. ft-', 
 
 GIFT OF 
 
\ 
 
 I 
 
 owa 
 
 Election Laws 
 
 COMPILED BY 
 
 W. B. MARTIN 
 
 SECRETARY OF STATE 
 
 DES MOINES 
 
 B. MURPHY, STATE PRINTER 
 1906 
 

TITLE VI. 
 
 OF ELECTIONS AND OFFICERS. 
 
 CHAPTER 1. 
 OF THE ELECTION O? OFFICERS AND THEIR/TERMS. 
 
 SECTION 1057. General election. The general election 
 for state, district, county and township officers shall be held 
 throughout the state on Tuesday, next after the first Monday 
 in November, in the year 1906 and each two years thereafter. 
 [19 G. A., oh. 115; C. '73, 573; R., 459; C. '51, 237.] 
 [31 G. A., ch. 36, 2.] 
 
 See amendment to constitution at end of art. II. 
 
 SEC. 1058. Special election. Special elections authorized 
 by any law, or held to supply vacancies in any office to be filled 
 by the vote of the qualified voters of the entire state, or of any 
 district, county or township, may be held at the time designated 
 by such law, or by the officer authorized to order such election, 
 [C. '73, 574; R., 460.] 
 
 SEC. 1059. When officer to be chosen. At the general 
 election next preceding the expiration of the term of any officer 
 hjs successor shall be elected, [C. '73, 575; R., 461.] 
 
 SEC. 1060. Term of office. The term of office of ail offers 
 chosen at a general election for a full term shall commence on 
 the first Monday of January next thereafter, except when other- 
 wise provided by the constitution or by statute; that of an 
 officer chosen to fill a vacancy shall commence as soon as he 
 has qualified therefor. [16 G. A., ch. 72; C. '73, 576; R., 
 462.] [31 G. A. ch. 37, 1.] 
 
 See Const., art IV, \ 15. 
 
 SEC. 1061. Proclamation. At least thirty days before any 
 general election, the governor shall issue his proclamation, 
 designating all the offices to be filled by the vote of all the 
 electors of the state, or by those of any congressional, legisla- 
 tive or judicial district, and, in the years required by article 
 ten, section three, of the constitution, submitting the question : 
 "Shall there be a convention to revise 'the constitution and 
 amend the same?" and transmit a copy thereof to the sheriff of 
 each county. [C. '73, 577; R., 462.] 
 
 257186 
 
2 :;. : :/ :!; {*fiC$<frib$fe ATJD OFFICERS. 
 
 SEC. 1062. Notice. The sheriff shall give at least ten days' 
 notice thereof, by causing a copy of such proclamation to be 
 published in some newspaper printed in the county; or, if 
 there be no such paper, by posting such a copy in at least five 
 of the most public places in the county. [C. '73, 578: R., 
 463.] 
 
 Where the time of the regular election is fixed by law such time is to be 
 taken notice of judicially: Davis v . Best, 2-96. 
 
 Failure to give proper notice of an election will not invalidate it. In 
 matters of such public nature the observance of the particular requirement 
 is not a prerequisite to validity, and the statutes as to notice are to be 
 deemed directory. The people are not to be disfranchised or deprived of 
 .their voice by the omission of some duty by an officer: Dishon v. Smith, 
 10-212. 
 
 If an election has in fact been held at the proper time, and it is not 
 alleged or shown that any portion of the electors failed in knowledge of the 
 pendency of the question submitted at such election, or to exercise their 
 franchise, it will not be held void on account of want of notice: Ibid. 
 
 SEC. 1063. Of special election. A similar proclamation 
 shall be issued before any special election ordered by the gov- 
 ernor, designating the time at which such special election shall 
 be held; and the sheriff of each county in which such election is 
 to be held shall give notice thereof, as provided in the last 
 section. [C. '73, 579; R, 464.] 
 
 SEC. 1064. State officers. The governor, lieutenant gov- 
 ernor, secretary of state, auditor of state, treasurer of state, 
 attorney general, and superintendent of public instruction shall 
 be chosen at the general election in each even numbered year 
 and their terms of office shall be for two years. [C. '73, 580; 
 R., 465.] [31 G. A., ch. 36, 3.] 
 
 As to governor and lieutenant governor see Const., art. IV, % 15. As 
 to secretary, auditor and treasurer, see Const., art. IV, \ 22. As to attor- 
 ney-general, see Const. , art. V, 12. 
 
 SEC. 1066. Judges of the supreme court. Two judges of 
 the supreme court shall be chosen at the general election in the 
 year 1906 and two shall be chosen at each general election 
 thereafter, whose terms of office shall continue for six years 
 and the judge whose term of office will soonest expire shall be 
 chief justice and when it occurs that two judges shall be equally 
 entitled, they shall each hold the place of chief justice for one 
 year, and the one who is senior in age shall hold for the first of 
 the two years to which they are each equally entitled ; and at 
 the session of the supreme court next preceding the commence- 
 ment of the first of the said two years, the supreme court shall 
 cause a record to be made as to who shall be the chief justice 
 for the year next ensuing. [26 G. A., ch. 72; 25. G. A., ch. 
 69, 2; 16 G. A., ch. 7, 2; C. '73, 582.] [31 G. A., ch. 36, 4.] 
 
 See Const., art. V. $%3, 11. 
 
 SEC. 1067. Clerk and reporter of supreme court. The 
 
 clerk and reporter of the supreme court shall be chosen at the 
 
ELECTIONS AND OFFICERS. 3 
 
 general election in the year 1898, and each fourth year there- 
 after, and their terms of office shall be four years. [C. 73, 583.] 
 
 SEC. 1068. Railroad commissioners. At the general 
 election in the year 1906, and every four years thereafter, there 
 shall be. elected two railroad commissioners, whose term of 
 office shall be fora period of four years; and at the general 
 election in the year 1908, and every four years thereafter, there 
 shall be elected one railroad commissioner, whose term of office 
 shall be for a period of four years; and the present incumbents 
 of the office of railroad commissioner shall continue in office 
 until their successors are elected and qualified, as in this act 
 provided. [22 G. A., ch. 29, 2; 17 G A., ch. 77, 2] [31 G. 
 A., ch. 38.] 
 
 SEC. 1069. Judges of district court. The judges of the 
 district court shall be elected in each judicial district at a 
 general election, and shall hold office for four years, except 
 when elected to fill a vacancy, in which case it shall be only for 
 the unexpired term. [21 G. A., ch. 134, 4.] 
 
 SEC. 1070. Representatives. Members of the house of 
 representatives shall be elected in the respective representa- 
 tive districts in each even numbered year, and hold office 
 for the term of two years. [C. '73, 587; R., 470.] 
 [31 G. A., ch. 36, 5.] 
 
 See Const. , art. III. \ 3. 
 
 SEC. 1071. Senators. Senators in the general assembly, 
 to succeed those whose terms are about to expire, shall be 
 elected in the respective senatorial districts in each even num- 
 bered year, and shall hold office for the term of four years. [C. 
 '73, 588; R., 471.] [31 G. A., ch. 36, 6.] 
 
 See Const., art. III. I 5. 
 
 SEC. 1072. County officers. There shall be elected in 
 each county, at the general election in 1906, and in each even 
 numbered year thereafter an auditor, a treasurer, a clerk of the 
 district court, a sheriff, a recorder of deeds, a county attorney, 
 a county superintendent of schools, a surveyor, and a coroner, 
 who shall hold office for" the term of two years or until their suc- 
 cessors are elected and qualified. [23 G. A., ch37, 2; 21 G. A. 
 ch 73, 1; C '73, 589; R., 224, 472-3; C. '51, 96.] [31 
 G. A. ch 39.] 
 
 \ Women are by 2748 made eligible to school offices, and by \ 493 to the 
 office of county recorder.] 
 
 SEC. 1073. Justices and constables. Two justices of the 
 peace and two constables shall be elected by the voters of each 
 township at the general election in each even-numbered year, 
 and shall hold office for two years, and be county officers. [25 
 G. A., ch. 74, 4; C. '73, 389, 590, 592-3; R., 443, 726, 
 474,477-8; C. '51, 221, 243.] 
 
4 REGISTRATION OF VOTERS. 
 
 The ballots for justice of the peace should be canvassed by the board cf 
 supervisors under the provisions of g 1150: Lynch v. Bermazen, 61-76. 
 
 The constable is properly a township officer although he is t be voted 
 for under this section like a justice of the peace as a county officer by the 
 voters of his township: State v. Btvans, 37-178. 
 
 BEG. 1074. Township trustees. At the general election 
 in the year 1906 there shall be elected in each township a suc- 
 cessor to those trustees whose term of office will expire Jan- 
 uary 1st, 1907; and at the general election in the year 1908, and 
 biennially thereafter, there shall be elected in each township 
 three trustees, whose term of office shall be for a period of two 
 years, and until their successors are elected and qualified, and 
 those trustees whose term of office does not expire until the first 
 day of January, 1908, shall continue in office until their suc- 
 cessors are elected and qualified. [ 17 G. A. ch 12, 1, 
 2; C. '73, 591.] [31 G. A. ch 37.] 
 
 SEC. 1075. Township clerk assessor. At the general 
 election in each even numbered year, there shall be elected in 
 each civil township one township clerk, and, where not other- 
 wise provided, one assessor, to be elected by the voters of such 
 district, who shall hold their offices for the term of two years. 
 [18 G. A., ch. 161, l; C. '73, 591.] [29 G. A.,ch. 53, 1.] 
 
 The offices of township trustee and clerk are abolished in some case* 
 where the township constitutes a city or town. See I 560 562. 
 As to method of voting for assessor, see $ 1130. 
 
 CHAPTER 2. 
 
 OF THE REGISTRATION OF VOTERS. 
 
 SEC. 1076. Board of registers. In cities having a 
 population of thirty- five hundred or more, not including the in- 
 mates of any state institution, the council, on or before the 
 sixth Monday preceding each general election and on or before 
 the third Monday prior to any city election to be held during 
 the year 1906, shall appoint one suitable person from each of 
 the two political parties which cast the greatest number of votes 
 at the last general election, from three names presented by each 
 chairman of the city central political committee of such par- 
 ties, to be registers in each election precinct in the city for the 
 registration of voters therein, who shall be electors of the pre- 
 cinct in which they are to serve, of good clerical ability, speak- 
 ing the English language understandingly, temperate, of good 
 habits and reputation, who shall qualify by taking an oath or 
 affirmation to the effect that they will well and truly discharge 
 all of the duties required of them by Jaw They shall hold their 
 office for two years, but registers appointed for city elections 
 during the year 1906 shall hold such office only until such elec- 
 tion is completed and receive compensation at the rate of two 
 dollars and fifty cents for each calendar day engaged in the- 
 
REGISTRATION OP VOTERS. 5 
 
 discharge of their duties, to be paid by the county, except in 
 case of city elections, when they shall be paid by the city. If 
 for any cause such registers, or any of them, shall not be 
 appointed at or before the time above mentioned, or, if ap- 
 pointed, shall be unable for any cause to discharge the duties 
 of such office, the mayor of such city shall forthwith, on similar 
 recommendation, make such appointments and fill all vacancies. 
 Should the mayor, upon the request of five freehold electors, 
 fail for a period of three days to perform the duties aforesaid, 
 he shall forfeit and pay, at the action of any such elector, the 
 sum of one hundred dollars per day, for the equal benefit of the 
 city and plaintiff. The provisions of this title shall apply to 
 cities acting under special charters, with like effect as though 
 said cities were acting under the general incorporation laws of 
 the state. [26 G. A., ch. 62; 22 G. A., ch. 48, 5, 12; 21 G. 
 A., ch. 167, 3.] [31 G. A. chs. 40- 41.] 
 
 SEC. 1077. Registration. The registers shall meet on the 
 second Thursday prior to any general, city, or special election, 
 at the usual voting place in the precinct in which they have been 
 appointed, and shall hold continuous sessions for two consecu- 
 tive days, from eight o'clock in the forenoon until nine 
 o'clock in the afternoon, and, in presidential years, such sessions 
 shall be held for three days. Any person claiming to be a voter 
 or that he will be on election day, may appear before them in 
 the election precinct where he claims he is or will be entitled to 
 vote, and make and subscribe, under oath, a statement in a 
 registry book, to be provided by the clerk and furnished the 
 registers, at the equal expense of the city and county, and kept 
 open for public inspection and examination during the time 
 fixed for the registration, which statement shall be in the follow- 
 ing form and contain the following matter : 
 
REGISTRATION OF VOTERS. 
 
 REGISTER OF VOTERS, PRECINCT. 
 
 WARD, 
 
 Number. 
 
 Residence. 
 
 Name. 
 
 <D 
 M 
 < 
 
 Nativity. 
 
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 J3 
 
 "o 
 
 u 
 
 TERM OF 
 RBSI- 
 DHNCE. 
 
 Naturalized. 
 
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 OH 
 
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 cx 
 
 <4-l 
 
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 rt 
 
 Q 
 
 |H 
 
 3 
 
 
 O 
 
 Cfl 
 
 8 
 
 bo 
 a 
 
 
 
 O 
 
 VM 
 O 
 
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 rt 
 
 
 
 Qualified voter. 
 
 Date of application. 
 
 Last preceding 
 place of residence. 
 
 SIGNATURE. 
 
 Precinct, street, 
 number. 
 
 County. 
 
 oj 
 J 
 M 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 The signature of the applicant shall be made at the right hand 
 end of the line under the column "Signature", one of the reg- 
 isters having first administered to him this form of oath : "You 
 do solemnly swear (or affirm) that you will fully and truly 
 answer all such questions as shall be put to you touching your 
 place of residence, name, place of birth, your qualifications as 
 an elector, and your right as such to register and vote under the 
 laws of this state" ; after which, the registers, or either of them, 
 shall propound questions to the applicant for registration in re- 
 lation to his name; his then place of residence, street and 
 number; how long he has resided in the precinct where the vote 
 is claimed; the last place of his residence before coming into 
 that precinct; and also as to his citizenship, whether native or 
 naturalized; if the latter, when, where, and in what court, or 
 before what officer, or whether by act of congress ; whether he 
 came into the precinct for the purpose of voting at that election ; 
 how long he contemplates residing in the precinct; and such 
 other questions as may tend to test his qualifications as a resi- 
 dent of the precinct, citizenship and right to vote at the poll ; 
 then, if the applicant appears to have the right to be regis- 
 tered, the registers shall fill out the above prescribed form of 
 statement, which the applicant shall sign and swear to, as above 
 provided. [22 G. A., ch. 48, 1; 21 G. A., ch. 161, 5; 28 G. 
 A., ch. 33, 1.] 
 
REGISTRATION OF VOTERS. 7 
 
 Former provisions for registry were held not in conflict with constitu- 
 tion, art. II, 1 prescribing the qualifications of electors: Edmunds v. 
 jBanbury, 28-267. And an election without registry, where such was 
 required by law, was held void, the provisions of the law being: mandatory 
 and imperative: Nefzger v. Davenport & St. P. R. Co., 46-642. 
 
 SEC. 1078. Statements registry books school elec- 
 tions. The statements thus made shall be dated and consecu- 
 tively numbered, commencing with number one at each 
 registration. At the close of each day's registration, the registry 
 book shall be ruled off so as to prevent further entries, 
 and, when not in use by the registers, shall be kept in 
 the custody of the clerk until disposed of as provided by law. 
 No person shall register at any other place or time than is des- 
 ignated in this chapter, and no -registration of voters for school 
 elections shall be required. [22 G. A., ch. 48, 10; 21 G. A., 
 ch. 161, 6, 8.] 
 
 SEC. 1079. List of voters. The registers shall, within 
 three days after the registration made in the second week pre- 
 ceding the election, prepare two alphabetical lists, for their 
 respective voting precincts, of the names of all persons regis- 
 tered, their residences, their last preceding places of residence, 
 the dates of removal when removals occur within one year, 
 nativity, color, term of residence in precinct, county and state, 
 whether naturalized, date of papers, the naturalizing court, or 
 place of naturalization if court is not known, whether natural- 
 ized by act of congress, date of application for registration; one 
 of which lists they shall forthwith conspicuously post or cause 
 to be posted at the usual place of holding elections in such pre- 
 cinct, for inspection of the public, and retain the other one in 
 their possession. [22 G. A., ch. 48, 12; 21 G. A., ch. 161, 7.] 
 
 SEC. 1080. Correction of registry lists delivered to 
 judges. On the Saturday before any election at which regis- 
 tration is required, the registers shall meet at the place where 
 registration was last made, and hold a continuous session, from 
 eight o'clock in the forenoon until nine o'clock in the afternoon, 
 at which they shall revise and correct the registry book of 
 voters, adding thereto, consecutively numbering them, the 
 names of all applying for registration who on election day will 
 be entitled to vote in that precinct, and by striking therefrom 
 the name of any one not entitled to vote thereat. The registers 
 shall revise and correct the alphabetical list in their possession 
 to correspond therewith. When thus revised and corrected, it 
 shall be certified and copied by the registers, who shall deliver, 
 or cause to be delivered, such list and copy to the judges of the 
 election of the proper precinct, and which delivery shall be 
 made on election day, and before the opening of the polls. The 
 copy thus delivered shall be preserved by the judges, and 
 returned with the vote from that precinct, and the original to 
 the clerk. At the opening of the polls and before any ballot 
 shall be received, the judges of the election shall appoint one 
 
8 REGISTRATION OF VOTER?. 
 
 of their number, or one of the clerks, to check the name of each 
 voter whose name is on the alphabetical lists, to whom a ballot 
 is delivered. [22 G. A., ch. 48, 1, 3, 4; 21 G. A., oh. 161, 8.] 
 SEC. 1081. Appearance and hearing. All proceedings 
 of registers shall be public, and any person entitled to vote in a 
 precinct shall have the right to be heard before them in refer- 
 ence to corrections of or additions to the lists of such precinct. 
 No person shall be admitted to registry unless he appears in 
 
 Eerson, except as in this chapter provided, and, if demanded, 
 e shall furnish to the registers such proofs of his right thereto 
 as may by law be required by judges of election of any person 
 offering to vote. If an elector is, by reason of sickness, unable 
 to go to the place of registry on any day the registers may be 
 in session, the registers shall, upon the filing before them, by a 
 registered elector, of an affidavit to that effect, visit such sick 
 elector at his place of residence on any day when not in session, 
 and place his name on the registry book and alphabetical list, 
 if found entitled thereto ; at which time and place the registers 
 may administer the oath hereinbefore provided to be taken by 
 applicants for registry. [21 G. A., ch. 161, 9.] 
 
 SEC. 1082. Registration on election day. The registers 
 shall also be in session on the day for the holding of each 
 election, at some place convenient to, but not within one 
 hundred feet of, the voting place, and during all the 
 hours in which by law the polls are required to be kept 
 open, for the purpose only of granting certificates of registra- 
 tion to persons who, being electors, are not registered. Such 
 registration shall be allowed and certificate thereof granted 
 only to a person who was absent from the city duiing all 
 the days fixed for registration of voters for that election, 
 or to a person who, being a foreigner, has received his final 
 papers since the last preceding day for the registration of 
 voters for that election, or to a person whose name was, on the 
 preceding Saturday, and in the absence of such person, stricken 
 from registration, and who, on said day of election, shall prove 
 to the satisfaction of said registers that he is a lawfully qualified 
 elector of said voting precinct. These certificates of registra- 
 tion shall contain all the data showing the qualification of the 
 voter as shown by the registration, and, in addition, the special 
 matter showing the voter's right to such certificate under this 
 section, and, before delivery to the applicant, shall be endorsed 
 by the registers, to the effect that the person therein named is 
 a qualified voter in that precinct, and that he is entitled to be 
 registered as such. The proper statement shall be signed and 
 sworn to by the voter before one of the registers, supported by 
 the affidavit of a freeholder who is a registered voter in that 
 precinct, who shall make oath to the qualification of the appli- 
 cant as a voter in that precinct; and if the applicant be one 
 whose name was stricken from registration, such affidavit of 
 said freeholder shall contain the facts showing the right of said 
 
REGISTRATION OF VOTERS. 9 
 
 applicant to vote in that precinct. Registration in such cases 
 shall be made in the manner required for regular registration. 
 The certificate of registration shall be handed in to tne judges 
 of election when a ballot is delivered to him. The data there- 
 from, showing the voter's name and his qualification as a voter, 
 shall be entered on the alphabetical lists by the judges and 
 clerks of the election, under the* appropriate headings, and the 
 original certificate shall be returned to the city clerk, who shall 
 carefully preserve it in the same manner, and for the same 
 time as the alphabetical list and poll book. [22 G. A., ch. 
 48, 7.] 
 
 SEC. 1083. Striking off names. The registers, prior to 
 each election except presidential elections, and after completing 
 their registration, shall certify the names of all persons by 
 them registered to the registers of the ward or precinct of the 
 same city, which the registration shows such persons gave- as 
 their last place of residence, and the nam.es of such persons so 
 certified shall be stricken from the registry lists of the ward or 
 precinct in which they last resided, if found thereon. [25 G. 
 A., ch. 58, 1.] 
 
 SEC. 1084. New registry how often. A new registry 
 of voters shall be taken in each year of a presidential election. 
 For all other state or municipal elections, general or special, 
 the registers shall prepare a new registry book in each year, 
 by copying from the poll book of the preceding general election 
 all the names found therein, adding thereto those of all persons 
 registered and voting at any subsequent election , which new 
 registry book shall show all the facts of qualification of each 
 voter as they appear on the last preceding registry book, which, 
 when thus made up, shall be used at 'each election until a new 
 registry book is prepared as required by law. Every person 
 ;hus registered shall be considered as entitled to vote at any 
 slection at which said registry book may be used, unless his 
 name shall be dropped by the correction of registration, as 
 authorized by law. [25 G. A., ch. 58, 1; 22 G. A., ch. 48, 
 IS 2, 3.] 
 
 SEO. 1085. Notice. The times and places of making reg- 
 stration of voters shall be published by the mayor in the two 
 eading political party papers published in such city, except no 
 Dublication shall be required for a special election. If there be 
 Dut one such paper published in the city, publication of notice 
 ;herein shall be sufficient. The publication shall be made for a 
 Deriod of three days prior to the opening of the registry book, 
 f the paper is a daily paper, and for one week, if a weekly 
 Daper, and shall call the attention of the voters to the necessity 
 )f complying with the laws with reference to registration, in 
 >rder to be entitled to vote at the ensuing election. [21 G. A.. 
 )h. 161, 12.] 
 
 SEC. 1086. City Clerk. The city clerk shall carefully 
 reserve all registry books and alphabetical lists and other 
 
10 ELECTIONS. 
 
 papers pertaining to the registration, until destroyed as pro- 
 vided in the chapter on the canvass of votes. He shall, on the 
 application of the registers, deliver to them, prior to their first 
 meeting for each election, the registry book, alphabetical list 
 and poll book, which they require in order to properly prepare 
 the necessary registry book for the next ensuing election; all of 
 which shall be returned to him "when they have completed their 
 work for such election. [22 G. A., ch. 48, 6.] 
 
 SEC. 1087. Penalty. If any register shall fail to per- 
 form any duty required of him in this chapter, he shall forfeit 
 the sum of one 'hundred dollars, to be recovered by any person 
 in any court having jurisdiction ; and if any register or judge 
 of election shall wilfully neglect or disregard any duty imposed, 
 or shall make, or permit to be made, any registration, state- 
 ment or list, except at the time and place and in the manner 
 herein authorized and prescribed, or shall knowingly make, or 
 permit to be made, any false statement as aforesaid, or if any 
 person shall wilfully make, or authorize to be made, any state- 
 ment required to be made, false in any particular, or shall 
 violate any of the provisions of this chapter, every such 
 register or judge of election, person or persons, shall be guilty 
 of a misdemeanor, and, upon conviction, fined in a sum not less 
 than fifty nor more than two hundred dollars, or be imprisoned 
 in the county jail not less than twenty days, nor more than six 
 months, or both, at the discretion of the court. [21 G. A., ch. 
 161, 10.] 
 
 CHAPTER 3. 
 
 OF ELECTIONS. 
 
 SECTION 1088. All elections except school. The provi- 
 sions of this chapter shall apply to all elections known to the laws 
 of the state, except school elections. [21 G. A., ch. 141, 2.] 
 
 SEC. 1089. General and special. The term "general 
 election", as used in this chapter, shall apply to any election 
 held for the choice of national, state, judicial, district, county 
 or township officers; that of "city election" shall apply to any 
 municipal election held in a city or town; and that of "special 
 election" shall apply to any other election held for any purpose 
 authorized or required by law. [24 G. A., ch. 33, 2.] 
 
 The Australian ballot law as originally adopted (24 G = A., ch. 33) did 
 not apply to special elections held for the purpose of voting taxes in aid of 
 railroads or bridges. Pritchard v. Magoun, 109-364; Bras. v. Burlington, 
 C. X. & N. K. Co., 114-401. 
 
 SEC. 1090. Election precincts. Each township, or, in 
 case a township contains a city or a portion thereof, such 
 portion of the township as is outside the limits of the city, and 
 each ward of a city, shall, respectively, constitute an election 
 
ELECTIONS. 11 
 
 precinct. But the board of supervisors or the council, as the 
 case may be, shall have power to divide a township or part 
 thereof, or a ward, into two or more precincts, or to change or 
 abolish the same; or the board of supervisors and the council 
 of any city of less than thirty- five hundred inhabitants, not 
 including the inmates of any state institution, may combine 
 any part of the township outside of such city with any or all 
 the wards thereof as one election precinct, or change or abolish 
 such precinct; or the council of such city may combine the 
 several wards into one or more precincts. No precinct shall 
 contain different townships or parts thereof. Each incorporated 
 town shall constitute a precinct for town elections. No person 
 shall vote in any precinct but that of his residence. [25 G. A., 
 ch. 60; 21 G. A., ch. 141, 2; C. '73, 501, 603, 605; R., 
 480; C. '51, 245.] 
 
 Residence: By going into a township and remaining there for the sole 
 purpose of voting, with no intention of remaining longer, one will not 
 acquire sufficient residence to entitle him to vote; but if the removal is in 
 good faith, no length of residence is necessary: State v. Minnick, 15-123. 
 
 Where the time, place and manner of holding elections are not prescribed 
 by the constitution, but commi ted to the legislature, the reception of votes 
 out of the precinct or the county of elector's residence may be constitu- 
 tionally authorized: Morrison v. Springer, 15-304. 
 
 If no requirements as to length of residence were contained in the con- 
 stitution, the legislature might fix such length of residence as it should see 
 fit: Ibid. 
 
 The residence of a voter is the place of his domicile or place of abode, as 
 distinguished from the residence acquired as a sojourner for business, 
 education, or other temporary purpose. Therefore, held, that a student in 
 the university at Iowa City, sent there and supported by his father, and 
 making his father's home his "headquarters" during vacation, was not 
 entitled to vote in Iowa City, though he had been there the requisite length 
 of time and had no present intention of leaving there when he ceased to 
 attend the university: iSanderpoel v . O'Hanlon> 53-246. 
 
 If the ballot of a voter is received it is no ground of complaint that an 
 improper oath has been administered to him touching his qualifications: 
 State ex rel v. O'Day, 69-368. 
 
 Evidence in a particular case as to the actual residence of a voter con- 
 sidered: Kelso v. Wright, 110 560. 
 
 Persons in military service: A soldier, serving in the volunteer forces 
 of the federal government does not thereby lose nor change his place of 
 residence, which remains that of the county of his residence at the time of 
 entering the service: and if he should be in such county on the day of 
 election he would unquestionably have the right to vote, it otherwise quali- 
 fied: Morrison v. Springer 15-304. 
 
 And held, that the legislature may authorize the casting of ballots by 
 soldiers at points where they are stationed outside the state: Ibid. 
 
 Under the statute authorizing persons absent from the state in military 
 service to vote at general elections, held, that the submission cf a proposi- 
 tion for the disposition of swamp lands at a special election at which per- 
 sons in the militarv service could not vote was not illegal: Cedar Rapids 
 & M.R. Co. v. Boone County, 34-45. 
 
 SEC. 1091. Polling places for country precincts. Poll- 
 ing places for precincts outside the limits of a city, but within 
 the township in which the city is in whole or in part situated, 
 may, for the convenience of the voters, be fixed at some room 
 
12 ELECTIONS. 
 
 or rooms in the court-house, or in some other building within 
 the limits of the city, as the board of supervisors may provide, 
 [21 G. A., ch. 161, 14.] 
 
 SEC. 1092. Notice of boundaries of precincts. The 
 board of supervisors or council shall number or name the sev- 
 eral precincts established, and cause the boundaries of each to 
 be recorded in the records of said board of supervisors or coun- 
 cil, as the case may be, and publish notice thereof in some 
 newspaper of general circulation, published in such county or 
 city, once each week for three consecutive weeks, the last to be 
 made at least thirty days before the next general election. The 
 precincts thus established shall continue until changed. [C. 
 '73, 604.] 
 
 SEC. 1093. Election boards. Election boards shall con- 
 sist of three judges and two clerks. Not. more than two judges 
 and not more than one clerk shall belong to the same political 
 party or organization, if there be one or more electors qualified 
 and willing to act as such judge or clerk, and a member or 
 members of opposite parties. In cities and towns, the council- 
 men shall be judges of election ; but in case more than two 
 councilmen belonging to the same political party or organiza- 
 tion are residents of the same election precinct, the county 
 board of supervisors may designate which of them shall serve 
 as judges. In township precincts, the clerk of the township 
 shall be a clerk of election of the precinct in which he resides, 
 and the trustees of the township shall be judges of election, 
 except that, in townships not divided into election precincts, if 
 all the trustees be of the same political party, those two only 
 whose terms shall next expire shall be judges of such precinct. 
 The membership of such election board shall be made up or 
 completed by the board of supervisors from the parties which 
 cast the largest and next largest number of votes in said pre- 
 cinct at the last general election, or that one which is unrepre- 
 sented; but, in city and town elections, the powers given in this 
 chapter and duties herein made incumbent upon the board of 
 supervisors shall be performed by the council. If, at the open- 
 ing of the polls in any precinct, there shall be a vacancy in 
 the office of clerk or judge of election, the stame shall be 
 filled by the members of the board present, and from the politi- 
 cal party which is entitled to such vacant office under the pro- 
 visions of this chapter. The election board at any special 
 election shall be the same as at the last preceding general elec- 
 tion. In case of vacancies happening therein, the county 
 auditor may make the appointments to fill the same when the 
 board of supervisors is not in session. [26 G. A., ch. 68, 3; 
 O. '73, 606-8; R., 481-3; C. '51, 246-8.] [31 G. A., 
 ch. 42.] 
 
 SEC. 1094. Oath. Before opening the polls, each of the 
 udges and clerks shall take the following oath: "I. A. B., do 
 
 lemnly swear that I will impartially, and to the best of my 
 
ELECTIONS. 13 
 
 knowledge and ability, perform the duties of judge (or clerk) 
 of this election, and will studiously endeavor to prevent fraud, 
 deceit and abuse in conducting the same." [C. '73, 609; R., 
 484; C. '51, 249.] 
 
 These provisions are directory. A failure of the officers mentioned to 
 be sworn will not vitiate the election, and in a case in court involving the 
 validity of an election, the fact that the officers were sworn may be proved 
 aliunde. The return is not conclusive: Dishon v. Smith, 10-212. 
 
 SEC. 1095. How administered. Anyone of the judges 
 or clerks present may administer the oath to the others, and it 
 shall be entered in the poll books, subscribed by the person 
 taking it, and certified by the officer administering it. [C. '73, 
 610; R., 485; C. '51, 2cO]. 
 
 SEC. 1096. Polls open. At all elections the polls shall be 
 opened at eight o'clock in the forenoon, except in cities where 
 registration is required, when the polls shall be opened at seven 
 o'clock in the forenoon, or in each case as soon thereafter as 
 vacancies in the places of judges or clerks of election have been 
 filled. In all cases the polls shall be closed at seven o'clock in 
 the evening. [24 G. A., ch. 33, 32; C. '73, 611; R., 486; 
 C. '51, 251; 28 G. A., ch. 34, 1.] 
 
 SEC. 1097. Voting by ballot. In all elections regulated 
 by this chapter, the voting shall be by ballots printed and 
 distributed as hereinafter provided, except as may be otherwise 
 especially directed by law. [24 G. A., ch. 33, 1.] 
 
 SEC. 1098. Nomination by convention. Any convention 
 of delegates, and any primary, caucus or meeting of qualified 
 electors, representing a political party which, at the general 
 election next preceding, polled at least two per cent, of the 
 entire vote cast in the state, may, for the state, or any division 
 or municipality thereof for which the same is held, make one 
 nomination of a candidate for each office therein to be filled at 
 the election, and any such convention, primary, caucus or 
 meeting, representing a political party which, at the general 
 election next preceding, polled at least two per cent, of the 
 entire vote cast in any division or municipality of the state, 
 may, for such division or municipality, or for any political 
 subdivision thereof for which the same is held, make one such 
 nomination for each office therein to be filled at the election. 
 [Same, 4.] 
 
 SEC. 1099. Certificates. Certificates of nominations, 
 made as provided in the preceding section, shall, besides 
 contained the names of candidates, specify as to each: 
 
 1. The office to which he is nominated; 
 
 2. The party making such nomination, or political principal 
 which he represents, expressed in not more than five words; 
 
 3. His place of residence, with the street and number thereof, 
 if any. 
 
 Incase of electors for president and vice-president of the 
 United States, the names of the candidates for president and 
 vice-president may be added to the party or political name. 
 
14 ELECTIONS. 
 
 Every such certificate of nomination shall be signed by the 
 presiding officer and secretary of the convention, caucus or 
 meeting of qualified electors, or by the board of canvassers to 
 which the returns of such primary election are made, each of 
 whom shall add to his signature his place of residence, and 
 shall be sworn to by each signer thereof to be true to the best 
 of his knowledge and belief, and a certificate of the oath shall 
 be annexed to ihe certificate of nomination. The presiding officer 
 and secretary of each convention, primary, caucus or meeting 
 shall also certify, to the officer with whom the nomination cer- 
 tificates are filed, the names and addresses of each of the members 
 of the executive or central committee appointed or elected by or 
 representing it, and the provisions, if any, made by it for filling 
 vacancies in nominations; and this may be done in the nomi- 
 nation certificate, or by a separate certificate. [Same, 4, 6.] 
 SEC. 1100. Nominations by petition. Nominations for 
 candidates for state offices may also be made by nomination 
 paper or papers signed by not less than five hundred qualified 
 voters of the state; for county, district or other division, not 
 less than a county, by such paper or papers signed by not less than 
 twenty-five qualified voters, residents of such county, district 
 or division; and for township, city, town or ward, by such 
 paper or papers signed by not 1-ess than ten qualified voters, 
 residents of such township, city, town or ward; but the name 
 of a candidate placed upon the ballot by any other method 
 shall not be added by petition for the same office. Each elector 
 so petitioning shall add to his signature his place of business 
 and post-office address. [Same, 5 ] 
 
 Petitioners who have candidates placed on the ballot without a nominating 
 convention are not entitled to have their ticket headed by the name of the 
 party which they may claim to represent, when such party nominates a 
 ticket by convention. The appellation of a ticket is a matter to be deter- 
 mined by the officers making up the ballot: Lowery v. Dams, 70 N.W., 
 190. 
 
 SEC. 1101. Withdrawals. Any candidate named by 
 either of the methods authorized in this chapter may withdraw 
 his nomination by a written request, signed and acknowledged 
 by him before any officer empowered to take the acknowledg- 
 ment of deeds, and filed in the office of the secretary of state 
 fifteen days, or the proper auditor or clerk eight days, before the 
 day of election, and n@ name so withdrawn shall be printed upon 
 the ballot. In case of a special election to fill vacancies in office, 
 such withdrawal papers shall be filed with the secretary of state 
 seven days, and with the proper auditor or clerk four days, 
 before the day of such special election. [Same, 8.] 
 
 SEC. 1102. Vacancies filled. If a candidate declines a 
 nomination, or dies before election day, or should any certifi- 
 cate of nomination or nomination paper be held insufficient or 
 inoperative by the officer with whom it may be filed, or in case 
 any objection made to any certificate of nomination, nomina- 
 
ELECTIONS. 15 
 
 tion paper, or to the eligibility of any candidate therein named, 
 is sustained by the board appointed to determine such questions 
 as hereinafter provided, the vacancy or vacancies thus occa- 
 sioned may be filled by the convention, caucus, meeting or pri- 
 mary, or other making the original nominations, or in such a 
 manner as such convention, caucus, meeting or primary has 
 previously provided. If the time is insufficient for again holding 
 such convention, caucus, meeting or primary, or in case no such 
 previous provisions being made, such vacancy shall be filled by 
 the regularly elected or appointed executive or central com- 
 mittee of the particular division or district representing the 
 political party or persons holding such convention, primary, 
 meeting or caucus, and certified as hereinbefore provided. The 
 certificates of nominations made to supply such vacancies shall 
 state, in addition to the facts hereinbefore required, the name 
 of the original nominee, the date of his death or decimation of 
 nomination, or the fact that the former nomination has been 
 held insufficient or inoperative, and the measures taken in 
 accordance with the above requirements for filling a vacancy, 
 and shall be signed and sworn to by the presiding officer and 
 secretary of the convention, caucus, meeting or primary, or by 
 the chairman and secretary of the committee, as the case may be. 
 [Same, 9.] 
 
 SEC. 1103. Objections. All objections or other questions 
 arising in relation to certificates of nomination or nomination 
 papers shall be filed with the officer with whom the certificate of 
 nomination or nomination papers to which objection is made are 
 filed. Those with the secretary of state shall be filed not less 
 than twenty days, and those with other officers not less than 
 eight days, before the day of election, except that nominations 
 to fill vacancies occurring after said time, or in case of nomina- 
 tion made to be voted on at a special election, objections shall 
 be filed within three days after the filing of the certificate or 
 nomination papers. Objections filed with the secretary of state 
 shall be considered by the secretary and auditor of state and 
 attorney -general, and a majority decision shall be final; but if 
 the objection is to the certificate or nomination papers of one or 
 more of the above named officers, said officer or officers so 
 objected to shall not pass upon the same, but their places shall 
 be filled, respectively, by the treasurer of state, the governor, 
 and the superintendent of public instruction. Objections filed 
 with the county auditor shall be considered by the county auditor, 
 clerk of the district court and county attorney, and a majority 
 decision shall be final; but if the objection is to the certificate or 
 nomination papers of one or more of the above named county 
 officers, said officer or officers so objected to shall not pass upon 
 such objection, but their places shall be filled, respectively, by the 
 county treasurer, the sheriff and county superintendent. Objec- 
 tions filed with the city or town clerk shall be considered by the 
 mayor and clerk and one member of the council chosen by the 
 
16 ELECTIONS. 
 
 council by ballot, and a majority decision shall be final; but if 
 the objection is to the certificate or nomination papers of either 
 of said city or town officials, he shall not pass upon said objec- 
 tion, but his place shall be filled by a member of the council 
 against whom no such objection exists, chosen as above provided. 
 When any of the above objections are made, notice shall forth- 
 with be given to the candidate affected thereby, addressed to 
 his place of residence as given in the certificate or nomination 
 papers, stating that objections have been made to his certificate 
 or nomination papers, also stating the time and place such 
 objections will be considered. [Same, 10.] 
 
 SEC. 1104. Filing certificates and petitions. Certificates 
 of nomination and nomination papers of candidates for state, 
 congressional, judicial and legislative offices shall be filed with 
 the secretary of state, not more than sixty nor less than thirty 
 day s ; those for all other officers, except for cities and towns, 
 with the county auditors of the respective counties, not more 
 than sixty nor less than twenty days ; and for the offices in the 
 cities and towns, with the clerks thereof, not more than forty nor 
 less than ten days, before the day fixed by law for the holding 
 of the election. Such certificates and nomination papers thus 
 filed, and being apparently in conformity with law, shall be 
 regarded as valid, unless objection in writing thereto shall be 
 made, and, under proper regulations, shall be open to public 
 inspection, and preserved by the receiving officer for not less 
 than six months after the election is had. Any error found in 
 such papers may be corrected by the substitution of another, 
 executed as is required for an original nomination certificate or 
 paper. In case of special election to fill vacancies in office, 
 certificates of nomination or nomination papers, for nomination 
 of candidates for office to be filled by the electors of a larger 
 district than a county, may be filed with the secretary of state, 
 not later than ten days before the time of election. Certificates 
 of nomination or nomination papers, nominating candidates for 
 office to be filled by the electors of a county, may be filed with 
 the county auditor at any time not less than five days before the 
 election. [26 G. A., ch. 68, 1-2; 24 G. A., ch. 33, 4, 7, 
 8, 10.] 
 
 SEC. 1105. Nominations transmitted to county audi- 
 tor. Not less than fifteen days before the election, the secretary 
 of state must certify to the auditor of each county in which 
 any of the electors have the right to vote for any candidate or 
 candidates, the name and residence of each person nominated, 
 whether an original nomination or to fill a vacancy, to be voted 
 for at such election, and the order in which the tickets shall 
 appear on the ballot. Should a vacancy in the nominations 
 occur and be filled after this certificate has been forwarded, a 
 like certificate shall at once issue and be sent the proper officer. 
 In case of special election to fill vacancy in office, the certificate 
 by the secretary of state to the county auditor may be made at 
 
ELECTIONS. 
 
 17 
 
 any time not later than seven days before the election. [26 G. 
 A., ch. 68, 1, 2; 24 G. A , ch. 33, 11-13.] 
 
 SEC. 1106. Ballot form. The names of all candidates to 
 be voted for in each election precinct shall be printed on one 
 ballot, all nominations of any political party or group of peti- 
 tioners being placed under the party name or title of such party 
 or group, as designated by them in their certificates of nomi- 
 nation or petitions, or, if none be designated, then under some 
 suitable title, and the ballot shall contain no other names, except 
 that, in case of electors for president and vice-president of 
 the United States, the names of the candidates for president and 
 vice-president may be added to the party or political designa- 
 tion. Each list of candidates for the several parties and groups 
 of petitioners shall be placed in a separate column on the ballot, 
 in such order as the authorities charged with the printing of the 
 ballots shall decide, except as otherwise provided, and be called 
 a ticket. But the name of no candidate shall appear upon the 
 ballot in more than one place for the same office, whether nomi- 
 nated by convention, primary, caucus or petition except as 
 hereinafter provided Where two or more conventions, primaries 
 or caucuses, or any two of them, may nominate the same candi- 
 date for any office, the name of such candidate shall be printed 
 under the name of the party first filing nomination papers bear- 
 ing such name, unless the candidate himself shall, in writing 
 duly verified, request the officer with whom the nomination 
 papers are filed to cause the name to be printed upon some other 
 ticket provided, that in any judicial district of the state in which 
 the bar association, or a convention of attorneys of the district 
 nominates or recommends candidate or candidates for the office 
 of district judge, and such candidates are also nominated or 
 indorsed by any political party, in preparing the ballots for the 
 general election, the names of such candidate or candidates 
 shall be printed as candidate or candidates for each party by 
 whom they are nominated, whether by primary, convention or 
 petition. Each of the columns containing the list of candidates, 
 including the party name, shall be separated by a distinct line. 
 Said ballot shall be substantially in the following form: 
 
 REPUBLICAN 
 
 DEMOCRATIC. 
 
 PROHIBITION. 
 
 UNION LABOR. 
 
 For Governor, 
 
 For Governor, 
 
 For Governor, 
 
 For Governor, 
 
 
 A. .. .B,... 
 
 
 G ... H 
 
 
 M N .... 
 
 
 S T 
 
 
 of. . .County. 
 
 
 of. . .County. 
 
 
 of.. .County. 
 
 
 of. ...County. 
 
 bor Lieutenant 
 
 For Lieutenant 
 
 For Lieutenant 
 
 For Lieutenant 
 
 Governor, 
 
 Governor, 
 
 Governor, 
 
 Governor, 
 
 
 C D.... 
 
 I 
 
 I J 
 
 
 P 
 
 
 U V 
 
 
 
 of. . . County. 
 
 
 of. . .County. 
 
 
 of. . .County. 
 
 
 of.. .County. 
 
 For Judge of 
 
 For Judge of 
 
 For Judge of 
 
 For Judge of 
 
 Supreme Court, 
 
 Supreme Court, 
 
 Supreme Court, 
 
 Supreme Court, 
 
 
 E F 
 
 
 K L 
 
 
 Q R 
 
 
 W.... X 
 
 
 
 of. . .County. 
 
 
 of. . . County. 
 
 
 of County. 
 
 
 of. . . County. 
 
18 ELECTIONS. 
 
 When a constitutional amendment or other public measure is 
 to be voted upon by the electors, it shall be printed in full upon 
 a separate ballot, preceded by the words, ''Shall the following 
 amendment to the constitution (or public measure) be adopted?" 
 and upon the right hand margin, opposite these words, two 
 spaces shall be left, one for votes favoring such amendment or 
 public measure, and the other for votes opposing the same. In 
 one of these spaces the word "yes" or other word required by law 
 shall be printed; in the other, the word "no" or other word 
 required, and to the right of each space a square shall be printed 
 to receive the voting cross, all of which shall be substantially in 
 the following form : 
 
 "Shall the following amendment to the constitution (or public 
 measure) be adopted?" 
 
 | Yes. 
 
 (Here insert in full the proposed constitu- 
 tional amendment or public measure.) 
 
 No. 
 
 The elector shall designate his vote by a cross mark thus X 
 placed in the proper square. At the top of such ballots shall be 
 printed the following words, enclosed in brackets : [Notice to 
 voters. For an affirmative vote upon any question submitted 
 upon this ballot make a cross (x) mark in the square after the 
 word "Yes." For a negative vote make a similar mark in the 
 square following the word "No."] If more than one constitu- 
 tional amendment or public measure is to be voted upon, they 
 shall be printed upon the same ballot, one below the other, with 
 one inch space between each constitutional amendment or pub- 
 lic measure that is to be submitted. All of such ballots for the 
 same polling place shall be of the same size, similarly printed, 
 upon yellow colored paper. On the back of each such ballot 
 shall be printed appropriate words, showing that such ballot 
 relates to a constitutional or other question to be submitted to 
 the electors, so as to distinguish the said ballots from the 
 official ballot for candidates for office, and a/ac simile of the 
 signature of the auditor or other officer who has caused the 
 ballot to be printed. Such ballots shall be endorsed and given 
 to each voter by the judges of election, as provided in section 
 eleven hundred and sixteen (1116), and shall be subject to all 
 other laws governing ballots for candidates, so far as the same 
 shall be applicable. [24 G. A.,ch. 33, 14,16] [28 G. A., 
 oh. 35, 1.] [31 G. A., ch 43; ch. 44, 1.] 
 
 SE :. 1107. Printing. For all elections held under this 
 chapter, except those of cities or towns, the county auditor 
 shall have charge of the printing of ballots in his county, and 
 shall cause to be placed thereon the names of all candidates 
 which have been certified to him by the secretary of state, in 
 the order the same appear upon the certificate issued by the 
 
ELECTIONS. 
 
 secretary of state, together with those of all other candidates to 
 be voted for thereat, whose nominations have been made in con- 
 formity with law. If a township election precinct includes a 
 town or any part thereof, the names of nominees for township 
 assessors shall not be placed upon the official ballot for that 
 precinct. In city or town elections, the clerk shall have charge 
 of the printing of the ballots, and shall cause to be placed 
 thereon the names of all candidates to be voted for thereat, 
 whose nominations have been made as provided in this chapter; 
 and in either case such ballots shall be furnished the election 
 judges at the polling place in each precinct not less than twelve 
 hours before the opening of the polls on the morning of the 
 election. [24 G. A., ch. 33, 15.] 
 
 Where the auditor refused to furnish ballots containing the names of 
 persons! who it was claimed had been properly put in nomination to be 
 voted foi at a town election and the officers of the town thereupon caused 
 to be printed ballots containing such names which ballots were distributed 
 by the officers of election and used by the voters, held, that these ballots 
 were not such as were contemplated by law and that the election was 
 wholly inval'd, and that this must be the result whether the law in this 
 respect is to be deemed mandatory or only directory: State ex rel. v. Smith, 
 63N. W.,^53. [Now see \ 1122-J 
 
 SEC. 1108. Vacancies filled. The name supplied for a^ 
 vacancy by the certificate of the secretary of state, or by nom- 
 ination certificates or papers for a vacancy filed with the county 
 auditor, or city or town clerk, shall, if the ballots are not already 
 printed, be placed on the ballots in place of the name of the 
 original nominee, or, if the ballots have been printed, new bal- 
 lots, whenever practicable, shall be furnished. Whenever it 
 may not be practicable to have new ballots printed, the election 
 officers having charge of them shall place the name supplied 
 for the vacancy upon each ballot used before delivering it to 
 the judges of election. If said ballots have already been 
 delivered to the judges of election, said auditor or clerk shall 
 immediately furnish the name of such substituted nominee to 
 all judges of election within the territory in which said nominee 
 may be a candidate, and such election officer having charge of 
 the ballots shall place the name supplied f r the vacancy upon 
 each ballot issued before delivering it to the voter, by affixing a 
 paster, or by writing or stamping the name thereon. [Same, 
 11,12.] 
 
 SEC. 1109. Method of printing. The ballot shall be on> 
 plain white paper, through which the printing or writing cannot 
 be read. The party name or title shall be printed in capital 
 letters not less than one-fourth of an inch in heighth. The 
 names of candidates shall be printed in capital letters not less 
 than one -eighth nor more than one-fourth of an inch in height,., 
 and, at the beginning of each line in which the name of a candi- 
 date is printed, a square shall be printed, the sides of which- 
 shall not be less than one -fourth of an inch in length. On the 
 back or outside of the ballot, so as to appear when folded, shall 
 
20 ELECTIONS. 
 
 be printed the words "official ballot," followed by the designa- 
 tion of the polling place for which the ballot is prepared, the date 
 of the election, and a facsimile of the signature of the auditor or 
 other officer who has caused the ballot to be printed. [Same, 
 14.] [31 G. A., ch. 44, 2.] 
 
 SEC. 1110. Delivery of official ballots to judges. Bal- 
 lots shall be printed and in the possession of the officer charged 
 with their distribution at least two days before the election, and 
 subject to the inspection of candidates and their agents. If mis- 
 takes are discovered, they shall be corrected without delay, in. 
 the manner provided in this chapter. The officers charged with 
 the printing of the ballots shall cause to be delivered to the 
 judges of election seventy-five ballots, of the kind to be voted in 
 such precinct, for every fifty votes or fraction thereof cast there- 
 in at the last preceding election of state officers. Such ballots 
 shall be put up in separate sealed packages, with marks on the 
 outside, clearly designating the polling place for which they are 
 intended and the number of ballots inclosed, and receipt there- 
 for shall be given by the judge or judges of election to whom 
 they are delivered, which receipt shall be preserved by the 
 officer charged with the printing of the ballots. Any officer 
 charged with the printing and distribution of ballots shall pro- 
 vide and retain at his office an ample supply of ballots, in addi- 
 tion to those distributed to the several voting precincts, and if 
 at anytime the ballots furnished to any precinct shall be lost, 
 destroyed or exhausted before the polls are closed, on written 
 application, signed by a majority of the judges of such precinot, 
 or signed and sworn to by one of such judges, he shall immedi- 
 ately cause to be delivered to such judges, at the polling place, 
 such additional supply of ballots as may be required, and suf- 
 ficient to comply with the provisions of this chapter. For 
 general elections, the supply of ballots so retained shall only 
 equal the number provided for the precinct casting the largest 
 vote at the preceding general election, and shall include only 
 the portions of the various tickets to be voted for throughout 
 the entire county, with blank spaces in which the names of 
 candidates omitted may be written by the voter, and with blank 
 spaces in the indorsement upon the back of such ballots, in 
 which the name of the precinct shall be written by the judges of 
 election. [Same, 15 ] 
 
 SEC. 1111. Card of instructions. The officer whose duty 
 it is to have the ballots printed shall cause to be copied upon 
 cards in large, clear type, under the heading "Card of Instruc- 
 tions," the following matters for the guidance of the voters: 
 1. The manner of obtaining ballots; 
 2 The manner of marking ballots; 
 
 3. That unmarked or improperly marked ballots will not be 
 counted; 
 
 4. The method of gaining assistance in marking ballots; 
 
 5. That any erasures or identification marks, or otherwise 
 spoiling or defacing a ballot, will render it invalid; 
 
ELECTIONS. 21 
 
 6. Not to vote a spoiled or defaced ballot; 
 
 7. How to obtain a new ballot in place of a spoiled or defaced 
 one; 
 
 8. Upon the right of an employe to absent himself for two 
 hours for the purpose of voting, by application for leave so to do 
 made before the day of election, without deduction from his sal- 
 ary or wages; 
 
 9. Any other matters thought necessary. 
 
 Such instructions shall be prepared by the attorney-general 
 and delivered to the secretary of state, who shall cause copies of 
 the same to be furnished to the county auditor of each county. 
 New or amended instructions may be so prepared from time to 
 time, if thought necessary, and copies thereof furnished to the 
 county anditors, who shall furnish to the judges of election a 
 sufficient number of such cards of instruction as will enable them 
 to comply with the provisions of this chapter. [Same, 17.] 
 
 SEC. 1113. Cards posted publication of ballot. The 
 judges of election shall cause at least one of each of such cards 
 to be posted in each voting booth or apartment provided for the 
 preparation of ballots, and not less than four, with an equal 
 number of sample ballots, in and about the polling place, upon 
 the day of election before the opening of the polls. The county 
 auditor shall cause to be published, prior to the day of election, 
 in two newspapers, if there be so many published in such county, 
 selecting, if possible, papers representing the political parties 
 which cast at the preceding general election the largest number 
 and the next largest number of votes, a list of all the nomina- 
 tions made, as herein provided, and to be voted for at such 
 election, as near as may be in the form in which they shall 
 appear upon the general ballot, but such publication shall not 
 include portions of the ballot relating to township, city or town 
 officers. [Same, 18 ] 
 
 SEC. 1113. Polling places voting booths. In townshisp 
 the trustees, and in cities and towns the mayor and clerk, shall 
 provide suitable places in which to hold all elections provided 
 for in this chapter, and see that the same are warmed, lighted, 
 and furnished with proper supplies and conveniences, including 
 a sufficient number or supply of booths, shelves, pens, penholders, 
 ink, blotters and pencils to enable the voter to prepare his ballot 
 for voting, screened from all observation as to the manner in 
 which he does so. A guard rail shall be so constructed and 
 placed that only such persons as are inside such rail can 
 approach within six feet of the ballot box, or of the booths. The 
 voting booths shall be so arranged that they can only be reached 
 by passing within said guard rail, and so that they shall be in 
 plain view of the election officers and both booths and ballot 
 boxes shall be in plain view of persons outside of the guard 
 rail. Each booth shall be at least three feet square, and have 
 three sides inclosed, the side in front to open and shut by a door 
 swinging outward, or closed with a curtain. Each side of the 
 
22 ELECTIONS. 
 
 booth shall be seven feet high, and the door or curtain shall 
 extend to within two feet of the floor, and shall be closed while 
 the voter is preparing his ballot. Each booth shall contain a 
 shelf at least one foot wide, at a convenient height for writing, 
 and shall be well lighted. The booths and compartments shall 
 be so built and arranged, if possible, as to be permanent, so that 
 after the election they may be taken down and deposited with 
 the township, city or town clerk, as the case may be, for safe 
 keeping and for future use. The number of voting booths shall 
 not be less than one to every sixty voters or fraction thereof 
 who voted at the last preceding election in the precinct. In 
 precincts outside of cities and towns the election shall, if practi- 
 cable, be held in the public school building, for the use of which 
 there shall be no charge, but all damage to the building or 
 furniture shall be paid by the county. [Same, 20.] 
 
 SEC. 1114. Ballot furnished 'to voter. The judges of 
 election of their respective precincts shall have charge of the 
 ballots and furnish them to the voters. Any person desiring to 
 vote shall give his name, and, if required, his residence, to such 
 judges, one of whom shall thereupon announce the same in a 
 loud and distinct tone of voice, clear and audible. In precincts 
 where registration is required, if such name is found on the reg- 
 ister of voters by the officer having charge thereof, he shall 
 likewise repeat such name in the same manner; if the name of 
 the person desiring to vote is not found on the register of voters, 
 his ballot shall not be received until he shall have complied with 
 the law prescribing the manner and conditions of voting by 
 unregistered voters. [Same, 19.] 
 
 SEC. 1115. Challenges. Any person offering to vote 
 may be challenged as unqualified by any judge or elector; and 
 it is the duty of each of the judges to challenge any person 
 offering to vote whom he knows or suspects not to be duly 
 qualified; and he shall not receive a ballot from a voter who is 
 challenged, until such voter shall have established his right to 
 vote. When any person is so challenged, the judges shall 
 explain to him the qualifications of an elector, and may examine 
 him under oath touching his qualifications as a voter. In all 
 precincts where registration is not required, and in other 
 precincts where the name of such voter is entered upon the 
 registration lists, if the person challenged insists that he is 
 qualified, and the challenge is not withdrawn, one of the judges 
 shall tender to him the following oath: u You do solemnly 
 swear that you are a citizen of the United States, that you are 
 a resident in good faith of this precinct, that you are twenty- 
 one years of age as you verily believe, that you have been a 
 resident of this county sixty days, and of this state six months 
 next preceding this election, and that you have not voted at 
 this election," and if he takes such oath, his vote shall be 
 received. [Same, 21; C. '73, 619, 620; R., 493-4; C. 
 '51, 25^-9.] 
 
ELECTIONS. 23 
 
 SEC, 1 1 16. Method of voting. Any voter entitled to receive 
 a ballot under the provisions of this chapter shall be allowed to 
 enter the space enclosed by the guard rail. One of the judges 
 shall give him one, and only one, ballot, on the back of which 
 such judge shall indorse his initials, in such manner that they 
 may be seen when the ballot is properly folded, and the voter's 
 name shall immediately be checked on the registry list. The 
 name of each person, when a ballot is delivered to him, shall 
 be entered by each of the clerks of election in the poll- book 
 kept by him, in the place provided therefor. [24 G. A. v ch. 33, 
 21; C. '73, 621; R., 495; C. '51, 260.] 
 
 SEC 1117. Depositing ballot. On receipt of the ballot, 
 the voter shall, without leaving the enclosed space, retire alone 
 to one of the voting booths, and without delay mark his ballot, 
 and, before leaving the voting booth, shall fold the same in 
 such manner as to conceal the marks thereon, and deliver the 
 same to one of the judges of election, but the number of the 
 voter on the poll-books or registry lists shall not be indorsed on 
 the back of his ballot. One of the judges of election shall 
 thereupon, in the presence of the voter, deposit such ballot in 
 the ballot box, but no ballot without the official indorsement 
 shall be allowed to be deposited therein. The voter shall quit 
 said inclosed space as soon as he has voted. Any voter who, 
 after receiving an official ballot, decides not to vote, shall, before 
 retiring from within the guard rail, surrender to the election 
 officers the official ballot which has been given him, and such 
 fact shall be noted on each of the poll lists. A refusal to sur- 
 render such ballot shall subject the person so offending to 
 immediate arrest and the penalties provided in this chapter. 
 No voter shall vote or offer to vote any ballot except such as he 
 has received from the judges of election in charge of the ballots. 
 No person shall take or remove any ballot from the polling 
 place before the close of the poll. No voter shall be allowed to 
 occupy a voting booth already occupied by another, nor remain 
 within said inclosed space more than ten minutes, nor to occupy 
 a voting booth more than five minutes, in case all of said voting 
 booths are in use and other voters waiting to occupy the same, 
 nor to again enter the inclosed space after having voted; nor 
 shall more than two voters in excess of the whole number of 
 voting booths provided be allowed at any one time in such 
 inclosed space, except by the authority of the election officers 
 to keep order and enforce the law. [24 G. A. , ch. 33, 20-2, 
 25; C. '73, 617; R., 492; G. '51, 257.] 
 
 A ballot not bearing endorsement of the judge should not be counted: 
 Kelso v. Wright, 110-560. 
 
 SEC. 1118. Assistance to vote. Any voter who may 
 declare upon oath that he cannot read the English language, or 
 that, by reason of any physical disability, he is unable to mark 
 his ballot, shall, upon request, be assisted in marking the same 
 by two of the election officers of different political parties, to be 
 
24 ELECTIONS. 
 
 selected from the judges and clerks of the precinct in which 
 they are to act, to be designated by the judges of election of 
 each precinct at the opening of the polls. Such officers shall 
 mark the ballot as directed by the voter, and shall thereafter 
 give no information regarding the same The clerks of election 
 shall enter upon the poll lists, after the name of any elector who 
 received such assistance in marking his ballot, a memorandum 
 of the fact. Intoxication shall not be regarded as a physical 
 disability, and no intoxicated person shall be entitled to assist- 
 ance in marking his ballot. [24 G. A., ch. 33, 23.] 
 
 SEC. 1119. Marking the ballot. Upon retiring to the 
 voting booth, the voter shall prepare his ballot by placing a 
 cross in the square opposite the name of each candidate for 
 whom he desires to vote. The voter may also insert in writing, 
 in the proper place, the name of any person for whom he desires 
 to vote, making across opposite thereto. The writing of such 
 name without making a cross opposite thereto, or the making a 
 cross opposite such blank without writing a name therein, shall 
 not affect the validity of his vote. [24 G. A., ch. 33, 22.] 
 [28 G. A., ch. 36, 1.] [31 G- A., ch. 44, 3.] 
 
 The ballot is not to be counted in favor of one whose name is written 
 thereon unless the written name is preceded by a cross i^ the circle before 
 it. This was a case where no ticket was designated by a cross in the circle. 
 State v. Hagen,\-S\Q. 
 
 Under prior provisions, held, that where a ticket was selected by a cross 
 in the circle at the head of it the voter was not authorized to designate 
 individual candidates on that ticket by crosses in the squares where two or 
 more candidates were to be elected to the same office and that it was not 
 practicable in such case to vote for on candidate for such < ffice on another 
 ticket, and have the vote counted for another candidate for that office on 
 the ticket marked with a cross in the circle The difficulty in such case 
 was that it was impossible to determine who were the opposing candidates 
 on the two tickets, and the ballot could be counted only in favor of the 
 candidate on the opposing ticket whose name was ind'cated by a cross: 
 Ibid: Whtttam v Zahorik, 91-23. [But there is now no pr< vision for vot- 
 ing for a candidate on another ticket when one ticket is marked with a cross 
 in the circle.] 
 
 It is only by the form of marking designated by the statute 'hat the 
 intention of the voter can be ascertained and under these statutory provisions 
 the general rule that the ballot w 11 be counted in Accordance wi'h the 
 apparent intention of the voter is not aprlicable: Whitt&m v. Zahorik, 
 91-23 
 
 As to the effect to be given to the discoverable intention of the voter 
 under prior statutes, see Wtmmer v . Eaton, 72-374; Brown v. McCollum, 
 76479. 
 
 The law does not recognize the writing of the name of a candidate on the 
 ballot, except bv inserting it in the ballot in the proper place with a cross 
 in the square opposite the name as written. Voorhees v Arnold 108-77. 
 
 SEC. 1120. How counted. Ballots marked as provided 
 in the preceding section shall be counted for the candidates 
 designated by the marks in the squares. When only one can- 
 didate for any office is to be elected, if the voter marks in 
 squares opposite the names of more than one candidate there- 
 for, such vote shall not be counted for such office. When two 
 or more officers of the same kind are to be elected, if more 
 
ELECTIONS. 25 
 
 squares opposite the names of candidates for such office are 
 marked than there are officers to be elected to such office, the 
 ballot shall not be counted for any such candidates, 'f for any 
 reason it is impossible to determine the voter's choice for any 
 office to be filled, his ballot shall nut be counted for such office. 
 Any ballot marked by the voter in any other manner than as 
 authorized in this chapter, and so that such mark may be used 
 for the purpose of identifying such ballot, shall be rejected. 
 [24 G. A., ch. 33, 22, 27.] [31 G. A., ch. 44, 4.] 
 
 Under provisions not now preserved as to the effect of identification 
 marks, see Whittam v. Zahorik, 91-23; Cook v. Fisher, 69 N. W., 264. 
 
 The law by implication prohibits any person, including the voter, from 
 so marking the ballot that the mark may be used for the purpose of identi- 
 fication, and a ballot so marked should be rejected. The unauthorized 
 marks, to be objectionable as identification marks, must be deliberately 
 made., and not merely accidently, or as the result of inexperience. Whether 
 the marks in particular cases are identification marks is for the jury. The 
 question is whether there has been a deliberate departure in the marking, 
 and in a way that might enable the marks to be used to identify the ballot. 
 Voorhees v. Arnold, 108-77. 
 
 What constitutes an identifying mark upon a ballot is generally a ques- 
 tion of fact for the trial court, and its finding, or the finding of a jury, if 
 the case is submitted to a jury, is conclusive upon appeal. The unneces- 
 sary marking of a cross in the square below the marked circle does not 
 affect the validity of the ballot. Kelso v. Wright, 110-560. 
 
 The amendment of this section, made by 28, G. A., ch. 36, held not 
 applicable in a case tued and appealed before the amendment went into 
 effect. Morrison v Peppcrmann, 112-471. 
 
 Where a ballot had crosses in squares opposite all the names on the 
 republican ticket, except that of the candidate for township trustee, and as 
 to that office had a cross on another ticket in front of a blank space, held 
 that it was properly rejected. Ibid. 
 
 This section makes the cross in the circle effective as a vote for all names 
 printed upon the ticket below it, and if as in front of the name of the can- 
 didate to any office there is a blank in such ticket, then a cross on another 
 ticket for such office will authorize the counting of the ballot for the candi- 
 date thus designated. Spurrier v McLennan, 88, N. W., 1062. 
 
 Whether unnecessary crosses in places where no provision for marking 
 with a cross is made, as for instance in front of the names of the candidates 
 for president and vice-president, constitute indentifying marks such as to 
 vitiate the ballot is a question of fact for the trial court. Ibid. 
 
 Where there is a cross in the circle marked at the head of one ticket, the 
 marking of a cress in the square before the name on another ticket has no 
 effect other than -to nullify the vote for the officer thus doubly voted for. 
 This rule is in nowise altered by the marking of the squares below the 
 marked circle. Ibid. 
 
 SEC. 1121. Voting mark spoiled ballots. The voting 
 mark shall be a cross in the square, opposite to the name of the 
 candidate for whom the voter desires to vote. Any voter who 
 shall spoil his ballot may, on returning the same to the judges, 
 receive another in place thereof, but no voter shall receive more 
 than three ballots, including the one first delivered to him. 
 None but ballots provided in accordance with the provisions of 
 this chapter shall be counted. [Same, 22, 25.] [31 G. A., 
 ch. 44, 5.] 
 
26 ELECTIONS. 
 
 SEC. 1 122. Defects in printed ballot. No ballot properly 
 marked by the voter shall be rejected because of any discrep- 
 ancy between the printed ballot and the nomination paper or cer- 
 tificate of nomination, and it shall be counted for the candidate 
 or candidates for such offices named in the nomination paper or 
 certificate of nomination. No ballot furnished by the proper 
 officer shall be rejected for any error in stamping or writing the 
 indorsements thereon by the officials charged with such duties, 
 nor because of any error on the part of the officer charged with 
 such duty in delivering the wrong ballots at any precinct or 
 polling place, but any ballot delivered by the proper official to 
 any voter shall, if properly marked by the voter, be counted as 
 cast for all candidates for whom the voter had the right to vote, 
 and for whom he has voted. 
 
 The act of the judges in correcting the name of the candidate on the 
 official ballots properly furnished to them, held not to render the ballots 
 void. Cook v Fishzr, 69 N. W., 264. 
 
 The ballot law is mandatory in the sense that it requires in the prepara- 
 tion of the official ballot strict compliance with all its provisions, but not in 
 the sense that the voter's right to exercise the elective franchise will be lost 
 because of some technical mistake in printing the names of candidates 
 ' upon the ballot: Ibid. 
 
 While none but official ballots are to be used or counted, there is no 
 affirmative declaration that the correction of official ballots will render them 
 void: Ibid. 
 
 The election law was enacted to aid the elector in expressing his free 
 choice and not by technical obstructions to make the right of voting diffi- 
 cult aad insecure. When the elector receives a ballot from the proper 
 officials he may rely upon it as genuine and, when properly marked by him, 
 have it counted for all candidates for whom he had the right to vote and did 
 vote. There is a distinction between errors of officers which would have 
 the eff act to deprive voters of the franchise and a disregard of the law by 
 the electors themselves. State v. Bernholtz, 106-157. 
 
 SEC. 1123. Employes. Any person entitled to vote* 1 at a 
 general election shall, on the day of such election, be entitled to 
 absent himself from any services in which he is then employed 
 for a period of two hours, between the time of opening and 
 closing the polls, which period may be designated by the 
 employer, and such voter shall not be liable to any penalty, nor 
 shall any deduction be made from his usual salary or wages, on 
 account of such absence, but application for such absence shall 
 be made prior to the day of election. Any employer who shall 
 refuse to an employe the privilege, conferred by this section, or 
 shall subject such employe to a penalty or reduction of wages 
 because of the exercise of such privilege, or shall in any manner 
 attempt to influence or control such employe as to how he shall 
 vote, by offering any reward, or threatening discharge from 
 employment, or otherwise intimidating or attempting to intimid- 
 ate such employe from exercising his right to vote, shall be 
 punished by a fine of not less than five nor more than one hun- 
 dred dollars. [24 G. A., ch. 33, 24.] 
 
 SEC. 1124. Persons at polling place. No persons shall, 
 during the receiving and counting of the ballots at any polling 
 place, loiter, or congregate, or do any electioneering or soliciting 
 
ELECTIONS. 27 
 
 of votes, within one hundred feet of any outside door of any 
 building affording access to any room where the polls are held, 
 or of any outside door of any building affording access to any 
 hallway, corridor, or stairway, or other means of reaching such 
 room, nor shall any person interrupt, hinder or oppose any 
 voter while approaching or leaving the polling place for the 
 purpose of voting; but any person who is by law authorized to 
 perform or is charged with the performance of official duties at 
 the election, and any number of persons, not exceeding three 
 from each political party having candidates to be voted for at 
 such election, to act as challenging committees, who are 
 appointed and accredited by the executive or central committee 
 of such political party or organization, respectively, or of persons 
 not exceeding three from each of such political parties, 
 appointed and accredited in the same manner as above 
 prescribed for challenging committees, to witness the counting 
 of ballots, may be present at the polling place. [Same, 26; 
 22 G. A., ch. 48, 9; 21 G. A., ch. 161, 13.] 
 
 SEC. 1125. Special policemen. The city council shall 
 detail and employ, on the nomination of the principal committee 
 of each political party recognized as the two leading parties, 
 from citizens, or the police force of the city, from two to four 
 special policemen for each precinct, and fully empower them for 
 the special occasion of each election, who shall be men of good 
 character and reputation, in equal numbers from each of the 
 leading political parties, to prevent the violation of any of the 
 terms, provisions or requirements of this chapter, or of any 
 other command made in pursuance of any provisions hereof, 
 and no other peace officer than those above named shall exercise 
 his authority for preserving order at or within one hundred feet 
 of such voting places, unless called in by an emergency. If no 
 policeman be in attendance, the judges of election may appoint 
 one or more specially, by writing, who shall have all the powers 
 of such special policeman. [22 G. A., ch. 48, 9; 21 G. A., ch., 
 161, 13.] 
 
 SEC. 1126. Constables. Except in voting precincts within 
 any city, any constable of the township, who may be designated 
 by the judges of election, shall attend at the place of election; 
 if none attend, the judges of the election may, in writing, 
 specially appoint one or more, who shall have all the powers 
 of a regular constable. [C. '73. 612; R., 487; C. '51, 252.] 
 
 SEC 1127. Preserving order. All special policemen and 
 constables are authorized and required to preserve order and 
 peace at all places of election, and such special policemen, 
 constables, and all other persons are authorized and required 
 to obey the lawful orders and commands of said judges of 
 election given to prevent violations of this chapter. [22 G. 
 A., ch. 48, 9; 21 G. A., ch. 161, 13; C. '73, 612; R, 
 487; C. '51, 252.] 
 
 SEC. 1 128. Arrest of disorderly persons. If any person 
 conducts himself in a noisy, riotous, tumultuous or disorderly 
 
^0 ELECTIONS. 
 
 manner at or about the polls, so as to disturb the election, or 
 insults or abuses the judges or clerks of election, or commits a 
 breach of the peace, or violates any of the provisions of this chap- 
 ter, the judges or clerks of the election, or any of them, shall order 
 the arrest of any such person, and the constable or any special 
 policeman may forthwith arrest him and bring him before the 
 judges of election, and they, by a warrant under their hands, 
 may commit him to the jail of the county for a term not exceed- 
 ing twenty-four hours, but they shall permit him to vote. [22 
 G. A., ch. 48, 9; 21 G. A,, ch. 161, 13; C. '73, 613; R., 
 488; C. '51, 253.] 
 
 SEC. 1129. Expenses. The special policemen appointed 
 under the provisions of this chapter shall be entitled to receive 
 two dollars ($2) a day as compensation for their services, which 
 with the expense of providing booths, guard rails, and other 
 things required in this chapter shall be paid in the same man- 
 ner as other election expenses. The printing and distributing 
 of ballots and cards of instruction to the voters, described in this 
 chapter, for any general election, shall be at the expense of the 
 county, and shall be provided for in the same manner as other 
 county election expenses. The printing and distribution of bal- 
 lots for use in city elections shall be at the expense of the city 
 or town in which the election shall be held. [24 G. A., ch. 33, 
 2, 20.] [30 G. A., ch. 39, 1.] 
 
 SEC. 1 130. Ballot boxes. The board of supervisors shall 
 provide for each precinct in the county, for the purpose of elec- 
 tions, one box, with lock and key. When any township precinct 
 includes a town or a part thereof, together with territory out- 
 side the limits of such town, the township trustees shall prepare 
 a separate ballot box to receive the votes for township assessor, 
 which shall be on separate ballots, and only the ballots of per- 
 sons living outside of the limits of such town shall be placed in 
 said ballot box. The judges of election shall place each ballot in 
 its proper ballot box. The judges of election shall have the right 
 to administer an oath to any voter, and to examine him under 
 oath as to the assessor for whom such elector is entitled to vote. 
 [17 G. A., ch 71, 2, 3; C. '73, 614; R., 489; C. '51, 254; 
 29 G. A., ch. 53, 2.] 
 
 SEC. 1131. Voting by 'women. At all elections where 
 women may vote, no registration of women shall be required; 
 separate ballots shall be furnished for the question on which 
 they are entitled to vote; a separate ballot box shall be provided 
 in which all ballots cast by them shall be deposited, and a separ- 
 ate canvass thereof made by the judges of the election, and the 
 returns thereof shall show such vote. The right of any citizen 
 to vote at any city, town or school election, on the question of 
 issuing any bonds for municipal or school purposes, and for the 
 purpose of borrowing money, or on the question of increasing 
 the tax levy, shall not be denied or abridged on account of sex. 
 [25 G. A., ch. 39.] 
 
ELECTIONS. 29 
 
 SEC. 1 1 32. Registry and poll books. The county auditor 
 shall prepare and furnish to each precinct two poll-books, hav- 
 ing each of them a sufficient column for the names of the voters, 
 a column for the- number, and sufficient printed blank leaves to 
 contain the entries of the oaths, certificates and returns; and 
 also all books, blanks and materials necessary to carry out the 
 provisions of the chapter on registration of voters. [C. '73, 
 615; R., 490; C. '51, 255.] 
 
 It is not required that the poll lists show in what tQwn^n the county the 
 voter resides. Porter v. Butterfield, 89 W. 199 
 
 SEC. 1133. Penalty. Any person violating br attempting 
 to violate any provisions or requirements of this chapter, or 
 failing or refusing to comply with any order or command of an 
 election officer, made in pursuance of the provisions of this 
 chapter, shall be punished by a fine of not less than fifty, nor 
 more than two hundred dollars, or by imprisonment of not 
 less than twenty days, nor more than six months, in the county 
 jail. [22 G. A., ch 48, 9; 21 G. A., ch. 161, 13.] 
 
 SEC. 1134. Interference with voters. No person shall on 
 election day do any electioneering or solicit votes within any 
 polling place, or within one hundred feet therefrom, as defined 
 in this chapter, or interrupt, hinder or oppose any voter while 
 approaching the polling place for the purpose of voting; nor 
 shall any voter, except as provided by law, allow his ballot to be 
 seen by any person, or make a false statement as to his inabil- 
 ity to rmrk his ballot; nor shall any person interfere or attempt 
 to interfere with any voter when inside the inclosed space, or 
 when marking his ballot, or endeavor to enduce any voter, 
 before voting, to show how he marks or has marked his ballot; 
 nor shall any person mark, or cause in any manner to be marked, 
 ' on any ballot any character for the purpose of identifying such 
 ballot. Any violation of the provisions of this section shall be 
 punished by a fine of not less than five nor more than one 
 hundred dollars, or by imprisonment for not less than ten days 
 nor more than thirty days in the county jail, or by both fine and 
 imprisonment. [24 G. A., ch. 33, 26, 27.] 
 
 SEC. 1135. Defacing posted lists or cards. Any person 
 who shall, prior to any election, wilfully destroy or deface any 
 list of candidates posted in accordance with the provisions of 
 this chapter, or who, during an election, shall wilfully deface, 
 tear down, remove or destroy any (Sard of instruction or specimen 
 ballot printed and posted for the instruction of voters, or who 
 shall, during an election, wilfully remove or destroy any of the 
 supplies or conveniences furnished to enable voters to prepare 
 their ballots, or shall wilfully hinder the voting of others, shall 
 be punished by a fine of not less than ten nor more than one 
 hundred dollars, or imprisonment for not less than ten nor more 
 than thirty days, or by both fine and imprisonment. [ Same, 28. ] 
 
 SEC. 11 36. Forgery of papers or ballots. Any person who 
 shall falsely make, or wilfully destroy, any certificate of nomina- 
 tion or nomination papers, or any part thereof, or any letter of 
 
30 ELECTIONS VOTING MACHINES. 
 
 withdrawal, or file any certificate of nomination, or nomination, 
 papers, knowing the same or any part thereof to be falsely 
 made, or suppress any certificate of nomination, or nomination 
 papers, or any part thereof, which have been duly filed, or forge 
 or falsely make the official indorsement on any ballot, or substi- 
 tute therefor any spurious or counterfeit ballot, or make, use, 
 circulate, or cause to be made or circulated as an official ballot, 
 any paper printed in imitation or resemblance thereof, or wil- 
 fully destroy or^ deface any ballot, or wilfully delay the delivery 
 of any ballots, shall be punished by a fine of not less than one 
 hundred nor more than one thousand dollars, or by imprison- 
 ment in the penitentiary not less than one nor nure than five 
 years, or by both fine and imprisonment. [Same, 29.] 
 
 SEC. 1137. Official neglect or misconduct. Any public 
 officer upon whom a duty is imposed by this chapter, who shall 
 wilfuly neglect to perform such duty, or who shall wilfully 
 perform it in such a way as to hinder the object thereof, or shall 
 disclose to any one, except as may be ordered by any court of 
 justice, the contents of any ballot, as to the manner in which the 
 same may have been voted, shall be punished by a fine of not 
 less than five nor more than one thousand dollars, or by impris- 
 onment in the penitentiary for not less than one nor more than 
 five years, or by both fine and imprisonment. [Same, 30.] 
 
 CHAPTER 3-A. 
 
 OF ELECTIONS VOTING MACHINES. 
 
 SECTION 1 1 37 -a. Use of voting machines authorized.. 
 
 That at all state, county, city, town, and township elections, 
 hereafter held in the state of Iowa, ballots or votes may be cast, 
 registered, recorded, and counted by means of voting machines, 
 as hereinafter provided. [28 G. A., ch. 37, 1.] 
 
 SEC. 1 1 37-b. Board of supervisors to purchase, etc. 
 Hereafter the board of county supervisors of any county, or the 
 council of any incorporated city or town, in the state of Iowa 
 may, by a two- thirds vote, authorize, purchase, and order the 
 use of voting machines in any one or more voting precincts 
 within said county, city, or town, until otherwise ordered by 
 said board of county supervisors or city or town council. [28 
 G. A., ch 37, 2.] 
 
 SEC. 1 1 37-c. Commissioners term removal. Within 
 thirty days after this act goes into effect, the governor shall 
 appoint three commissioners and not more than two of whom 
 shall be from the same political party. The said commissioners 
 shall hold office for the term of five years, subject to removal 
 at the pleasure of the governor. [28 G. A., ch. 37, 3.] 
 
 SEC. 1 1 37-d. Examination of machine report of com- 
 missioners compensation. Any person or c rporation 
 owning or being interested in any voting machine may call. 
 
ELECTIONS VOTING MACHINES. 31 
 
 upon the said commissioners to examine the said machine, and 
 make report to the secretary of state upon the capacity of the 
 said machine to register the will of voters, its accuracy and 
 efficiency, and with respect to its mechanical perfections and 
 imperfections. Their report shall be filed in the office of the 
 secretary of state and shall state whether in their opinion the 
 kind of machine so examined can be safely used by such voters 
 at elections under the conditions prescribed in this act. If the 
 report states that the machine can be so used, it shall be deemed 
 approved by the commissioners, and machines of its kind may 
 be adopted for use at elections as herein provided. Any form 
 of voting machine not so approved cannot be used at any 
 election. Each commissioner is entitled to one hundred and 
 fifty dollars for his compensation and expenses in making such 
 examination and report, to be paid by the person or corpor- 
 ation applying for such examination. No commissioner shall 
 have any interest whatever in any machine reported upon. 
 Provided, that said commissioner shall not receive to exceed 
 fifteen hundred dollars and reasonable expenses in any one 
 year; and all sums collected for such examinations over and 
 above said maximum salaries and expenses shall be turned 
 into the state treasury. [28 G. A., ch. 37, 4 ] 
 
 SEC. 1 1 37-e. Provisions as to construction ot machine 
 approved. A voting machine approved by the state board of 
 voting machine commissioners must be so constructed as to 
 provide facilities for voting for the candidates of at least seven 
 different parties or organizations, must permit a voter to vote 
 for any person for any office although not nominated as a can- 
 didate by any party or organization, and must permit voting in 
 absolute secrecy. It must also be so constructed as to prevent 
 voting for more than one person for the same office, except 
 where the voter is lawfully entitled to vote for more than one 
 person for that office ; and it must afford him an opportunity to 
 vote for any or all persons for that office as he is by law entitled 
 to vote for and no more, at the same time preventing his voting 
 for the same person twice. It may also be provided with one 
 ballot in each party column or row containing only the words 
 "presidential electors" preceded by the party name, and a vote 
 for such ballot shall operate as a vote for all the candidates of 
 such party for presidential electors. Such machine shall be so 
 constructed as to accurately account for every vote cast upon 
 it. [28 G. A., ch 37, 5.] 
 
 SEC. 1137-f. Experimental use. The board of super-' 
 visors of any county, the council of any city or town, may 
 provide for the experimental use at an election in one or more 
 districts, of a machine which it might lawfully adopt, without a 
 formal adoption thereof; and its use at such election shall be as 
 valid for all purposes as if it had been lawfully adopted. [28 G. 
 A., ch. 37, 6,] 
 
32 ELECTIONS VOTING MACHINES. 
 
 SEC. 1137-g. Duties of local authorities. The local 
 authorities adopting a voting machine shall, as soon as practi- 
 cal thereafter, provide for each polling place one or more voting 
 machines in complete working order, and shall thereafter keep 
 them in repair, and shall have the custody thereof and of the 
 furniture and equipment of the polling place when not in use at 
 an election. If it shall be impracticable to supply each and every 
 election district with a voting machine or voting machines at any 
 election following such adoption, as many may be supplied as it 
 is practicable to procure, and the same may be used in such 
 election district or districts within the county, city, or town as 
 the officers adopting the same may direct. [28 G. A., ch. 37 , 7.] 
 
 SEC 1 137 h. Bonds, certificates of indebtedness, etc. The 
 local authorities, on the adoption and purchase of a voting 
 machine, may provide for the payment therefor in such manner 
 as they may deem for the best interest of the locality, and may 
 for that purpose issue bonds, certificates of indebtedness, or 
 other obligations which shall be a charge on the county, city, 
 or town. Such bonds, certificates, or other obligations may be 
 issued with or without interest, payable at such time or times as 
 the authorities may determine, but shall not be issued or sold 
 at less than par. [28 G. A., ch. 37, 8.] 
 
 SEC, 11 37-i Ballots form. All ballots shall be printed 
 in black ink on clear, white material, of such size as will fit the 
 ballot frame, and in plain, clear type as the space will reason- 
 ably permit. The party name for each political party 
 represented on the machine shall be prefixed to the list of 
 candidates of such party. The order of the list of candidates of 
 the several parties or organizations shall be arranged as provided 
 in section eleven hundred and six (1106) of the code, except 
 that the lists may be arranged in horizontal rows or vertical 
 columns. [28 G. A., ch. 37. 9.] 
 
 SEC. 1137-j- Sample ballots. The officers or board 
 charged with the duty of providing ballots for any polling-place 
 shall provide therefor two sample ballots, which shall be ar- 
 ranged in the form of a diagram showing the entire front of the 
 voting machine as it will appear after the official ballots are ar- 
 ranged for voting on election day. Such sample ballots shall 
 be open to public inspection at such polling-place during the 
 day of election and the day next preceding electio'n day. [23 G. 
 A, ch. 37, 10.] 
 
 SEC. 1137-k. Two sets of ballots. Two sets of ballots 
 shall be provided for each polling-place for each election for use 
 in the voting machine. [28 G. A., ch. 37, 11.] 
 
 SEC 1137-1. Delivery of ballote. The ballots and sta- 
 tionery shall be delivered to the election board of each election 
 district before ten o'clock in the forenoon of the day next pre- 
 ceding the election. [28 G. A , ch. 37, 12.] 
 
 SEC. 1137-m. Duties of election officers independent 
 ballots. The judges of election and clerks of each district 
 shall m39t at the polling place therein, at least three-quarters 
 
ELECTIONS VOTING MACHINES. 33 
 
 of an hour before the time set for the opening of the polls at 
 each election, and shall proceed to arrange within the guard- 
 rail the furniture, stationery, and voting machines for the con- 
 duct of the election. The judges of election shall then and 
 there have the voting machine, ballots, and stationery required 
 to be delivered to them for such election; and, if it be an elec- 
 tion at which registered voters only can vote, the registry of 
 such electors required to be made and kept therefor. The 
 judges shall thereupon cause at least twoinstrucdon cards to be 
 posted conspicuously within the polling-place. If not pre- 
 viously done, they shall arrange, in their proper place on the 
 voting machine, the ballots containing the names of the offices 
 tj be filled at such election, and the names of the candidates 
 nominated therefor. If not previously done, the machine shall 
 be so arranged as to show that no vote has been cast, and the 
 same shall not be thereafter operated, except by electors in 
 voting. Before the polls are open for election, each judge 
 shall carefully examine every machine and see that no vote has 
 been cast, and the same shall be subject to inspection of the 
 election officers Ballots voted for any person, whose name 
 does nor appear on the machine as a nominated candidate for 
 office, are herein referred to as independent ballots. Where 
 two or more persons are to be elected tt> the same office, and the 
 machine requires that all independent ballots voted for that 
 office be deposited in a single receptacle or device, an elector 
 may vote in or by such receptacle or device for one or more 
 persons whose names do not appear upon the machine with or 
 without the names of one or more persons whose names do so 
 appear. With that exception, anH except for presidential elec- 
 tors, no independent ballot shall be voted for any person for 
 any office whose name appears on the machine as a nominated 
 candidate for that office; any independent ballot so voted shall 
 not be counted An independent ballot must be cast in its 
 appropriate place on the machine, or it shall be void and not 
 counted. [28 G. A., ch. 37, 13.] 
 
 SEC. I I 37-n. Voting machine in plain view guard-rail. 
 The exterior of the voting machine and every part of the poll- 
 ing-place shdll be in plain view of the election officers. The 
 voting machine shall be placed at least three feet from every 
 wall and partition of the polling-place, and at least three feet 
 from the guard-rail, and at least four feet from the clerk's 
 table. A guard-rail shall be constructed at least three feet 
 from the machine, with openings to admit electors to and from 
 the machine. [28 G. A., ch.37, 14. J 
 
 SEC. 11 37-o. Method of voting. After the openings of the 
 polls, the judges shall not allow any voter to pass within the 
 guard-rail until they ascertain that he is duly entitled to vote. 
 Only one voter at a time shall be permitted to pass within the 
 guard-rail to vote. The operating of the voting machine by 
 the elector while voting shall be secret and obscured from all 
 
34 ELECTIONS VOTING MACHINES. 
 
 other persons except as provided by this chapter in cases of 
 voting by assisted electors' No voter shall remain within the 
 voting machine booth longer than one minute, and if he shall 
 refuse to leave it after the lapse of one minute, he shall be 
 removed by the judges. [28 G. A , ch. 37, 15.] 
 
 SEC. 11 37 -p. Additional Instructions. In case any elec- 
 tor after entering the voting machine booth shall ask for fur- 
 ther instructions concerning the manner of voting, two judges 
 of opposite political parties shall give such instructions to him; 
 but no judge or other election officer or person assisting an 
 elector shall in any manner request, suggest, or seek to per- 
 suade or induce any such elector to vote any particular ticket, 
 or for any particular candidate, or for or against any particular 
 amendment, question, or proposition. After^ receiving such 
 instructions, such elector shall vote as in the case of an unas- 
 sisted voter. [28 G. A., ch. 37, 16.] 
 
 SEC. 1137-q. Injury to the machine. No voter, or other 
 person, shall deface or injure the voting machine or the ballot 
 thereon. It shall be the duty of the judges to enforce the pro- 
 visions of this section. During the entire period of an election, 
 at least one of their number designated by them from time to 
 time, shall be stationed beside the entrance to the booth and shall 
 see that it is properly closed after a voter has entered it to vote. 
 He shall also, at such intervals as he may deem proper or neces- 
 sary, examine the face of the machine to ascertain whether it 
 has been defaced, or injured, to detect the wrong-doer and to 
 repair any injury. [28 G. A., ch. 37, 17. J . 
 
 SEC. 1137-r. Canvass of vote. As soon as the polls of the 
 election are closed, the judges of the election thereat shall im- 
 mediately lock the voting machine against voting and open the 
 counting compartments in the presence of all persons who may 
 be lawfully within the polling-place, and proceed to canvass the 
 vote. [28 G. A., ch. 37, Is.] 
 
 SEC. 1137-s. Judges to lock machine. The judges of 
 election shall, as soon as the count is completed and fully ascer- 
 tained as in this act required, lock the machine against voting, 
 and it shall so remain for the period of thirty days. Whenever 
 independent ballots have been voted, the judges shall return all 
 of such ballots properly secured in a sealed package as prescribed 
 by section eleven hundred and forty-two (1142) of the code. 
 [28 G. A., oh. 37, 19.] 
 
 SEC. 1 1 37-t. Written statements of election. After the 
 total vote for each candidate has been ascertained, and before 
 leaving the room or voting place, the judges shall make and 
 sign written statements of election, as required by the election 
 laws now in force, except that such statements of the canvass 
 need not contain any ballots except the independent ballots as 
 herein provided. [28 G. A., ch. 37, 20.] 
 
 SEC. 1137-u. What statutes apply. All of the provisions 
 of the election law now in force and not inconsistent with the- 
 
CANVASS OF VOTES. 3 
 
 provisions of this act shall apply with full force to all counties, 
 cities, and towns adopting the use of voting machines. Nothing 
 in this act shall be construed as prohibiting the use of a separate 
 ballot for constitutional amendments and other public measures. 
 [28 G. A., ch. 37, 21] 
 
 [The above sections 1137-a to 1137-a inclusive are sections 1 to 21 
 inclusive of chapter 37 of the acts of the 28th G. A. By the title to said 
 act, it was made additional to chapter 3, title VI, of the code, and it is- 
 deemed best to insert them here in a chapter by themselves. Ed.] 
 
 CHAPTER 4. 
 OF THE CANVASS OF VOTES. 
 
 SECTION 11 38. By judges. When the poll is closed, the 
 judges of election shall forthwith, and without adjournment, 
 canvass the vote and ascertain the result of it, comparing the 
 poll lists and correcting errors therein. Each clerk shall keep a 
 tally list of the count. The canvass shall be public, and each 
 candidate shall receive credit for the number of votes counted 
 for him. The candidate receiving the highest number of votes, 
 if for an office in that precinct alone, shall be declared elected, 
 and judges shall issue certificates accordingly. [C. '73, 
 622-3, 626; R., 496-7, 501; C. '51, 261-2, 266.] 
 
 SEC. 1139. Defective ballots. If two or more marked 
 ballots are so folded together as to appear to be cast as one,, 
 the judges shall indorse thereon "rejected as double." Such 
 ballots shall not be counted, but shall be folded together and 
 kept as hereinafter directed. Every ballot not counted shall 
 be indorsed 'defective" on the back thereof. Every ballot, 
 objected to by a judge or challenger, but counted, shall be 
 indorsed on the back thereof "objected to," and there shall also 
 be indorsed thereon, and signed by the judges, a statement as 
 to how it was counted. All ballots indorsed as required by this 
 section shall be inclosed and securely sealed in an envelope, on 
 which the judges shall indorse "disputed ballots," with a state- 
 ment of the precinct in which, and date of the election at which, 
 they were cast, signed by the judges. [24 G. A., ch. 33, 25; 
 C. '73, 623; R. 497; C. '51 262.] 
 
 SEC. 1 140. Excess of ballots. If the ballots for any officer- 
 exceed the number of the voters in the poll lists, such fact shall 
 be certified, with the number of the excess, in the return, and if 
 the vote of the precinct where the error occurred would change 
 the result as to a county officer, if the person appearing to be 
 elected were deprived of so many votes, then the election shall 
 be set aside as to him in that precinct, and a new election 
 ordered therein ; but no person residing in another precinct at 
 the time of the general election shall be allowed to vote at such 
 special election. If the error occurs in relation to a township, 
 officer, the trustees may order a new election or not, in their 
 discretion. If the error be in relation to a district or state 
 
36 CANVASS OF VOTES. 
 
 officer, it, with the number of the excess, shall be certified to the 
 state canvassers, and if the error would affect the result, a new 
 vote shall be ordered in the precinct where the error happened, 
 and the canvass be suspended until such new vote is taken ar.d 
 returned. When there is a tie vote and such an excess, there 
 shall be a new election. [C. '73, 6^7; R., 498; C. '51, 263.] 
 
 The meaning of the word "error 5 ' as here used would be more accurately 
 ex ressed by the use of the word ''excess " The supervisors should not 
 order a new election for a county offio r unless it appears that there is an 
 excess of ballots as to that office: Rankin v. Pitkin, 50-313. 
 
 Evidence as to a mistake in a count of the ballots as to one candidate is 
 immitrriil upon the question as to whether there was a mistake in the count 
 as to another Candidas: Mclntosh v. Livingston, 41-219. 
 
 SEC. 1141. Return of ballots not voted. Ballots not 
 voted, or spoiled by voters while attempting to vote, shall be 
 returned by the judges of election to the officer or authorities 
 charged with their printiag and distribution, and a receipt taken 
 therefor, and they shall be preserved for six months. Such 
 officer shall keep a record of the number of ballots delivered 
 from each polling place, the name of the person to whom, and 
 the time when, delivered, and enter upon such record the num- 
 ber and character of the ballots returned, with the time when 
 and the person by whom they are returned. [24 G. A, ch,, 
 33, 25 ] 
 
 SEC. 1142. Proclamation of result preservation of 
 ballots. When the canvass is completed, the clerks shall an- 
 nounce to the judges the total number of votes received by each 
 candidate. One or more of their number shall then proclaim in 
 a loud voice the total number of votes received by each of t he 
 persons voted for, and the office for which he is designated, as 
 announced by said clerks, and the number of votes for, and the 
 number of votes against, any proposition which shall have been 
 submitted to a vote of the people. Immediately after making 
 such proclamation and before separating, the judges shall fold 
 in two folds, and string closely upon a single piece of flexible 
 -wire, all ballots which have been counted by them, except those 
 indorsed "rejected as double," ''defective," or "objected to," 
 runite the ends of such wire in a firm knot, seal the knot in such 
 .a manner that it cannot be untied without breaking the seal, 
 inclose the ballots so strong in an envelope, and securely seal 
 .such envelope. The judges shall at once return all the ballots 
 ,to the officer from whom they were received, who sha)l carefully 
 ^preserve them for six months. [Same, C. '73, 630.] 
 
 Wfiere the ballots are preserved as here required they are prima facie 
 admissible in evidence in a contest as to the result of the election, but the 
 opposite party may overcome this prima, facie showing by proof of the altera- 
 tion of me ballots after they were counted and it is not necessary that such 
 alteration be pleaded in the proceedings under the contest: Ferguson v. 
 Henrv, 64 N W., 292. 
 
 The poll books and registration lis^s prepared as provided bylaw furnish 
 the best evidence as to who cast ballots at the election. So held where the 
 question was as to the sufficiency of the petition of consent under the mulct 
 tax law. State v. Pressman, 103-449. 
 
CANVASS OF VOTES. 37 
 
 The law provides for the strictest vigilance in the care and preservation 
 of the ballots, and where it appears that these precautions have not been 
 observed and there has been opportunity to tamper with them they will not 
 be considered in an election contest for th purpose of overthrowing tne result 
 of the canvass by the proper officers. Davenport v Olertch, 104-194. 
 
 The duty of preserving the ballot- is not a negative one of not. -interfer- 
 ence, but a posiiive requirement to do wha.ever may be necessary in ordtr 
 to accomplish the purposes of the law in keeni g them inviolate. Ibid. 
 
 The ballot when properly authenticated afford the very best tvidence of 
 who has been chosen by the electors to an omce, but in order that the result 
 of the canvass shall be overturned by the evidence of such ballots ir must 
 appear that they have been preserved with that care which preclude* the 
 suspicion of having been tampered with and the opportun-ty ot alte'aton or 
 chauge, and in a particular case, held, that it appeared that there had been 
 such opportunity for tampering with the ballots that they should not be con- 
 sidered for the purpose of overturning the result as announced by the can- 
 vassing board. Ibid. 
 
 The ballots should be preserved in such way as not to afford a reasonable 
 possibility of their having been changed or tampered with by unauthorized 
 persons Mtntzerv. Davis, 109-528. 
 
 As the manner and mode c/f preservatinn of ballots has been enjoined by 
 statute, a j-ubstantial compliance theiewhh must be shown preliminary to 
 the introduction of the ball< ts iu evidence This preliminary proof, unle.^s 
 waived, is essential to the compe'ency f the ballots as evidence for any 
 purpose as against the official count, and no averment in the pleading is 
 required as a basis for an objection to their competency. DeLong v. 
 Brown, 113-370. 
 
 The question of the competency of the ballots as evidence is one of fact 
 to be determined by the trinl court Ib'd. 
 
 Where it appeared that ballots had been so kept that they might have 
 been tampered with, held that they were not admissible. Ibid. 
 
 SEC. 1143. Destruction of ballots. The parties to any 
 contested election shall have the right, in open session of the 
 court or tribunal trying the contest, and in the presence of the 
 officer having them in cus ody, to have the ballots opened, and 
 all errors of the judges in counting or refusing to count ballots 
 corrected by such court or tribunal. If at the expiration of six 
 months no contest is pending, the officer having the ballots in 
 custody, without opening the package in which they have been 
 inclosed, shall, in the presence of two electors to be designated 
 by the chairman of the board of supervisors, one each from the 
 two leading political par' ies or, in municipal elections, by the 
 mayor of the city or town in which they are kept, destroy the 
 same by burning. If a contest is pending, the ballots shall be 
 kept until the same is finally determined, and then so destroyed. 
 [24 G. A., ch. 33, 25.] 
 
 SEC. 1144. Return of board. A return shall be made in 
 each poll-book, giving, in words written at length, the whole 
 number of ballots cast for each officer, except those rejected, 
 the name of each person voted for, and the number of votes- 
 given to each person for each different office; which return 
 shall be signed by the judges, and be substantially as follows: 
 
 At an election at the house .in township, or 
 
 in precinct of township, in county, 
 
 state of Iowa, on the day of A. D there 
 
38 CANVASS OF VOTES 
 
 were ballots cast for the office of (governor), of which 
 
 A B had votes. 
 
 C D had votes. 
 
 (And in the same manner for any other officer.) 
 
 A true return. L M "] 
 
 N O V Judges of Election. 
 
 P Q J 
 
 Attest: R S 1 01 , , . 
 
 rp jj ^Clerks of Election. 
 
 19 G. A., ch/163, 14;" 6'. "73, 628, 631; R., 502, 537; 
 C. '51, 261, 303.] 
 
 It is not fatal to the certificate that it does not contain full particulars of 
 time and place. The caption and the certificate may be taken together: 
 Dishonv. Smith, 10-212. 
 
 While the canvassers cannot adjudicate upon the sufficiency of returns, 
 where the case comes into a court of justice the court or jury trying it may 
 :go behind the returns and even behind the ballot-box in some cases: Ibid. 
 
 SEC. 1145. Poll-books returned and preserved. One of 
 
 the poll- books containing such return, with the register of elec- 
 tion attached thereto, shall be delivered by one of the judges 
 of election, within two days, to the county auditor. In town- 
 ship precincts, the other of said poll-books, with the register of 
 election attached, shall be delivered by one of the judges of 
 election to the township clerk. In city precincts, the other of 
 said poll-books, with register of election attached, shall be 
 delivered by one of che judges of election to the city clerk. In 
 town elections, the other of said poll-books, with register of 
 election attached, shall be delivered by one of the judges of 
 election to the town clerk: In each case, the receiving officer 
 shall file said books, and the registry books and lists and other 
 papers pertaining to registration, in his office, and preserve the 
 same for eighteen months, or until the determination of any 
 contest then pending, after which they shall be destroyed. [22 
 O A., ch 48, 6; C. '73, 503, 629; R., 333, 503, 1131; 
 C. '51, 268.] 
 
 Previous to the time when the poll books are directed to be destroyed 
 they may be used by the board of supervisors in determining whether the 
 number of signers to a petition of consent for the sale of intoxicating liquors 
 is sufficient; Cameron v. Fellows, 10 >-534, 
 
 SEC, 1146. Canvass of returns from precincts. If there 
 are two or more precincts in any township, city or ward, the 
 trustees and clerk or the mayor and clerk, as the case may be, 
 shall, on the day after the election, meet and canvass the returns 
 from all precincts for votes cast for officers to be elected by 
 such township, city or ward. The returns shall be opened in 
 the presence of all the canvassers, and an abstract of votes 
 made and signed by them, and the result declared, and a certifi- 
 cate of election signed by them given the candidates elected. 
 If the mayor shall have been a candidate at such election, a 
 justice of the peace of the county, selected by the clerk, shall 
 act wiih him in making the canvass. [C. '73 502-3, 631; 
 R., 1131.] 
 
CANVASS OF VOTES. 39 
 
 The board of supervisors and not the township trustees have authority to 
 canvass the ballots for justice of the peace (see | 11 50): Lynch v. Vermazen, 
 1-76. 
 
 SEC. 1147. Township, city ancUtown officers notified. 
 
 Notice of the result of the election of the township, city and 
 town officers shall be given by the township, city or town clerk, 
 as the case may be, within five days thereafter, by posting, in 
 three public places in the township, town or city, notices con- 
 taining the names of persons declared elected, and requiring 
 each of them to appear before the proper officer and qualify 
 according to law. [C. '73, 633; R., 548; C. '51, 317.] 
 
 SEC. 1148. Returns from precincts secured. If the 
 returns from all the precincts are not made to the county 
 auditor by the third day after the election, on the fourth he 
 shall send messengers to obtain such of them as are wanting, 
 the expense of which shall be paid by the county. [C. '73, 
 34; R, 505; C. '51, 270.] 
 
 SEC. 1149. Canvass by board of supervisors. At their 
 meeting on the Monday after the general election, at twelve 
 o'clock, noon, the board of supervisors shall open and canvass 
 the returns, and make abstracts, stating, in words written at 
 length, the number of ballots cast in the county for each office, 
 the name of each person voted for, and the number of votes 
 given to each person for each different office. [19 G. A., ch. 
 163, 14; C., 73, 632, 662. R; 335, 506, 538-9; C. '51, 
 271, 304-5.] 
 
 Returns: The action of the board in canvassing returns is ministerial 
 rather than judicial. Nor is there any discretion to be exercised. The board 
 has no authority to judge of the validity of returns or of votes. Its duty is 
 to receive the returns and count thtm, provided they are sufficiently proved 
 to be such, although irregular. (So htld in regard to the canvass of votes 
 at special election as to the relocation of a county seat under 5 G. A. , ch. , 
 46): State ex relv. County Judge, 7 186; State v Bailey, 7-390. 
 
 The canvassers may reject improper returns, such as are not properly 
 signed, or have not been in the proper custody, or have been mutilated or 
 changed; and after they have declared the result they may, by mandamus, 
 be compelled to re-assemble and re-canvass the vote to correct a mistake in 
 improperly rejecting returns: Price v. Harned, 1-473; or in counting 
 improper returns: State ex rel v. County Judge ', 13-139 
 
 Where an officer was authorized to examine the returns of an election 
 for a county seat, and, on being satisfied that either place voted for had a 
 greater number of votes than the other, the record of such result was to be 
 made, held, that he had no authority to inquire into the legality of the votes 
 cast, but was bound by the returns as made to him: United States ex rel. v. 
 Commissioners, Mor , 31. 
 
 In a case involving the validity of votes cast at an election the court is 
 not precluded by the return, but may receive evidence as to the compliance 
 with the law on the part of the officers of election, and may therefore receive 
 evidence that the officers were duly sworn, although such fact does not appear 
 on the face of the return: Dishon v. Smith, 10-212. 
 
 Where two corresponding returns were made out by the judges of elec- 
 tion one of which was on its face informal and unauthenticated and the 
 other was formal and on its face duly authenticated, held, that the county 
 board of canvassers could not refuse to receive evidence aliunde to establish 
 the former, and yet receive such evidence to defeat the latter, but must 
 count the votes as returned: State v. Cavers, 22-343. 
 
40 CANVASS OF VOTES. 
 
 Mandamus is the proper remedy to compel the canvassers to declare 
 elected and certify to the election of the party receiving the highest number 
 of votes: Bradfieldv. Wart, 36-291. 
 
 A writ of mandamus will not issue to compel a canvassing board to re- 
 assemble and canvass the return of the votes for an office and declare the 
 candidate receiving a majority of the votes cast therefor to be elected, after 
 the expiration of the term for which he was elected: Potts v. Tuttle, 79-253. 
 
 Where the canvass of votes at an election was to be made by county judge 
 calling to his assistance two justices of p^ace, and an action by mandamus 
 was instituted to compel a recanvass, held, that such Mandamus properly 
 issued to the judge alone and not to the board as originally constituted: 
 State ex rel v. County Judge, 7 186 Rice v Smith, 9-570. 
 
 Where a writ of Mandamus was granted to compel a re-assembling of 
 the canvassing board of the county by the county judge for the purpose 
 of recanvassing the returns, held , that the primary writ should issue to such 
 county judge in his individual name, and that upon failure of the other 
 members of the board summoned by him, in pursuance of law, to constitute 
 such board and canvass such returns to comply with the writ, an alias writ 
 might be directed to such other members and a proper canvass compelled: 
 State ex rel v. Smith, 9 334. 
 
 The duties imposed upon the members of the board of supervisors in 
 relation to canvassing votes cast at elections may be eoforced by Mandamus 
 but an action of damages for their non-performai ce will not lie: Jayne v. 
 Drorbaugh, 63-711 
 
 The judges of election who have made defective leturns may correct such 
 returns so as to authorize the board of supervisors to canvass the same: 
 Rummfl v. Dealy , 1 2-503. 
 
 Injunction: Although mandamus may have issued to compel aboard of 
 canvassers to count and record the votes contained in certain returns, yet 
 an injunction restraining any action under the count as thus recorded will 
 not be be improper or ihconsistent with the ma* damus if it appears that the 
 votes which the board is directed to canvass should not be counted owing to 
 masters existing outside of the returns: Dishcn v . Smith 10-212. 
 
 Certificate: It is not fatal to the certificate that it does not contain full 
 particulars as to the time and place of the election. The caption and the 
 certificate may be taken together: Ibid. 
 
 Where it is required that a certificate of the election, at which a railroad 
 aid tax was voted, should be certified by the clerks of the election, held, 
 that a certificate signed by the judges and attested by the clerks was suffi- 
 cient: Casady v. Lowry. 49-523, 
 
 The tw-nty days for filing statement of contest as to the election of a 
 county offioer commences to run from the date wnen the b >ard ot super- 
 visors determined the result as here provided and not from the date of the 
 counting of t*e ballots by the judges of election: Clark v Tracy, 64 N. W , 
 290; Ferguson v Henrv . 64 N W. , 292. 
 
 SKC 1150. Abstracts. The abstract of the votes for each 
 of the following classes shall be made on a different sheet: 
 
 1. Presidential electors; 
 
 2. Governor and lieutenant-governor; 
 
 3. All state officers not otherwise provided for; 
 
 4. Representatives in congress; 
 
 5. Senators and representatives in the general assembly for 
 the county alone; 
 
 6. Senators and representatives in the general assembly by 
 districts comprising more than one county; 
 
 7. Judges of the district court; 
 
 8. County officers. [C. '73, 636, 662; R. f 507, 538-9; C 
 '51, 272,304-5] 
 
CANVASS OF VOTES. 41 
 
 SEC. 1151. For congressman, electors and state and 
 district officers. Abstracts of all the votes cast for congress- 
 men, presidential electors, state or judicial district officers, 
 shall be made in duplicate, and signed by the board of county 
 canvas&ers. one of which shall be forwarded to the secretary of 
 state, and the other filed by the county auditor. [C. '73, . 
 637, 662; R., 507, 538-9; C. '51, 272, 304-5.] 
 
 SEC. 1152. Declaration of election. Each abstract of 
 the votes for such officers as the county alone elects shall con- 
 tain a declaration of whom the canvassers determined to be 
 elected, except when two or more persons receive an equal and 
 the greatest number of votes. [C. ' 73, 639; R., 509; C. '51, 
 275.] 
 
 SEC. 1153. For senator or representative for district 
 When a senator or representative in the general assembly is 
 elected by a district composed of two or more counties, the 
 several boards of canvassers therein shall, after the canvass of 
 the vote, make and certify as many copies of the abstract of 
 the votes for such office as there are counties in such senatorial 
 or representative district, and one additional, and the auditor 
 in each county shall seal up, direct and transmit one copy to 
 the secretary of state, and one to the auditor of each other 
 county in the district, who shall file the same in tht ir respective 
 offices, and he shall preserve one in his office. [C. '73, 646.] 
 
 SEC. 1154. Returns filed. When the canvass is con- 
 cluded, the board shall deliver the original returns to the audi- 
 tor, who shall file the same, and record each of the abstracts 
 above mentioned in the election book. [C, '73, 640; R, 
 385,510; C. '51, 276.] 
 
 SEC. 1155. Certificate of election. When any person is 
 thus declared elected, there shall be delivered him a certificate 
 of election, under the official seal of the county, in substance 
 as follows: 
 
 STATE OP IOWA, \ 
 County. j 
 
 At an election holden in said county on the day of 
 
 A. D , A &., was elected to the 
 
 office of of the said county for the term of . . years 
 
 from the day of A. D (or if he was 
 
 elected to fill a vacancy, say for the residue of the term ending 
 
 on the day of , A. D ), and until his 
 
 successor is elected and qualified. 
 
 G .......D 
 
 President of Board of Canvassers. 
 
 Witness, E F , County Auditor (clerk). 
 
 which certificate shall be presumptive evidence of his election 
 and qualification. [C. '73, 641; R , 511, 514; C. '51, 277 ] 
 
 SEC. 1 1 56. Of senators and representatives. The certi- 
 ficate of election of senators and representatives shall be in 
 duplicate, and substantially in the form given, with such 
 changes only as are necessary, one of which shall be delivered 
 
42 CANVASS OF VOTES. 
 
 to the person entitled thereto, and the other forwarded to the 
 secretary of state. [C. '73, 642; R, 512,514; C. '51, 278.] 
 
 SEC. 1157. Abstracts forwarded to secretary of state. 
 Within ten days after the election, one of the abstracts of votes 
 for governor and lieutenant-governor shall be sealed up by the 
 auditor, indorsed, " Abstract of votes for governor and lieuten- 
 ant-governor from county (naming the county)," 
 
 and be by him forwarded to the speaker of the house of repre- 
 sentatives; those for presidential electors, representatives in 
 congress, and all other state and district officers, shall be separ- 
 ately sealed up, indorsed in like manner, with necessary 
 changes, and then all placed in one package and forwarded to 
 the secretary of state. Abstracts of votes cast at special 
 elections to fill vacancies in office shall be forwarded as soon as 
 canvassed. [C. '73, 645, 662; R , 517, 518, 538-9; C. '51, 
 283-4, 304-5.] 
 
 SEC. 1168. Returns procured from counties. If the 
 abstracts from any county are not received at the office of the 
 secretary of state within fifteen days after the day of election, 
 he shall send a messenger to the auditor of such county, who 
 shall furnish him with them, or, if they have been sent, with a 
 copy thereof, and he shall return them to the secretary without 
 delay. [C. '73, 649, 662; R., 519, 5^8-9; C. '51, 285, 
 304-5.] 
 
 SEC. 1159. Abstracts opened. The abstracts received by 
 the secretary of state shall be kept by him until the day fixed 
 for their opening, and shall then be opened only in the presence 
 of the state board of canvassers. [C. '73, 650; R., 520; 
 C, '51, 286 ] 
 
 SEC. 1160. State board of canvassers. The executive 
 council constitutes a board of canvassers for the state, but no 
 member thereof shall take part in canvassing the votes for any 
 office for which he himself is a candidate. [C. '73, 651; 
 R> 521; C. '51, 287] 
 
 SEC. 1161. Time of state canvass. On the twentieth day 
 after the day of election, the board of state canvassers shall 
 open and examine all of the returns If they are not received 
 from all the counties, it may adjourn, not exceeding twenty 
 days, for the purpose of obtaining them, and, when received, 
 shall proceed with the canvass. Returns of elections to fill 
 vacancies in office shall be canvassed as soon as received. 
 [C. '73, 652, 663; R., 522, 540; C. '51 288, 304. ] 
 
 SEC. 1162. Canvass by state board The board of state 
 canvassers shall open the abstracts for state senators and 
 representatives transmitted to the secretary of state, and can- 
 vass the votes therein returned, at the time and in the manner 
 of canvassing the state vote, or at such other time as they may 
 fix, at least twenty days prior to the time fixed by law for the 
 meeting of the next general assembly, and in case of a special 
 election, within five days after the receipt of such abstracts, 
 
CANVASS OF VOTES. 43 
 
 and shall immediately make out, certify, and transmit by mail 
 to the county auditor of each county in the district, to be by 
 him filed in his office, a copy of the abstract of such canvass 
 required in the next section, which shall be recorded by him in 
 the election book. [C. '73, 647 ] 
 
 Sic. 1163. Abstract of result. It shall make an abstract 
 stating, in words written at length, the number of ballots cast 
 for each office, the names of all the persons voted for, for what 
 office, the number of votes each received, and whom they declare 
 to be elected; which abstract shall be signed by the canvassers 
 in their official capacity and as state canvassers, and have the 
 seal of the state affixed. [19 G. A., ch. 163, 14; C. '73, 653, 
 663; R , 523. 540; C. '51, 289, 306.] 
 
 SEC. 1164. Record of canvass. The secretary of state 
 shall file the abstracts when received, and record the same in a 
 book to be kept by him for recording the result of state elec- 
 tions, to be known as the state election book. [C. '73, t54; 
 R. 524; C. '51, 290.] 
 
 SEC. 1165. Certificate of election . Each person declared 
 elected by the state board of canvassers shall receive a certifi- 
 cote thereof, signed by the governor, or, in his absence, by the 
 secretary of state, with the seal of state affixed, attested by the 
 other canvassers, to be in substance as follows: 
 STATE OF IOWA: 
 
 To A.... ...B , Greeting: It is hereby certified 
 
 that, at an election holden on the day of , 
 
 you were elected to the office of of said state, 
 
 for the term of,... years, from and after the day of 
 
 (or if to fill a vacancy, for the residue of the term, 
 
 ending on the . . . day of ). Given at the seat of 
 
 government this day of. .. 
 
 If the governor be absent, the certificate of the election of 
 the secretary of state shall be signed by the auditor. The cer- 
 tificate to members of the legislature shall describe, by the 
 number, the district from which the member is elected. [C. 
 '73, 655, 657; R., 524,527; C. '51, 290, 293.] 
 
 SEC. 1166. Representatives in congress. The certificate 
 of the election of a representative in congress shall be signed 
 by the governor, with the seal of the state affixed and be 
 countersigned by the secretary of state. [C. '73, 658; R., 
 528; C. '51, 291.] 
 
 SEC 1167. Certificates mailed. The secretary of state 
 shall deliver or mail certificates of election to the persons 
 declared elected. [C. '73 64, 656, 658; R., 526, 528; C. 
 "51, 291-2.] 
 
 SEC. 1168. Certificate to electors. The governor, at the 
 expiration of ten days from the completed canvass, shall issue 
 to each presidential elector declared elected a certificate of his 
 election, under his hand and the seal of state, the same, in 
 substance, as required in other cases, and shall notify him to 
 
44 PRESIDENTIAL ELECTORS. 
 
 attend at the seat of government at noon on the second Mon- 
 day in January following his election, reporting his attendance 
 to him. If there be a contest of the election, no certificate 
 shall issue until it is determined. [22 G. A., oh. 50; C. '73, 
 665; R., 542; C. '51, 308.] 
 
 SEC. 1169. Tie vote. If more than the requisite number of 
 persons, including presidential electors, are found to have an 
 equal and the highest number of votes, the election of one of 
 them shall be determined by lot. The name of each of such 
 candidates shall be written on separate pieces of paper, as 
 nearly uniform in size and material as possible, and placed in a 
 receptacle so that i he names cannot be seen. In the presence 
 of the board of canvassers, one of them shall publicly draw one 
 of such names, and such person shall be declared elected. The 
 result of such drawing shall be entered upon the abstract of 
 votes and duly recorded, and a certificate of election issued to 
 such person, as provided in this chapter [C. '73, 632, 643 4, 
 664; R., 515, 516, 541, 547; C. '51, 281-2, 307, 316.] 
 
 SEC. 1170. Canvass public result determined. All 
 canvasses of returns shall be public, and the persons having 
 the greatest number of votes shall be declared elected. [C. '73, 
 623, 638, 664; R., 497. 508, 541; C. '51, 262, 273, 307 ] 
 
 Sue. 1171. Special elections canvass and certificate. 
 In case a special election has been held, the board of county 
 canvassers shall meet at one o'clock in the afternoon of the sec- 
 ond day thereafter, and canvass the votes cast thereat. The 
 county auditor, as soon as the canvass is completed, shall trans- 
 mit to the secretary of state an abstract of the votes so can- 
 vassed, and the state board, within five days after receiving 
 such abstracts, shall canvass the returns. A certificate of elec- 
 tion shall be issued by the county or state board of canvassers, 
 as in other cases. All the provisions regulating elections, 
 obtaining returns, and canvass of votes at general elections, 
 except as to time, shall apply to special elections. [C. '73, 
 791-3; R., 673.] 
 
 SEC 11 72. Messengers for election returns. Messengers 
 sent for the returns of elections shall be paid from the state or 
 county treasury, as the case may be, ten cents a mile going and 
 returning, [C. '73, 3827; R., 529; C. '51 296.] 
 
 CHAPTER 5. 
 
 OF PRESIDENTIAL ELECTORS. 
 
 SECTION 11 73. Election of. At the general election in the 
 years of the presidential election, or at such other times as the 
 congress of the United States may direct, there shall be elected 
 by the electors of the state, one person from each congressional 
 district into which the state is divided, as elector of president 
 and vice-president, and two from the state at large, no one of 
 
OFFENSES AGAINST THE RIGHTS OF SUFFRAGE. 45 
 
 whom shall be a person holding the office of senator or repre- 
 sentative in congress, or any office of trust or profit under the 
 United States. Such election shall be conducted, and the can- 
 vass of the votes and the returns thereof made, in the same 
 manner as for state officers and representatives in congress. 
 [16 G. A., ch. 23; C. '73, 659, 660; R., 635-6; C. '51, 
 301-2. ] [28 G. A., ch.,38, 1.] 
 
 See U. S. Const., art. II, \ 1. 
 
 SEC. 1 1 74. Meeting certificate. The presidential elec- 
 tors shall meet in the capitol, at the seat of government, at 
 noon of the second Monday in January after their election, or 
 so soon thereafter as practicable. If, at the time of such meet- 
 ing, any elector for any cause is absent, those present shall at 
 once proceed to elect, from the citizens of the state, a substi- 
 tute elector or electors, and certify t.>e choice so made to the 
 governor, and he shall immediately cause the person or persons 
 so selected to be notified thereof. [: } 2 G. A., ch. 50; C. '73, 
 665-7; R., 542-4; C. '51, 308-10 ] 
 
 SEC. 1 175 . Certificate of Governor. When so met, the 
 said electors shall proceed, in the manner pointed out by law, 
 with the election and the governor shall duly certify the result 
 thereof, under the seal of the state, to the United States secre- 
 tary of state, and as required by act of congress relating to 
 such elections. [22 G. A., ch. 50; C. '73, 66S; R., 545; C. 
 '51, 311.] 
 
 SEC. 1176 Compensation. The electors shall each receive 
 a compensation of five dollars for every day's attendance, and 
 the same mileage as members of the general assembly. [C. 
 '73, 669; R., 546; C. '51 312.] 
 
 TITLE XXIV CHAPTER 8. 
 
 OF OFFENSES AGAINST THE RIGHTS OF SUFFRAGE. 
 
 SECTION 4914. Bribery of electors. Any person offering 
 or giving a bribe to any elector for the purpose of influencing 
 his vote at any election authorized by law, or any elector entitled 
 to vote at such election receiving such bribe, shall be fined not 
 exceeding five hundred dollars, or imprisoned in the county jail 
 not exceeding one year, or both, [C. '73, 3993; R , 43 3.] 
 
 It does not constitute bribery at an election to relocate a county seat for 
 persons interested in the location at a particular place to agree to give cer- 
 tain facilities for the convenience of the whole county, such as offering a 
 building for courts and officers, conveying real estate to the county, paying 
 money toward the erection of a bridge, subscribing toward a high school, 
 etc. Dishon v. Smith, 10-212; Hawes v Miller, 56-395 
 
 A promise by a candidate to pay into the punlic treasury, if elected, a 
 part or all of his compensation, is aa offer of a bribe to electors, and dis- 
 qualifies the person making it, if elected, for holding the office: Carrothers 
 v Russell, 53 346. 
 
 Giving or offering a bribe to an elector is a ground for contesting an 
 election: See % 1198 and note. 
 
46 OFFENSES AGAINST THE RIGHTS OF SUFFRAGE. 
 
 SEC. 4915. To refrain from voting to work for can- 
 didate. If any person shall make an agreement with another 
 to pay him any sum of money or other valuable thing in con- 
 sideration that such other person shall refrain from voting at 
 any election, or shall induce other qualified electors to refrain 
 from voting, or that such other person shall perform any service 
 or labor on any election day in the interest of any candidate for 
 any office who is to be voted for at such election, or in the 
 interest of any measure or political party, he shall be fined in 
 any sum not less than fifty nor more than three hundred dollars, 
 or be imprisoned in the county jail not exceeding ninety days. 
 [25 G. A., ch. 59, 1.] 
 
 SEC. 4916. Accepting. Any person who shall, in con- 
 sideration of any sum of money or other valuable thing, agree 
 to refrain from voting at any general or municipal election, or 
 to induce or attempt to induce others to do so, or agree to per- 
 form on election day any service in the interest of any candi- 
 date, party or measure in consideration of any money or other 
 valuable thing, or who shall accept any money or valuable thing 
 for such services performed in the interest of any candidate, 
 political party or measure, shall be punished as provided in the 
 preceding section. [Same, 2.] 
 
 SEC. 491 7. Contracts to convey voters. Nothing in the 
 two preceding sections shall be HO construed as to punish 
 individuals or committees of any political party from making 
 contracts in good faith for the conveyance of voters to and from 
 polling places and the payment of any reasonable compensation 
 for such service. [Same, 3.] 
 
 SEC. 4918. Voting more than once. If any elector un- 
 lawfully vote more than once at any election which may be held 
 by virtue of any law of this state, he shall be fined not exceed- 
 ing two hundred dollars, or be imprisoned in the county jail not 
 exceeding one year. [C. ,73, 3994; R., 4334; C. '61, 2692.] 
 
 SEC. 49 1 9. When not qualified. If any person, knowing 
 himself not to be qualified, vote at any election authorized by 
 law. he shall be fined not exceeding two hundred dollars, or be 
 imprisoned in the county jail not exceeding six months. [C. 
 '73, 3995; R., 4335; C. '51, 2693.] 
 
 In an indictment for this offense it is not necessary to show that the 
 election was held by the proper and legal officers, or to srate the manner in 
 which defendant was disqualified: State v Douglass, 7-413. 
 
 SECTION 4919-a. Illegal voting penalty. Whenever 
 any political party shall hold a primary election for the purpose 
 of nominating a candidate for any public office or for the 
 purpose of selecting delegates to any convention of such party, 
 it shall be unlawful for any person not a qualified elector, or 
 any qualified elector not at the time a member in good faith of 
 such political party, to vote at such primary election. Any 
 person violating the provisions of this section, and any person 
 knowingly procuring, aiding, or abetting such violation, shall: 
 
OFFENSES AGAINST THE RIGHTS OF SUFFRAGE. 4T 
 
 be deemed guilty of a misdemeanor, and upon conviction shall 
 be fined not to exceed one hundred dollars or be imprisoned in 
 the county jail not to exceed thirty days. [27 G. A., ch. Ill, 
 
 1.] 
 
 SEC. 4919-b. Prima facie evidence. It shall be- prima 
 facie evidence of the violation of the preceding section, for 
 any person who has participated in any primary election of 
 one political party, to vote at a primary election held by 
 another political party, to select candidates to be voted for 
 at the same election; or to select delegates to any conven- 
 tion of the party holding such primary election. [27 G. A,, 
 ch. Ill, 2.] * 
 
 S c. 4919-c. Authority to administer oaths. Any 
 judge of such primary election shall have power to administer 
 oaths to, and to examine under oath, any person offering to 
 vot: at such election, touching his qualifications to participate 
 in such primary election, and it shall be the duty of such judge 
 of election to so examine or cause to be examined any person 
 challenged as to his right to vote. Any person testifying 
 falsely as to any material matter, touching his qualifications 
 to participate in such primary election, shall be deemed guilty 
 of perjury and punished accordingly. [27 G. A., ch 111, 3.] 
 
 SEC. 4919-d. What excep ted. Nothing in this act shall 
 be construed to apply to conventions held under the caucus 
 system. \_21 G. A., ch. Ill, 4.] 
 
 SEC. 4920. Residence in county. If any person go or 
 come into any county of this state, and vote in such county, 
 not being a resident thereof, he shall be fined not exceeding 
 two hundred dollars, or be imprisoned in the county jail not 
 exceeding one year. [C. '73, 3996; R , 4336; C. '51, 2694.] 
 
 SE-J. 492 1. Residence in state. If any person wilfully 
 vote who has not been a residence of this state for six months 
 next preceding the election, or who, at the time of the election, 
 is not twenty-one years of age, or who is not a citizen of the 
 United States, or who is not qualified, by reason of other 
 disability, to vote at the place where and time when the vote is 
 to be given, he shall be fined in a sum not exceeding three 
 hundred dollars, or imprisoned in the county jail not exceeding 
 one year. [C. '73, 3997; R., 4337; C. '51, 1695.] 
 
 It is no defence under this section that defendant consulted others (not 
 persons learned in the law) as to his right to vote, and wa advised that 
 he was qualified. State v. She e ley < 15404. 
 
 Voting in a township other than that of the voter's residence is an 
 offense under this section, and it is not necessary to charge or prove that 
 a cusfcd voted for or against any one. The casting of a ballot being 
 proved, it would be presumed that it designated the name of some person . 
 for some office. State v, Minnick, 15 123. 
 
 SEC. 4922. Counseling to vote when not qualified. 
 
 If any person procure, aid, assist, counsel or advise another to 
 give his vote, knowing that such person is disqualified, he 
 shall be fined not exceeding five hundred nor less than fifty 
 
48 OFFENSES AGAINST THE RIGHTS OF SUFFRAGE. 
 
 dollars, and ba imprisoned in the county jail not exceeding one 
 year. |_C. '73, 3998; R., 4338; C. '51, 2696.] 
 
 SEC 4923. Deceiving voter as to ballot. If any judge 
 or clerk of election furnish an elector with a ticket or ballot, 
 informing him that it contains a name or names different from 
 those which are written or printed therein, with an intent to 
 induce him to vote contrary to his inclination, or fraudulently 
 or deceitfully change a ballot of any elector, by which such 
 elector is deprived of voting for such candidate or person as he 
 intended, he shall be imprisoned in the county jail not exceeding 
 two years, and be fined not exceeding one thousand dollars nor 
 less than one hundred dollars. [C. '73, 3999; R, 4339; C. 
 '5i, 2697.] 
 
 SEC. 4924. Preventing from voting by force or threats. 
 If any person unlawfully and by force, or threats of force, 
 prevent, or endeavor to prevent, an elector from giving his 
 vote at any public election, he shall be imprisoned in the county 
 jail not exceeding six months, and fined not more than two 
 hundred dollars. [C. '73, 4000; R., 4340; C., '51, 2b98.] 
 
 SEv,. 4925. Bribing clerks, judges, etc. If any person 
 give or offer a bribe to any judge, clerk or canvasser of any 
 election authorized by law. or any executive officer attending 
 the same, as a consideration for some act done or omitted to be 
 done contrary to his official duty in relation to such election he 
 shall be fined not exceeding seven hundred dollars, and impris- 
 oned in the county jail not exceeding one year. [C. '73, 4001 ; 
 R., 4341; C. '51, 2699.] 
 
 SEC. 49^6. Procuring vote by influence or threats. If 
 any person procure, or endeavor to procure, the vote of any 
 elector, or the influence of any person over other electors, at 
 any election, for himself, or for or against any candidate, by 
 means of violence, threats of violence, or threats of withdraw- 
 ing custom or dealing in business or trade, or enforcing the 
 payment of debts, or bringing any civil or criminal action, or 
 any other threat of injury to be inflicted by him or by his 
 means, he shall be fined not exceeding five hundred dollars, or 
 imprisoned in the county jail not more than one year. [C. '73, 
 4002; R , 4342; C. '51, 2700 ] 
 
 SEC. 4927. Judges or clerks making false entries, etc. 
 If any judge or clerk of any election authorized by law know- 
 ingly make or consent to any false entry on the list of 
 voters of poll-books; or put into the ballot box, or permit to be so 
 put in, any ballot not given by a voter ; or take out of such box, or 
 permit to be so taken out, any ballot deposited therein, except 
 in the manner prescribed by law; or by any other act or 
 omission designedly destroy or change the ballots given by the 
 electors he shall be fined not exceeding one thousand dollars, 
 and imprisoned in the penitentiary not exceeding five years. 
 [C. '73, 4003; R., 4343; C. '51. 2701.] 
 
 SEC. 4*28. Illegally receiving or rejecting votes. 
 When any one who offers to vote at any election is objected to 
 
OFFENSES AGAINST THE RIGHTS OF SUFFRAGE. 49 
 
 by an elector as a person not possessing the requisite qualifi- 
 cations, if any judge of such election unlawfully Permit him to 
 vote without producing proof of such qualification in the manner 
 directed by law, or if any such judge wilfully refuse the vote of 
 any person who complies with the requisites prescribed by law 
 to prove his qualifications, he shall be fined not more than two 
 hundred nor less than twenty dollars, or be imprisoned in the 
 county jail not exceeding six months. [C. '73, 4004; R t , 
 4344; C, '51, .2702 ] 
 
 An election officer will not be criminally liable for refusing to receive the 
 ballot of an elector unless the elector, being qualified by compliance with 
 the law to vote, tenders his ballot within the time within which it is the 
 duty of the election officer to receive ballots: State v. Clark, 102-685. 
 
 The refusing of a ballot by the election officer may be wilful if it is pur- 
 posely and deliberately done, without regard to whether the 'officer had 
 just grounds tor believing the ballot to be lawful: Ibid. 
 
 SEC. 4929. Misconduct to avoid election. If any judge, 
 clerk or executive officer designedly omit to do any official act 
 required by law, or designedly do any illegal act, in relation to 
 any public election, by which act or omission the votes taken at 
 any such election in any city, town, precinct, township or 
 district be lost, or the electors thereof be deprived of their suf 
 frage at such election, or designedly do any act which renders 
 such election void, he shall be fined not less tljan one hundred 
 nor more than one thousand dollars, or imprisoned in the 
 county jail not more than one year, or both. [C. '73, 40J5; 
 R., 4345; C. '51, 2703] 
 
 SEC. 4930. Not returning poll-books. If any judge, clerk 
 or messenger, after having been deputed by the judges of the 
 election to carry the poll -books of such election to the place 
 where by law they are to be canvassed, wilfully or negligently 
 fail to deliver them within the time prescribed by law, safe, with 
 the seal unbroken, he shall, for every such offense, be fined not 
 more than five hundred nor less than fifty dollars. [C. '73, 
 4006; R., 4346; C. '51, 2704.] 
 
 SEC. 4931. Improper registry. Any person who causes 
 his name to be registered, knowing that he is not or will not become 
 a qualified voter in the precinct where his name is registered 
 previous to the next election, or who shall wrongfully personate 
 any registered voter, and any person causing, or aiding or 
 abetting any person in either of said acts, shall be, for each 
 offense, imprisoned in the penitentiary not less than one year.. 
 [C. '73, 4007.] 
 
50 PRIMARY ELECTIONS. 
 
 CHAPTER 40 OF THE ACTS OF THE THIRTIETH 
 GENERAL ASSEMBLY. 
 
 PRIMARY ELECTIONS. 
 
 H. F. I. 
 
 AN ACT providing for the election of delegates of political parties by a 
 primary election and for the nomination of officers by a delegate conven- 
 tion system. I Additional to chapters three (3) and four (4) of title six 
 (VI) of the code, relating to elections and canvass of votes.] 
 
 Be it enacted by the General Assembly of the State of Iowa: 
 
 SECTION 1. Primary elections authorized. That in all 
 counties having a population of seventy -five thousand (75,000) 
 or more, the nomination of candidates for all offices filled by 
 election of. voters, except those of incorporated towns and school 
 districts, by all political parties, shall be made by conventions 
 composed of delegates, and the selection and instruction of dele- 
 gates shall be made and given at primary elections conducted 
 under the regulations herein provided. All delegates chosen 
 and serving as such in convention assembled shall be con- 
 sidered as instructed to vote for, as long as good faith requires, 
 and use their best endeavors to secure the nomination of per- 
 sons for the various positions to be filled who have received the 
 largest number of votes respectively in the precinct wherein the 
 the delegate was elected . The provisions of chapters three (3) 
 and four (4) title six (6) and of chapter eight (8) title twenty- 
 four (24) of the code, and the law as it appears in sections forty- 
 nine hundred nineteen- a (4919-a), forty-nine hundred nine- 
 teen-b (4919 b), forty-nine hundred nineteen-c (4919-c) of the 
 supplement to the code, shall apply to all such primary elections, 
 the same as general elections, when not in conflict with this act. 
 SEC. 2. When held polls open. This primary election 
 shall consist of an election by all political parties held on the 
 first Tuesday in May preceding the November general election 
 at the usual voting places of the several precincts, and shall be 
 conducted in the same manner as general elections. in cities 
 where registration is required by law, the polls shall be open 
 from seven (7:00) A. M. to seven (7:00) P. M., and in all other 
 precincts from twelve (12) o'clock noon to six (6:00) P. M. If 
 the boundaries of any voting precinct are changed between the 
 the time of a general election and the time of a subsequent pri- 
 mary election, the boundaries of such precinct for such primary 
 election shall be the same as they were at the last preceding 
 general election. [31 G. A., ch. 45. 1; ch. 46, 2.] 
 
 SEC. 3 Election officers -expenses. The election officers 
 of the first general election after the primary election shall also 
 be the officers at said primary election. Such judges and clerks 
 of election shall be designated and so notified at least thirty (30) 
 days prior to the primary election day and shall be required to 
 take the same oath as is required by law for judges and clerks 
 
PRIMARY ELECTIONS. 51 
 
 of a general election, and their duties, liabilities and compensa- 
 tion shall be the same. The expense of the primary election 
 provided for in section two (2) of this act, shall be paid by the 
 counties in which said primary election is held, all bills to be 
 audited and passed upon by the board of supervisors. 
 
 SEC. 4. Prima facie electors challenges. Any person is 
 prima facie an elector in a precinct who is a qualified elector in 
 such precinot at the time of such primary election and who has 
 designated the political party with which he desires to be affili- 
 ated at the general election held in the preceding November 
 (unless challenged, and if challenged then only in the event the 
 challenge is determined in favor of the voter) and shall be enti- 
 tled forthwith but not later, to receive a ballot of the political 
 party with which it is determined by the poll books of the pre- 
 ceding year, that he declared his affiliation. The elector voting 
 at such primary election, shall be allowed to vote for candidates 
 for nominations on the ticket of only one political party, and 
 that to be the party with which he is registered as affiliated 
 with ; provided however, that those who failed to register their 
 party affiliations for any of the reasons enumerated in section 
 five (5) of this act or who become legal voters of the county after 
 the last general election preceding such primary election, who 
 are otherwise qualified electors of such precinct, shall upon com- 
 plying with the requirements of said section, have their names 
 registered as provided therein and be entitled to vote, when not 
 challenged, and when a challenge is not sustained, but such 
 person shall not be permitted to vote until the provisions of this 
 act are complied with. When an elector has changed his resi- 
 dence within the county after the November election at which 
 he voted and registered his party affiliation and before the pri- 
 mary election following, he may show his party affiliations by a 
 certificate from the county auditor, which certificate shall be 
 issued upon request by such officer. The endorsement of the 
 judges of election shall appear upon the ballots, as provided by 
 law for the ballots issued at the November election. No person 
 shall vote at a primary election who has not registered as herein 
 provided. The judges of election shall instruct the voter that 
 he is to vote for his choice of the candidates for each office, using 
 only the ballot of the party with which he affiliates, and he must 
 return the ballot folded that it may be deposited in the ballot 
 box. 
 
 SEC. 5. Registration of voters. In order that none but 
 qualified electors and those affiliating with and who are mem- 
 bers of a political party shall participate in any primary elec- 
 tion held by such political party, a system for the registration 
 of voters is hereby provided, and such registration shall be con- 
 ducted in form and manner as follows, to- wit: at the general 
 election held in November of each year there shall be set aside, 
 on the regular poll books used for the purpose of registering 
 the names of persons who are qualified to and do vote, space 
 for the registration of all persons who may desire to take part 
 
52 PRIMARY ELECTIONS, 
 
 in any primary election held thereafter by any political party. 
 Such space shall be provided on the regular election poll books, 
 immediately following the last perpendicularly ruled column in 
 such book, and shall be headed as follows: "Party Affiliation." 
 It shall be the duty of the judges at such general election to ask 
 each person who votes the question, "With what political party 
 do you desire to affiliate?" and the name of the political party 
 given by such person shall be recorded in the column provided 
 on the poll books for that purpose. In case any person does not 
 desire to state his party affiliation he shall not be required so to 
 do nor shall his failure so to do act as a bar to his voting at any 
 but a primary election. Any elector who voted at the last 
 general election whose party affiliation was not recorded at 
 such general election or having declared his party affiliation, 
 desires to change the same may, not less than thirty npr more 
 than forty days prior to the date of the primary election, file an 
 affidavit with the officer charged with the custody of the poll 
 books of the last general election, stating his party affiliation 
 and such officer shall enter a record of the same on the poll 
 books in the proper column opposite the voter's name. Any 
 such person who was necessarily absent from the precinct and 
 for said reason was unable to file his affidavit of party affiliation 
 or change of party affiliation during the ten days provided 
 therefor, or any person or persons who did not vote at the last 
 general election or any person or persons who have 
 moved into such precinct since the date of the last general elec- 
 tion, and who is not provided with a certificate from the county 
 auditor of the county as provided in section four (4) of this act, 
 and who is a qualified elector at the time of said primary elec- 
 tion, and any person who became a qualified elector of such 
 precinct since such last general election shall be allowed an 
 opportunity to register at the time and in the manner set forth 
 herein, as follows, to- wit: Any such person may apply at the 
 polls of the precinct in which he resides at the time of the 
 primary election, and make alfidavit before the officers of said 
 primary election, who are hereby authorized to administer oath 
 or affirmation thereto, and certify to the same, that he was pre- 
 vented from registering at the regularly appointed time and 
 the cause for such failure, together with his qualifications as a 
 voter and membership in the political party with which he de- 
 sires to affiliate. In all such cases the person so applying to 
 the officers of the primary election for registration shall, in ad- 
 dition to his own affidavit, produce the affidavit of at least two 
 well known and reputable electors, residents and freeholders of 
 the precinct, setting forth the qualification of such person as an 
 elector. The officers of such primary election shall then regis- 
 ter the name of the person so applying in the poll book for the 
 precinct on the page immediately following the last page con- 
 taining the names of those regularly registered, and opposite 
 each name so registered at such primary election shall be 
 
PRIMARY ELECTIONS. 53 
 
 marked the words "specially registered," and such person if not 
 challenged or if a challenge is not sustained shall thereupon 
 be allowed to vote. Such poll books shall be delivered to the 
 primary election board by the custodian thereof at least one day 
 prior to the day of the primary election, and be returned to 
 such custodian in good condition forthwith after said primary 
 election to be preserved by him as provided by section eleven 
 hundred and forty-five (1146) of the code. [31 G. A., ch. 45, 
 2.] 
 
 SEC. 6. Challenged voter affidavit. When the right of 
 any person to vote is challenged, who voted at the last preced- 
 ing general election and at that time declared and had recorded 
 his party affiliations, or who voted at such general election in 
 some other precinct of the county and there declared and had re- 
 corded his party affiliations and has produced the auditor's certi- 
 ficate herein required, or who voted at such preceding general 
 election and declared his party affiliation snot less than thirty (30) 
 days before such primary election as herein provided, the elec- 
 tion judges shall requireof such person his own affidavit 
 showing his qualifications to vote at such primary election. 
 
 SEC. 7. Candidates for nomination affidavit. The 
 names of candidates for nomina^fon for all county offices, also 
 members of board of supervisors and township offices in town- 
 ships composed of more than one precinct and of candidates for 
 nomination for offices to be determined in representative, senator- 
 ial, judicial, congressional or state conventions who are residents 
 of the county if for a county office, or of the district or state when 
 they are candidates for a district or state office, shall be filed 
 with the county auditor at least twenty (20) days before said 
 primary election. And said candidates shall each file therewith 
 an affidavit stating that he is a resident of the county, district 
 or state and that it is his bona fide intention to be a candidate 
 for the nomination upon a stated party ticket for the office 
 specified, as follows : 
 
 I, A. being duly sworn, say that I reside at 
 
 street ( city or town) of county of 
 
 state of Iowa and that the political party with which I affiliate is 
 the party; I am eligible to hold the office for which I 
 
 am a candidate, and a ; that I am a candidate for the 
 
 nomination to the office of to be voted upon at the primary 
 
 election to be held on and hereby request that my 
 
 name be printed upon the official primary ballot as provided by 
 law, as a candidate of the party. 
 
 (Signed) 
 
 Subscribed and sworn to (or affirmed) before me by 
 
 on this day of- -190 [31st G. A. ch. 46. 1.] 
 
 SEC. 8. Ballot form. Ten days prior to the primary 
 election day the county auditor shall prepare the primary elec- 
 tion ballot for each political party as hereafter provided and a 
 f ac simile thereof shall be published at least once in the official 
 
64 PRIMARY ELECTIONS. 
 
 papers of the county prior to the primary election day. The 
 primary election ballot of each political party shall be separ- 
 ately printed upon paper of uniforn quality, texture and size 
 and printed in black ink. No two party ballots shall be of the 
 same color or tint of paper. The paper shall be of such quality, 
 thickness and weight and folded in a way that the names of 
 the candidates cannot be seen and the candidate for whom 
 an elector votes cannot be determined, except by opening the 
 ballot. Across the head of each ballot shall be printed in a 
 plain heavy letter the name of the political party, followed in 
 the next by the words ''primary election ballot". On the next 
 lines and in smaller type shall be printed the words, ''lists of 
 candidates for nomination to be voted for at the 19 primary 
 
 election in (precint) (township or ward) 
 
 county." Next following and separated from the above head- 
 ing by a light-faced dash shall appear the words: "To vote for 
 a person mark a cross (X) in the square at the left of the name 
 of the person for whom you desire to vote." The remainder of 
 the ballot shall be made up in the same manner as the ballots 
 used at general elections, except that: Following the name of 
 each office for which nominations are to be made shall be printed 
 in a column the names of all the candidates in alphabetical order 
 
 preceded by the words "vote for (giving the number to 
 
 be elected)." Each position with names of the candidates for 
 that position shall be separated by a black- faced dash one inch 
 in length, to separate each position clearly. Following the last 
 names upon the ticket and separated from them by a black- 
 faced dash, shall be a group of blank spaces headed by the word, 
 
 "delegates". On the next line shall be the words, "vote for ," 
 
 designating the number of delegates to which that precinct is 
 entitled. The requisite number of delegates to which each 
 precinct is entitled shall be determined by the county auditor 
 from the written reports of the chairman of the respective 
 county central committees, said reports to be filed with the 
 county auditor on or before April 20th of each year, and setting 
 forth the number of delegates to which each precinct is entitled 
 in the county convention of their party. In case no report is 
 filed by any of said chairmen as herein provided, then the audi- 
 tor shall determine the requisite number of delegates to which 
 each precinct is entitled, as he may deem just and proportionate. 
 Opposite each blank space on the left shall be placed a square, 
 and the elector voting the ballot may while in the booth write or 
 paste upon the blank spaces his choice of the requisite number 
 of individuals who are bona fide members of that party and 
 qualified residents of the precinct for delegates placing an X in 
 the square opposite the name of each. Following the group 
 of blank spaces for delegates shall be a blank space with a 
 square set opposite to the left, headed by the word, "committee- 
 men." The elector voting the ballot may likewise write or 
 paste upon this space his choice of an individual who is a bona 
 
PRIMARY ELECTIONS. 55 
 
 fide member of that party and a qualified resident of that pre- 
 cinct for precinct committeeman, placing an X in the square 
 opposite the name. In the right hand column at the bottom 
 shall appear upon each ballot the f ac simile of the signature of 
 the county auditor making up the tickets, followed by the words, 
 "county auditor." There shall be no printing upon the back of 
 the ballots, or any mark or distinguishing feature other than the 
 party tint or color of paper excepting the initials of one of the 
 judges. 
 
 S c. 9. Supplies poll books. The primary election board 
 in each voting precinct shall be furnished by the county auditor 
 with the necessary election supplies, including poll books, which 
 shall contain tally sheet pages with the names of the candidates 
 of the several parties for the different offices, also blank spaces 
 for the lists of delegates voted for and for those voted for com- 
 mitteemen, and blank spaces for recbrding by the clerks of the 
 names of the electors voting at said primary election ; and upon 
 the pages provided for the recording of said voters, there shall 
 be ruled, commencing at the left-hand side of each page, sep- 
 arate columns perpendicularly, and across each line upon which 
 the name of the voter is to be recorded and headed at the top of 
 said page with the word "Republican", "Democrat", or the 
 names of whatever political parties authorized by this act to 
 appear upon the ballots used at said primary election to desig- 
 nate the several parties, the names of said political parties to be 
 placed in the order of their numerical strength at the preceding 
 November election held in the county. It shall be the duty of 
 the clerks of the primary election when registering the name of 
 a voter to place in the poll book a cross thus (X) in the column 
 designating the party ticket which was given to said voter upon 
 his application for a ticket. 
 
 SEC. 10. Challengers. The party committeeman for each 
 party in each precinct may appoint in writing over his signature, 
 two party agents or representatives, supporting different candi- 
 dates for nomination for an office upon which the principal con- 
 test at said primary is being made, when there are two or more 
 candidates for such position in the same party, who shall act as 
 challengers for there respective parties, and shall have the same 
 powers as challengers at general elections. The right of a 
 person to vote at a primary election may be challenged upon 
 the same ground and his right to vote be determined in the same 
 manner as at a general election, a 1 so upon any ground touching 
 his qualifications to vote under the provisions of this act. The 
 committeeman of such party may represent the party at the 
 polling place during the canvass of the votes or he may appoint 
 another for that duty. 
 
 SEC. 1 1. Canvass of votes. The canvass of the votes 
 after the close of the polls shall begin immediately in each 
 precinct by opening the ballot boxes by the judges who shall 
 proceed to take therefrom the ballots. Said officers shall count 
 the number of ballots cast by each party, at the same time 
 
56 PRIMARY ELECTIONS. 
 
 bunching the tickets cast by each party, together in separate 
 piles, and then shall fasten each pile together, at the top of each 
 ticket. As soon as the primary election board shall have sorted 
 and fastened together the ballots of each separate party, then 
 they shall take the tally sheets provided in the poll books and 
 shall count all the ballots for each party separately until the 
 count is completed, and shall certify to the number of votes cast 
 for each candidate for each office and for delegates and commit- 
 teeman upon the ticket of each party. They shall then place 
 the counted ballots in a canvas bag furnished for that purpose 
 by the county auditor, but in no case shall they separate them 
 from each other, and the bag shall be securely fastened and 
 sealed. After all have been counted and duly certified to by 
 the judges and clerks, they shall seal the returns for all parties 
 in one envelope provided for that purpose, on the outside of which 
 shall be printed in perpendicular columns the names of the sev- 
 eral p jlitical parties, with the names of the candidates for the 
 different offices under their respective party heading, together 
 with blank spaces under appropriate headings for names of 
 party delegates and committeemen, and opposite each candi- 
 date's name shall be placed the number of votes cast for such 
 candidate in said precinct, and the names of the persons voted 
 for under the head of delegates and committeemen shall be 
 listed and opposite these names shall be placed the number of 
 votes cast for each, and at the bottom the total vote cast for each 
 political party in said precinct, to be returned to the county 
 auditor. 
 
 SEC. 12. Delegates credential certificates vacancies. 
 The requisite number of persons for delegates receiving the 
 highest number of votes upon the respective pirty tickets, shall 
 constitute the delegates from such precinct to the county con- 
 vention, and a credential certificate shall be issued by the pri- 
 mary election board, upon a blank provided by the county 
 auditor for that purpose, naming said delegates, their precinct, 
 and the party selecting them, which credential shall be placed 
 in the custody of the delegate receiving the highest number of 
 votes, to be delivered to the committee on credentials at the 
 county convention. In case of a tie vote in any precinct upon 
 any delegate or delegates, the selection shall be determined by 
 lot to be cast then and there as the primary board may deter- 
 mine. It shall be unlawful for any delegate to grant or convey 
 his proxy to another person to serve in his place as a delegate, 
 and the members of the precinct delegations duly selected at the 
 primary election and in attendance at the party convention 
 shall have the authority to either fill any vacancies arising upon 
 the precinct delegation or to cast the full number of votes to 
 to which their precinct is entitled in the convention. 
 
 SEC. 13. Returns. The returns of the vote cast at the pri- 
 mary election together with the canvas bag containing the bal- 
 lots, shall be made to the county auditor by the primary election 
 
PRIMARY ELECTIONS. 57 
 
 boards, including a separately certified list of the delegates 
 chosen to represent the various precincts in the county conven- 
 tions, and also the committeemen elected to serve upon the 
 county committees of the various political parties, by twelve 
 o'clock noon of the next day following that upon which the pri- 
 mary election was held, and the county auditor shall certify a 
 tabulated statement of the returns as reported to him from all 
 the precincts of the county, together with the lists of delegates 
 and committeemen and a list of the candidates for district and 
 state offices voted upon and the vote cast for each, indicating 
 the candidates for each office receiving the largest number of 
 votes for district and state offices, to the chairmen of the respec- 
 tive county committees of the several political parties partici- 
 pating in said primary election by ten o'clock, A. M. of the 
 Friday following the first Tuesday in May, which returns shall 
 be delivered by the county chairmen to the county convention 
 of each party hereinafter provided. 
 
 SEC. 14. Party conventions nominations. There shall 
 be held conventions of delegates of the several political parties 
 participating in the primary election on the Saturday following 
 the first Tuesday in May at an hour and place designated by 
 the county committees of the respective parties, and the chair- 
 man and secretary of the committee shall issue a call for same 
 which shall be published in a newspaper of general circulation 
 in the county at least ten (10) days preceding the time of meet- 
 ing, designating the hour and place of holding the party conven- 
 tion. After the party convention shall have been duly consti- 
 tuted and organized, the secretary thereof shall read the detailed 
 certification of returns from the primary election as transmitted 
 by the county auditor through the chairman of the county com 
 mittee to the convention. If it shall appear that any candidate 
 for any county office shall have a number of instructed delegates 
 sufficient to be a majority of the whole number of delegates con- 
 stituting the convention, said candidate shall thereupon be 
 declared duly nominated without the formality of a ballot ; and for 
 such offices where no candidate shall have a majority of 
 instructed delegates, a roll call shall be had of the various pre- 
 cincts of the county together with the number of votes to which 
 each precinct may be entitled, the delegates announcing by pre- 
 cincts their choice for the particular office called which ballot- 
 ing shall continue until some candidate for each office shall be 
 declared the nominee of the convention for said office. And no 
 person whose name shall not have appeared upon the primary 
 ticket of his party in the primary election shall be entitled to 
 receive votes in said county convention. The county conven- 
 tion shall by its chairman and secretary certify to the auditor 
 of the county wherein same is held the nominees of the 
 party; and no nominee shall be certified to except from among 
 those whose names were printed upon the official ballot of the 
 primary election. The conventions of the supervisoral districts 
 
58 PRIMARY ELECTIONS. 
 
 and of the townships composed of more than one voting pre- 
 cinct shall be held in the forenoon of the same day as the 
 county convention, and the nominees of said convention shall 
 be duly certified to the county .auditor as by law provided. 
 
 SEC. 1 5. Nominees for township offices. Candidates for 
 township offices, except in townships composed of more than 
 one precinct, receiving the highest number of votes cast as 
 determined upon by a count of the votes by the primary election 
 board shall be declared the nominee of the party in such town- 
 ships. The names of candidates for nomination for offices in 
 such townships as heretofore stated, shall be presented to the 
 primary election board of their respective elective precincts and 
 said board shall declare the same to the electors voting at said 
 primary election so that said electors may vote for such candi- 
 dates for nomination the same as for candidates for the various 
 county and other offices and the nominees for township offices 
 in such townships shall be duly certified to the couuty auditor 
 by the officers of the primary election as by law provided. 
 
 SEC. 1 6. Names on ballot. There shall not be placed upon 
 any official ballot to be voted in the next general election the 
 name of any candidate of a political party which cast ten (10) 
 per cent or more of the total vote cast at the preceding general 
 election except in the manner hereinbefore provided. 
 
 SEC. 17. County committees. The county committees of 
 the various political parties recognized by this act shall consist 
 of one elector, a member of that particular political party from 
 each voting precinct in the county, who shall be a legal voter 
 in the precinct he is elected to represent. He shall be known 
 as precinct committeeman and shall be elected at the primary 
 election as hereinbefore provided. 
 
 SEC. 18. Saloons closed. The provision of section twenty- 
 four hundred and forty-eight (2448) of the code, relating to the 
 closing of saloons on election days, shall apply in like manner 
 to the primary election day, under this act. 
 
 SEC. 19. Primary elections in cities conventions 
 committees. The primary election in cities, as provided in 
 this act, for the selection of delegates to municipal conventions 
 and for voting instructions to delegates for candidates for 
 municipal offices, and for the election of city committeeman, 
 shall be held on the fourth Tuesday preceding the day of the 
 municipal or city election, and all the provisions of this act 
 shall apply to nomination of candidates for elective offices by 
 political parties for municipal elections in such cities so far as 
 applicable, and said municipalities shall pay the expenses of 
 the same, all bills to be audited and passed upon by the city 
 council. The city clerk shall receive the affidavits of candi- 
 dates, and shall arrange, publish, have printed and furnish to 
 the precinct election officers the party tickets and necessary 
 election supplies; to him shall be made the returns by the 
 primary election boards, and he shall make certification of the 
 
PRIMARY ELECTIONS. ''*''$& 
 
 results of the primary election to the chairmen of the city com- 
 mittees of the several political parties participating in said 
 primary election by 1:30 p. M. of the Friday following- said 
 primary election, and perform such other duties relative [to] 
 the city primary election, which shall be applicable thereto, as 
 are provided for the county auditor in the primary election . A 
 city convention of the various political parties participating in 
 a primary election shall be held on the Saturday next following 
 the day of holding the primary election, and in a like manner 
 as provided for a county convention by this act. The delegates 
 to the city convention shall nominate the candidates by a 
 majority vote of said delegates from among those whose names 
 were on the printed ballot of that party, and who were voted for 
 at said primary election. The city committees of the various 
 political parties recognized by this act shall consist of one 
 elector, a member of that particular political party, from each 
 voting precinct in the city, who shall be a legal voter in the 
 precinct he is elected to represent. He shall be known as pre- 
 cinct committeemen [committeeman], and shall be elected at 
 the city primary election. 
 
 SEC. 20. Official neglect or misconduct penalty. Any 
 primary election or other public officer, upon whom a duty is 
 imposed by this act or by acts herein made applicable to primary 
 elections, who shall wilfully neglect to perform such duty or 
 who shall wilfully perform it in such a way as to hinder the 
 objects thereof or shall disclose to any one, except as may be 
 ordered by any court of justice the contents of any ballot or 
 any part thereof, as to the manner in which the same may have 
 been voted, shall be punished by a fine of not less than one 
 hundred (100) dollars nor more than one thousand ( LOOO) dollars, 
 or by imprisonment in the p'enitentiary not less than one nor 
 more than five years or by both fine and imprisonment. 
 
 SEC. 21. Agreement to assist candidate for pay or 
 acceptance of pay penalty. Any person who shall agree to 
 perform any services in the interest of any candidate in consid- 
 eration of any money or other valuable thing, or who shall 
 accept any money or other valuable thing for such services 
 performed in the interest of any candidate, shall be punished by 
 a fine of not more than three hundred dollars ($300.00) or be 
 imprisoned in the county jail not exceeding thirty days. But 
 nothing herein shall be construed to include persons making 
 contracts in good faith for the conveyance of voters to and from 
 polling places on the day of the primary election and the 
 payment of any reasonable compensation for such services. 
 
 SEC. 22. Bribery penalty. Any person offering or giving a 
 bribe either in money or other consideration to any elector for 
 the purpose of influencing his vote at any primary election, or 
 any elector entitled to vote at such primary election receiving 
 and accepting such bribe, any person making false answer to 
 any of the provisions of this act relative to his qualifications and 
 
60 PRIMARY ELECTIONS. 
 
 party affiliations; any person wilfully voting or offering to vote 
 at a primary election who has not been a resident of this state 
 for six (6) months next preceding said primary election, or who, 
 at the primary election, is not twenty-one (21) years of age, or 
 is not a citizen of the United States; or knowing himself not to 
 be a qualified elector of such precinct where he offers to vote; 
 or any person violating any of the provisions of this act or of 
 the code, as may be hereto applied, and any person knowingly 
 procuring, aiding, abetting such violation, shall be deemed 
 guilty of a misdemeanor, and upon conviction shall be fined a 
 sum not less than one hundred (100) dollars nor more than five 
 hundred (500) dollars, and be imprisoned in the county jail not 
 less than ten (10) days nor more than ninety (90) days. 
 
 SEC, 23. When applicable. This act shall not apply to 
 the nomination of candidates or choice of delegates made prior 
 to the next general election. 
 
 SEC. 24. In effect. This act shall take effect and be in 
 force from and after its publication in the Register and Leader 
 and the Daily Iowa Capital, newspapers published in D.es 
 Moines, Iowa, and the same shall be published in the official 
 newspapers of the county wherein same shall be applicable 
 at the 'expense of the respective counties. 
 
 Approved April 9, A. D. 1904. 
 
 I hereby certify that the foregoing act was published in the Register and 
 Leader and the Daily Iowa Capital, April 13, 1904. 
 
 W. B. MARTIN, 
 
 Secretary of State 
 
GAYLORD