of general 
 circulation, published in the State of Nevada, for a period 
 of ninety days next preceding any general election held in 
 this state, when any proposed amendments are pending. 
 
 1879. Publisher Shall Print and Clerk Mail Copies of Paper 
 
 to Voters. 
 Sec. 2. The publisher of the newspaper publishing the 
 proposed amendments, as required by this act, shall print 
 and send to the county clerk of each county in this state, as 
 many copies of said newspapers containing the publication 
 of said proposed amendments as there were registered voters 
 for the general election of eighteen hundred and eighty-six, 
 and the printing and mailing of said extra copies required 
 under this act shall be done by the publisher without expense 
 to the state. It is hereby made the duty of the clerk of each 
 county to mail to every registered voter within his county a 
 copy of the newspaper containing the proposed amendments. 
 
 1880. Commissioners' Proclamation. 
 
 Sec. 3. The several boards of county commissioners in this 
 state, before the next general election after final agreement 
 by the legislature to any proposed amendments to the con- 
 stitution, shall, in their proclamation, order that there be 
 
 printed on the ballots: "Amendment No , Yes"; or 
 
 "Amendment No , No." 
 
 1881. Canvass and Return. 
 
 Sec. 4. The vote on an amendment to the constitution 
 shall be canvassed and returned in the same manner as is or 
 may be provided by law for the canvass and return of votes 
 for elective officers. 
 
MISCELLANEOUS 99 
 
 MISCELLANEOUS 
 
 ONE REGISTRATION SUFFICIENT 
 
 An Act providing for a single registration of the names of 
 electors to vote at any primary election and at the elec- 
 tion for ivhich candidates are nominated at such primary 
 election. 
 
 [Approved March 23, 1911— Stats. 1911, p. 335] 
 
 Registration at Primary Sufp^cient for Regular Election. 
 
 Section 1. Hereafter when any qualified elector shall 
 have registered a vote at any primary election under the 
 provisions of section 17 of "An act to provide for the direct 
 nomination of candidates for public office by electors, politi- 
 cal parties and organizations of electors, without conven- 
 tions, at elections to be known and designated as primary 
 elections, determining the tests and conditions upon which 
 electors, political parties and organizations of electors may 
 participate in any such primary election, and establishing 
 the rates of compensation for primary election officers serv- 
 ing at such primary elections; providing for the organiza- 
 tion of political parties and the promulgation of their plat- 
 forms, and providing the methods whereby the electors of 
 political parties may express their choice for United 
 States senator; to provide for the registration of voters 
 for said primary elections and the compensation of regis- 
 try agents, and to provide penalties for violating the 
 provisions of this act," approved March 23, 1909, and his 
 name shall appear on the supplemental register provided 
 for in said section 17, said elector shall not be required to 
 register again in the same voting precinct as a qualification 
 to vote at the election for which candidates were nominated 
 at such primary election for which he has previously regis- 
 tered; and the registry agent shall copy the names appear- 
 ing on said supplemental register into the registration books 
 for said election the same as if such elector had registered 
 for such election as now required by the registration laws 
 of this state. 
 
 [This Act probably superseded by provisions of the Gen- 
 eral Election Law.] 
 
100 MISCELLANEOUS 
 
 CONCERNING MUNICIPAL REGISTRATION 
 
 Chap. 247 — An Act to provide for a registration list of the 
 names of electors in certain incorporated cities within the 
 State of Nevada, prescribing certain duties and fixing the 
 compensation of certain registration agents, providing for 
 the method of nominating candidates to he voted for at 
 municipal elections in such incorporated cities, and other 
 matters properly appertaining thereto. 
 [Approved March 25, 1913] 
 Municipal Voters Segregated on Registry, 
 
 Section 1. In all incorporated cities within this state poll- 
 ing more than two thousand votes at the last general election 
 preceding any special or regular municipal election it shall 
 not be necessary to have a new registration of electors, but 
 the justice of the peace or other registry agent of any town- 
 ship within this state, which shall have within its limits any 
 incorporated city as herein contained, shall, during the time 
 intervening between the closing of any registration of elect- 
 ors at the last preceding general election and the date of 
 the next ensuing general or special municipal election, care- 
 fully prepare and certify from the official register of the 
 last preceding general election, into suitable books, one for 
 each ward within said incorporated cities, the names of all 
 the electors contained in the said official register, alphabeti- 
 cally arranged (the surname first), entering opposite each 
 name the number it bears on said official register, together 
 with all other entries found opposite such name, and indicat- 
 ing with a cross of red ink those electors whose addresses 
 show that fhey do not reside within the corporate limits of 
 said city. The registry agent shall keep in his office the origi- 
 nal certified copy of the said registration list as herein con- 
 tained, and shall, not later than the day preceding the election, 
 deliver to one of the inspectors of the election of each ward in 
 said city a certified copy of the said list to be used at said elec- 
 tion, and he shall also prepare not later than the daypreceding 
 the day on which the election is to be held, in "index books," 
 one for each ward, and which shall be known as a "check 
 list," lists of the names of all the electors found on the official 
 register for such wards, alphabetically arranged (the sur- 
 name first), with the number such name bears in the official 
 register placed at the left of the name of the elector, and 
 with a blank column at the right of the column of names, 
 formed by two parallel perpendicular lines, in which the 
 inspectors of election shall check the names of those voting, 
 by some particular character, as for instance thus: "V" for 
 voted. Said blank columns last mentioned shall have written 
 headings made by the registry agents, showing what par- 
 ticular election said "check lists" apply to, as, for instance, 
 "Voted at City Election, 1913." The copy of the official 
 
MISCELLANEOUS ^ ^ ^Z/. \ \ :''']f9l*; '? 
 
 register, together with the "check list" for each ward, as 
 herein provided, shall be carefully prepared and duly certi- 
 fied to by the registry agent and delivered to some one of the 
 inspectors of election in each ward, at a time not later than 
 the day next preceding that on which such municipal elec- 
 tion is to be held, and such "check lists" shall be carefully 
 preserved and transmitted by the inspectors of election to 
 the clerk of the city council, in connection with and as a 
 part of the "Election Returns," as provided by law. 
 
 Supplemental Registration. 
 
 Sec. 2. Before delivering the copy of the registration list 
 as prepared by him in accordance with section 1 hereof the 
 registry agent shall enter thereon and on the said "check 
 list" all the names of electors registering at the supplemental 
 registration for such election, together Avith the names of all 
 electors who shall have moved from one ward to another in 
 said city, and by him legally transferred. 
 
 Identification of Voters. 
 
 Sec. 3. In addition to the books hereinbefore contained 
 to be delivered by the registry agent, he shall deliver at the 
 same time and in the same manner the original official regis- 
 ter or registers containing the names and original signatures 
 of all electors registered for the last preceding general elec- 
 tion, and entitled to vote at such polling place, together with 
 all the original registration cards containing the signatures 
 of electors registered at the supplemental registration held 
 for such election. Said original list and original registration 
 cards shall be kept by one of the inspectors of election of 
 each ward to be used for the purpose of identifying the elect- 
 ors, and shall be returned to the registry agent upon the 
 completion of the canvass of the vote by the election board. 
 
 City Council to Provide Supplies. 
 
 Sec. 4. The city council of such incorporated city as 
 herein contained shall provide all necessary books and sup- 
 plies for the carrying out of the purposes of this act, and in 
 addition to the provisions of this act the said election shall 
 in all other respects be conducted and held in accordance with 
 the provisions of the general election laws of the State of 
 Nevada, and the charter and ordinances of said incorporated 
 city. 
 
 Compensation of Registry Agent — Registry List Printed, 
 When. 
 Sec. 5. The said registry agent as in this act contained 
 shall be entitled to receive, as full compensation for all serv- 
 ices rendered by him under the provisions hereof, the sum of 
 fifteen (15) cents per name of each elector by him copied, 
 regardless of the number of times each name shall be copied, 
 which shall be a valid claim against the said city; and his 
 
102 MISCELLANEOUS 
 
 account shall be made out so as to clearly show the number of 
 names by him copied, and sworn to and filed with the city 
 council of the city ; and said claim together with all other 
 just and reasonable demands of other persons for books, 
 advertising and supplies, necessarily incurred in carrying 
 out the requirements of this act shall be audited and paid out 
 of the general fund of said city; provided, that if the city 
 council shall deem it necessary and expedient, it shall cause 
 to be printed a list of the registered voters. 
 
 Nomination of Candidates at Municipal Elections. 
 
 Sec. 6. Candidates for any office to be voted for at such 
 municipal election may be nominated in the following man- 
 ner : An affidavit of nomination containing the name of the 
 candidate to be nominated, his residence and the office for 
 which he is nominated, signed by electors residing within the 
 ward or other political subdivision for which candidates are 
 to be presented equal in number to at least ten per cent of 
 the entire vote cast at the last preceding municipal election 
 in the ward or other political division for which the nomina- 
 tion is to be made, shall be filed with the city clerk of such 
 incorporated city not more than fifty days nor less than 
 thirty days before the day of election. Said signatures need 
 not all be appended to one paper, but each signer shall add 
 to his signature his place of residence. No certificate of 
 nomination shall contain the name of more than one candi- 
 date for each office to be filled. One of the signers of each 
 such certificate shall swear that the statements therein made 
 are true, to the best of his knowledge and belief, and a cer- 
 tificate of such oath shall be annexed. There shall be charged 
 each candidate for filing a fee of five dollars, which shall be 
 paid to the city clerk at the time of filing and go to the gen- 
 eral fund of the city. 
 
 Duties of City Clerk. 
 
 Sec. 7. After receiving the certificates of nomination as 
 contained in section 6 hereof, the city clerk shall perform 
 each and every act necessary as now or may hereafter be pro- 
 vided by law to place the names of the candidates on the 
 ballot; and the general election laws of the State of Nevada 
 wherever and whenever possible shall be adopted and be con- 
 sidered applicable for the uses and purposes of said munici- 
 pal elections where this act fails to provide for the same. 
 
 In Effect. 
 
 Sec. 8. This act shall take effect immediately upon its 
 approval and all acts or parts of acts in conflict or in any 
 way inconsistent herewith are hereby repealed. 
 
MISCELLANEOUS 103 
 
 ELECTOR GIVEN OPPORTUNITY TO VOTE 
 
 Chap. 15 — An Act to provide employed electors oppor- 
 tunities to vote. 
 
 [Approved February 24, 1913] 
 
 Certain Electors Given Holiday on Election Day. 
 
 Section 1. No person entitled to vote at any election 
 held in this state shall, upon the day of such election, be 
 employed in any manufacturing, mechanical or mercantile 
 establishment, except such establishments as may lawfully 
 conduct their business on a legal holiday. 
 
 Electors Must Be Given Three Hours in Which to Vote. 
 
 Sec. 2. Every person entitled to vote at any such election 
 held in this state who is employed in such an establishment 
 as may lawfully conduct its business on a legal holiday and 
 on election day, must be given on election day a leave of 
 absence for a period of three consecutive hours after the 
 opening and before the closing of the polls in the voting pre- 
 cinct or town in which he is entitled to vote, if he shall make 
 application for leave of absence during such period. 
 
 Employers Held Liable for Violation of This Act. 
 
 Sec. 3. Any owner, superintendent or overseer, or other 
 person, [shall] in any manufacturing, mechanical or mercan- 
 tile establishment, who employs or permits to be employed 
 any person therein on the day of any election held in this state 
 in violation of the provisions of section 1 of this act, or who 
 violates the provisions of section 2 of this act, shall be guilty 
 of a misdemeanor, and upon conviction thereof shall be pun- 
 ished by a fine of not less than fifty dollars nor more than one 
 hundred dollars, or by imprisonment in the county jail for 
 not less than twenty-five days nor more than fifty days, or 
 both such fine and iinprisonment. 
 
 In Effect. 
 
 Sec. 4. This act shall take effect and be in force from and 
 after its passage and approval. 
 
 SCHOOL TAX ELECTION 
 
 Section 141 of the School Law of 1911 refers to elections to decide 
 whether special school tax shall be levied. The portion relating to 
 the election is here given. See Stats. 1911, p. 222. 
 
 Popidar Election to Decide Whether Tax Shall Be Levied, 
 When. 
 Sec. 141. The board of trustees of an3' school district may, 
 when in their judgment it is advisable, call an election and 
 submit to the qualified electors of the district the question 
 whether a tax shall be raised to furnish additional school 
 facilities for said district or to keep any school or schools in 
 
104 MISCELLANEOUS 
 
 such district open for a longer period than the ordinary 
 funds will allow or for building an additional schoolhouse 
 or houses, or for any two or for all of these purposes. Such 
 election shall be called by posting notices in three of the most 
 public places in the district for twenty days, and also if there 
 be a newspaper in the county by advertisement therein once 
 a week for three weeks. Said notice shall contain time and 
 place of holding the election, the amount of money proposed 
 to be raised, and the purpose or purposes for which it is 
 intended to be used. The trustees shall appoint three judges 
 to conduct the election, and it shall be held in all other 
 respects as nearly as practicable in conformity with the gen- 
 eral election law. At such election the ballots shall contain 
 the words: "Tax— Yes," or "Tax— No." If a majority of the 
 votes cast are "Tax — Yes," the officers of the election shall 
 certify the fact to the county commissioners, together with 
 a statement of the amount of money proposed to be raised, 
 who shall ascertain the necessary percentage on the property 
 of said district, as shown by the last assessment made thereof 
 after equalization, to raise the amount of money voted, and 
 shall add it to the next county tax to be collected on the 
 property aforesaid; and the same shall be paid into the 
 county treasury as a special deposit in favor of said school 
 district, to be drawn in the same manner as other school 
 moneys. * * * 
 
 HIGH-SCHOOL ELECTIONS 
 Sections 173, 174, 175, and 178 of the School Law relate to elec- 
 tions for establishing county high schools and electing a Comity 
 Board of Education. They are here given in full. See Stats. 1911, 
 pp. 233, 234, 235, 236. 
 
 County High Schools, When Established by Popular Vote. 
 
 Sec. 173. There may be established in any county in this 
 state a high school; provided, that at any general or special 
 election held in said county after the passage of this act, a 
 majority of all the votes cast at such election, upon the propo- 
 sition to establish a high school shall be in favor of establish- 
 ing and maintaining such high school at the expense of said 
 county. 
 
 County Commissioners to Submit Question to Popular Vote. 
 Sec. 174. The board of county commissioners at any gen- 
 eral election to be held in any county after the passage of 
 this act, upon the presentation of a petition signed by fifty 
 or more qualified electors, taxpayers of said county, at any 
 regular meeting of said board held not less than eight weeks 
 before any general or special election, must make an order 
 submitting the question of establishing, constructing and 
 maintaining a county high school to the qualified electors 
 thereof. The board of county commissioners, upon the pres- 
 entation of said petition, may order a special election for said 
 purpose. Said election shall be conducted in the manner 
 
MISCELLANEOUS 105 
 
 prescribed by law for conducting elections, and the ballots 
 at such election shall have printed thereon the words "For 
 a County High School" and the words "Against a County 
 High School." The votes cast for and against said county 
 high school at any election therefor, shall be counted and 
 returns thereof made and canvassed in the manner provided 
 for by law for counting, making returns, and canvassing the 
 votes of a general election ; provided, that the election officers 
 appointed to conduct any special election held in accordance 
 with this act, as required by law, shall perform all services 
 required of them by law in holding and conducting such elec- 
 tions, without any fees or pay therefor. 
 
 Location of School, How Determined — Form of Ballot. 
 
 Sec. 175. If a majority of the votes cast on a proposition 
 to establish a county high school shall be in the affirmative, 
 it shall be the duty of the board of county commissioners, 
 within thirty days after canvassing said vote, to locate the 
 high school in the place in said county where the said board 
 shall deem most suitable and convenient for the purpose. If, 
 after the county commissioners have located said high school, 
 there shall be presented a certified petition bearing the signa- 
 tures of at least one-fourth of the qualified voters of such 
 county according to the last general election returns, said 
 petition requesting a vote on the question of the location of 
 the county high school and specifying a desired location, said 
 board of county commissioners shall submit the question of 
 such location to the voters of the county at the next general 
 election, or a special election called for the purpose of voting 
 upon the question of locating or changing the county high 
 school; provided, that in all cases where special elections 
 have been called by the board of county commissioners of 
 any county of this state previous to the passage of this act 
 to submit the question of location of any county high school 
 to the voters in any such county wherein two thousand or 
 more votes were cast at the last general election, and wherein 
 the assessed valuation of real and personal property is six 
 million dollars or more, the board of county commissioners 
 may, if said board deems it to the best interest of the people 
 of such county, establish two county high schools ; one at the 
 place selected by the board of county commissioners and one 
 at the place named in the petition presented to the said 
 board of county commissioners praying for said special 
 election in said county, and thereupon the said board may 
 revoke the order calling said special election, and in such 
 cases no special election shall be held. At any general or 
 special election at which the location of any county high 
 school is submitted to the voters of the county, the form of 
 ballot shall be : 
 
 Shall the County High School be located at ? Yes 
 
 Shall the County High School be located at ? No 
 
106 MISCELLANEOUS 
 
 In any other respects the provisions of the general election 
 law shall be followed. If at any such election a majority of all 
 voters who shall vote on the question of such location shall 
 vote in favor of locating the county high school at the place 
 designated in the petition, it shall be the duty of the county 
 board of education to cause the high school to be located at 
 such place, not later than the first day of the next following 
 September. While the vote on the question of changing the 
 location of any county high school is pending, no contract for 
 the purchase of grounds or for the erection of a building 
 shall be made. When the location of the county high school 
 has been finally determined, the board of county commission- 
 ers shall estimate the cost of purchasing suitable grounds, 
 procuring plans and specifications, erecting a building, fur- 
 nishing the same, fencing and ornamenting the grounds, and 
 the cost of running said school for the following twelve 
 months; provided, that the estimate mentioned herein for 
 purchasing suitable grounds, procuring plans and specifica- 
 tions, erecting a building, furnishing the same, and fencing 
 and ornamenting the grounds shall not be made, if previous 
 to the time when the commissioners are to make such esti- 
 mates the legislature shall have authorized said county to 
 issue bonds for such purpose. 
 
 County Board of Education Elected. 
 
 Sec. 178. At each general election there shall be elected a 
 county board of education, to consist of three members, two 
 of whom shall serve two years, and the other four years, and 
 thereafter at each regular biennial election there shall be 
 elected two members of said board, one of whom shall serve 
 for two years and the other for four years. Each person 
 elected as herein provided shall enter upon the duties of his 
 office on the first Monday in January next following his elec- 
 tion, and shall hold office until his successor is elected and 
 qualified. If at any time a vacancy shall occur on said 
 board, it shall be the duty of the superintendent of public 
 instruction to appoint a member for the unexpired term. 
 
 SCHOOL DISTRICT BONDS ELECTION 
 
 Sections 191 to 194, inclusive, of tlie School Law of 1911 relate to 
 elections for the issuance of bonds by a school district for various 
 purposes. See Stats. 1911, pp. 238, 239, 240. The sections indicated 
 are here given : 
 
 School District Bonds May Be Issued. 
 
 Sec. 191. Any school district of the state, now existing 
 or which may hereafter be created, is hereby authorized to 
 borrow money for the purpose of erecting and furnishing a 
 school building or buildings, maintaining the same, purchas- 
 ing grounds on which to erect such building or buildings, 
 
 I 
 
MISCELLANEOUS 107 
 
 or for refunding floating indebtedness, or for any or all of 
 these purposes, by issuing negotiable coupon bonds of the 
 district in the manner by this act provided. 
 
 Questions of Issuing Bonds Submitted to Popular Vote. 
 
 Sec. 192. When the board of trustees of any school dis- 
 trict shall deem it necessary to incur an indebtedness 
 authorized by this act by issuing the negotiable coupon bonds 
 of the district, said board of trustees shall first determine the 
 amount of such bonds to be issued, and a certificate of such 
 determination shall be made and entered in and upon the 
 records of said district. Thereupon the board of school trus- 
 tees shall, by resolution duly made and entered in and upon 
 the records of said board, submit the question of coatracting 
 a bonded indebtedness for any of the purposes authorized by 
 this act to a vote of the duly qualified electors of the district 
 at the next general election of the school trustees, or at a 
 special election which the school trustees are hereby author- 
 ized to call for such purpose. 
 
 Election, How Conducted — Election Notice. 
 
 Sec. 193. The election provided in this act shall be called 
 and held, and the vote canvassed and returned, in all respects 
 as nearly as may be in accordance with the provisions of law 
 TOW governing the election of school trustees; provided, that 
 if there is a newspaper published in the school district, the 
 notice shall be published for at least once a week for two suc- 
 cessive weeks, preceding said election. The election notice 
 must contain : 
 
 First — The time and place of holding such election. 
 
 Second — The names of inspectors to conduct the same. 
 
 Third — The hours during the day in which the polls will 
 be open. 
 
 Fourth — The amount and denomination of the bonds, the 
 rate of interest and the number of years, not exceeding 
 twenty, the bonds are to run. All persons voting on the 
 question submitted at such election shall vote by separate 
 ballot whereon is placed the words "For the Bonds" or 
 "Against the Bonds." The ballots shall be deposited in a 
 separate box provided by the school trustees for that purpose. 
 
 Bonds to Bun No Longer than Twenty Years. 
 
 Sec. 194. If upon the official determination of the result 
 of such election it appears that a majority of all the votes 
 cast are "For the Bonds," the board of trustees, as soon as 
 practicable, shall issue the negotiable coupon bonds of the 
 district in such form and denomination as the board of 
 trustees may direct, said bonds to run for a period not to 
 exceed (20) years from the date of issue, and bearing inter- 
 est at a rate not exceeding eight (8%) per cent per annum, 
 payable semiannually, both principal and interest payable 
 at such place as the board of trustees may direct, said bonds 
 
108 MISCELLANEOUS 
 
 not to be sold for less than their par value. And before 
 said sale is made notice of such proposed sale must be given 
 b}^ publication, in a newspaper, if there is a newspaper pub- 
 lished in the district, for at least once a week before said 
 bonds are disposed of, inviting sealed bids to be made for said 
 bonds, and said bonds are to be sold to the highest and best 
 bidder for said bonds; provided, if there is no newspaper 
 published in said school district, the notice herein provided 
 for shall be given by posting in three public places in said 
 school district for at least ten days before said bonds are dis- 
 posed of. 
 
 ELECTION OF DISTRICT JUDGE 
 
 Chap. 144 — An Act to create judicial districts in the State 
 of Nevada, provide for the election of district judges 
 therein, and to fix their salary, and to repeal all other acts 
 in relation thereto. 
 
 [Approved March 22, 1913] 
 
 Ten Judicial Districts in State; Each Described. 
 
 Section 1. The State of Nevada is hereby divided into 
 ten judicial districts. The counties of Storey, Douglas and 
 Ormsby shall constitute the First judicial district; the 
 county of Washoe shall constitute the Second judicial dis- 
 trict ; the counties of Eureka and Lander shall constitute the 
 Third judicial district; the county of Elko shall constitute 
 the Fourth judicial district; the county of Nye shall con- 
 stitute the Fifth judicial district; the county of Humboldt 
 shall constitute the Sixth judicial district; the counties of 
 Esmeralda and Mineral shall constitute the Seventh judicial 
 district ; the counties of Lyon and Churchill shall constitute 
 the Eighth judicial district ; the county of White Pine shall 
 constitute the Ninth judicial district; and the counties of 
 Lincoln and Clark shall constitute the Tenth judicial district. 
 For each of said districts judges shall be elected by the quali- 
 fied electors thereof at the general election in the year 1914, 
 and every four years thereafter, except as otherwise provided 
 in this act, as follows : For each of said districts, except the 
 Second judicial district, there shall be [elected one judge. 
 For the Second judicial district there shall be] two judges 
 elected. 
 
 Takes Effect January, 1915 — Proviso. 
 
 Sec. 2. Until the first Monday in January, 1915, the judi- 
 cial districts of this state shall be and remain as heretofore 
 provided by law, unless there shall occur vacancies in the 
 offices now held by the present incumbents, by deaths, resig- 
 nations or otherwise ; provided, that in case of such vacancy 
 or vacancies the provisions of this act shall take immediate 
 effect, and such vacancy or vacancies shall be filled as pro- 
 vided by law. 
 
 I 
 
MISCELLANEOUS 109 
 
 Salaries of Judges. 
 
 Sec. 3. The salary of each judge herein elected, or 
 appointed to fill vacancies whenever such vacancies shall 
 occur, shall be four thousand dollars per annum, except the 
 judge of the Fourth judicial district whose salary shall be 
 four thousand five hundred dollars per annum, and the judge 
 of the Fifth judicial district whose salary shall be six thou- 
 sand dollars per annum, and the judge of the Seventh judi- 
 cial district whose salary shall be four thousand five hundred 
 dollars per annum, and the judge of the First judicial dis- 
 trict, whose salary shall be three thousand dollars per annum ; 
 all of said salaries to be paid in equal monthly installments 
 out of the district judges' salary fund, hereby created in the 
 state treasury, which fund shall be supplied in the manner 
 following, to wit : 
 
 Each county in each district in the state shall contribute 
 annually to the said fund its proportionate share of the 
 money necessary to pay the judge or judges of its district 
 their respective salaries monthly for such year, based upon 
 the assessment roll of each county for the previous year, and 
 it is hereby made the duty of the county commissioners of 
 each county to make such arrangements and orders as may 
 be necessary to insure the forwarding of their county 's quota 
 of said district judges' salary fund to the state treasurer at 
 such times and in such installments as will enable the state 
 treasurer to pay each district judge one-twelfth of his annual 
 salary on the first Monday of each and every month, and 
 to cause such money to be forwarded by the county treasurer, 
 and if necessary in order to render certain the forwarding 
 of such money in ample time to prevent any default in said 
 monthly installments, said board of county commissioners 
 shall transfer and use any moneys in the county treasuries 
 except those belonging to the public school fund. No salary 
 of any district judge shall be paid in advance. 
 
 Two Judges for Second District. 
 
 Sec. 4. The Second judicial district shall be entitled to 
 and shall have two district judges; they shall have concur- 
 rent and coextensive jurisdiction within said district, under 
 such rules and regulations as may be prescribed by law, and 
 they shall have power to make such rules and regulations as 
 will enable them to transact judicial business of said district 
 in a convenient and lawful manner. 
 
 Repeal. 
 
 Sec. 5. All acts and parts of acts in conflict with the pro- 
 visions of this act are hereby repealed. 
 
110 MISCELLANEOUS 
 
 SEWER BONDS ELECTIONS 
 
 An Act to authorize the issuance of bonds by unincorporated 
 cities and towns for the construction of sewerage systems. 
 
 [Statutes 1909, p. 179] 
 
 Unincorporated Cities and Towns May Issue Bonds for Sew- 
 erage Systems. 
 Section 1. For the purpose of constructing sewerage sys- 
 tems within their respective limits, and waste mains there- 
 from, any unincorporated city or town within this state, 
 which is being or may hereafter be governed under the pro- 
 visions of an Act of the Legislature of this State entitled 
 "An act providing for the government of towns and cities 
 within this state," approved February 26, 1881, and acts 
 amendatory thereof, are hereby authorized to issue bonds in 
 the amount and manner hereinafter set forth and prescribed. 
 
 Amount Limited — Denomination. 
 
 Sec. 2. Said bonds shall not in any such city or town at 
 any time exceed the sum and amount of sixty thousand dol- 
 lars ($60,000) ; they shall be of convenient denominations, 
 ranging from one hundred dollars ($100) to one thousand 
 dollars ($1,000), and shall bear interest at the rate of not 
 more than six (6) per cent per annum, the interest on each 
 bond to be payable annually, beginning on the third Monday 
 in January of the second year after such bond shall have 
 been issued, and upon the same date in each succeeding year 
 during the life of such bond. The bonds shall be numbered 
 consecutively and have interest coupons attached in such 
 manner that they can be removed upon payment of the 
 installments of interest without injury to the bonds. The 
 bonds shall be signed by the chairman of the board of county 
 commissioners, acting as a city or town board, and counter- 
 signed by the clerk of said board. The bonds shall be dis- 
 tinctly known as " Sewerage Bonds," the name of 
 
 the city or town issuing them being inserted before the word 
 "Sewerage." 
 
 Special Election to Determine. 
 
 Sec. 3. Before issuing the said bonds the board of county 
 commissioners, acting as such city or town board, shall pub- 
 lish a notice for at least three consecutive weeks in some daily 
 newspaper published in said city or town, calling for a spe- 
 cial election by the legally qualified electors of said city or 
 town to determine whether such bonds shall issue. If there 
 be no daily newspaper published in such city or town, the 
 said notice shall be posted in at least three conspicuous places 
 within the limits of such city or town, for the same length of 
 time, and if there be a weekly newspaper published in said 
 city or town, the said notice shall also be published in each 
 issue of said weekly newspaper during the period of posting. 
 The notice shall state specifically the amount of the proposed 
 
MISCELLANEOUS 111 
 
 bond issue, the rate of interest the bonds are to bear, the time 
 and manner of their payment, and that they are for the con- 
 struction of a sewerage system. 
 
 Ballots — Bonds Issued, When. 
 
 Sec. 4. The board shall cause a sufficient number of ballots 
 to be printed which shall bear the words " Sewerage Bonds — 
 Yes," and "Sewerage Bonds — No," printed thereon in paral- 
 lel lines, one above the other. The voter will scratch out 
 the "Yes" if opposed to the bonds, or the "No" if in favor of 
 their issue. The election shall be conducted and the votes 
 canvassed, in all essential particulars as in other city and 
 town elections. If a majority of all the votes cast are in 
 favor of the issue of the bonds, the board of county commis- 
 sioners, acting as such city or town board, shall proceed at 
 once to issue them as rapidly as needed, in conformity with 
 the provisions of this Act. Said bonds shall be sold at not 
 less than their par value, and shall be redeemable, in the 
 order of their issue, not less than three years or more than 
 fifteen (15) years from the date of their issue respectively. 
 
 Providing for Redemption and Interest. 
 
 Sec. 5. To provide for the payment of the said bonds and 
 the interest thereon the board of county commissioners shall, 
 at the time of the regular tax levy for state and county pur- 
 poses, levy an additional tax upon all property, real and 
 personal, within the limits of such city or town, sufficient, in 
 their judgment, to pay the interest upon such bonds annually 
 as it becomes due, and the principal at such a rate as will 
 redeem all the bonds within fifteen (15) years from the date 
 of issue. In each case the fifteen (15) years shall begin 
 to run from the date of the particular bond to be paid. The 
 said taxes shall be assessed and collected the same as other 
 taxes, paid to the county treasurer, and by him placed in a 
 
 fund to be known as the " Sewerage Fund" with 
 
 the name of the city or town preceding the word "Sewerage." 
 
 Commissioners to Supervise Work. 
 
 Sec. 6. All sewerage systems constructed under the pro- 
 visions of this act shall be so constructed under the super- 
 vision and control of the board of county commissioners, 
 acting as such city or town board. The materials may be 
 purchased and the work caused to be done directly by the 
 board, or it may advertise for plans and specifications, and 
 bids for construction as in cases of other public works. 
 
 In Case of Town or Cities Afterward Incorporating. 
 
 Sec. 7. In all cases wherein such sewerage systems are con- 
 structed in unincorporated cities and towns, and such cities 
 and towns are afterwards incorporated, the control and man- 
 agement of such systems shall at once be vested in the muni- 
 cipal governments of such cities and towns. If such cities 
 or towns shall be incorporated while the work of construction 
 
112 MISCELLANEOUS 
 
 is in progress, the work shall, nevertheless, be carried on to 
 completion by the board of county commissioners, and when 
 completed the system shall be turned over to the city or town 
 government as it shall have been organized. It shall then be 
 the duty of such city or town government to provide for the 
 payment of the principal and interest upon said bonds, by 
 the levy and collection of taxes as prescribed by law. It 
 shall be the duty of the county treasurer having custody of 
 the sewerage funds to turn such funds over to the city treas- 
 urer immediately upon the qualification of the city treasurer, 
 and the bonds, principal and interest shall then be paid by 
 the city government in all respects as prescribed for their 
 payment by the boards of county commissioners, acting as 
 city or town boards. 
 
 LEGISLATIVE APPORTIONMENT 
 Chap. 103 — An Act reapportioning senators and assembly- 
 men of the several counties to the legislature of the State 
 of Nevada. 
 
 [Approved March 17, 1911, p. 117] 
 
 Section 1. The apportionment of senators and assembly- 
 men in the several counties of this state shall be as follows : 
 
 Churchill County, one senator and two assemblymen ; 
 
 Clark County, one senator and two assemblymen ; 
 
 Douglas County, one senator and two assemblymen ; 
 
 Elko County, two senators and five assemblymen ; 
 
 Esmeralda County, two senators and five assemblymen ; 
 
 Eureka County, one senator and two assemblymen ; 
 
 Humboldt County, two senators and five assemblymen ; 
 
 Lander County, one senator and two assemblymen ; 
 
 Lincoln County, one senator and two assemblymen ; 
 
 Lyon County, one senator and two assemblymen ; 
 
 Mineral County, one senator and two assemblymen ; 
 
 Nye County, two senators and five assemblymen ; 
 
 Ormsby County, one senator and two assembh^men ; 
 
 Storey County, one senator and two assemblymen ; 
 
 Washoe County, two senators and nine assemblymen ; 
 
 White Pine County, two senators and four assemblymen. 
 
 Sec. 2. Nothing in this act shall be so construed as to 
 affect the term of office of senators and assemblymen now in 
 office. 
 
 Sec. 3. All acts and parts of acts in conflict with this act 
 are hereby repealed. 
 
MISCELLANEOUS 113 
 
 ROAD SUPERVISOR ELECTION 
 
 An Act providing for the election of road supervisors, for the 
 subdivision of counties into road districts, and matters 
 properly relating thereto. 
 
 [Approved March 19, 1901] 
 
 Relating to Road Districts. 
 
 Section 1. The county commissioners of each county poll- 
 ing at the last general election eighteen hundred votes or over 
 shall, for the purpose of supervision of roads, divide the 
 county into road districts, each appropriately designated. 
 
 Road Supervisor To Be Elected. 
 
 Sec. 2. At everj^ election of county officers there shall also 
 be elected one road supervisor in each road district, whose 
 duty it shall be to supervise all work upon the roads in his 
 district, and to attest to the propriety of all bills for such 
 work, and to direct the expenditure of all sums set apart for 
 his district by the county commissioners. 
 
 Compensation, How Fixed. 
 
 Sec. 3. The compensation of road supervisors shall be 
 fixed by the county commissioners. 
 
 Duty of County Commissioners. 
 
 Sec. 4. On or before the 15th day of April, 1901, the 
 county commissioners shall appoint one road supervisor for 
 each road district to serve and hold office until their succes- 
 sors have been elected and installed. 
 
PROPOSED CONSTITUTIONAL AMENDMENT 
 
 Granting Elective Franchise to Women 
 
 No. 1 — Assembly Joint and Concurrent Resolution, relative to 
 amending section one of article two of the constitution of the 
 State of Nevada, 'pertaining to the right of elective franchise. 
 
 [Approved January 31, 1913] 
 
 Be it resolved by the Assembly, Hie Senate concurring, That sec- 
 tion one of article two of the constitution of the State of Nevada 
 be annended to read as follows: 
 
 Section 1. All citizens of the United States (not laboring 
 under the disabilities named in this constitution) of the age of 
 twenty-one years and upwards, who shall have actually, and 
 not constructively, resided in the state six months, and in the 
 district or county thirty days next preceding any election, shall 
 be entitled to vote for all officers that now or hereafter may be 
 elected by the people, and upon all questions submitted to the 
 electors at such election ; provided, that no person who has been 
 or may be convicted of treason or felony in any state or terri- 
 tory of the United States, unless restored to civil rights, and 
 no idiot or insane person, shall be entitled to the privilege of 
 an elector. There shall be no denial of the elective franchise 
 at any election on account of sex. 
 
INDEX TO ELECTION LAWS 
 
 -A. PAGE 
 
 Accounts to be open to inspection of opposing political party . 84 
 
 Act, not retroactive 96 
 
 Acts repealed 78 
 
 Adjutant-General, duties of 68 
 
 Agent, Political— Appointment signed by candidate 1 80 
 
 Authority to act after appointment made and filed 80 
 
 Candidates may employ one in each county 80 
 
 Expenditures and liabilities 80 
 
 May employ workers 80 
 
 Name and address 80 
 
 Name of U. S. and state candidates filed with Secretary of State 80 
 
 Only principal's money 80 
 
 Amendments, Constitutional 97, 98,115 
 
 Appointive officers, cannot be delegate to political convention or member of committee 87 
 
 Appointment of Registry Agent 4 
 
 Appointment, promises of 58 
 
 Assemblymen, apportionment of 112 
 
 Assistance given voter 65 
 
 Attorney -General 85.86, 94 
 
 Australian Ballot Law 59-67 
 
 B 
 
 Ballot boxes 37.39,41,44,56.64 
 
 Ballot box, fraud on 56 
 
 Ballot box, how purged 41 
 
 Ballots — Applying for in name of another, felony 89 
 
 Counterfeiting 6g 
 
 Destruction of 63 
 
 How bound 63 
 
 How prepared 64 
 
 How printed - 61,62.67 
 
 How provided 59 
 
 Interdictions 67 
 
 Kind of. to be counted - 66 
 
 Kind rejected 42,66 
 
 Legality of - 40 
 
 Marking done with stamp 64 
 
 Number of. per registered voter 63 
 
 Other offenses enumerated-- '- 66,67 
 
 Sample 65 
 
 Spoiled, how treated 65 
 
 Ten minutes to prepare , 65 
 
 Unlawful for Inspector to put mark on - 43 
 
 Water-mark 65 
 
 Ballots, delivered to Sheriff 37 
 
 Ballots, disposition after canvass- 41, 43, 44 
 
 Ballots, town or city elections 75, 76 
 
 Betting on election prohibited -, 40, 89 
 
 Board of Examiners, duties of 97 
 
 Bonds, school 106,107 
 
 Books and other supplies 5, 16. 37 
 
 Booths - -- 64 
 
 Bribery, intimidation or menace 57 
 
 Bribery or attempt to bribe.. 58 
 
118 INDEX TO ELECTION LAWS 
 
 ^ PAGE 
 
 Candidate — Expenses limited to 20% of one year's salary 81 
 
 May appoint agent in each county ' 80 
 
 May employ workers 80 
 
 Must sign agent's appointment 80 
 
 Name not to be put on official ballot unless statement regarding primary expenses is filed.- 92 
 
 Not deprived of nomination or office for trivial offense 93 
 
 Not to make promise of appointment, exception to 86 
 
 Prohibited from withdrawing, on payment 87 
 
 To be warned of danger of omission of name on failure to file statement of primary expenses. 92 
 
 Unlawful to be, or refrain from being, for consideration 93 
 
 Canvass of votes 32, 40, 44 
 
 Central Committee, County 33 
 
 Central Committee, State 33 
 
 Certificate of election 41 
 
 Certificate of nomination, how issued 33 
 
 Certificate of nomination, filed 60 
 
 Certificate of nomination, U. S. Senator 76 
 
 Certificates, defective 45 
 
 Certificates, to embrace what 60 
 
 Certificates, when and where filed 60 
 
 Challenge, betting, grounds for 89 
 
 Challenge, how made and disposed of 10, 40 
 
 Challenger's duty 90 
 
 Challenge, "treating," grounds for 88 
 
 Check lists and copy of register to be furnished 12 
 
 Check lists, names on 15 
 
 Cigars, liquor, and candy prohibited 91 
 
 Citizens, naturalized, how qualified 9 
 
 City Clerk 21, 24, 25, 29, 82, 84, 102 
 
 City elections 75 
 
 City officers 29 
 
 City officers, municipal election 101 
 
 Clerk of District Court, duties of 48 
 
 Clerk of Election, compensation 46 
 
 Clerks of election, duties of 30, 38. 39, 41, 42, 43, 46, 56, 57, 63, 64, 65, 67 
 
 Clerks of election, how selected 63 
 
 Clerk of Supreme Court, duties of 48 
 
 Committee— Detailed accounts must be kept 83 
 
 May employ workers 80 
 
 Restricted in expenditures 81 
 
 Compensation of Registry Agent 14 
 
 Constitutional amendments 61, 97, 98, 115 
 
 Constitutional conventions 97 
 
 Contest for members of the Legislature 49 
 
 Contesting election of state officers 51 
 
 Contests 47. 48. 49, 50, 51, 52 
 
 Contributions, campaign, prohibited 86 
 
 Contributions to societies, clubs, etc., prohibited 1 87 
 
 Contribution to party funds limited 81 
 
 Conventions - 59, 97 
 
 Conveyances, must not be provided for voter, exception, with provision 90 
 
 Conveyances, unmarked, no workers upon 90 
 
 Corporations, employee culpable, when 90 
 
 Corporations, fines for 94 
 
 Corporations or officers thereof prohibited from contributing to campaign funds 88 
 
 Corrupt Practice Act 80-96 
 
 Corrupt practices 89,90.91,94,95 
 
 Counting ballots 42 
 
 County and township officers 76 
 
 County Clerk, Duties of — 
 
 Certificates of nomination filed with . 
 
 Complete list of voters filed with 
 
 I 
 
INDEX TO ELECTION LAWS 119 
 
 County Clerk, Duties of — Continued page 
 
 Constitutional amendments 61 
 
 Deliver all papers to the Secretary of State 50 
 
 Deliver ballots 63 
 
 File and preserve itemized statement 83 
 
 Furnish copies of Corrupt Practice Act .-- 84 
 
 Furnish Election Laws 59 
 
 Furnish sample ballots 65 
 
 Inspectand demand statement 84 
 
 Mail newspaper containing proposed amendment 98 
 
 Name of agent of county candidate filed with 80 
 
 Notify District Attorney -. 83,85 
 
 Number of ballots per registered voter 63 
 
 Preserve statement six months 86 
 
 Primary Law . 21.22,24.25,29.32 
 
 Print and furnish ballots 61 
 
 Printing ballots, cost 67 
 
 Publish law under referendum petition 78 
 
 Publish total of each statement in report 86 
 
 Registry list 15 
 
 Statement filed with 82 
 
 To notify Inspector of appointment 37 
 
 To warn candidate of omission of filing statement of primary expenses 92 
 
 Transmitting returns 46 
 
 County Commissioners 5, 11, 15, 16, 22, 32, 36, 37. 39, 40, 42, 44, 45. 46, 63. 104, 110 
 
 County Committees 29 
 
 Criminal action 52 
 
 Custody of ballot box 44 
 
 Custody of ballots - 44 
 
 D 
 
 Damages, may be recovered 49 
 
 Defective certificate 45 
 
 Defined, corrupt practices, when deemed prevalent 89 
 
 Deposition in contests 50 
 
 Deputy Sheriff 40 
 
 Destruction of ballots 63 
 
 Disposition of ballot box, ballots, returns, etc 41. 43 
 
 District Attorney, duties of 49,83,85,93, 94 
 
 District Court 47.48.85.93 
 
 District Judges, districts remodeled 108. 109 
 
 E 
 
 Election Board, official register delivered to 18 
 
 Election Board, questions and answers transmitted to --- 18 
 
 Election Law, penalties for violating 55 
 
 Elections — 
 
 Bonds 
 
 110 
 
 City !]-!""" 75 
 
 District Judge 10^ 
 
 General -- ^ 
 
 High School 104 
 
 Notice of --- 22 
 
 Officers of ^ 
 
 20 
 
 Primary 
 
 School bonds -- ^^ 
 
 School Trustees 
 
 Sewerage bonds -- 
 
 70 
 110 
 
 Town elections "- 
 
 When held ^ 
 
 Election, supplies, misdemeanor to interfere 66 
 
 Electors, certain, given holiday on election day 1"^ 
 
 Three hours to vote ^^^ 
 
120 INDEX TO ELECTION LAWS 
 
 PAGE 
 
 Electors, given choice of voting precinct 12 
 
 Electors, unable to write 17 
 
 Employee of corporation culpable, when 90 
 
 Employers held liable 103 
 
 Errors and omissions, how corrected 35 
 
 Expenditures — Detailed account of must be kept 83 
 
 Limited to 20'/^ of one year's salary 81 
 
 Expenses, how paid 43 
 
 Expenses of voter, transportation and other prohibited 90 
 
 Expenses, restricted : 80 
 
 Expenses, statement of, form , 95 
 
 F 
 
 False statement prohibited, to be served on candidate 92 
 
 Fees for filing nominations 24 
 
 Fees for Registry Agent 14 
 
 Fees in contest 48 
 
 Fees of county officers 48 
 
 Felony, applying for ballot in name of another 89 
 
 Fictitious names must not be used 86 
 
 Fines for corporations 94 
 
 Force or threats of all kinds prohibited 88 
 
 Forging returns 56 
 
 Fraudulent voting 16. 56 
 
 G 
 
 General elections 36 
 
 General penalties and punishments 95 
 
 Governor, duties of 58 
 
 H 
 
 High-school elections.. 104 
 
 Holiday to certain electors on election day 103 
 
 Hours of opening and closing polls 38 
 
 I 
 
 Identification certificate 19 
 
 Illegal practice and penalty 91 
 
 Impeachment 54 
 
 Incorporated cities 100 
 
 Incriminate self 91 
 
 Independent, each section 96. 
 
 Independent nominations 59 
 
 Infractions of the law 66 
 
 Inhibitions, certain, concerning newspapers 91 
 
 Inspectors of Election 30. 37, 38. 39. 40. 41. 42. 43, 44, 46, 47, 56, 57, 63. 64. 70. 72 
 
 Instructions to voters 65 
 
 Interdictions of the law 67 
 
 Irregularity of returns 47 
 
 J 
 
 Judges. District 108.109 
 
 Judges of Election 40. 56, 57, i 
 
 Judge's salary 109 
 
 Judgment of Court 48 
 
 Judicial districts, remodeled 108, 109 
 
 Justices of the Peace, duties of 4, 5Q 
 
 K 
 
 Keys (ballot boxes) - 0, 
 
INDEX TO ELECTION LAWS 121 
 
 li PAGE 
 
 Legality of ballot 40 
 
 Legal residence 3 
 
 Lei?al voter 15 
 
 Liquor prohibited 1". 58 
 
 List of voters 14 
 
 Loss of ballots 63 
 
 M 
 
 Malfeasance 45 
 
 Manner of voting 64 
 
 Marking ballot 43 
 
 Messengers 45,46 
 
 Military 68 
 
 Miscellaneous 99 
 
 City Council to provide supplies 101 
 
 Compensation of Registry Agent 101 
 
 Duties of City Clerk 102 
 
 Electors given opportunity to vote - 103 
 
 Identification of voters 101 
 
 Municipal registration 100 
 
 Municipal voters segregated on registry 100 
 
 Nomination of candidates at municipal elections 102 
 
 One registration sufficient 99 
 
 Registry list printed, when 101 
 
 Supplemental registrations .-_ 101 
 
 N 
 
 Name of author and printer, with address, on all printed matter 91 
 
 Name on check list 15 
 
 Names, fictitious must not be used 86 
 
 Names of candidates published 25 
 
 Names published 10 
 
 Naturalized citizen 9 
 
 Neglect (public officer) 67 
 
 New election 44 
 
 New school district 70 
 
 Newspaper 25,67,91.98 
 
 Nomination of candidates, municipal election 102 
 
 Nominations, how made... 59 
 
 Nominations published _.. 61 
 
 Notice of elections 6, 22 
 
 Notice of nominations 25 
 
 Notices posted 22 
 
 Number of ballots per registered voter 63 
 
 Number of voters necessary for a precinct 36 
 
 
 
 Oath, false, perjury 96 
 
 Oath of Clerks 38 
 
 Oath of elector 7 
 
 Oath of elector on challenge 40 
 
 Oath of Inspector 38 
 
 Oath of Registry Agent 14 
 
 Oath of voter 7 
 
 Oath to swear in vote, when 18 
 
 Oath, who may administer 3S 
 
 Offenses 66 
 
 Offense, trivial, not to deprive candidate of nomination or office 93 
 
 Officers, appointive, cannot be delegate or member of committee . 87 
 
 Officers of election, duties 38.39.63 
 
 Office, usurper of, exception 94 
 
122 INDEX TO ELECTION LAWS 
 
 PAGE 
 
 Official register ^^-.5, 16 
 
 Official register, delivered to election board 18 
 
 Opening and closing polls 38 
 
 P 
 
 Party funds limited 81 
 
 Penalties and punishments, general 95 
 
 Penalty for violation of election law 45, 51 
 
 Perjury 16 
 
 Perjury, false oath 96 
 
 Platform, County 33 
 
 Platform, State 34 
 
 Political committee, detailed account 83 
 
 Political committee, fictitious names must not be used 86 
 
 Political libel and penalty 92 
 
 Polls opened and closed 38 
 
 Precinct established, how and when 36 
 
 Prevent fraud ... 14 
 
 Primary ballots, form of •- 25 
 
 Primary elections 20, 27 
 
 All parties on separate tickets 25 
 
 Ballot not rejected for technical error 31 
 
 Ballot void 31 
 
 Canvass, how conducted 32 
 
 Certificateof nomination, howissued 33 
 
 City Clerks, duties of 21,22,24,25.29.32 
 
 Contested nominations, how proceeded with 35 
 
 County Chairman 29 
 
 County Clerks, duties of 21, 22, 24, 25, 29, 32 
 
 County Clerks to publish nominations and notice 25 
 
 County Commissioners to canvass primary returns 32 
 
 County platforms 33 
 
 Deposit of ballot 31 
 
 Diagram of ballot 28 
 
 Errors 29 
 
 Errors or omissions, how corrected 35 
 
 Expense of providing ballots, etc 24 
 
 Fees from candidates at primary elections 24 
 
 Fees, how disposed of 24 
 
 Fees of candidates 24 
 
 Fees of Registry Agent 30 
 
 Form of ballot --25.28 
 
 General law to govern primaries 35 
 
 Hours for opening and closing polls 38 
 
 Instructions to voters 25. 30 
 
 Neglect or malfeasance of filing officer punished 35 
 
 New ballot, when . 31 
 
 Newspapers 25 
 
 Nomination paper, form of oath, etc 22 
 
 Nomination papers filed in other primaries 22 
 
 Nomination papers filed, September election 22 
 
 Nominations, how made 20 
 
 Nominations, when filed 24 
 
 Notices of election 25 
 
 Officers 30 
 
 Other primary elections 21 
 
 Political party designated by votes 31 
 
 Polls open continuously 31 
 
 Proxies 34 
 
 Publication 25 
 
 Regular election laws to govern 30, 35 
 
 Sample ballots 29 
 
 Secretary of State, duties of 21,25,32,33,35 
 
INDEX TO ELECTION LAWS 123 
 
 Primary elections— Continued PAGE 
 
 Secretary of State to certify nominations 25 
 
 Secretary of State to issue nomination certificates for state and national officers, and com- 
 plete returns for United States Senator 33 
 
 September primary elections 21 
 
 Sizeof ballot, type, etc 25 
 
 Stamp 26 
 
 State Central Committees 33, 34 
 
 State platforms, how formulated ._. 34 
 
 Tie votes, how decided _ 35 
 
 Vacancies, how filled 35 
 
 Voting at primary, mode of 30 
 
 Words construed 20 
 
 Printed matter must carry name of author and printer, with address 91 
 
 Printing 67 
 
 Printing registry lists 11 
 
 Process 48 
 
 Prohibited, betting 89 
 
 Prohibited, campaign contributions on demand ... 86 
 
 Prohibited, cigars, liquors, and candy 92 
 
 Prohibited, contributions from corporations or officers thereof 88 
 
 Prohibited, contributions to societies, clubs, etc. 87 
 
 Prohibited, conveyances provided by candidates 90 
 
 Prohibited, false statement ._ 92 
 
 Prohibited, force or threats of all kinds 88 
 
 Prohibited, payment for withdrawing as candidate . 87 
 
 Prohibited, payment of transportation or other expenses of voters 91 
 
 Prohibited," treating" 88 
 
 Prohibitions under penalty 40, 67 
 
 Promises of appointment 58 
 
 Promises of appointment not to be made, exception 86 
 
 Promoters of candidates punished 57 
 
 Proposed constitutional amendment— Woman suffrage 115 
 
 Proxies not boughtor sold 87 
 
 a 
 
 Qualifications for voting 3, 5, 15, 17, 18, 71, 75 
 
 R 
 
 Reapportionment of Legislature 112 
 
 Recount : 44, 51 
 
 Referendum 77,80 
 
 Register, copies of official --_ 5, 12 
 
 Registration 4, 20 
 
 Registration at primary sufficient for regular election 99 
 
 Registration, municipal 100, 102 
 
 Registry Agents — 
 
 Compensation 14 
 
 Death of 15 
 
 Duties of (municipal election) 100, 102 
 
 Duties of (town and city elections) 75 
 
 File complete list of voters 14 
 
 Notices of election delivered to 22 
 
 Oath of 14 
 
 Publish names of voters 10 
 
 Publish notice 6 
 
 Supplies for 5, 16 
 
 When appointed 4 
 
 Registry list printed II 
 
 Rejected ballots, counted on separate tally sheet 42 
 
 Rejected ballots, result to be posted 42 
 
 Repealed, certain Acts 78,79 
 
 Residence defined 3, 75 
 
 Result of count — — 43 
 
124 INDEX TO ELECTION LAWS 
 
 PAGE 
 
 Returns, disposition of 41 
 
 Returns, forging 56 
 
 Returns, irregularity of 47 
 
 Rewards offered 58 
 
 Road districts 113 
 
 Road Supervisor 113 
 
 s 
 
 Sale or gift of liquor prohibited on election day 58 
 
 Sample ballots 65 
 
 School, High, Elections 104 
 
 Bonds to run no longer than twenty years 107 
 
 County Board of Education elected 106 
 
 County Commissioners to submit question to popular vote 105 
 
 Elections, how conducted, notice 107 
 
 Form of ballot 106 
 
 Location of, how determined ._. 105 
 
 Question of issuing bonds, submitted to popular vote 107 
 
 School district bond election 106 
 
 School district bonds may be issued 106 
 
 School tax election 103 
 
 School Trustee Election 70-75 
 
 Assistance allowed in marking ballots, when allowed, spoiled ballots 73 
 
 Candidates to file names with County Clerk 74 
 
 Certificate of election 74 
 
 Challenge, illegal voting 74 
 
 Compensation 72 
 
 Deputy to fill vacancies 75 
 
 Duty of election board on completion of count 74 
 
 Election in new districts 70 
 
 Election officers, how appointed 70 
 
 How to vote 73 
 
 Instructions for voting 73 
 
 List delivered to Inspectors 72 
 
 Not allowed at polls 73 
 
 Notice of election, to be posted 71 
 
 Number and form of ballots 73 
 
 Number of Trustees, how determined 70 
 
 Oath, form of 71 
 
 Polls kept open 70 
 
 Preparation of list of voters.. 72 
 
 Qualifications for voting 71 
 
 Registration regulations 71 
 
 Registry list 72 
 
 Tally lists 70 
 
 Trustees, election of, when 70 
 
 Trustees, number of 70 
 
 Vacancies, how filled ^ 75 
 
 Voting shall be by ballot 72 
 
 When Trustees take office 74 
 
 Secrecy of ballot , 56,67 
 
 Secretary of State, Duties of — 
 
 Adjutant-General to certify to . 68 
 
 Ballots furnished by 61 
 
 Certificates of nomination filed with 60 
 
 Certified copy of registry list sent to 15 
 
 County Clerk to deliver all papers to 50 
 
 Deliver papers to presiding officer 50 
 
 File, preserve itemized statement . 83 
 
 Furnish copies of Corrupt Practice Act 84 
 
 Inspect and demand statement 84 
 
 May send messenger 45 
 
 Name of agent of U. S. and state candidates filed with 80 
 
 
INDEX TO ELECTION LAWS 125 
 
 Secretary of State, Duties of— Continued PAGE 
 
 Notify Attorney-General 85 
 
 Notify District Attorney 83 
 
 Pamphlets printed ^^---- 59 
 
 Preserve statementsix months 86 
 
 Referendum petition filed with 77 
 
 Result of canvass for U. S. Senator 76 
 
 Shall certify to County Clerk name and office for which he is nominated 61 
 
 Soldier vote 69 
 
 Statement filed with 82 
 
 To certify constitutional amendments to the County Clerk 61 
 
 To certify questions to County Clerk 78 
 
 To have ballots printed on tinted paper 62 
 
 To include Corrupt Practice Act in Election Laws 84 
 
 To publish total of each statement in report 86 
 
 Under primary election. See Primary Election. 
 
 Warn candidate of omission of filing statement of primary expenses 92 
 
 Section, each independent 96 
 
 Senators, apportionment of 112 
 
 Sheriff, duties of 37 
 
 Signature of voter 19 
 
 Soldiers' vote, how taken 68 
 
 Special elections 22 
 
 State Central Committee 34 
 
 Statement, false prohibited, to be served on candidate 92 
 
 Statement of expenses, form of 95 
 
 Statement, subject to public inspection 86 
 
 Statement, to be preserved six months 86 
 
 Statement to contain maximum to be expended and liability incurred 80 
 
 Statement, totals of to be published in report 86 
 
 Stationery 5, 16 
 
 Suffrage, woman, proposed constitutional amendment 115 
 
 Supplies 37.69 
 
 T 
 
 Terms construed 81 
 
 Tie vote 44 
 
 Town and city elections 75, 76 
 
 Transfers 12. 13,14 
 
 Treating prohibited 88 
 
 u 
 
 Unlawful to be, or refrain from being candidate, for consideration 93 
 
 U. S. Senator :. 76 
 
 U. S. Senator and Congressman, name of political agent, file with Secretary of State 82 
 
 U. S. Senator, candidates may pledge to vote for people's choice 86 
 
 Usurper of office, when, exception 94 
 
 V 
 
 Vacancies, how filled 35 
 
 Vacancies to be filled by proper committee of political party 92 
 
 Violations 66,67.94.103 
 
 Vote canvassed 40 
 
 Vote, how to 1 64 
 
 Voting, fraudulent 16 
 
 Voting, three hours allowed certain electors 103 
 
 Voters — Additional regulations in registration 16 
 
 Complete list filed by Registry Agent with County Clerk 14 
 
 Legal, when considered 15 
 
 May register elsewhere in county 15 
 
 Number of in precinct 36 
 
 Signature 17 
 
 Unable to write 17 
 
126 INDEX TO ELECTION LAWS 
 
 PAGE 
 
 Voters, assisted in marking ballot 65 
 
 Voters, conveyances must not be provided for 90 
 
 Voters, particular directions as to registration 5 
 
 Voters, transportation or other expenses prohibited 90 
 
 Voter to take oath 7 
 
 w 
 
 Wards 76 
 
 Witness fees 48 
 
 Witness not to incriminate self 91 
 
 Woman suffrage, proposed constitutional amendment 115 
 
 
 
VOTERS, TAKE NOTICE! 
 
 Before election day read the law. 
 
 Secure a sample ballot before goingf to the polls* 
 
 Decide for whom you will vote before gfoingf into the booth. 
 
 Obtain your ballot from one of the Clerks of Election. 
 
 You will be allowed only ten minutes in which to prepare 
 your ballot. 
 
 Stamp the cross X in the square after the name fdr which 
 you vote. 
 
 The cross must be made only with the stamp in black ink. 
 
 Any writin§f or other marking will invalidate your ballot. 
 
 Fold your ballot before leaving the booth. 
 
 See that the water-mark and number are on the outside. 
 
 Deliver your ballot, folded, with the stamp, ink and ink-pad 
 to the Inspector, and give your name. 
 
 Only one voter can occupy a booth at one time. 
 
 A voter physically disabled may have the assistance of 
 another elector in preparing his ballot. 
 
 Inability to read or write will not be considered a physical 
 disability. 
 
 Drunkenness is not physical disability. 
 
 NOTE— The above are respectfully suggested as some of the instruc- 
 tions to be printed in the card of instruction to voters. Sections 27, 28, 
 29 and 30 of Chap. 5, entitled " An Act relating to elections and removals 
 from office" should be printed on each card. 
 
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