UC-NRLF 
 
 ^B aos 20"^ 
 
iiiiiiisHiiii^i^H 
 
 GIFT OF 
 
ELECTION LAWS 
 
 OF THE 
 
 STATE OF NEBRASKA 
 
 REVISION OF L)05. 
 
 ' OFFICE OF '^ 
 SEC'TY. OF STATE 
 Lincoln, - N^br. 
 
 LINCOLN, NEB.: 
 
 STATK .lOURNAL COMPANY, PRINTERS. 
 1905. 
 
rK^;.;:iV¥^■'>/.^^■':•J.: 
 
ELECTION LAWS 
 
 OF THE 
 
 STATE OF NEBRASKA 
 
 REVISION OF 1905. 
 
 LINCOLN, NEB : 
 
 STATE JOURNAL COMPANY, PRINTERS. 
 1905. 
 
Digitized by the Internet Archive 
 
 in 2008 with funding from 
 
 IVIicrosoft Corporation 
 
 http://www.archive.org/details/electionlawsofstOOnebrrich 
 
 A ' if c *;\ , , 
 
ELECTION LAWS OF THE STATE OF NEBRASKA. 
 
 GENERAL ELECTION LAW. 
 
 (Compiled Statutes, 1905, chapter 26.) 
 
 Section 1. [When held.] The general election of this state 
 shall be held on Tuesday succeeding the first Monday in November of 
 each year. [1879, 240.] 
 
 Sec. 2. [Officers to be elected.] All state, district, county, pre- 
 cinct, and township officers, by the constitution and laws made elective 
 by the people, except school district officers, and municipal officers in 
 cities and villages, shall be elected at a general election to be held at 
 the time provided in the preceding section. 
 
 Sec. 3. [Qualifications of voters.] Every male person of the 
 age of twenty-one years or upwards, belonging to either of the following- 
 classes, who shall have resided in the state six months, in the county 
 forty days, and in the precinct, township, or ward ten days, shall be an 
 elector. First— Citizens of the United States. Second— Fevsons of for- 
 eign birth who shall have declared their intention to become citizens 
 conformably to the laws of the United States on the subject of natural- 
 ization at least thirty davs prior to an election. 
 
 Sec. 4. [Disqualification.] No person shall be qualified to vote 
 who is iwn compos mentis, or who has been convicted of treason or felony 
 under the law of the state, or of the United States, unless restored to- 
 civil rights. 
 
 Sec. 5. [Soldiers and sailors.] No soldier, seaman, or marine 
 in the army and navy of the United States shall be deemed a resident of 
 the state in consequence of being stationed therein. 
 
 Sec. 6. [Privileges.] Electors shall in all cases except treason, 
 felony, or breach of the peace be privileged from arrest during their 
 attendance at elections, and going to and returning from the same, and 
 no electors shall be obliged to do military duty on the days of election, 
 except in time of war and public danger. 
 
 Sec. 7. [Officers elected.] One (1) judge of the Supreme Court 
 and two regents of the University shall be elected in the year eighteen 
 hundred seventy-nine (1879) and ev[e]ry second year thereafter, who 
 shall serve for the term of six (6) years. Judges of the district court 
 shall be elected in the year eighteen hundred seventy-nine (1879) and 
 ev[e]ry four years therafter. The governor, lieutenant governor, con- 
 gressman, state treasurer, auditor of public accounts, secretary of state, 
 attorney-general, commissioner of public lands and buildings, superin- 
 tendent of public instructions, and members of the legislature shall be 
 elected in the year eighteen hundred and eighty (1880) and ev[e]ry 
 second year thereafter. In all counties, one county assessor shall be 
 elected in the year 1903 and ev[e]ry fourth year thereafter. In counties 
 
 (3) 
 
 257178 
 
4 ELECTION LAWS OF NEBRASKA. 
 
 not under township organization, one (1) county judge, one (1) sheriff, 
 one (1) coroner, one (1) county treasurer, one (1) county clerk, one (1) 
 county surveyor, one (1) county superintendent of public instruction 
 shall be elected in the year eighteen hundred seventy-nine (1879) and 
 ev[e]ry second year thereafter, and in each precinct two (2) justices 
 of the peace and two (2) constables shall be elected in the year eighteen 
 hundred seventy-nine (1879) and ev[e]ry second year thereafter, ex- 
 cept as hereinafter provided, and one (1) overseer of highways for each 
 road district shall be elected in the year eighteen hundred seventy-nine 
 (1879) and annually thereafter, and one (1) county commissioner shall 
 be elected annually who shall serve three (3) years. In counties under 
 township organization, one (1) county judge, one (1) sheriff, one (1) 
 coroner, one (1) county treasurer, one (1) county clerk, one (1) county 
 surveyor, and one (1) county superintendent of public instructions shall 
 be elected at the first general election after the adoption of township 
 organization, and every second year thereafter. At the first general 
 election in each township after the adoption of township organ- 
 ization, one (1) town clerk, one (1) town treasurer, and one (1) 
 overseer of highways in each road district shall be elected annually 
 thereafter, and one (1) justice of the peace and one (1) constable shall 
 be elected at said election, and ev[e]ry second year thereafter, except 
 as hereinafter in this section provided, and at said election, one super- 
 visor shall be elected in each supervisor district, and thereafter each odd 
 numbered year, in the odd numbered supervisor district, and each 
 even numbered year, in the even numbered supervisor district, said 
 supervisor districts to be numbered by the county board at their first 
 regular meeting after the passage of this act or the subsequent adoption 
 of township organization, as nearly as practicable, in the same manner 
 as government sections are numbered in a government township. And 
 at the first general election after the adoption of the township organ- 
 ization in any county, in each city and each village, having one thousand 
 (1000) inhabitants or over, two justices of the peace and two (2) con- 
 stables shall be elected at said election and ev[e]ry second year there- 
 after. Provided, however. That in all cities of the metropolitan class 
 there shall be six (6) justices of the peace, and six (6) constables for 
 €ach of said metropolitan cities and no more, and also one (1) police 
 judge for each of said cities of the metropolitan class. And in all cities 
 of the first class having less than eighty thousand (80000) and more 
 than twenty-five thousand (25,000) inhabitants there shall be elected 
 three (3) justices of the peace and three (3) constables for each of such 
 cities and no more. In each county having a population of eight 
 thousand (8000) inhabitants or more, there shall be elected in the year 
 eighteen hundred seventy-nine (1879) and ev[e]ry four (4) years there- 
 after, a clerk of the district court in and for such county, and in each 
 county having a population of less than eight thousand (8,000) in- 
 habitants the county clerk shall be ex officio clerk of the district court 
 and perform the duties devolving upon the officer by law. All county, 
 precinct, and township officers created by statute or that may be herein- 
 after created shall be elected at such general election as may be pro- 
 vided in the law creating the office or offices. [Amended 1885, chap. 50; 
 
ELECTION LAWS OP NEBRASKA. 9 
 
 1889, chap. 22; 1891, chap. 23; 1897, chap. 30; 1899, chap. 24; 1903, H. 
 R. 436.] 
 
 Sec. 8. [Presidential electors.] Electors of president and vice- 
 president shall be elected at the general election in the year 1880, and 
 every four years thereafter, on such day as congress may appoint, said 
 electors to be chosen from the state at large. 
 
 Sec. 9. [United States senator.] At the general election im- 
 mediately preceding the expiration of the term of a United States sen- 
 ator from this state, the electors shall, by ballot, express their preference 
 for some person for the office of United States senator. The votes to 
 be canvassed and returned in the manner hereinafter provided. 
 
 Sec. 10. [County treasurer.] A county treasurer shall be in- 
 eligible to office for more than two consecutive terms. 
 
 Sec. 11. [Proclamation.] Thirty days previous to any election 
 at which any state officer is to be elected, 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, legislative, or 
 judicial district, and transmit a copy thereof by mail to the county clerk 
 of each county. 
 
 Sec. 12. [Notice.] At least twenty days previous to any elec- 
 tion, the county clerk, in counties not under township organization, 
 shall make out and deliver to the sheriff of his county, or in counties 
 under township organization, to the several town clerks, and to city 
 clerks in cities of the first and second class, three notices thereof for 
 each precinct, township, or ward in which the election in such county 
 is to be held. The notices shall be substantially as follows: 
 
 "Notice is hereby given, that on Tuesday, the day of November, 
 
 next, at the house of , in , an election will be 
 
 held for governor, etc., (naming all the state and other officers to be 
 balloted for), which election will be open at eight o'clock in the morning, 
 and will continue open until six o'clock in the afternoon of the same 
 day. 
 
 Dated this day of , A. D. 18—. 
 
 A. B., County Clerk. 
 
 Sec. 13. [Posting notices.] The said sheriff or town or city 
 clerk to whom the notices are delivered shall post up in three of the 
 most public places in each precinct, township, or ward the three notices 
 therefor, at least ten days before the time of holding any election. 
 
 Sec. 14. [Opening polls.] At all elections the polls shall be 
 opened at eight o'clock in the morning, and close at six o'clock in the 
 afternoon of the same day; but if the judges and clerks shall not attend 
 at the hour of eight o'clock in the morning, or if it shall be necessary 
 for the electors present to appoint judges and clerks, or any of them, 
 as hereinafter prescribed, the polls may, in that case, be opened at any 
 time before the time for closing the same shall arrive, as the case may 
 require. 
 
 Sec. 15. [Oath of officers.] Previous to any vote being taken, 
 the judges and clerks of election shall severally take an oath or affirma- 
 tion according to the form prescribed in chapter on official bonds. 
 
6 ELECTION LAWS OF NEBRASKA. 
 
 Sec. 16. [Administering oath.] In case there shall be no judge 
 or justice of the peace present at the opening of the polls, it shall be 
 lawful for the judges of election to administer the oath or affirmation to 
 each other and the clerks of election ; and the person administering such 
 oath or affirmation shall cause an entry thereof to be made and sub- 
 scribed by him, and prefix to each poll book. 
 
 Sec. 17. (Judges and Clerks of election, appointment.) The 
 Clerk of the District Court of each county shall, at least fifteen (15) 
 days prior to the first Tuesday after the first Monday in November of 
 each year, appoint three (3) judges and two (2) clerks of election in 
 each election precinct in the county to serve for the term of one year. 
 They shall each be of good character, approved integrity, well informed, 
 who can read," write, and speak the English language, and have resided 
 in the election precinct in which they are to serve for one year next 
 preceding his appointment, and be entitled to vote therein. Such judges 
 and clerks shall, during their term of office, act at all general and special 
 elections except City and Village elections held in the county or precinct 
 of which the voting precinct in which they reside forms a part. Pro- 
 vided, that the clerk of the district court of each county shall appoint as 
 judges and clerks for all general and special county or precinct elections, 
 at least fifteen (15) days before the election, three (3) judges and t^'O 
 (2) clerks from a list to be furnished by the chairman of the various 
 county central committees; said chairman to submit to the clerk of the 
 district court at least twenty (20) days prior to the first Tuesday after 
 the first Monday in November of each year a list of persons, duly 
 qualified to serve as judges and clerks of election, who have been selected 
 by the various county central committees, and to consist of five (5) 
 names for each voting precinct. The clerk of the district court shall 
 select for each voting precinct one (1) judge and one (1) clerk of elec- 
 tion from the party polling the highest number of votes at tlie last 
 general election in the precinct as shown by the vote cast for the first 
 set of candidates on the state ticket; one (1) judge and one (1) clf'rk 
 from the party polling the next highest number of votes; one (1) judge 
 from the party polling the third highest number of votes, provided such 
 tliird party polled one-tenth of the total vote polled in the county at 
 the preceding election; otherwise the party polling the highest number 
 of votes at the last general election shall be entitled to two (2) judges 
 and one (1) clerk. Two or more parties voting for the same set of can- 
 didates in general shall be considered as one party. In case no names 
 are submitted by any central committee, as herein provided, the clerk of 
 the district court shall select known and recognized members of that 
 party in accordance with the provisions of this act. No person shall 
 be eligible as a member of a board of election who is a candidate to be 
 voted for at such election or who has anything bet or wagerod on the 
 result of such election. If at any time before an election it shall he made 
 to appear to any clerk of the district court by the affidavit of two (2) 
 or more qualified electors of any precinct that any member of the elec- 
 tion board is disqualified under the provisions of this act, he shall at 
 once remove such member and fill the place from the list submitted by 
 the chairman of the same party as the member removed. If any member 
 
ELECTION LAWS OF NEBRASKA. 7 
 
 of an election board fails to appear at the hour appointed for the open- 
 ing of the polls, the remainder of the board shall select as a member of 
 such board to serve in his stead, an elector from the same political party, 
 if possible, as the absent member was chosen from. If none of the ap- 
 pointed members of an election board shall appear at the hour appointed 
 for the opening of the polls, the qualified electors present shall elect viva 
 voce as nearly as possible, in conformity with the provisions hereof. 
 Fifteen (15) days prior to any special election, the clerk of the district 
 court shall revise the list of judges and clerks of election within the dis- 
 trict wherein the election is to occur, and all vacancies shall be filled 
 as nearly as possible in the manner in which the original appointments 
 were made. The clerk of the district court shall, within three (3) days 
 after the appointment of aforementioned judges and clerks of election, 
 notify such judges and clerks of their appointment, through the United 
 States registered mail, and order them to appear at their respective 
 polling places at least one half hour prior to the hour fixed for the open- 
 ing of the polls on the day fixed for the election, stating in the order, 
 the day of the week and month and the polling place, as well as the hour 
 for the opening of the polls. Each judge and clerk of election shall 
 appear at his respective polling pi nee on the day and at the hour speci- 
 fied in such order and shall act in the capacity appointed. If any person 
 ordered to serve as judge or clerk of election fails, refuses, or neglects 
 to serve, such person shall be subject to a fine in any sum not less than 
 five (5) dollars nor more than fifty (50) dollars and costs, in the County 
 Court. If the clerk of the district court in any county fails or neglects to 
 perform his duties provided for in this act, he shall be subject to a 
 fine of not less than ten (10) nor more than one hundred (100) dollars, 
 and costs in the district court. Any person selected as a judge or clerk 
 of election may at any time before election day, be excused by the clerk 
 of the district court from serving in such capacity by reason of sickness 
 of self or serious illness of any member of his family or unavoidable 
 absence from the voting precinct on election day. In case of any 
 vacancy by reason of excuse to the clerk of the district court, he shall 
 fill the place from the list submitted by the chairman of the same party 
 as the member excused, and the person selected to fill such vacancy shall 
 be notified of such appointment as provided for in this act. The clerk of 
 the district court shall receive for the services specified in this section, 
 the sum of twenty-five (25) cents for each person appointed under the 
 provisions of this act, the same to be paid out of the iioneral fund of the 
 county. [Amended, 1897, chap. 29; 1901, chap. 29; 1903, H. R. 192.] 
 
 Sec. 18. [Proclamation.] Upon opening the polls, one of the 
 judges of election shall make proclamation of the same, and at least 
 thirty minutes before the closing of the polls proclamation shall be made 
 in like manner that the polls will be closed in half an hour. 
 
 Sec. 19. [Ballot box.] Before any ballot shall be deposited in 
 the ballot box the ballot box shall be publicly opened and exhibited, and 
 the judges and clerks shall see that no ballot is in such box; after which 
 the box shall be locked and the key delivered to one of the judges, and 
 shall not be again opened until the close of the polls; and the ballot box 
 shall not be removed from the view of the electors present until the poUs 
 
8 ELECTION LAWS OF NEBRASKA. 
 
 are closed and all the votes shall have been counted and canvassed; nor 
 shall two of the judges be absent from the room or building in which the 
 election is held, at the same time, during such voting and canvassing. 
 
 Sec. 20. [Form of poll books.] The county clerk, previous to 
 the opening of the polls, shall prepare duplicate poll books, in the man- 
 ner and form following: — 
 
 Poll books of an election, held in precinct, township, 
 
 or ward, in county, on the day of , A. D. , 
 
 at which time A. B., C. D., and E. F. were judges, and G. H. and I. K. 
 were clerks of said election — the following named persons voted thereat: 
 
 NUMBERS AND NAMES OP ELECTORS. 
 
 No.l. A.B. ~ No. 3. E/F. 
 
 No. 2. CD. No. 4. G.H. 
 
 We do hereby certify that the above is a tme list of the persons vot- 
 ing at the above named election. 
 Attest: 
 A. B., G. H., 
 
 C. D., I. K., 
 
 E. F., 
 
 Judges of election. Clerks. 
 
 TALLY LIST OF PERSONS VOTED FOR, AND FOR WHAT OFFICE, CONTALMNQ THE 
 NUMBER OF VOTES FOR EACH CANDIDATE. 
 
 Governor. 
 
 Member of Congress. 
 
 County Clerk. 
 
 We hereby certify that A. B. had votes for governor, and C. D. 
 
 had votes for governor; that E. F. had votes for member of 
 
 congress, etc. 
 Attest: 
 
 A. B., G. H., 
 
 C. D., I. K., 
 
 E.F., 
 
 Judges of election. Clerks. 
 
 Sec. 21. [Ballots.] The ballots shall designate the office for 
 which the persons therein named are voted for. 
 
 Sec. 22. [Receiving ballots.] One of the judges of election 
 shall receive each ballot from the person offering to vote, at the same 
 time announcing the name of such person in a clear, distinct voice, and 
 if his right to vote be not challenged, or in cities of the first and second 
 class if the name of the person offering to vote is on the register list, 
 his ticket shall be placed in the ballot box without inspecting the names 
 written or printed thereon, and the clerks of election shall enter the 
 name of the voter and the number in each poll book when his ballot is 
 received. 
 
ELECTION LAWS OF NEBRASKA. , 9 
 
 Sec. 23. [Ballot boxes.] The county board shall provide a 
 sufficient number of ballot l)oxes, with secure locks and keys, at the 
 expense of the county, for the several precincts or districts; and each 
 ballot box at the close of each election shall be deposited with one of 
 the judges of election, who shall take charge of the same and be re- 
 sponsible for its safe keeping; and he shall convey said ballot box, or 
 cause it to be conVeyed, to the place of holding elections in his precinct, 
 township, or ward, at the next general or special election, and deliver, 
 or cause the same to be delivered, to one of the judges of said election. 
 
 Sec. 24. [Preservation of order.] Any constable of the pre- 
 cinct, township, or ward who may be designated by the judges of elec- 
 tion is directed to attend at the place of election, and he is authorized 
 and required to preserve order and peace at and about the same ; and if 
 no constable be in attendance, the judges of election may appoint one 
 or more specially, by writing, who shall have all the powers of a regular 
 constable. 
 
 Sec. 25. [Arrests.] If any person conducts in a noisy, riot- 
 ous, or tumultuous manner at or about the polls, so as to disturb the 
 election, or insults or abuses the judges or clerks of election, and persists 
 in such conduct after being warned to desist, the constable shall forth- 
 with arrest him without warrant, and bring him before the nearest 
 justice of the peace to be dealt with according to law, but such person 
 shall be permitted to vote. 
 
 Sec. 26. [Duties of officers where registration is made.] The 
 judges in cities of the first and second class where the registry law is in 
 force shall designate one of their number to check on the register the 
 name of every person voting; and no vote shall be received from any 
 person whose name does not appear there, unless he shall furnish the 
 judges his affidavit showing that he is a qualified elector, and a sufficient 
 reason for not appearing before the registrar, and shall also prove by 
 the affidavit of one elector whose name is on the register that such 
 affiant knows him to be a resident of that city, giving his residence by 
 street and number, as the same is in such case required to appear on 
 the register. Said affidavit shall be kept by the judges and by them 
 filed in the office of the county clerk, and all such affidavits may be ad- 
 ministered by either of the judges or clerks of election. 
 
 Sec. 27. [Challenge.] Any person offering to vote, whether 
 his name be on the register or not, 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. 
 
 Sbo. 28, [Oath.] If any person offering to vote is challenged 
 by one of the judges of the election, or by an elector, one of the judges 
 shall tender to him the following oath or affirmation: 
 
 "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 and qualifications as an elector at this election." 
 
 Sec. 29. [Questions.] If the person be challenged on the 
 ground that he has not made his declaration of intention to become a 
 
10 BliEOnON LAWS OP NEBRASKA. 
 
 citizen of the United States, the judges, or one of them, shall put the fol- 
 lowing question, provided that the person so challenged does not pro- 
 duce his intention papers: ''Have you made your declaration of inten- 
 tion to become a citizen of the United States ? " 
 
 If the person be challenged on the ground that he has not resided in 
 this state for six months immediately preceding the election, the judges 
 or any one of them shall put the following questions: First— ^' Have you 
 resided in this state for six months immediately preceding this elec- 
 tion?" Second— '^HsLve you been absent from this state within the six 
 months immediately preceding this election?" If he answers "Yes," 
 then. Third— '^ When you left, did you leave for a temporary purpose, 
 with the design of returning, or for the purpose of remaining away?" 
 Fourth— * 'Did you, while absent, look upon and regard this state as your 
 home?" Fifth— ^ 'Did you, while absent, vote in any other state or 
 territory?" 
 
 If the person be challenged on the ground that he is not a resident 
 of the county, precinct, township, or ward where he offers to vote, the 
 judges, or one of them, shall put the following questions: First— "Jlave 
 you resided in this county for forty days last past?" Second— "HavQ 
 you resided in this precinct (or ward) for the last ten days?" Third— 
 ''When did you last come into this county?" Fourth— "When you 
 came into this county, was it for temporary purposes merely, or for the 
 purpose of making it your home?" Fifth— "Did you come into this 
 county for the purpose of voting therein?" SiaDth—^Are you now an 
 actual resident of this precinct or ward?" 
 
 If the person be challenged on the ground that he is not twenty-one 
 years of age, the following question shall be put: "Are you twenty-one 
 years of age to the best of your knowledge and belief?" The judges of 
 the election, or one of them, shall put all such other questions to the per- 
 son challenged, under the respective provisions of section two of this 
 chapter, as may be necessary to test his qualifications as an elector at 
 that election. 
 
 Sec. 30. [Refusal to swear.] If any person shall refuse to take 
 the oath or affirmation provided for in this chapter, his vote shall be 
 rejected. 
 
 Sec. 31. [Final oath if challenge not withdrawn.] If a per- 
 son's vote be challenged, and such challenge be not withdrawn after he 
 shall have answered the foregoing questions, or such of them as may be 
 necessary, one of the judges shall tender to him the following oath: 
 
 "You do solemly swear (or affirm) that you are a citizen of the 
 United States (or have declared your intention to become such), that 
 you have been an inhabitant of the state of Nebraska for the last six 
 
 months, and of the county of for the last forty days, and of this 
 
 precinct for the last ten days; that you have attained the age of twenty- 
 one years, to the best of your knowledge and belief." 
 
 And it shall be the duty of the clerks of election to write on the poll 
 books, at the end of such person's name, "sworn." 
 
 Sec. 32. [Residence defined.] The judges of election, or in 
 cities of the first and second class the registrars of voters, in determin- 
 
ELECTION LAWS OF NEBRASKA. 11 
 
 ing the residence of a person offering to vote, shall be governed by the 
 following rules, so far as the same may he applicable: First— That place 
 shall be considered and held to be the residence of a person in which his 
 habitation is fixed, without any present intention of removing there- 
 from, and to which, whenever he is absent, he has the intention of re- 
 turning. Second— A person shall not be considered or held to have lost 
 his residence who shall leave his home and go into another territory or 
 state, or county of this state, for temporary purposes merely, with the 
 intention of returning; Provided, That six months consecutive residence 
 in this state shall be necessary to establish a residence within the mean- 
 ing of this chapter. Third— K person shall not be considered and held 
 to have acquired a residence in any county of this state into which he 
 shall have come for temporary purposes merely without the intention 
 of making it his residence. Fourth— Jf a person remove to another terri- 
 tory or state, intending to make it his permanent residence, he shall be 
 considered and held to have lost his residence in this state. Fifth— 1£ 
 SL person remove to another state or territory intending to remain there 
 for an indefinite time, and as a place of present residence, he shall be 
 considered and held to have lost his residence in this state, notwith- 
 standing he may intend to return at some future period. Sixth— The 
 place where a married man's family resides shall generally be considered 
 and held to be his residence; but if it is a place of temporary establish- 
 ment only, or for transient purposes, it shall be otherwise. Seventh— If 
 a married man have his family fixed in one place, and he does business 
 in another, the former shall be considered and held to be the place of 
 his residence. Eighth— The mere intention to acquire a new residence, 
 without the fact of removal, shall avail nothing, nor shall the fact of 
 removal, without intention. Ninth— If a person shall go into another 
 territory or state, and while there shall exercise the right of a citizen by 
 voting, he shall be considered and held to have lost his residence in 
 this state. 
 
 Sec. 33. [Canvass.] When the poll is closed the judges shall 
 immediately proceed to canvass and ascertain the result of the election. 
 
 Sec. 34. [Same.] The canvass shall be public, and shall com- 
 mence by a comparison of the poll lists from the beginning, and a cor- 
 rection of any errors that may be found therein until they agree. The 
 poll books shall then be signed by the judges and attested by the clerks, 
 and the names therein contained shall be counted, and the number set 
 down at the foot of the poll books. 
 
 Sec. 35. [Opening ballot box— Excessive ballots.] The ballot 
 box shall then be opened, and the ballots, without being unfolded, shall 
 be counted by the judges. If the whole number of votes cast shall ex- 
 ceed the number of persons voting, as shown by the poll books, the said 
 ballots shall then be replaced in the ballot box, the box locked, and the 
 ballots therein thoroughly shaken. The box shall then be opened, and 
 one of the judges shall draw from the box as many ballots as there shall 
 have been cast exceeding the number as shown by the poll books, and 
 the number so withdrawn shall, without unfolding, be placed in a sepa- 
 rate envelope, sealed, marked "Excessive ballots," and sent with other 
 returns of election to the county clerk in the manner hereinafter pro- 
 vided. 
 
12 ELECTION LAWS OF NEBRASKA. 
 
 Sec. 36. [Counting vota.] After the poll books have been ex- 
 amined, compared, and signed, and the excessive ballots, if any, shall 
 have been withdrawn, sealed up, and endorsed, the ballots remaining 
 in the box shall be taken out by one of the judges, and the canvass shall 
 be continued by the judges announcing to the clerk the number of votes 
 each candidate balloted for shall have received, after which the ballots 
 shall be strung upon a strong thread. 
 
 Sec. 37. [Clerk's tally list.] The clerks shall enter upon the 
 tally list of the poll books, to the right of the names of the persons voted 
 for, all the votes as declared read by the judges. The clerks shall ex- 
 press in figures at the end of the tally list of each candidate, within a 
 circle close up to the last tally, the total number of votes cast for said 
 candidate, as follows: 
 
 w.E.Ar„.id l^|>n^H1Wl^H1lHlLH1LH1LH1® 
 iii<b.di.iia,k LHILKlLHIUflLHIUflLHIII @ 
 
 Sec. 38. [Double ballots.] If two or more ballots are found so 
 folded together as to convince the judges that they were cast as one, 
 they shall not be counted, but they shall have the words ** rejected as 
 double" written upon them, be folded together again, and kept as herein 
 directed. 
 
 Sec. 39. [Designation of office.] If, at any stage of the canvass, 
 a ballot not stating for what office the person therein named is voted 
 for is found in the box, when officers of different kinds are to be elected, 
 it is to be rejected and disposed of as hereinafter directed. 
 
 Sec. 40. [Excess of names on ballot.] Whenever a ballot shall 
 contain a greater number of names for any one office than the number 
 of persons required to fill that office, it shall be deemed fraudulent as 
 to the whole of the names for that office, but no further; and shall be 
 endorsed, ''rejected as to office of ," and disposed of as herein- 
 after directed; and no ballot shall be deemed fraudulent because it con- 
 tains a less number of names than are authorized to be inserted. 
 
 Sec. 41. [Surname of candidate.] If at any stage of the can- 
 vass a ballot shall be found having correctly written or printed thereon 
 the surname of any person for any office, who shall be a candidate for 
 such office at said election, and there shall be no other candidate for the 
 same office having the same surname, such ballot shall be counted for 
 such candidate, although the initial letter or letters or first name or 
 names, written or printed before his surname may not be those properly 
 belonging thereto; but if there shall be two or more candidates at said 
 election for the same office having the same surname, and such initial 
 letter or letters or first name or names, written or printed on said ballot, 
 shall properly belong to neither of the candidates, such ballot shall be 
 rejected and disposed of as hereinafter directed. A candidate within 
 the meaning of this section is any person intentionally voted for at any 
 election. 
 
 Sec. 42. [List of persons voted for.] When all the votes shall 
 have been examined and counted, the clerks shall set down in the form 
 in their poll books the name of every person voted for, written at full 
 
ELECTION LAWS OF NEBRASKA. 13 
 
 length, the office for which such person received such vote or votes, and 
 the number of votes he received, which number shall be expressed in 
 words at full length. 
 
 Sec. 43. [Returns of election.] Upon the completion of the 
 canvass, the judges of election shall seal up in a package all the ballots 
 counted, together with ballots marked as rejected, and marked the same 
 * 'ballots cast." They shall also enclose one of the poll books in an 
 envelope or cover, and seal the same. The poll books thus sealed, the 
 package marked ** ballots cast," and "excessive ballots," if any there 
 be, shall be securely bound together, and directed to the county clerk. 
 The packages thus bound together shall be conveyed to the county clerk 
 by one of the judges or clerks of election, within four days from the 
 close of the polls. The clerk shall give a receipt stating that the poll 
 books and ballots have been received and deposited with him. 
 
 Sec. 44. [Care of poll books.] In counties not under township 
 organization, the other poll book shall be deposited with one of the 
 judges, to be appointed by the said judges to receive the same, and it 
 shall be subject to the inspection of any elector who may wish to ex- 
 amine the same during the period of six months after such election shall 
 have been held. In counties under township organization, in townships^ 
 constituting a single precinct, the judges of election shall certify the 
 result as to township officers immediately after footing up the result of 
 the canvass on the poll books, and file such certificate, together with tlie^ 
 other poll books, in the office of the town clerk ; but where there are twcJ 
 or more election precincts in a township, the township board shall meet 
 on the day after the election, and canvass the vote given for township 
 officers as shown by the returns from the precincts, and the township 
 board shall issue certificates of election accordingly. 
 
 Sec. 45. [Tie vote for township office.] Where there is a tie 
 between two persons for a township office, the clerk shall notify them to 
 appear at his office at a given time to determine the same by lot before 
 the board, and the certificate of election is to [be] given accordingly. If 
 either party fail to appear, or to take part in the lot the clerk shall draw 
 for him. 
 
 Sec. 46. [County canvass.] Upon the reception of the returns 
 of each election precinct, township, or ward by the county clerk, directed 
 to him as hereinbefore provided, and within six days after the closing 
 of the polls, he, together with two disinterested electors of the county, 
 to be chosen by himself, shall open the poll books and from the returns 
 therein make abstracts of the votes cast in the following manner: Of 
 votes for governor, lieutenant-governor, members of congress, secretary 
 of state, auditor of public accounts, state treasurer, attorney-general, 
 state superintendent of public instruction, commissioner of public lands 
 and buildings, and district attorneys on one sheet; of votes for presi- 
 dential electors, on another sheet; of votes expressing the choice of 
 electors for United States senator, on another sheet ; of votes for judges 
 of the supreme and district courts and regents of the university, on an 
 other sheet; of votes for members of the legislature from the county 
 alone, on another sheet; of votes for members of the legislature by dis- 
 tricts comprising more than one county, on another sheet; and of votes 
 
14 ELEOnON LAWS 07 NBBBAfiEA. 
 
 for county, precinct, and township officers on another sheet. The fore- 
 going abstracts shall be preserved by the county clerk in his office. 
 {Amended 1889, chap. 55.] 
 
 Seo. 47. [Completion of canvass.] Upon the completion of the 
 canvass the poll books shall be again sealed up, and together with the 
 sealed packages of ballots, still unopened, securely bound in one package, 
 shall be deposited in the office of the county clerk, where they shall be 
 safely kept for twelye months, and the county clerk shall not allow the 
 same to be inspected, unless in cases of contested elections, or the same 
 l^ecome necessary to be used in evidence in the courts, and then only by 
 ihe person and in the manner provided by law. 
 
 Sec. 48. [Certificate of election.] The county clerk shall make 
 •out a certificate of election to each of the persons having the highest 
 number of votes for the several county, precinct, and township officers, 
 and members of the legislature from the county alone. [Amended 1889, 
 (Chap. 55.] 
 
 ' Sec. 49. [Tie vote.] When there is a tie between two persons 
 for an office to be filled by the county alone, or by any precinct therein, 
 the clerk shall notify them to appear at his office at a given time to de- 
 termine the same by lot before the canvassing board, and the certificate 
 'S election is to be given accordingly. If either party fail to appear or to 
 take part in the lot, the county clerk shall draw for him. 
 
 Sec. 50. [Returns in legislative district.] When two or more 
 ■counties are embraced in one senatorial or representative district, the 
 •clerks of the several counties in said district shall, within seven days 
 after the election, transmit by mail or otherwise to the clerk of the 
 <jounty first named in the law designating the district a copy of the 
 abstract of all the votes cast in the several counties composing such dis- 
 trict, for senator or representative, and the clerk of the county first 
 named in the law designating the district, on the reception of such ab- 
 stracts, shall select two disinterested electors, and the three shall com- 
 pare the votes given in the several counties as shown by the abstracts 
 returned, and the said clerk shall make out and deliver to the person 
 having the highest number of votes for the senate or house of repre- 
 sentatives a certificate of election, which shall be delivered to the proper 
 person, or his agent, when called for. 
 
 Seo. 51. [Canvass of vote for state officers.] The votes cast for 
 governor, lieutenant-governor, members of congress, secretary of state, 
 auditor of public accounts, state treasurer, state superintendent of public 
 instruction, attorney-general, commissioner of public lands and build- 
 ings, and district attorneys, and votes cast expressing the choice of 
 electors for United States senators, shall be canvassed by the legislature 
 at its next regular session. A copy of the abstract of votes cast for such 
 officers shall be sealed up by the county clerk immediately upon the 
 completion of the canvass, endorsed, "abstract of votes cast for officers 
 
 of the executive department, from county," or, "abstract of 
 
 votes cast expressing the choice of electors for United States senator 
 
 from county," and addressed to "the speaker of the house of 
 
 representatives. * * 
 
BLBOTION LAWS OF NEBRASKA, 
 
 15 
 
 Sec. 52. [Duplicate abstracts.] The county clerk shall at the 
 same time envelope and seal up a duplicate copy of the same abstracts 
 directed to the secretary of state, and all of th« abstracts shall be placed 
 in one envelope and addressed to the secretary of state, who shall pre- 
 serve the ones addressed to ''the speaker of the house of representa- 
 tives " unopened, until the meeting of the legislature, and from the dupli- 
 cate copies prepare a tabular sheet of the votes cast for such officers and 
 preserve the same for the use of the legislature in making the official 
 canvass as required by the constitution. 
 
 Sec. 53. [Canvass for electors, judges, and regents.] The votes 
 cast for presidential electors, judges of the supreme and district courts,, 
 and regents of the university shall be canvassed by a board of state can- 
 vassers consisting of the governor, secretary of state, auditor of public- 
 accounts, treasurer, and attorney-general, and a copy of the abstracts 
 of votes cast for such officers shall be made by the county clerks, sealed 
 up, directed to the secretary of state, and endorsed, ** election returns' 
 for the offices of ." 
 
 Sec, 54. [Abstracts delayed.] If the abstracts from any 
 county are not received at the office of the secretary or state by the 
 second Monday after the day of election, the secretary is authorized to 
 send a messenger to the clerk of such county, at the expense of such 
 county, who shall furnish such messenger with the abstracts, or, if they 
 have been sent, with a copy of them, and he shall return them to the 
 secretary without delay. If the abstracts were delayed by reason of the^ 
 fault or neglect of the clerk, he shall be responsible to the county for 
 the costs of the messenger. 
 
 Sec. 55. [Abstracts preserved.] The abstracts of votes to be 
 canvassed by the board of state canvaasers shall be kept in the office of 
 the secretary of state, and shall only be opened in the presence of such 
 board at the time provided in the following section. 
 
 Sec. 56. [Meeting of state board.] The board of state canvass- 
 ers shall meet at the office of the secretary of state on the third Monday 
 after the election; and in case all of said returns shall not have then 
 be [en] received at the office of the secretary of state, the board may 
 adjourn from day to day, until the same shall have been received^ not 
 exceeding five days. 
 
 Sec. 57. [Abstract by state board.] They shall make an ab- 
 stract stating the number of ballots cast for each office, the names of all 
 the persons voted for, for what office they respectively received the votes,, 
 and the number of votes each received, in words at length, and stat- 
 ing whom they declare to be elected to the office, which abstract shall 
 be signed by the canvassers in their official capacity, and as state can- 
 vassers, and have the seal of the state affixed, but should any two or 
 more persons be returned with an equal and the highest vote, the board 
 shall decide by lot which of said persons is elected. 
 
 Sec. 58. [Record.] The secretary shall record the abstract in 
 a book to be kept by him for recording the result of the state elections 
 and to be called the election book, and also file the abstract. 
 
 Sec. 59. [Certificate.] A certificate shall be prepared for each 
 person elected, in substance as follows: 
 
16 election laws of nebraska. 
 
 State of Nebraska. 
 
 At an election holden on the day of A. B. 
 
 was elected to the office of , for the term of years from 
 
 the (or, if to fill a vacancy, say for the residue of the term end- 
 ing on the day of A. D. ). 
 
 Given at Lincoln this day of A. D. . 
 
 Such certificate shall be signed by the governor, under the seal of 
 the state, and countersigned by the secretary of state. 
 
 ELECTORS of PRESIDENT AND VICE PRESIDENT. 
 
 Sec. 60. [Certificate to presidential electors.] The certificate 
 of election for presidential electors shall be served on each person 
 elected, notifying him to attend at the seat of government at noon of the 
 Saturday preceding the second Monday of January next after his elec- 
 tion, and report himself to the governor as in attendance. [Amended 
 1889, chap. 56.] 
 
 Sec. 61. [Meeting of electors.] The electors so attending shall 
 meet at noon of the said Saturday, and the governor shall provide each 
 of til em a list of all the electors, and in case of the absence of any elector 
 or if the proper number of electors shall for any cause be deficient, those 
 present shall forthwith elect from the citizens of the state so many per- 
 rons as will supply the deficiency, and immediately issue a certificate 
 . 'f election, signed by those present, or a majority of them, to the per- 
 son so chosen. In case of failure to elect by noon of the following day, 
 the governor shall fill the vacancies by appointment. [Id.] 
 
 Sec. 62. [Same.] The college of electors being full, shall meet 
 at the capital at noon of the said second Monday of January, and pro- 
 ceed to the election in conformity with the constitution of the United 
 States. [Id.] 
 
 Sec. 63. [Compensation.] The electors shall receive a com- 
 pensation of five dollars for every day's attendance, and the same mile- 
 age as members of the legislature. 
 
 ON CONTESTING ELECTIONS. 
 
 Sec. 64. [Contesting elections.] The election of any person to 
 any public office, the location or relocation of a county seat, or any 
 proposition submitted to a vote of the people may be contested. 1. For 
 mal-conduct, fraud, or corruption on the part of the judges of election in 
 any precinct, township, or ward, or of any board of canvassers, or any 
 member of either board sufficient to change the result. 2. When the in- 
 cumbent was not eligible to the office at the time of the election. 3. 
 When the incumbent has been convicted of felony, unless at the time of 
 the election he shall have been restored to civil rights. 4. Wlien the in- 
 cumbent has given or offered to any elector, or any judge, clerk, or can- 
 vasser of the election, any bribe or reward in money, property, or any- 
 thing of value for the purpose of procuring his election. 5. When illegal 
 votes have been received or legal votes rejected at the polls sufficient 
 to change the result. 6. For any error in any board of cnuvnssera in 
 counting the votes, or in declaring the result of the election if the error 
 
ELECTION LAWS OF NEBRASKA. 17 
 
 would change the result. 7. When the incumbent is in default as a 
 collector and custodian of public money or property. 8. For any other 
 cause which shows tliat another person was legally elected. 
 
 Sec. 65. ["Incumbent" defined.] The term ''incumbent" in 
 this chapter means the person whom the canvassers declare elected. 
 
 Sec. 66. [Misconduct of judges of election.] When the miscon- 
 duct comj^lained of is on the part of the judges of election, it shall not 
 be held sufficient to set aside the election unless the vote of the precinct, 
 township, or ward would change the result as to that office. 
 
 Sec. 67. [Contests for executive officers.] The legislature in 
 joint meeting shall hear and determine cases of contested election for 
 all officers of the executive department. The meeting of the two houses, 
 to decide upon such elections, shall be held in the hall of the house of 
 representatives, and the speaker of the house shall preside. 
 
 Sec. 68. [Legislative officers.] The senate and house of repre- 
 sentatives shall severally hear and determine contests of the election of 
 their respective members. 
 
 Sec. 69. [Judicial officers.] The supreme court shall hear and 
 determine contests of the election of judges of the supreme court, judges 
 of the district courts, district attorneys, and regents of the university; 
 and in case they shall disagree, the governor shall act with them in 
 determining the contest, but no judge of the supreme court shall sit 
 upon the hearing of any case in which he is a party. 
 
 Sec. 70. [County judges and questions, submitted to vote of 
 county.] The district courts of the respective counties shall hear and 
 determine contests of the election of county judge, and in regard to the 
 removal of county seats, and in regard to any other subject which may 
 by law be submitted to the vote of the people of the county, and the pro- 
 ceedings therein shall be conducted as near as may be hereinafter pro- 
 vided for contesting the election of county officers. 
 
 Sec. 71. [Officers.] The county courts shall hear and deter- 
 mine contest of all other county, township, and precinct officers, and 
 officers of cities and incorporated villages within the county. 
 
 Sec. 72. [State officers.] Whenever any elector of this state 
 chooses to contest the validity of the election of any of the officers of 
 the executive department of the state, or whenever any elector of tlie 
 proper county or district chooses to contest the election of any member 
 of the legislature from such county or district, such person shall give 
 notice thereof in writing, read such notice to and leave a copy thereof 
 with the person whose election he intends to contest, within twenty days 
 after the election; if the person can not be found in his district, then a 
 copy to be left at his last place of residence in the district, naming the 
 points on which the election shall be contested, and the name of some 
 person authorized by law to administer oaths, selected by him to take 
 the depositions, and the time and place for the taking of the same; the 
 adverse party may also select one such person on his part to attend at 
 the time and place of taking such depositions. 
 
 Sec. 73. [Notice.] The notice provided for in the preceding 
 section shall be served at least ten days before the day fixed for the 
 taking of depositions. The said two persons selected as aforesaid to 
 
18 ELECTION LAWS OF NEBRASIsA. 
 
 take the depositions shall proceed jointly, or in default of either one of 
 such persons to attend at the time and place fixed upon, the one attend- 
 ing shall proceed to hear and reduce to writing the testimony of all wit- 
 nesses who may be produced by either of said parties, and may adjourn 
 from da}^ to day until all said testimony shall have been taken and re- 
 duced to writing; Provided, Tliat such testimony shall be finally closed 
 on or before the 29th of December following. 
 
 Sec. 74. [Testimony sealed and sent to secretary of state.] No 
 testimony shall be received by the person officiating at the taking of the 
 depositions on the part of the contestant which does not relate to the 
 points specified in the notice, a copy of which notice shall be delivered 
 to the person or persons so officiating, and said testimony, together with 
 a copy of the notice, when taken, shall be certified by the person or per- 
 sons before whom the same is taken, enveloped, sealed up, endorsed 
 ** depositions taken in the matter of the contest of the election of A. B., 
 
 to the office of ," and directed to the secretary of state, who 
 
 shall preserve the same, unopened, till the meeting of the legislature. 
 
 Sec. 75. [Ballots, etc., to be transmitted.] If, at the time of 
 taking depositions to be used before the legislature, or either branch 
 thereof, in the case of a contested election, the notice shall allege that it 
 is necessary for the determination of such contest that the ballots or the 
 poll books of any election district or districts should be inspected, the 
 officer or officers before whom such depositions shall be taken shall, on 
 the request of either party to the contest, issue an order requiring the 
 county clerk, or other person in whose custody or possession the ballots 
 or poll books may be, naming the district or districts mentioned in the 
 notice, to deliver them to the person or persons therein named, who shall 
 deliver them to the person or persons issuing such order. Such officer 
 or officers shall transmit such ballots or poll books, unopened, in the 
 same envelope with the depositions as provided in the preceding section. 
 
 Sec. 76. [Papers delivered to presiding officers of senate and 
 house.] On the second day of the organization of the legislature, the 
 secretary of state shall deliver to the speaker of [the] house all papers 
 relating to contested elections of executive officers, and to the presiding 
 officers of each house all papers relating to contested elections of the 
 members of their resnective houses. 
 
 Sec. 77. [Meeting of houses.] Upon the reception by such 
 presiding officers of papers relating to contested elections, they shall 
 immediately give notice to their respective houses that such papers are 
 in their possession. Where the papers relate to the contest of any execu- 
 tive state officer, the house of representatives shall notify the senate, aud 
 a day shall be fixed by both houses by concurrent resolution for the 
 uniting of the two houses to decide upon the same, in which decision 
 the yeas and nays shall be taken and entered upon the journal. 
 
 Sec. 78. [Opening papers.] The papers relating to any such 
 contest shall be opened only in the presence of the body by the presiding 
 officer to whom the same shall be delivered. If ballots or poll books are 
 contained therein, they shall, after being opened, remain in the custody 
 of such presiding officer, subject to the inspection of the members, unless 
 they shall by vote be temporarily committed to the chairman of a com- 
 
ELECTION LAWS OF NEBRASKA. 19 
 
 mittee, in which case such chairman shall return them to the proper pre- 
 siding oflScer; and they shall, upon the decision of the contest, be again 
 sealed up in an envelope and returned by mail or otherwise to the office 
 of the county clerk in which they were first required to be filed. 
 
 Sec. 79. [Evidence preserved.] All the evidence in any con- 
 test provided for in the last preceding section, except ballots or poll 
 books, shall, after a decision thereof, be preserved in the office of the 
 secretary of state. 
 
 Sec. 80. [Contests relative to other officers.] The election of 
 any person declared elected to any office other than executive state 
 officers and members of the legislature may be contested by any elector 
 of the state, judicial district, county, township, precinct, city, or incor- 
 porated village in and for which the person is declared elected. 
 
 Sec. 81. [Complaint.] The contestants shall file in the proper 
 court, within twenty days after the votes are canvassed, a complaint, 
 setting forth the name of the contestant, ^nd that he is an elector com- 
 petent to contest such election, the name of the incumbent, the office 
 contested, the time of the election, and the particular causes of contest, 
 which complaint shall be verified by the affidavit of the contestant that 
 the causes set forth are true as he verily believes. The contestant must 
 also file a bond, with security to be approved by the clerk of the 
 court, or county judge, as the case may be, conditioned to pay all costs 
 in case the election be confirmed, the complaint dismissed, or the prose- 
 cution fail. 
 
 Sec. 82. [Contents of complaint.] When the reception of il- 
 legal or the rejection of legal votes is alleged as a cause of contest, the 
 names of the persons who so voted, or whose votes were rejected, if 
 known, with the precinct, township, or ward where they voted or offered 
 to vote, shall be set forth in the complaint. 
 
 Sec. 83. [Summons.] Upon the filing of such complaint, sum- 
 mons shall issue against the person whose office is contested, in the same 
 manner as in civil actions, and a copy of the complaint shall in all cases 
 accompany the summons. 
 
 Sec. 84. [Trial.] The cause shall stand for trial at the ex- 
 piration of thirty days from the time of service of the summons and 
 complaint, if the court shall then be in session; otherwise, on the first 
 day of the next term thereafter. 
 
 Sec. 85. [Same.] The trial shall proceed at the time ap- 
 pointed unless postponed for good cause shown by affidavit, the terms 
 of which postponement are in the discretion of the court. 
 
 Sec. 86. [Proceedings.] The proceedings shall be assimilated 
 to those in an action, so far as practicable, but shall be under the control 
 and direction of the court, which shall have all the powers necessary to 
 the right hearing and determination of the matter, to compel the at- 
 tendance of witnesses, swear them and direct their examination; to 
 punish for contempt in its presence, or by disobedience to its lawful 
 mandate, to adjourn from day to day, to make any order concerning im- 
 mediate costs, and to enforce its orders by attachment. It shall be gov- 
 erned by the rules of law and evidence applicable to the case. 
 
20 ELECTION LAWS OF NEBRASKA. 
 
 Seo. 87. [Testimony.] The testimony may be oral, or by 
 depositions taken as in other actions in the court where the cause is 
 tried. Subpoenas for witnesses may be issued as in other cases, any 
 time after the filing of the complaint. 
 
 Sec. 88. [Amendments.] The proceedings shall not be dis- 
 missed for want of form, if the particular causes of contest are alleged 
 with such certainty as will sufficiently advise the incumbent of the real 
 grounds of contest. If any part of the causes are held insufficient, they 
 may be amended, but the incumbent will be entitled to an adjourn- 
 ment if he state on oath that he has matter of answer to the amended 
 causes, for the preparation of which he needs further time. Such ad- 
 journment shall be upon such terms as the court deem reasonable; 
 but if all the causes are held insufficient, and an amendment is asked, 
 the adjournment shall be at the cost of the contestant. If no amend- 
 ment is asked for or made, or in case of entire failure to prosecute, the 
 proceedings may be dismissed. 
 
 Sec. 89. [Process— Fees.] The style, form, and manner of 
 service of process and papers, and the fees of officers and witnesses shall 
 be the same as in other cases in the court where the cause is tried. 
 
 Sec. 90. [Compelling witness to testify.] The court may re- 
 quire any person called as a witness who voted at such election to 
 answer touching his qualifications as a voter; and if he was not a 
 qualified voter in the county where he voted, then to answer for whom 
 he voted; and if the witness answer such questions, no part of his 
 testimony on that trial shall be used against him in any criminal action. 
 
 Sec. 91. [Inspection of ballots by court.] If an inspection of 
 the ballots or poll books of any election district in this state shall be- 
 come necessary for the determination of any election contest before any 
 court, the presiding judge thereof may by order, naming the district 
 or districts, require the proper officer to procure the same from the 
 county clerk, or other person in whose possession or custody the same 
 may be, and such clerk or person shall deliver the same to said officer, 
 who shall deliver them unopened to such presiding judge. 
 
 Sec. 92. [Same.] The presiding judge shall open and inspect 
 the same in open court, in the presence of the parties or their attorneys, 
 and immediately after such inspection shall again seal them in an 
 envelope and return them by mail or otherwise to the office of the 
 county clerk in which they were at first required to be filed. 
 
 Sec. 93. [Costs.] The contestant and the incumbent are liable 
 to the officers and witnesses for the costs made by them respectively. 
 But if the election be confirmed, or the complaint be dismissed, or the 
 prosecution fail, judgment shall be rendered against the contestant 
 for costs; and if the judgment be against the incumbent, or the election 
 be set aside, it shall be against him for costs. 
 
 Sec. 94. [Judgment.] The judgment of the court in cases 
 of contested election shall confirm or annul the election according to 
 the right of the matter: or in case the contest is in relation to the election 
 of some person to an office, shall declare as elected the person who shall 
 appear to be duly elected. 
 
BLBOTION LAWS OF NEBRASKA. 21 
 
 Sec. 95. [Tie vote.] If it appears that two or more persons 
 have— or would have had if the legal ballots cast or intended to be 
 cast for them had been counted— the highest and an equal number 
 of votes for the same office, the persons receiving such votes shall de- 
 cide by lot, in such manner as the court shall by written order direct, 
 which of them shall be declared duly elected; and the judgment. shall 
 be entered accordingly. 
 
 Sec. 96. [Judgment of ouster.] When either the contestant or 
 incumbent shall be in possession of the office, by holding over or 
 otherwise, the court shall, if the judgment be against the party so in 
 possession of the office and in favor of his antagonist, issue an order 
 to carry into effect the judgment of the court, which order shall be 
 under the seal of the court, and shall command the sheriff of the county 
 to put the successful party into possession of the office without delay, 
 and to deliver to him all books and papers belonging to the same; and 
 the sheriff shall execute such order as other writs. 
 
 Sec. 97. [Election declared void.] When the person whose 
 election is contested is found to have received the highest number of 
 legal votes, but the election is declared null by reason of legal dis- 
 qualification on his part, or for other causes, the person receiving the 
 next highest number of votes shall not be declared elected, but the 
 election shall be declared void. 
 
 Sec. 98. [Appeal.] The party against whom judgment is ren- 
 dered in cases tried in the county and district court may appeal to the 
 district or supreme court, and if the appellant be in possession of the 
 office, such appeal shall not supersede the execution of the judgment 
 of the court as provided in the preceding section unless he give a 
 bond with security, to be approved by the court, in a sum to be fixed 
 by the court, and which shall be at least double the probable com- 
 pensation of such officer for six months, which bond shall be con- 
 ditioned that he will prosecute his appeal without delay, and that if 
 the judgment appealed from be affirmed, he will pay over to the suc- 
 cessful party all compensation received by him while in possession of 
 said office after the judgment appealed from was rendered; and said 
 bond shall contain the express consent that judgment may be rendered 
 against the sureties on the appeal as provided in the following section. 
 
 Sec. 99. [Judgment against sureties.] If upon the appeal the 
 judgment be affirmed, the appellate court shall render judgment against 
 the appellant and the sureties on his bond, or either of them, for the 
 amount which the appellee is entitled to recover from the appellant 
 on account of such contest, together with costs; but in such case the 
 sureties, or either of them, shall be entitled to produce and examine 
 witnesses concerning the amount of such recovery. 
 
 Sec. 100. [Appeal bond.] If upon appeal the appellant shall 
 not be in possession of the office, he shall give bond, with security to be 
 approved by the court where the judgment is rendered, conditioned 
 to pay all costs that may be adjudged against him upon such appeal. 
 
 Sec. 101. [Vacancies.] Every civil office shall be vacant upon 
 the happening of either of the following events at any time before the 
 
22 BLBOTION LAWS OF NEBRASKA. 
 
 expiration of the term of such office, as follows: 1. The resignation of 
 the incumbent. 2. His death. 3. His removal from office. 4. The de- 
 cision of a competent tribunal declaring his office vacant. 5. His ceasing 
 to be a resident of the state, district, county, township, precinct, or 
 ward in which the duties of his office are to [be] exercised, or for 
 which he may have been elected. 6. A failure to elect at the proper 
 election, there being no incumbent to continue in office until his successor 
 is elected and qualified, nor other provisions relating thereto. 7. A for- 
 feiture of office as provided by any law of the state. 8. Conviction 
 of an infamous crime, or of any public offense involving the violation 
 of his oath of office. 9. The acceptance of a commission to any military 
 office, either in the militia of this state, or in the service of the United 
 States, which requires the incumbent in the civil office to exercise his 
 military duties out of the state for a period not less than sixty days. 
 
 Sec. 102. [Resignations.] Resignations of civil officers may 
 be made as follows: 1. By the governor to the legislature, if in session; 
 if not, to the secretary of state. 2. By senators and representatives in 
 •congress, and by all officers elected by the qualified voters of the state, 
 and by judges of the supreme and district courts, district attorneys and 
 regents of the university, to the governor. 3. By members of the 
 senate and house of representatives, to the presiding officers of their 
 respective bodies, if in session, who shall immediately transmit in- 
 formation of the same to the governor; if such bodies are not in ses- 
 sion, to the governor. 4. By all county and precinct officers, to the 
 county board; and by members of the county board, to the county 
 clerk. 5. By all township officers, to the township clerk; and by the 
 township clerk, to the town board. 6. By all officers holding appoint- 
 ment, to the officer or body by whom they were appointed. Such 
 resignations shall not tal*e effect until accepted by the board or officer 
 to whom the same is made. 
 
 Sec. 103. [Filling vacancies.] Vacancies shall be filled in the 
 following manner: In the office of the reporter of the supreme court, 
 by the supreme court. In all other state and judicial district offices, 
 and in the membership of any board or commission created by the 
 state, where no other method is specially provided, by the governor. 
 In county and precinct offices, by the county board; and in the mem- 
 bership of such board by the county clerk, treasury, and judge. In 
 township offices, by the town board, but where the offices of the town 
 board are all vacant the clerk shall appoint, and if there be no town 
 clerk, the county clerk shall appoint. In city and village offices, by 
 the mayor and council or board of trustees. [Amended 1883, chap. 
 
 XLn.] 
 
 Sec. 104. [Expiration of tenn fixed.] Every officer elected or 
 appointed for a fixed term shall hold office until his successor is elected, 
 or appointed and qualified, unless the statute under which he is elected 
 or appointed expressly declares the contrary. This section shall not 
 be construed in any way to prevent the removal or suspension of such 
 officer during or after his term in cases provided by law. 
 
 Seo. 105. [Appointments.] Appointments under the provis- 
 ions of this chapter shall be in writing, and continue until the next 
 
ELECTION LAWS OP NEBRASKA. 23 
 
 election at which the vacancy can be filled and nntil a successor is 
 elected and qualified, and be filed with the secretary of state, or proper 
 township clerk, or proper county clerk respectively. 
 
 Sec. 106. [PoEsession of property.] When a vacancy occurs 
 in a public office, possession shall be taken of the office room and of 
 the books, papers, and all things, pertaining to the office, to be held 
 until the election or appointment and qualification of a successor, as 
 follows: Of the office of county clerk by his deputy, if there be one; 
 if not, by the county judge; and in case of any delay in the election 
 or appointment of a successor to the county clerk, his deputy shall 
 continue to discharge the duties of the office, being responsible for the 
 conduct and management thereof upon his official bond. Of the office 
 of county treasurer, by the sheriff. Of any of the state officers, by the 
 governor, or in his absence or inability at the time of the occurrence, 
 as follows: Of the secretary of state, by the treasurer. Of the auditor 
 of public accounts, commissioner of public lands and buildings, and 
 superintendent of public instruction, by the secretary of state. Of 
 the treasurer, by the secretary of state and auditor of public accounts, 
 who shall make an inventory of the money and warrants therein, sign 
 the same, and transmit it to the governor, if he be in the state; and 
 the secretary of state shall take the keys of the safes and desks, after 
 depositing the books, papers, money, and warrants therein, and the 
 auditor shall take the keys of the office room. 
 
 Sec. 107. [Vacancies.] Vacancies occurring in any state, 
 judicial district, county, precinct, township, or any public elective office, 
 thirty days prior to any general election, shall be filled thereat. Vacan- 
 cies occuring in the office of county judge or justice of the peace shall 
 be filed by election, but when the unexpired term does not exceed 
 one year the vacancy shall be filled by appointment, as provided in 
 section one hundred and three. Vacancies occuring in the office of any 
 police magistrate in cities where the unexpired term does not exceed 
 one year shall be filled by appointment, but vacancies occurring in such 
 office less than thirty days prior to any city election, and where the 
 unexpired term exceeds one year, shall be filled by special election. And 
 any person so appointed or elected under the provisions of this section 
 shall hold his office for the unexpired term. [Amended 1883, chap. 
 XLH.] 
 
 Sec. 108. [Congress or member of legislature.] When a 
 vacancy occurs in the office of representative in congress, or members 
 of the legislature, and the body in which such vacancy exists will con- 
 vene prior to the next general election, the governor shall order a 
 special election to fill such vacancy at the earliest practicable time, and 
 ten days notice of such election shall be given. 
 
 Sec. 109. [Special elections.] The provisions relating to gen- 
 eral elections shall govern special elections, except where otherwise pro- 
 vided for. 
 
 Sec. 110. [Canvass.] In all cases where special elections are 
 held to fill vacancies in offices mentioned in the preceding subdivision, 
 the board of canvassers shall meet at twelve o 'clock, m., on the third day 
 
24 ELECTION LAWS OF NEBRASKA. 
 
 after said election, to canvass the votes cast at snch election, and the 
 county clerk, within four days after any special election for a member 
 of the legislature, or representative in congress, shall transmit to the 
 secretary of state an abstract of the votes cast at said election, if there 
 be more than one county in the district. 
 
 Sec. 111. [State board.] Within ten days after said election 
 in the case last mentioned, the board of state canvassers shall meet 
 and canvass the votes cast to fill such vacancy, and if the returns have 
 not been received from all the counties composing said district, they 
 may adjourn to such day as they deem necessary, not exceeding five, 
 for the purpose of receiving said returns. 
 
 Sec. 112. [Repealing clause.] 
 
 Sec. 113. [Provided for act to take effect Sept. 1, 1879.] 
 
 Sec. 114. [Where county clerk is candidate.] That whenever 
 the county clerk of any organized county of this state shall be a can- 
 didate for any office created by the laws of this state, or for a member 
 of the legislature of the state, it shall be the duty of the probate judge 
 of the proper county to select two qualified electors of the county, 
 who, together with himself, shall constitute a board of canvassers to 
 canvass the vote polled for the office for which the then county clerk 
 was a candidate; Provided, That in the event of the probate judge 
 being a candidate for any office at the said election, the county clerk 
 shall canvass the votes as provided by law. [12 Sess. Terr., 1867, 18. 
 G. S., 365.] 
 
 Sec. 114(1. [Same.] The votes shall be so canvassed within 
 the time and in the manner now prescribed by law. [Id., § 2.] 
 
 Sec. 115. [Fraudulent ballot.] When at any general or 
 special election a ballot with a designated heading contains printed 
 thereon, in place of another, a name not found on the regular ballot 
 having such heading, such name shall be regarded by the judges as 
 having been placed therein for the purpose of fraud, and the ballot 
 shall not be counted for the name so found. [1883, chap. XLIII.] 
 
 Sec. 116. [Penalty.] That any person causing ballots to be 
 printed with a designated heading containing a name or names not 
 found on the regular ballot having such heading, or any person know- 
 ingly peddling or distributing any such ballot with intent to have such 
 ballot voted at any such general or special election, shall be deemed 
 guilty of a misdemeanor, and shall, on conviction thereof, for each 
 offense be fined in any sum not less than fifty nor more than two hun- 
 dred dollars, and be imprisoned in the county jail not exceeding sixty 
 days. [Id., § 2.] 
 
 PRIMARY ELECTIONS. 
 
 Sec. 117. [Fraudulent voting, etc.] If at any political 
 primary election, held by any political party, organization, or associa- 
 tion in the state, any individual shall falsely personate and vote under 
 the name of any other person, or shall intentionally vote without the 
 right to do so, or shall willfully and wrongfully obstruct and prevent 
 others from voting who have the right so to do, at such primary, or shall 
 fraudulently and wrongfully deposit ballots in the ballot box, or take 
 
ELECTION LAWS OF NEBRASKA. 25 
 
 them therefrom, or shall commit any other fraud or wrong, tending to 
 defeat or affect the result of the election, he shall be deemed guilt}' of 
 a misdemeanor. [1887, chap. 40.] 
 
 Sec. 118. [Rules— Polls.] Political parties, organizations, or 
 associations in this state may adopt such rules and regulations and ap- 
 point presiding ofiScers and inspectors of election, at any primary 
 election that they deem just and proper; Provided, That in all 
 cities of the metropolitan, first and second class, the polls at all such 
 primary elections shall be opened at 12 o'clock noon, and closed at 7 
 o'clock in the afternoon, standard time, on the day on which such elec- 
 tions are held. [Id., § 2.] 
 
 Sec. 119. [Challenges— Oath— Party affiliation.] The vote or 
 ballot of any person offered at any such primary election shall, upon 
 challenge by any lawful voter thereat, be rejected unless he be sworn 
 as to his qualifications as a voter and his right to vote at such primary 
 election; and the presiding officer or any judge of such primary is 
 hereby empowered, and it shall be his duty, to administer an oath to 
 such person and to any other person offering to vote, as he may deem 
 advisable, which oath shall be as follows: 'You do solemnly swear 
 (or affirm) that you will true answers make to such questions as shall 
 be put to you by the presiding officer, or either of the judges of this 
 ; rimary election, touching your name and residence, and your qual- 
 ifications as an elector in this district, ward or precinct, whether you 
 have before voted at this primary election, and whether you have 
 affiliated with the party now holding this primary election and gen- 
 erally supported the candidates of such party at the last election. ' And 
 it shall be the duty of the presiding officer, or one of the judges of such 
 primary election (if required by the person challenging) to keep a 
 correct record of the interrogatories propounded by said presiding 
 officer or judge, to any person who shall have been duly sworn, as pro- 
 vided by this act, and also a correct record of the answers to all such 
 interrogatories, which record shall be forthwith deposited by him with 
 the clerk of the county in which such primary election is held. It is 
 hereby declared unlawful for any person to vote at any primary election 
 unless he shall have in the immediate past affiliated with the political 
 party holding such primary election and generally supported the can- 
 didates of such party at the last election, unless such person shall have 
 attained his majority since the last general election and shall declare 
 under oath that it is his intention and desire to affiliate with such 
 party in the future and to vote for its nominees at the next election. 
 [Id., § 3. Amended 1903, H. R. 236.] 
 
 Sec. 120. [Penalty.] In case the person so swearing shall in- 
 tentionally make false answer to any question so put to him by the 
 presiding officer or any inspector, or either of them, at such primary 
 election, he shall, upon conviction, be adjudged guilty of perjury, and 
 shall be punished by imprisonment in the penitentiary for a term not 
 less than one year, nor more than three years. [Id., § 4.] 
 
 Sec. 121. [Same— Officers.] If any person, acting as an 
 officer, inspector, teller, or canvasser at any such primary election shall 
 
26 ELECTION LAWS OF NEBRASKA. 
 
 knowingly receive the vote of any individual who shall have been 
 challenged, or who is known to him not to be entitled by the rules 
 or regulations of the association, organization, or political party holding 
 the primary election, to vote at such primary, unless the same shall first 
 be sworn in as aforesaid, or shall in any manner fraudulently and 
 wrongfully deposit or put any ballots into or take any from the ballot 
 box of any primary election, or shall fraudulently and wrongfully mix 
 any ballots with those cast at any primary election, or shall knowingly 
 make any false count, canvass, statement, certificate, or return of the 
 ballots cast or vote taken at said primary election, he shall be deemed 
 guilty of a misdemeanor. [Id., § 5.] 
 
 Sec. 122. [Bribery.] If any person who is entitled to vote, or 
 is elected a delegate at any such primary or convention, shall accept 
 or receive any money or valuable thing as a consideration for his vote 
 he shall be deemed guilty of a misdemeanor. [Id., § 6.] 
 
 Sec. 123. [Words construed.] The words "primary elec- 
 tion,'* as used in this act, shall be construed so as to embrace all elec- 
 tions, held by any political party, convention, organization, or asso- 
 ciation, or delegates therefrom, for the purpose of choosing candidates 
 for office or the election of delegates to other conventions, or for the 
 purpose of any political party, organization, convention, or association. 
 [Id., § 7.] 
 
 Sec. 124. [Qualifications of voters.] No person shall be en- 
 titled to vote at any primary election unless of the age of twenty-one 
 years, and a duly qualified voter under the laws of this state, and the 
 prescribed rules and regulations of the political party, organization, 
 «r association holding the primary election. [Id., § 8.] 
 
 Sec. 125. [Penalties.] The punishment of any of the offenses 
 in this act declared to be misdemeanors shall be a fine not exceeding five 
 hundred dollars, or imprisonment not exceeding one year, or both such 
 fine and imprisonment. [Id., § 9.] 
 
 Sec. 125a. [Primary elections— Definition.] A primary elec- 
 tion, within the meaning of this section, and as used in this act, is an 
 election held within the state, county, city, district, or subdivision 
 thereof, as the case may be, by the members of any political party, or 
 by the voters of some political faith, for the purpose of nominating can- 
 didates for office, or electing delegates to party conventions. [1899, 
 chap. 27.] 
 
 Sec. 125&. [Same— How held.] All primary elections held in 
 this state by the various political parties shall l)e held and conducted 
 in the same form and manner and under the same requirements as are 
 or shall be provided by law for the holding of regular state elections, 
 except as is herein otherwise provided. [Id., § 2.] 
 
 Sec. 125c. [Election offenses— Penalties.] Any act or deed 
 denounced an offense by the laws of this state concerning elections 
 shall also be an offense in all primary elections, and shall be punished 
 in the same form and manner as is provided for the punishment of simi- 
 lar offenses by the laws of this state; and all the penalties and provisions 
 of the laws of this state shall apply in such cases with equal force, and 
 shall be as effective as though fully set out in this section. [Id., § 3.] 
 
ELECTION LAWS OF NEBRASKA. ' 27 
 
 Sec. 125d. [Notice— Polls open.] Whenever it shall be desired 
 by the committee or governing authority of any political party to hold 
 a primary election under the provisions of this act, said committee 
 or governing authority shall, at least twenty days prior to such primary 
 election give public notice thereof, by posting such notice in at least 
 twenty public places in the county or district. Such notice shall state 
 the date of such proposed primary election, the offices for which can- 
 didates are to be nominated and the convention or conventions, if any^ 
 to which delegates are to be elected and the number of such delegates, 
 and the place at which polls will be opened at such primary elections; 
 Provided, That where a registration of voters is required the polls shall 
 be opened from 12 o'clock, noon, and close at 7 o'clock in the afternoon. 
 In precincts where no registration of voters is required the hours be- 
 tween which the polls shall be opened shall be fixed by the committee 
 or governing authority of the party holding such primary election. 
 [Id., § 4.] 
 
 Sec. 125e. [Voters.] That all persons who are legal voters 
 shall have the right to participate in such primary election, subject to 
 such additional political qualifications as may be prescribed herein or 
 by the committee. [Id., § 5.] 
 
 Sec. 125/. [Registration.] In order that none but those 
 affiliating with and being members of any political party shall par- 
 ticipate in any primary election held by such political party, a system 
 for the registration of such persons is hereby provided, and such regis- 
 tration shall be conducted in manner and form as follows: In all cities 
 and towns, of whatever class, in which a registration law is in force 
 under the provisions of the general law governing regular state elec- 
 tions, there shall be set aside on the regular registration books used 
 for the purpose of registering persons who are qualified to vote at the 
 next regular state election, space for the registration of all persons 
 who may desire to take part in any primary election held by any politi- 
 cal party. Such space shall be provided in the regular state registra- 
 tion books immediately following the last perpendicularly ruled column 
 in such books and shall be headed as follows: 'Party affiliation.' It 
 shall be the duty of the supervisors of such regular state registration 
 to ask each person who applies to be registered the question, 'AVliat 
 political party do you desire to affiliate with?' And the name of the 
 political party given by such person so applying to be registered shall 
 be recorded in the column provided in the books of registration for that 
 purpose. In case any person applying to be registered 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 registration for the pur- 
 pose of voting at any election held under the provisions of the general 
 election law, but shall debar him from voting at any primary election. 
 Tlie committee or governing authority of any political party desiring to 
 hold a primary election under the provisions hereof, or any person 
 or persons authorized by such committee or governing authority, shall 
 have the right to copy into books provided by the committee or gov- 
 erning authority the names of all persons registered on the regular 
 registration books as affiliating with such political party, a book being 
 
28 ELECTION LAWS OF NEBRASKA. 
 
 provided for each precinct or ward of the city or town, as fixed by the 
 committee or governing authority, in which it is proposed to hold any 
 such primary election, and the names of all persons so registered in 
 each precinct or ward on the regular state registration book or books, 
 shall be copied into the book or books provided, by the committee or 
 governing authority for such precinct or ward, together with the resi- 
 dence of each person so registered. In case the committee or gov- 
 erning authority of any political party, desiring to hold a primary 
 election under the provisions hereof, should decide to hold a primary 
 election previous to the time set for the registration of voters for that 
 y^ear under the provisions of the general registration law, the party 
 registration for the previous year shall govern at such primary elec- 
 tion, except as herein otherwise provided. Any person who failed to 
 be registered at the time or times provided by law next preceding the 
 holding of any such primary election because of being necessarily ab- 
 sent from the city or town of his residence during the entire time of 
 such regular state registration, or who was prevented therefrom by 
 reason of sickness, death or other calamity in his family or because 
 of not being of age at the time of the last general election, or any per- 
 son who has moved into such city or town since the date of the last 
 preceding regular state registration and who has resided continuously 
 in the ward or precinct in which he desires to vote at such primary 
 election for twenty days next preceding the date of such primary elec- 
 tion, and will be a legal voter at the next municipal, county or state 
 election, shall be allowed an opportunity to specially register in the 
 manner herein set forth, towit: He shall make affidavit, sworn to before 
 the city clerk, setting forth for which of the above reasons he failed to 
 register at the time provided by law for the regular state registration 
 and also his party politics and residence, and shall also procure the 
 affidavits, sworn to before the city clerk, of two or more well known and 
 reputable resident freeholders of the precinct or ward in which he de- 
 sires to vote setting forth the same facts as are contained in his affidavit. 
 Provided, that in all cases where illness is given as the cause for failure 
 to so register, the affidavit of some reputable physician setting forth 
 the facts thereof shall be required in addition to the affidavits above 
 provided for. Any person who shall have registered at the regular 
 state registration next preceding the date of such primary, but who 
 shall have subsequently removed from the ward in which he then lived 
 into another ward of such eity or town, and will have resided in such 
 latter ward for ten days next preceding the date of any such primary, 
 and who desires to vote at such primary election, shall go before the city 
 clerk and make affidavit of the fact of such previous registration and 
 such subsequent removal, giving likewise his former and present resi- 
 dence, and the city clerk shall inspect the registration book and if he 
 shnll find that such person was so registered as set forth, in his affidavit 
 and expressed his desire to affiliate with the party so holding such pri- 
 mary the city clerk shall issue to such person a certificate setting forth 
 the facts, and shall file such affidavit in the records of his office. In case 
 any person who was registered at the regularly api^ointed time for 
 registration, as affiliating with any political party, shall make applica- 
 
ELECTION LAWS OF NEBRASKA. ^ 
 
 tion to vote at any primary election held by sncli party, and his name 
 shall not be found upon the list of names copied from the regular regis- 
 tration books for such ward or precinct, he shall be entitled to procure 
 from the custodian of the regular registration books a certificate setting 
 forth the fact that his name does appear upon such registration book 
 as affiliating with the party holding such primary election. Any 
 person whose name shall appear upon the primary registration book 
 above provided for, or who shall present the affidavits above required 
 showing an excuse for not registering as above set forth and that he 
 has affiliated with the party holding such primary election, or who 
 shall present a certificate from the city clerk of his removal from one 
 ward to another since the last registration as above set forth, or who 
 shall present the certificate of the custodian of the regular registration 
 books that his name appears thereon as affiliating with such political 
 party as above set forth, shall be entitled to vote at such primary 
 election unless challenged, and if challenged he shall not be entitled to 
 vote unless the challenge is determined in his favor. It shall be the 
 duty of the officers of such primary election to register the name of 
 each person so presenting affidavits or a certificate as above provided 
 for in the registration book of the precinct or ward, and opposite each 
 name so registered at such primary election shall be entered the words 
 'Specially registered. All affidavits or certificates above provided for 
 shall be filed with the primary election officers in the ward or precinct 
 in which used, and shall be by said primary election officers deposited 
 with the committee or governing authority under whose control said 
 primary election was held at the same time the returns of the election 
 are deposited, and said returns, affidavits and certificates shall be re- 
 tained by said committee or governing authority for the period of one 
 year thereafter, and any person destroying or mutilating any such 
 certificate or affidavit within said period shall be deemed guilty of 
 a misdemeanor. Provided further, that in cities of the metropolitan 
 class it shall be the duty of the committee or governing authority of 
 any political party desiring to hold a primary under the provisions 
 of this act, to notify the city clerk in writing of the time and place of 
 the holding of such primary at least fifteen days before the date of 
 such primary, and also at least fifteen days before the date thereof 
 to publish a notice in some daily newspaper printed in such city 
 setting forth the time and place of holding such primary and the 
 objects and purposes for which the same is held. Provided further, 
 that in cities of the metropolitan class all affidavits required by this 
 act, and all certificates of removal from one ward to another as re- 
 quired by this act, shall be sworn to or procured by the persons desir- 
 ing to use the same at any such primary election at least ten days 
 before the date of such primary election, and it shall be the duty of 
 the city clerk of such city to provide a record, suitably arranged for 
 the purpose, in which he shall record the names, residence (giving street 
 and number or other designation so that the same may be readily as- 
 certained) and party affiliation of each person making affidavit for 
 the purpose of voting at any such primary election as provided in 
 this act or who shall procure a certificate of removal as provided herein^ 
 
30 BLBOnON LAWS OF NEBRASELA.. 
 
 and to cause a correct and true list of the names, residences and party 
 affiliations of all such persons to be published in the official paper 
 of such city at least seven days before the date of such primary, and 
 such register shall at all times be open to the inspection of the public. 
 I !d., § 6. Amended 1903, H. R. 236.] 
 
 Sec. 125g. [Same— Mutilating copy.] Upon the completion of 
 the copying of the names of all persons entitled to vote at any primary 
 election from the regular state registration books into the primary elec- 
 tion registration books, the person or persons copying such names shall 
 sign his or their name or names to the primary election registration book 
 or books immediately following the last name registered therein, and 
 anyone who shall thereafter add any name or names to the list of names 
 contained in such book or books, or who shall erase therefrom any name 
 or names, or who shall otherwise change or mutilate such book or 
 books, shall be guilty of a misdemeanor, and shall, upon conviction 
 thereof, be fined not less than one hundred dollars nor more than five 
 hundred dollars, or be imprisoned in the county jail not less than sixty 
 days nor more than one year. [Id., § 7.] , 
 
 Sec. 125/?. [Same— Duties of officers.] The person or persons 
 appointed by the committee or governing authority of any political 
 party to copy the names of those persons entitled to vote at any primary 
 election from the regular state registration books into the primary reg- 
 istration books shall, before entering upon the discharge of such duty, 
 be sworn by some officer authorized by law to administer an oath, to 
 faithfully and honestly discharge such duty, and any person so ap- 
 pointed by the committee or governing authority of any political party 
 to copy such names who shall register any name or names in such 
 primary registration book or books not registered in the regular state 
 registration book or books, or who shall wilfully refuse to copy any 
 name or names entitled to be so copied from the regular state registra- 
 tion book or books into the primary registration book or books, shall be 
 guilty of a misdemeanor, and shall, upon conviction thereof, be fined not 
 less than one hundred dollars nor more than five hundred dollars, or be 
 imprisoned in the county jail not less than sixty days nor more than one 
 year. [Id., § 8.] 
 
 Sec. 125i. [Same— Qualified voters.] The person or persons ap- 
 pointed by the committee or governing authority of any political party 
 to copy the names of those persons entitled to vote at any primary elec- 
 tion to be held by such political party from the state registration book 
 or books into the primary registration book or books shall, upon the 
 completion of that work, deliver to the duly authorized committee or 
 governing authority under whose direction and control such copying 
 was done, the book or books containing the names which were so copied, 
 which book or books shall, previous to the day set for holding such 
 primary election, be delivered by such committee or governing authority 
 to the officers named, appointed, and qualified to have charge of the 
 primary election in the several precincts; and ns each person shall 
 apply to vote at such primary election, tlie officers thereof shall examine 
 such registration book or books, and if tbov find thereon tbe name of the 
 person applying to vote, and be satisfied that he is the person whose 
 
ELECTION LAWS OF NEBRASKA. 31 
 
 name is so registered, they shall enter the word "Voted" after his 
 name, and he shall then be allowed to vote. No person whose name is 
 not contained in such registration bock or books, except those herein- 
 before mentioned who were specially registered, shall be allowed to vote 
 or participate in such primary elections. [Id., § 9.] 
 
 Sec. 125;. [Judges— Clerks— Precincts.] The officers for each 
 election precinct, except in precincts in which no registration is held 
 under the provisions of general law. [,] In all primary elections held 
 under the provisions hereof, shall consist of two judges and one clerk, and 
 their duties and responsibilities shall be precisely the same as those of 
 legally appointed and regularly qualified officers of regular state elec- 
 tions. They shall be appointed by resolution passed by a majority vote 
 of the members of the regularly organized and constituted committee or 
 governing authority of the political party holding such primary election, 
 and shall each be furnished with a certificate of their appointment over 
 the signature of the chairman of such committee, and before entering 
 upon the discharge of their respective duties they shall each take the 
 same oath required to be taken by officers of regular state elections, and 
 they shall receive such compensation as the committee or governing 
 authority may by resolution determine, which shall be paid said judges 
 and 'clerks by the committee under whose authority such primary is 
 held. Provided, That the regularly organized committee or governing 
 authority of the party holding such primary election shall, at a regu- 
 larly called meeting of such committee or governing authority of which 
 meeting five days' notice shall be given to each member of such organ- 
 ization, establish by resolution passed by a majority vote of all members 
 of such committee or governing authority, the boundaries of any pri- 
 mary precinct for the holding of a primary election under the provisions 
 of this act, and the notice required by section four of this act shall set 
 forth the boundaries of such voting precinct, and the said committee or 
 governing authority of the party holding such primary election shall 
 deliver to the election officers of each precinct the books containing lists 
 of voters as provided in section nine of this act. The officers of such 
 primary election shall be selected from lists furnished by the respective 
 candidates to the committee or governing authority at least ten days 
 before such primary election is held, and they shall be divided as 
 equally as possible among the various candidates. The officers of all 
 primary elections, held under the provisions hereof, shall have the same 
 powers and privileges as officers of regular state elections, and shall Jbe 
 subject to the same restrictions, limitations, and conditions. Any act 
 or deed denounced by law as an offense in the case of officers of reirular 
 state elections, is hereby declared to be an offense in the case of officers 
 of such primary elections, and shall be punished in the same form and 
 manner as is prescribed by the laws of this state. [Id., § 11.] 
 
 Sec. 125Z;. [Expenses — Ballots.] All expenses for holding 
 such primary elections shall be borne and paid by the political party 
 holding the same, and the pay of officers, cost of publishing and circu- 
 lating notices of elections and all other expenses, shall be defrayed in 
 such manner as may be provided for by the committee or governing 
 authority of the political party holding such primaries. The ballots 
 
32 ELECTION LAWS OF NEBRASKA. 
 
 used in such primary election shall be printed by order of the committee 
 or governing authority having direction and control of such primaries, 
 under the same restrictions and limitations as is provided by general 
 law for the printing of ballots used in regular state elections known as 
 the Australian ballot law, and the ballots sliall be marked and cast in 
 the same manner as provided under said ballot law. [Id., § 15.] 
 
 Sec. 125/. [Application of act.] The provisions of this article 
 shall apply to all primary elections held for the pui'pose of nominating 
 candidates for state, county, district, or municipal offices hereafter held 
 in this state, except those held in the year one thousand eight hundred 
 and ninety-nine, but the first registration of voters as required by this 
 act shall be had at the state registration held in the fall of the year one 
 thousand eight hundred and ninety-nine. [Id., § 16.] 
 
 PRIMAKY ELECTIONS IN COUNTIES OF OVER 125,000, 
 
 Sec. 125Z\ Definition and construction. The words and phrases 
 in this act shall, unless the same be inconsistent with the context, be 
 construed as follows: Tlie word ''primary," the primary^ election 
 provided for by this act; The word "election," a general or city 
 election, as designated from a primary election; The words "November 
 election," the general election held in November; The word "precinct," 
 a district established by law within which all qualified electors vote at 
 one polling place. Tliis statute shall be liberally construed so that the 
 real will of the electors may not be defeated by any informality or 
 failure to comply with all provisions of law in respect to either the 
 giving of any notice or the conducting of the primar>^ or certifying 
 the result thereof. [1905, S. F. 42.] 
 
 Sec. 125Z^ Candidates. How nominated. Hereafter all can- 
 didates for elective offices and delegates to Judicial and Congressional 
 and State Conventions, in all counties having a population of more 
 than 125,000 inhabitants, except those expressly exempt from the pro- 
 visions of this act, shall be nominated: 1. By a primary held in accord- 
 ance with this act, or 2. By nomination papers, signed and filed as 
 provided by existing statutes. 3. This act shall not apply to special 
 elections to fill vacancies. [Id., § 2.] 
 
ELECTION LAWS OF NEBRASKA. 33 
 
 Sec. 12bl\ Primaries, When and Where held. There shall 
 be a primary election held at regular polling places in each precinct on 
 Tuesday, 7 weeks preceding the general election in November, 1905 and 
 annually thereafter on Tuesday 7 weeks before the general election in 
 Xovember, for the nomination of aJl candidates, except those exempt 
 from the provisions of this act, to be voted for at the November election, 
 and said day shall be the first day for the registration of voters in all 
 cities and such counties where registration is required. Any primary 
 other than that provided for above shall be held on Tuesday four weeks 
 (4) before the election, except primaries for the election of delegates to 
 District and State Conventions, which primaries shall be held seven 
 weeks prior to said convention. [Id., § 3.] 
 
 Sec. 125Z*. Notice of primaries how given. At least sixty 
 days before the time of holding such primary the County Clerk shall 
 publish a notice designating the offices for which candidates are to be 
 nominated once each week, for three consecutive weeks in at least two 
 and not to exceed four newspapers of general circulation, published in 
 said county, and shall cause notice of such primary' to be posted at the 
 regular polling place in each precinct in his county; such notice shall 
 state the time when and place where the primary will be held in each 
 precinct therein, together with the offices for which candidates ai'e to 
 be nominated. In case of city election, the city clerk shall cause one 
 publication of such notice to be given in two papers, and shall also post 
 such notice at the regular polling place in each election precinct, such 
 publication and posting to be not more than twenty and not le«i<? than 
 ten days before such primary election. [Id., § 4.] 
 
 Sec. 125^^ Nomination papers, how prepared and signed. 
 The name of no candidate shall be printed upon an official primary 
 ballot unless at least 30 days prior to such primary he shall have filed a 
 written application with the proper authority in substantially the fol- 
 lowing form: I, the undersigned, qualified elector, of 
 
 precinct, (or ward), of County, (or City), in the State of 
 
 Nebraska, affiliating with the party and residing at 
 
 hereby request that my name be placed upon the official primaiy ballot 
 
 of the said party for the primary election to be held on the 
 
 Tuesday in September year, as a candidate for the office 
 
 of , a.nd I pledge myself to abide by the results of said 
 
 primary election. Said nomination papers shall be filed. For offices 
 9, 
 
34 ELECTION LAWS OF NEBRASKA. 
 
 elective wholly in one county, except eity offices, in the office of the 
 Clerk of such county. For City offices and for meniljers of Boards of 
 Education in the office of the City Clerk. The fees for filing shall be 
 computed at one per cent of the emoluments authorized by law for the 
 office to which said candidate aspires, during the tenn for which he 
 would serve, if elected, to be paid at the time of filing the petition, as 
 follows:' If voted for in only one county, to the county treasurer. If 
 voted for only in a city, to the city treasurer thereof. J*roviso. That 
 no filing fee shall be less than ten dollars, except for offices without 
 emolument, in which case there shall be no filing fee, except delegates 
 to a convention shall pay a filing fee of fifty cents for each delegate. 
 [Id., § 5.] 
 
 Sec. 125/". [Party ticket.] Any political organization which 
 at the last preceding general election was represented on the official 
 ballot by either regular party candidates or by individual nominees 
 only, may, upon complying with the provisions of this act, have a 
 separate primary election ticket as a political party, if any of its candi- 
 dates or individual nominees receive one (1) per cent of the total vote 
 cast at the last preceding general election in the state, or sub-division 
 thereof, in which the candidate seeks the nomination. Nomination pa- 
 pers may also be filed for non-partisan candidates. [Id., § 6.] 
 
 Sec. 125/\ Nomination papers, Where Filed. All nomina- 
 tion papers for officers or delegates to be voted for wholly within the 
 county, except city officers shall be filed in the office of the County Clerk 
 of such county. For city officers, in the office of the City Clerk. [Id., 
 § 7.] 
 
 Sec. 125/^ Primary election ballot. The method of voting 
 at such primary election shall be by ballot, and all ballots voted shall be 
 printed as herein provided. On the 14th day before the primary elec- 
 tion the County Clerk or City Clerk in the case of city election shall 
 group the candidates for each party by themselves, and shall prepare 
 at once in writing a separate ballot for each party for public inspection, 
 which he shall post in a conspicuous place in his office; he shall then 
 proceed to have printed a separate primary election ballot for each 
 political party which has qualified as herein provided. Each party 
 ticket shall be absolutely uniform in color and size, shall be white and 
 printed in black ink and in fonn as follows: — 
 
 LEGISLATIVE. 
 
 State Senator District. Vote for. . . . 
 
 John Doe 
 
 John Doe 
 
 John Doe 
 
 John Doe 
 
 State Representatives .District. A'ote for. 
 
 John Doe 
 
 John Doe '. 
 
 John Doe 
 
 John Doe 
 
ELECTION LAWS OF NEBRASKA. 
 
 oO 
 
 COUNTY. 
 County Clerk. Vote for one. 
 
 John Doe 
 
 John Doe 
 
 John Doe 
 
 John Doe 
 
 Treasurer. Vote for one. 
 
 John Doe 
 
 John Doe 
 
 John Doe 
 
 John Doe 
 
 Judge of County Court. Vote for one. 
 
 John Doe - 
 
 John Doe 
 
 John Doe 
 
 John Doe 
 
 County Attorney. Vote for one. 
 
 John Doe 
 
 John Doe 
 
 John Doe 
 
 John Doe 
 
 Register of Deeds. Vote for one. 
 
 John Doe 
 
 John Doe 
 
 John Doe 
 
 John Doe 
 
 Surveyor. Vote for one. 
 
 John Doe 
 
 John Doe 
 
 John Doe 
 
 John Doe 
 
 Sheriff. \'ote for one. 
 
 John Doe 
 
 John Doe 
 
 John Doe 
 
 John Doe 
 
 Coroner. X^ote ior one. 
 
 John Doe 
 
 John Doe 
 
36 ELECTION LAWS OF NEBRASKA. 
 
 John Doe 
 John Doe 
 
 Party Coirimitteemeu. Vote for one. 
 Ward 'Precinct 
 
 [m"Vs'] 
 
 Sec. 125r. Rotation of names on ballots. The names of 
 candidates for each office upon sample ballot shall be arranged alpha- 
 betically, according to surname and no name shall appear more than 
 once on said ballot, as a candidate for nomination. The names of can- 
 didates under headings designating each official position shall be al- 
 ternated on the ballots in the printing in the following manner: The 
 form shall be set up with the names in the order in which they are 
 placed upon the sample ballot prepared by the county clerk. In print- 
 ing each set of 'tickets for the various election districts the positions of 
 the names shall be changed in each office division as many time as there 
 are candidates in the office division in which there are the most name-?. 
 As nearly as possible an equal number of tickets shall be printed after 
 each change. In making the changes of position, the printer shall take 
 the line of type at the head of each office division and place it at the 
 bottom of that division, showing up the column, so that the name that 
 was second before the change shall be first after the change. After 
 the ballots are printed, before being cut, they shall be kept in separate 
 piles, one pile for each change of position, and shall be piled by taking 
 one from each pile and placing it upon the pile to be cut, the intention 
 being that every other ballot in the pile of printed sheets shall have 
 names in a different position. After the pile is made in this manner, 
 then they may be cut, and placed in blocks as provided by the general 
 election law. There shall be no printing on the back of the ballots, or 
 any mark to distinguish them, but the signature of the judc^es or clerk. 
 [Id., § 9.] 
 
 Sec. 125?^". Notice and place of primary elections. The 
 primary election shall be held in each election district at the place 
 where the last election was held, or such other place as may be lawfully 
 desig-nated for the polling place for the election district, and shall be 
 held at the place where the registration of voters occurs for the election 
 next ensuing. [Id. § 10.] 
 
 Sec. 125?^^ Expenses of primary, how paid. All ballots, 
 blanks and other supplies to be used at any prininr}^, and all expenses 
 necessarily incurred in the preparation for or conducting such primary-, 
 shall be paid out of the treasury of the city or county as the case may 
 be, in the same manner, with like effect, and by the same officers as in 
 the case of elections. [Id., § 11.] 
 
 Sec. 125/'-. [Violation of act.] If at any primary election 
 held as by this act provided, any person shall falsely personate and 
 vote under the name of any other person, or shall intentionally vote 
 without the right so to do, or shall wilfully or wronofully obstruct or 
 prevent others from voting who have the right so to do at such primar^^ 
 election, or shall fraudulently or wrongfully deposit in the ballot box 
 
ELECTTOX T.AWS OF NEBRASKA. 37 
 
 or take therefrom, or who shall commit any other fraud or wrong tend- 
 ing to defeat the result of a primaiy election, he shall be deemed guilty 
 of a misdemeanor, and shall, upon conviction thereof, he fined not less 
 than one hundred ($100) dollars nor more than five hundred ($500) 
 dollars, or be imprisoned in the county jail not less than sixty (60) 
 days nor more than one year, or both, in discretion of the court. Id., 
 § 12.] 
 
 Sec. 125P^ [Bribery.] If any person shall offer to accept 
 and receive, or shall accept and receive any money or valuable thing in 
 consideration of his filing or agreeing to file, or not filing or agreeing 
 not to file, nomination papers for himself as a candidate for nomination 
 at any primary election; or if any person shall offer to accept or receive, 
 or shall accept or receive, any money or valuable thing in consideration 
 of such person withdrawing his name as a candidate for nomination at 
 any such primaiy election, any such person shall be deemed guilty of a 
 misdemeanor, and upon conviction thereof shall be fined not less than 
 one hundred ($100) dollars, nor more than five hundred ($500) dollars, 
 or be imprisoned in the county jail not less than sixty (GO) days nor 
 more than one year, or both, in the discretion of the court. [Id., § 13.] 
 
 Sec. 125/'*. [General laws applicable.] An a:ct declared an 
 offense by the general laws of this state couc-eming caucuses and elec- 
 tions shall also, in like cases, be an offense in all primaries and shall be 
 punished in the same form and manner as therein provided, and all the 
 penalties and provisions of the law as to such caucuses and elections, 
 except as herein othei'wise provided, shall apply in such case with equal 
 force and to the same extent as though fully set forth in this act. [Id., 
 § 14.] 
 
 Sec. 125P". {Polls, opening, closing.] At all primary'- elec- 
 tions held under this act the polls shall be open in cities at eight (8) 
 o'clock in the morning and close at nine (9) o'clock in the evening of 
 the same day; in all other places from twelve (12) o'clock noon until 
 nine (9) o'clock in the evening; but if the judges and clerks shall not 
 attend at the hour of opening, or if it shall be necessary for the electors 
 present to appoint judges or clerks or any of them, the polls may then 
 be opened at any time before the time for closing them shall arrive as 
 the case may require. If at the hour of closing there are any electors in 
 the polling place, or in line at the door, desiring to vote, and who are 
 qualified to register and participate therein, and have not been able to 
 do so since appearing at the polling place, said polls shall be kept open 
 reasonably long enough after the hour for closing to allow those present 
 at that hour to register and vote. Xo one not present at the hour of 
 closing shall be entitled to register and vote because the polls may not 
 actually be closed when he arrives, [Id., § 15.] 
 
 Sec. 125P^ [Ballot boxes.] The County Board shall pro- 
 vide a sufficient number of ballot boxes with a sufficient number of 
 locks and keys, at the expense of the county, for the several precincts 
 or districts within which the primary election is to be held. [Id., § 16.] 
 
 Sec. 125/'^ [Laws applicable.] That section seventeen (11^), 
 eighteen (18) and nineteeen (19) of chapter twenty-six (26) of tlie 
 Compiled Statutes of Nebraska, for the year 1901, are hereby made 
 appHcable to primaiy elections held under this act. Provided, that in 
 cities where a registration of voters is required by law, such clerk of 
 
H8 KLKCTIOX LAWS OF NEBRASKA. 
 
 the district court shall not appoint the judges and clerks of election in 
 the several precincts therein, but the city authorities, in whom by law 
 is vested the power to appoint the registrars, shall ai)})oint two resident 
 electors in each precinct to sen'e as clerks of said primary, one of whom 
 shall be appointed from the party casting the largest vote at the last 
 general election in the state, and the other from the party casting the 
 second largest vote at said election, and the registrars shall act as the 
 judges at such primary election, but the said registrars shall not receive 
 any additional com])ensa.tion for such services as judges. [Id., ^ 17.] 
 8kc. 125/". [Poll books.] The County Clerk, previous to the 
 opening of the polls, shall prepare duplicate poll books in the manner 
 
 following: ''Poll Book of a Primary Election held in Precinct, 
 
 Township or Ward, in County, on the day of 
 
 at which time, A. B. C. D. and E. F. were judges and G. 
 
 IT. and T. K. were clerks of said Primary' Election, the following named 
 persons, who at said primary election affiliated with the political party 
 designated after their names, and voted thereat, to-wit: 
 
 NAME 
 
 POLITICS 
 
 NAME 
 
 POLITICS 
 
 No. 1. A. B. 
 No. 2. C. D. 
 
 Democrat 
 Republican 
 
 No. 3. E. F. 
 No. 4. G. H. 
 
 Peoples' Independent. 
 Prohibition 
 
 We hereby certify that the above is a true list of the persons voting 
 at the above named election and the name of the political party with 
 wiiich each affiliated at said primary election. 
 Attest. A. B. CD. E. F. Judges of Election. 
 
 Said book shall also contain tally sheets and returns suitable for the 
 purpose of such primary- and similar to those required by the general 
 election law. [Id., § 18.] 
 
 Sec. 125P^ [Who may vote.] Any person desiring to vote 
 at any primary election held under the provisions of this act, shall be 
 entitled to participate in such primary election upon presenting him- 
 self at the polling place where he is entitled to vote; but he shall not be 
 entitled to receive a primary ballot or be entitled to vote at such pri- 
 mai>y election until he shall have first stated to the judges of said pri- 
 mary election what political party he affiliates with and whose candi- 
 dates he supported at the last election, and wliose candidates generally 
 he intends to support at the next election,pr0vided that a first voter shall 
 not be required to state his past political affiliations. In cities wherein 
 registration is by law required, no voter shall receive a primary ballot 
 or be entitled to vote until he shall have first been duly registered as a 
 voter, then and there in the manner provided by law. Proridvd, that in 
 cities where registration is by law required no elector shall be per- 
 mitted to vote the ballot of any party except that which he was regis- 
 tered at the last general registration as affiliating with, unless he be a first 
 voter or shall have moved into the precinct since the last preceding day 
 of registration. For the purpose of providing a system of registration 
 of party affiliation, it shall be the duty of the mayor a.nd city council 
 of each city wherein registration is required, to provide in the regis- 
 tration books used for the purpose of registering persons who are quali- 
 fied to vote at the next general election. s])ace for the registi-ation of all 
 persons who may desire to participate in any ]n*imary election. Such 
 
ELECTION LAWS OF NEBRASKA. 3D 
 
 space shall be provided in said registration books, immediately follow- 
 ing tiie last perpendicular ruled column in such hooks and sliall be 
 headed as follows: ''Party Affiliation." It shall be the duty of the 
 superv'isors of such regular state registration to ask each person who 
 applies to be registered the question, "What political party do you 
 desire to affiliate with?" And the name of the political party given by 
 such party so applying to be registered shall be recorded in the colunm 
 provided in such registration books for that purpose. In case any party 
 applying does not desire to state his party affiliation, be shall not be 
 required to do so, nor shall his failure so to do act as a bar to his 
 registration for the purpose of voting at any election other than a pri- 
 mary election, Ijut shall debar him from voting at any x>rimary election. 
 If the right of such person to vote be not challenged one of the judges 
 of said primary election shall then hand him a ballot of the political 
 party which he affiliates with, which said ballot shall l)e endorsed with 
 the signature of two of the judges upon the back at the l)ottom edge. 
 If the right of such person to vote be challenged, one of the judges of 
 said election shall then propound to such person the questions provided 
 for in Section twenty nine (29) of Chapter Twenty-six (26) of the com- 
 piled Statutes of Nebraska, for the year 1901, and required by said 
 section to be propounded to a voter at a general election when chal- 
 lenged, and in addition thereto the judge shall propound the following 
 questions: First— "What political party do you affiliate with?" Second 
 — "Did you support the candidates of such political party at tlie last 
 election?" (If such person be a first voter this question shall not be 
 propounded to him.) Third— "Do you intend to support a majority of 
 the candidates of such political party at the next election?" If the 
 challenge be not then determined in favor of such person by the judges 
 of said primary election and be not withdrawn, he shall not be allowed 
 to vote until he shall have taken the following oath: "You do solemnly 
 swear (or affirm) that you are a citizen of the United States (or have 
 declared your intention to become such), that you have been an inhabit- 
 ant of the State of Nebraska for the last six months, and of the county 
 
 of for the last forty days; and of this precinct for the last 
 
 ten days; that you have attained the age of twenty-one years, to the 
 
 best of your knowledge; that politically you affiliated with the 
 
 party, and that you supported the candidates of such political party at 
 the last election, and intend to support the candidates of such political 
 party at the next election. ["] It shall be the dutv of the clerks of snid 
 primar}^ election to write at the end of such person's name "sworn"; 
 said voter shall then be allowed to vote the ticket of the party which he 
 affiliates with. A judge of such primaiy election shall insti*uct the 
 voter that he is to vote for his choice for each office using only the bal- 
 lot of the party with wliich he affiliates, and that he must return the 
 ballot with the edges folded upon which are the signatures of the judges 
 U])])ermost. That upon any person entitled to vote at any priijiary 
 election stating the name of the political party with which he affiliates, 
 the clerks of said primary election shall thereupon, after the nan^.e of 
 the person voting, write the name of such political ]>arty in the column 
 of the poll book prepared for that purpose. [Id., § 19.] 
 
 Sec. 1257'^ [Registration lists.] The city clerk of each city 
 wherein a registration of voters is required by law, shall immediately 
 
40 ELECTION LAWS OF NEBRASKA. 
 
 after each registration day, compile an alphabetical list of the voters 
 of each of the political parties in each precinct in such city, and within 
 five days after each day of registration he sliall furnish to the chaimiau 
 or secretary of each political committee of his city and county, a certi- 
 fied copy of such list, and shall also keep the same accessible to public 
 inspection. He shall also, on the day of the primary, furnish to the 
 officers of the primary election in each precinct, a certified copy of 
 such list for their use at such election. The judges of said primary 
 election shall use such list for the purpose of determining whether or 
 not any person who desires to vote at such primary was registered at 
 the hist registration as affiliating with the party the ballot of which he 
 desires to vote at such primary. When the elector has prepared his 
 ballot he shall fold the same, with the edges upon which are the signa- 
 tures of the judges uppermost, and so folded, so as to conceal the fact 
 thereof and all marks thereon, and hand the same to the judge of the 
 primary election who is in charge of the ballot box. [Id., § 20.] 
 
 Sec. 125Z". Challengers. The party committee of each 
 precinct may appoint in writing over their signatures, two party agents 
 or representatives, with an alternate for each, who shall act as chal- 
 lengers for their respective parties or elements therein. The right of 
 any person to vote at a primary may be challenged upon the same 
 ground and his right to vote be determined in the same manner as at an 
 election. The member or members of each party committee of any 
 precinct may represent his party at the polling booth during the can- 
 vass and return of the vote at a primary, or he may appoint an agent 
 or designate a member of his committee for that purpose. [Id. § 21.] 
 
 Sec. 125P. Canvass of votes. Canvass of votes shall, ex- 
 cept as herein otherwise provided, be made in the same manner and by 
 tlie same officers as the canvass of an election. The party committee man 
 of the precinct in a precinct ca.nvass, of the county in a county canvass, 
 or some duly appointed agent to represent each party shall be allowed 
 to be present and observe the proceedings. The precinct election offi- 
 cers shall, on separate sheets, on blanks to be provided for that purpose, 
 make full and accurate returns of the votes cast for each candidate, and 
 shall within twenty-four hours cause to be delivered one copy of such 
 returns as to each political party, to the county chairman of that party 
 and also cause such returns to be delivered to the county clerk, or to the 
 chairman of the city committee and city clerk, if a city primary, pro- 
 vided always, that such returns shall be sent by registered mail where 
 practicable, or delivered in person. The county canvass of the returns 
 of Autumn primary shall be made by the same officers and the manner 
 ]>rovided in Chapter 76 Compiled Statutes of 1903, for the canvass of 
 ilie returns of a November election. The canvassers shall meet and can- 
 vass such returns at ten o'clock A. M. on the Friday following the 
 September primary. Their returns shall contain the whole number of 
 votes cast for each cnndidate of each political party, and n duiilicnte 
 as to each political partv shall be delivered to the countv chainnan of 
 such party. [Id., § 22.] ' 
 
 Sec. 125P^ Pajty candidates. The person receiving the 
 greatest number of votes at a primni-y as the candidate of a party for 
 an office, shall be the candidate of that party for such office, and his 
 
ELECTION LAWS OF NEBRASKA. 41 
 
 name as such candidate shall be placed on the official ballot at the fol- 
 lowing:' election. [Id., § 23.] 
 
 Sec. 125/'*. City Board of Canvassers: Qucnim: Meetings, 
 when held. The canvass of the returns of a city primary shall be made 
 by the mayor, the city clerk, and the treasurer of such city, any two of 
 whom shall constitute a quorum. Such board of canvassers shall meet 
 at eleven o'clock in the forenoon of the second day following the city 
 primary and canvass the vote substantially as provided by section 25 
 [22] of this act. They shall make and certify duplicate returns as to 
 the votes cast for the candidates and forthwith certify and file one 
 complete return with the city clerk and deliver so much of the other as 
 relates to each party to the respective city chairman. [Id., § 24.] 
 
 Sec. 125^^ [Vacancy in nomination.] Should any person 
 nominated, either at. a primary election or as otherwise provided for in 
 this act, die before election, or decline the nomination, or should a va- 
 cancy or vacancies arise from any cause before said time, such vacancy 
 or vacancies shall be filled by the majority vote of the proper committee 
 of the same political party. The chairman and secretary of such cam- 
 paign committee shall thereupon make, and file with the proper officer a 
 certificate setting forth the cause of the vacancy, the name of the per- 
 son so nominated, the office for which he was nominated, the name of 
 the person for which the new nominee is to be substituted, the place of 
 residenc-e of such person so nominated, and, if in a city, the street or 
 number of the residence or place of business, together with the name of 
 the political party with which the party so nominated affiliates and 
 which said committee represents. Such certificate shall be signed by 
 such officers with the names and places of their residence, and severally 
 sworn to by them before some officer authorized to administer oaths. 
 If there be no campaign or political committee of such name, then a 
 mass convention of such party shall fill such vacancy, and the chairman 
 and secretary of such convention shall make and file with the proper 
 officer a certificate in form and manner as herein required to be filed by 
 the chairman and secretary of the campaign or party committee; said 
 certificate so made, executed and sworn to in the manner prescribed 
 herein shall, upon being filed at least eight days before the election, 
 have the same force and effect as the original certificate of nomination 
 or the nominated statement provided for in this act. [Id., § 25.] 
 
 Sec. 125/-^ Party conunittee. At the September primary 
 there shall be elected in the same manner as candidates for nomination 
 are chosen, one member of the county committee for each voting district 
 for the several parties. The members of the county committee thus 
 elected for each party shall, in consultation with the candidates nom- 
 inated by said party, choose a county chainnan. The county chairman 
 of the county forming any larger political division, such as representa- 
 tive, senatorial, or judicial, or congressional district shall be the mem- 
 ber of the party committee for said political division, and be empowered, 
 m consultation with the party candidates, to choose a chairman for said 
 political division. Each party committee shall be authorized to choose 
 such other officers as may be deemed necessary and to provide for the 
 appointment of such advisory and campaign committe,es as may be ad- 
 visable. The various committees shall for their respective districts 
 
42 ELECTION LAWS OF NEBRASKA. 
 
 represent their political parties and exercise such powers as are usual 
 with pai-ty committees. City committees shall be chosen in the same 
 manner by the election of precinct committeemen at each primary elec- 
 tion held to nominate city executive officers. [Id., § 26. ] 
 
 Sec. 125/-'. Party committees. Any person a resident of the 
 precinct, desiring to have his name ])rinted upon the ofiQcial primary 
 ballot of his party as a candidate for precinct committeeman, may have 
 the saine done by filing with tlie County Clerk at least thirty (30) days 
 before the primary, a nomination paper in manner and form as required 
 by paragraph one of section 3 of this act, signed by at least ten qualified 
 electors of his ]3arty, residents of such precinct, and swoni to as therein 
 required. No fee shall be exacted for such filing. The county commit- 
 tee shall have the power to elect a chairman, vice-chainnan, secretary 
 and treasurer, and each such committee and its officers shall have the 
 powers usually exercised by such committee; and by the officers thereof, 
 in so far as is consistent with this act. The various officers and com- 
 mittees now in existence shall exercise the powers and perfonn the 
 duties herein proscribed until their successors are chosen in accordance 
 with this act. At all meetings of such city, and county committees, each 
 memlier thereof shall have one vote for each fifty votes, or major frac- 
 tion thereof, cast by his party in his precinct at the last general election 
 for the head of the ticket. The duties of the chairman or secretary of 
 any committee may be performed by members of such committee se- 
 lected by them. Any vacancv in any committee office shall be iilled by 
 the committee. [Td.', § 27.] 
 
 Sec. 125/-'. MisceUaneous Provisions. In case of a tie 
 vote, or in case any candidate for nomination files an affidavit with the 
 board of canvassers that he believes there has been an error in the 
 count, or fraud has been committed, thereupon the said board of can- 
 vassers shall cause the ballot boxes to be re-opened and the ballots 
 therein counted under the direction of the board of canvassers and in 
 their presence, and such re-count shall be deemed final. The said board 
 sliah announce the returns of the election according to said re-count and 
 said announcement shall be binding upon all parties. If after a re- 
 count by the board of canvassers a tie vote should result, the tie shall 
 forthwith be determined ])v lot by the canvassers. [Id., § 28.] 
 
 Sec. 125/-^ [Names on official ekction ballot.] The name 
 of no person, as a candidate of any political party for any office, shall be 
 placed uT>on the official election ballots, until such candidate shall have 
 iDoen chosen at a primary election in accordance with this act, or to fill 
 any vacancy caused by death, removal or resignation or otherwise, or 
 any candidate so chosen at any primarv^ election, exce]'>t Miien the office 
 to be filled is to ])e filled at a special election or for townsliip or precinct 
 officers, or membei"s of school boards not members of boards of educa- 
 tion, which candidates for offices at special election, or township or pre- 
 cinct officers, shall be nominated as herein or as bv law provided. [Id., 
 § 29.] 
 
 Sec. 125/'^''. [Objections to certificates.] All certificates of 
 nomination, or nomination statements, which are in apparent conformity 
 with the provisions of this act, shall be deemed to be valid, unless objec- 
 tion thereto shall be duly made in writinii: within three (3) days after tlift 
 filing of the same. In case such obje(.'tiou is made, notice thereof shall 
 
ELECTION LAWS OF NEBRASIvA. 43 
 
 forthwith be mailed to all candidates who may be affected thereby, ad- 
 dressed to them at their respective places of residence as given in the 
 certificate of nomination or in the nomination affidavits of such persons 
 on file in that office. Objections to the use of party name may also be 
 made and passed upon in the same manner as objections to certificates 
 and nomination statements. The officer with whom the original certifi- 
 cate was filed, or who made an affidavit to the original nomination state- 
 ment shall in the first instance pass upon the validity of such objection, 
 and his decision shall be final, unless an order shall be made in the matter 
 by a county court, or by a judge of the district court, or by a justice of 
 the Supreme Court at Chambers, on or before the Wednesday preceding 
 the election. Such order may be made summarily upon apjilication of 
 any party interested, and upon such notice as the court or judge may 
 require. The order of the judge, or supreme court justice revising such 
 decision, shall be binding on all county, municipal, or other officers with 
 whom certificates of nomination are filed. [Id., § 30.] 
 
 Sec. 125l^\ [Certificate, when filed.] No person shall be en- 
 titled to or allowed to file a nomination certificate as provided for in 
 this act, or to have his name placed upon a primary election ballot for 
 any primary election to be held, unless the political party, which he 
 states in said affidavit he affiliates with, polled at the last election before 
 the primary election to be held, at least one per cent of the entire vote 
 in the state, county or other subdivision or district for which he seeks 
 the nomination for office in. [Id., § 31.] 
 
 Sec. 125^^^ [One party nomination.] In no case shall the 
 candidates of any political party be entitled to be designated upon the 
 official election ballot as the candidate of more than one political party, 
 and shall be designated upon the official ballot as the nominee of the 
 party in whose nomination statement his name appears, or in whose cer- 
 tificate of nomination his name appears as the political party with which 
 he affiliates. [Id., § 32.] 
 
 Sec. 125/^1 [Records preserved.] Each County and ^lunici- 
 pal clerk shall cause to be preser^^ed in his office for the period of one 
 (1) year, all nomination statements and certificates of nomination filed 
 therein under the provisions of this act. All such nomination state- 
 ments and certificates shall, at all reasonable hours, be open to public 
 inspection. [Id., § 33.] 
 
 Sec. 125?'*. [Acts repealed.] That sections 117, 118, 119, 
 120, 121, 122, 123, 124, 125, 125a, 125&, 125c, 125(7, 125e, 125f, 125^7, V25h, 
 125i, 125/, 125A-, 1257, 126, 127, 129, 130, 131, 132, 133, 134, 135, 136, 137, 
 138, 139 and 140 of Chapter 26, of the Compiled Statutes of Nebraska, 
 for the year 1903, as the same now exists, so far as the same conflicts 
 with the provisions of this act, and all acts or parts of acts in conflict 
 with the provisions of this act, be and the same are hereby repealed. 
 [Id., § 34.] 
 
 VOTING MACHINES. 
 
 Sec. 125m. [Use authorized.] In all elections hereafter held 
 in this state for presidential electors and members of congress, or either 
 of them, and in all state, district, county, city, town, school district, 
 village, precinct and township elections, and in all other elections here- 
 
44 ELECTION LAWS OF NEBRASKA. 
 
 after to be held in this state, or in any political division thereof, for 
 any purpose whatever, voting machines may be used; and at any and 
 all such elections the vote or ballot may be had and taken, and the votes 
 cast thereat registered or recorded and counted, and the result of such 
 election or elections ascertained by voting machines instead of in the 
 mode and manner now established by law; provided, that the use of 
 said machines at any such election or elections shall be subject to the re- 
 quirements, provisions, terms and conditions of this act hereinafter 
 contained. [1905, S. F. 74, § 1.] 
 
 Sec. 125?z. [State board voting machine commissioners —Dep- 
 uties.] There is hereby created a ''state board of voting machine com- 
 missioners"; said board ta be composed of the goveraor, secretary of 
 state, and auditor of public accounts. The said board shall have power 
 to appoint three deputies, who, when acting for or instead of said com- 
 missioners, shall have and may exercise an equal power and authority, 
 subject to the approval of the commissioners; no member of said board 
 or deputy shall have any pecuniary interest, directly or indirectly, in 
 any voting machine; at least two of the deputies of said board shall be 
 master mechanics or gTaduates of a school of mechanical engineering, 
 said dejmties shall be appointed for a term of two years. [Id., § 2.] 
 
 Sec. 125o. [Same^ Officers— Records.] The deputies of said 
 board shall severally take and subscribe to an oath or affinnation before 
 some person authorized by the laws of this state to administer the same, 
 that they will faithfully and impartially discharge the duties imposed 
 n])on them by law, and file the same with the secretary of state; they 
 shall organize by electing one of their number to be chairman, and one 
 to be secretary, and one to be treasurer; the secretary shall keep a 
 record of all meetings held by the board or its deputies, and of all voting 
 machines inspected and examined by it, and of the action of the board 
 respecting the same. [Id., § 3.] 
 
 Sec. 125p. [Machine— Examination.] Any person, company 
 or corporation owning or being interested in any voting machine, may 
 apply to the state board of voting machine commissioners, by ap]>lica- 
 tion filed with the secretary of state who shall notify said board to ex- 
 amine such machine and report on its compliance with the requirements 
 of the law and its accuracy, efficiency and capacity to register the will 
 of voters; upon such application the said board or its deputies shall ex- 
 amine such machine, and make report whether in its opinion, or in the 
 opinion of any two of the members thereof, the kind of machine so ex- 
 amined complies with the requirements of this act, and can safely be 
 used at elections to be held in this state under the conditions prescribed 
 by this Act, the report of said board on said machine, signed by the 
 
ELECTION LAWS OF NEBRASKA. 45" 
 
 members thereof, or any two of them, and all exhibits, drawings, photo- 
 graphs, descriptions, etc., filed in connection with and identifying said 
 mac] line so examined, shall h^ filed in the office of the secretary of state 
 within ten days, and shall be a public record; if the report of the board, 
 or any two members thereof, be that machines of the kind examined can 
 be used, such kind of macliine sliall be deemed to be approved by the 
 Ijoard, and its use as heroin provided sball be autliorized at any such^ 
 election a.s aforesaid to be held in this state, or any civil division there- 
 of; any kind of voting machine not so approved by said board shall not 
 be used at any election; the examination herein provided for shall not be 
 required of each individual machine, but only of each particular kind of 
 machine before its adoption, use or purcliase, as herein provided; when 
 the machine has been so approved, any improvement or change that 
 does not impair its accuracy, efficiency or capacity, shall not render nec- 
 essary the re-examination or re-approval thereof. All examinations 
 shall be in public; sufficient notice shall be given to such interested per- 
 sons as shall file with the commission a notice of their desire to attend 
 such examinations. [Id., § 4.] 
 
 Sec. 125(7. [Deposit— Disbursements.] Any person, company 
 or corporation, owners or agents for any voting machine, applying to 
 have said voting machine examined shall deposit with the Treasurer, 
 of said board the sum of Four Hundred and Fifty Dollars; from and out 
 of said money shall first be deducted and paid all expenses incurred by 
 saidboard in and about the discharge of its duties, including stationery, 
 books, postage and traveling expenses; the balance remaining shall be 
 divided into three equal parts or portions;, each qf said deputies 
 shall receive one of said portions in payment of traveling and other ex- 
 penses and for his compensation as such deputy of said board; the mem- 
 bers of said board shall not receive any compensation or remuneration,, 
 for their sei'vices. [Id., §5.] - ,-.■'. . ,r 
 
 Sec. 125r. [Approval, requisites of machine.] No voting- 
 machine shall be approved by the state board of voting machine com- - 
 missioners unless it shall be so constructed as to insure e^^ery voter an. 
 opportunity to vote in secrecy; that each machine shall be sc con- 
 structed as to provide facilities for voting for the candidates of at least 
 seven parties or organizations; that a straight party ticket can be voted 
 by the operation of a single device; that the voter may vote for a part of 
 one party ticket, and a part of one or more other party tickets; that, 
 females or other restricted voters can vote when by law such persons are 
 entitled to vote, but that no voter can vote for a candidate or on a ques- 
 tion for whom or on which he is not lawfully entitled to vote; that the 
 voter cannot cast more than one vote for any candidate, or vote for more 
 than one person for the same office, unless he is lawfully entitled to vote-' 
 for more than one person therefor, and in that event can vote for as 
 many persons for that office as he is bv law entitled to votefor, and no. 
 more; that the names of the candidates for presidentir.l electors need 
 not appear on the ballot labels, but in lieu thereof, one ballot in each 
 party column, or row, may contain only the words "presidential elect- 
 ors" preceded by the party name, and the names of the candidates for 
 president and vice president, and every vote registered for such ballot 
 
46 ELECTION LAWS OF NEBRASKA.. 
 
 shall operate as a vote for all candidates of such party for presidential 
 electors, and be counted as such, but it shall provide means for voting a 
 split or irregular ticket for presidential electors; that any voter can by 
 means of irregiiar ballots vote a written or printed ballot of his own 
 selection for any person for any office, provided such person shall not 
 have been nominated by any party. The machine shall be so con- 
 structed that within the period of one minute the voter can cast his vote 
 for all of the candidates of his choice, and that he can change his vote 
 for any regularly nominated candidate up to the time he starts to leave 
 the machine. The voting machine shall have voting devices for the in- 
 dividual candidates arranged in separate parallel party lines, one line 
 for each party, and in parallel office rows, transverse thereto. Each 
 machine must be provided with a lock or locks, the keys of which cannot 
 be interchangeably used, and by the locking of which any movement of 
 the operating mechanism can be prevented, so that it cannot be tam- 
 pered with or manipulated for any fraudulent purpose; and that the 
 doors of the compartment containing the registering mechanism can be 
 locked so that no person can see or know the number of votes registered 
 for any candidate. There shall be a counter the registering face of which 
 can be seen at all times from the outside of the machine, which will show 
 during the election the total number of voters that have operated the 
 machine at that election; there shall be a registering lock, or a counter 
 which cannot be reset and will lock by the part that operates it, and will 
 count up to a million; such lock or counter shall be known as a pro- 
 tective lock, or a protective counter, and shall be so constructed that the- 
 numbers on the lock will be changed or the number on the counter shall 
 be advanced one every time the machine is operated. [Id., § 6.] 
 
 Sec. 125.S. [Working model.] With each voting machine there 
 shall be provided by the makers a working model for instruction of vot- 
 ers, which shall represent at least five office lines for two party rows, 
 and the devices for voting for two questions, and shall correspond to the 
 equivalent parts of the face of the voting machine, and the operation of 
 tlie model shall be the same in outward appearance as the operation of 
 the machine. [Id., § 6a.] 
 
 Sec, 125a. [Use authorized— Number.] The County Commis- 
 sioners of any county, the city council of any city, the proper officers of 
 any village, school or other district, precinct and township, may adopt for 
 use at elections in one or more election precincts any kind of voting ma- 
 chine approved by the state board of voting machine commissioners, and 
 thereupon such voting machine may be used at any or all elections held 
 in such election precinct, for voting, registering and counting votes cast 
 at such elections. Provided that no purchase of voting machines shall 
 be made for any voting precinct wholly without the corporate limits of 
 any city or town, excepting in counties in which are located citif^s of the 
 metropolitan class, nor by any city, town or village having less than 
 twelve hundred population, until the question of such purchase shall 
 have been submitted to a vote of the people of such county, city, town or 
 village, who may by a majority vote of those voting on the proposition, 
 authorize such purchase. Tlie number of votes for each machine shall 
 be determined by the proper officers of the district, county, city, town. 
 
ELECTION LAWS OF NEBRASIiA. 47 
 
 school or other district, village, precinct or township, but shall not 
 exceed 800 votes in any one voting precinct. [Id., § 7.] 
 
 yEC. 125?/. [Experimental machine.] The proper officers of 
 any district, county, city, town, scliool district, village, precinct or town- 
 ship, may provide for the experimental use at an election in one or more 
 districts, of a macliine which may be law^fully adopted, without a formal 
 adoption thereof, and its use at such election sliali be as valid for all pur- 
 poses as if it had been fonnally adopted. [Id., § 8.] 
 
 Sec. 125t\ [Machines— purchase when.] The proper officers 
 of any district, county, city, town, school district, village, precinct or 
 township adopting a voting machine shall, as soon as practicable there- 
 after, provide for each polling place designated one or more voting ma- 
 chines in complete working order, together with a mechanical model of 
 same. And if it shall be impracticable to supply each and every elec- 
 tion district designated 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 dis- 
 tricts within such county, city, township, districts, school districts, 
 village, or precinct, as the proper officers may direct. [Id., § 9.] 
 
 Sec. 12bw. [Payment— Bonds, etc.] The proper officers of 
 any district, county, city, town, school district, village, precinct, or 
 township, on the adoption and purchase of a voting machine or voting 
 machines, shall provide for the payment therefor in such manner as they 
 deem for" the best interest of such locality, and may for that purpose 
 levy a tax, issue bonds, certificate of indebtedness, or other obligations, 
 which shall be a charge on the particular county, city, district, town, 
 school district, village, precinct or township so adopting said machines; 
 such bonds, certificates or other obligations may be issued with interest 
 at a rate not exceeding six per cent per annum, payable at such time or 
 times not exceeding ten years, as the proper officers may determine, but 
 shall not be issued or sold at less than par. [Id., § 10.] 
 
 Sec. 125a?. [Ballot label.] The cardboard, paper or other ma- 
 terial, placed on the front of the machine, containing the names of the 
 candidates and offices, or a statement of a proposed constitutional 
 amendment or other question or proposition to be voted on, shall be 
 known in this act as the ballot label, and shall be deemed an official ballot. 
 Two sets of ballot labels for each machine shall be supplied by the 
 officers now charged with the duty of providing ballots at least four 
 working days before the election, and shall be printed in black ink, on 
 clear white material of such size and thickness as will fit the machine, 
 and in as large type as the space will reasonably permit. The ballot labels 
 for each party shall be arranged on the machine, either in columns or 
 horizontal rows and shall be designated in the same manner as the 
 counters for such columns or rows. Where two or more candidates are 
 to be elected to an office, and the name of each of the nominated candi- 
 dates therefor are placed in connection with a separate voting device, 
 all of such voting devices shall be included in one group herein referred 
 to as a multi-candidate group, which will permit the i")rop'?r number of 
 any of said candidates to be voted for and no more, and the ballot label 
 or the pnrt thereof that contains the names of the offices herein called 
 the office caption ballot label, shall be printed in type as large as the 
 
48 ELECTION LAWS OF XEERAPKA. 
 
 space for such office will reasonably permit and the words below, "volo 
 for two" (or such number as can be voted for) shall be printed to indi- 
 cate that the voter can vote for any two, or such other number as he may 
 be lawfully entitled to vote for, out of the whole number of candidates 
 so nominated. Each ballot label shall have printed close to the margin 
 thereof, in small type, the name of its party and the largest civil or 
 political division thereof to which it is common. Independent nomina- 
 tions sliall be placed upon the party row or rows following the party 
 nominations as they can be arranged on the machine; two or more inde- 
 pendent nominations may be placed upon the same row and the party 
 device in connection with such row may be locked or arranged so that 
 such candidates may be voted for individually. On the ballot label for 
 questions, the statement of the question submitted may be abbreviated 
 to meet the requirements of the limited space, with the words. Yes and 
 No for the voter to indicate his affirmative or negative vote on any such 
 question by operating the proper device therefor. In case any party 
 making nomination shall fail to nominate candidates for some of the 
 offices to be voted for, the spaces on the ballot labels for such offices 
 shall contain the words ''No Nomination." [Id., § 11.] 
 
 Sec. 125;y. [Sample ballots, diagrams, how furnished.] The 
 officers now charged with the duty of providing liallots shall provide at 
 least two sample ballots for each machine, which shall be arranged in 
 the form of a diagi*am showing such portion of the face of the voting 
 machine as will appear after the official ballot labels have been properly 
 placed for voting on election day. Such samj^le ballots or diagrams 
 nuiy be of a reduced size, but the names of the candidates must be 
 clearly legible, and shall be displayed for public inspection at such 
 polling place during election day. Ballot labels on tinted cardboard 
 shall be furaished free of charge by the officers providing the ballot 
 labels for all instruction models and instruction machines to be used by 
 the county, city, district, town, school or other district, village, precinct 
 or township, for the instruction of voters. Requisition for such sample 
 ballot labels shall be made as provided by the general election laws now 
 in force in this state regarding sample ballots. [Id., § 12.] 
 
 Sec. 125c. [Election, how conducted.] So far as practicable, 
 at all elections where voting machines are used, the voting machine shall 
 be regarded and treated as a substitute for the paper ballot and ballot- 
 box heretofore used; elections shall be conducted by the election officers 
 as nearly as may be in accordance with existing laws, except as other- 
 wise provided by this act; the arrangement of the polling room shall be 
 the same as near as may be as is provided for elections where paper 
 ballots are used; the compartments now provided for by law, wherein 
 the voter shall prepare his ballot for voting, need not lie provided or 
 used at elections where voting machines are used; official ballots of the 
 kind heretofore recognized by law shall not be furnished to the election 
 districts wliere at any election voting machines are used; the exterior of 
 the voting machine and every part of the jxvlling-room shall be in plain 
 view of tiie election officers; the voting machine shall be placed at least 
 four feet from any table whereat any of the election officers may be en- 
 gaged or seated; a guard-rail shall be constructed at least three feet 
 from the machine, with an opening or openings, to pennit the entrance 
 
ELECTION LAWS OF NEBRASKA. 49 
 
 and exit of voters to and from the machine; and the machine shall be so 
 placed that the ballot labels on the face of the machine can be plainly 
 seen by the election officers and the pa.rty watchers when not in use by 
 the voters. [Id., § 13.] 
 
 Sec. l-io.c'. [Custcdisrs, duties,] For the purpose of prepar- 
 ing the voting' machines for elections and instructing the election officers 
 in their operation, the officers or board adopting the machines may 
 employ one or more persons who shall be known as the voting machine 
 Custodians. Such Custodians shall ])e persons of good eyesight, good 
 reputation, and, if possible, machinists and not actively engaged in 
 politics. If two or more Custodians be appointed, they shall, if possible, 
 be selected, from more than one political party, and shall be retained 
 until removed for cause other than partisanship. Said Custodians shall 
 be svrorn to perform their duties honestly and faithfully, and shall be 
 jjaid for the time spent in the performance of their duties in the same 
 manner as other election officers are paid, and they shall be supplied by 
 the officers or board having charge of the election with the necessarj" 
 fcup]iiies for preparing the machines for election, and report blanks for 
 certifying as to their condition. The said Custodians shall, before each 
 election at which the voting machines are to be used, under the direction 
 of the officers or board having charge of the election, place the ballot 
 labels in their proper places in each machine; adjust the machine for 
 voting in tlie manner required at such election; set the public counter 
 and p]] the candidate counters in the machine at zero; and in every other 
 way put the machine in perfect condition and arrangement for the elec- 
 -ion, an^l then loc^' P/id seal the operating mechanism against any move- 
 ment. The said Custodians shall, after preparing the machines for the 
 election, file with the proper officer of the board adopting the machines 
 a written report upon blanks furnished by such board, certifying that 
 they have examined, and prepared each machine for the election, that 
 each is in perfect working order, and in every way properly adjusted 
 and set for the election, and giving the number and make of the machine 
 and the number registered on the protective counter thereof. Tlie said 
 Custodians shall, under the direction of the officers or board adopting 
 the machines cause each voting machine to be delivered to the proper 
 voting place, together with all the necessary furniture and appliances, 
 not later than one hour before the time fixed for opening the polls of 
 that election, and, after the machine has been prepared for the election, 
 they shall provide suitable protection against its being tampered with 
 or in any way injured; and they shall, on the day of the election, pro- 
 vide sufficient light for the voters to clearly read the ballot labels on the 
 machine and for the election officer to clearly read the vote registered on 
 the counters. The said Custodians shall, after preparing the machines 
 for the election, deliver the keys thereof to the proper officer of the board 
 adopting the machines, who shall deliver them in a sealed envelope to 
 the election officers of the respective election districts, not less than 
 forty-five minutes before the opening of the polls; and shall obtain a 
 receipt therefor. [Id., § 14.] 
 
 Sec. 125,^;'. [Same— Instruction by.] All election officers 
 must be properly instructed in the use of the voting machine by the Cus- 
 todian of voting machines. [Id., § 15.] 
 
50 ELECTION LAWS OF NEBRASIvA. 
 
 Sec. 125;^^ [Same— Clerk of board.] If the board adopting 
 the machines do not employ a custodian or custodians as herein pro- 
 vided for, the duties of such custodian shall be performed by the clerk of 
 the board ado])ting the macliiiies. [Id., § 15a.] 
 
 Sec. 12bz\ [Machine exhibit.] In all places in which voting 
 machines are to be used for the first time, a voting machine or a mechan- 
 ical sample of same of sufficient size to contain the ballot labels for all 
 of the candidates to be voted for, shall be placed on public exhibition in 
 charge of a competent instructor in each election. [Id., ^ 16.] 
 
 Sec. 125^'. [Election officers, duties before and at close of 
 polls.] The election officers of each election district in which a voting 
 machine is to be used shall meet at the polling place therein, at least 
 forty-five minutes before the time set for the opening of the polls at each 
 election, and if not already done, an^ange in their proper places the 
 furniture, stationery and voting machine for the conduct of the elec- 
 tion. The election officers shall then and there have the voting machine^ 
 the keys for same, ballot labels and stationer>'^ required to be delivered 
 to them for such election. The election officers shall thereupon cause 
 the sample ballots or diagrams and posters of instruction as shall be 
 furnished, to be posted conspicuously within the polling place. If not 
 ])reviously done, they sliall insert in their proper places on the voting 
 machine, the official ballot labels. Before the polls are o])ened for elG<'- 
 tion. while the machine is locked against voting,each election officer shall 
 carefully examine the seal upon the operating lever before it is broken, 
 and sliall examine every" counter, and shall certify on the return sheet, 
 form 2, as to the registry of each counter including the ])rotective lock 
 or counter, and shall not permit any of such counters to be operated 
 thereafter except by electors in voting, and the same shall be subject to 
 the inspection of the party watchers. If any counter for a candidate is 
 found not to register zero and it shall be im])ra('ticable to so set the 
 same, the election of^cers shall immediately enter ujion return sheet, 
 form 2, the actual registry of such counter, together with its designation 
 and shall post a cony of same in a conspicuous position within the jx)!!- 
 ing place. After the close of the polls, the figures so shown u]ion such 
 ounter shall be deducted from the number a])])earint>- thereon at the 
 time of canvassing the vote, and the remainder shall be declared the 
 total number of votes cast for such candidate. If the number on any 
 such counter shall be found to be less than the number shown upon it at 
 the time of oi)ening the polls, indicating that it has been operated up to 
 and beyond nine hundred and ninety-nine, the election officers shall, in 
 such case, add one thousand to such number before deducting the num- 
 ber shown at the opening of the polls and the result shall be declared to 
 be the total numlier of votes cast for such candidato. [Id., ? 17.] 
 
 Sec. 125.c^ [Offic s and voters, conduct.] After the ojiening 
 of the polls, one of the election officers shall stand near the machine, and 
 shall regulate the admission of voters thereto. He shall always be in 
 full view of the election board, and the party watchers, the election 
 officers shall not allow any voter to ])ass 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 election 
 officers shall not themselves remain or permit any other person to re- 
 
ELECTION LAWS OF NEBRASKA. 51 
 
 main in any position, or near any position, that would permit one to see- 
 or ascertain how a voter votes, or how he has voted. It shall be the 
 duty of one of the election officers to instruct voters in the use of the 
 voting machines. For that purpose he shall take a position near the 
 line of voters about to enter the machine, and he shall ask each voter if 
 he understands how to vote, and to those who are willing to receive in- 
 structions, he shall then and there explain the operation of the machine, 
 •and illustrate it by the instruction model which he shall have with him 
 ^nd permit the voters themselves to operate the parts; if it is an election 
 ^t wliicli one or more questions are to be voted upon, he shall call each 
 T^oter's attention thereto and shall illustrate the method of voting the 
 same; such instructor shall not request or seek to persuade or induce any 
 voter to vote any particular ticket, or for any particular candidate, or 
 Jor or against any particular question. The operating of the voting 
 machine by the voter while voting shall be secret and obscure from all 
 other persons except as provided by this chapter in cases of voting by 
 :assisted voters. 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 election officers, or upon their 
 order after having first completed the registration of his vote, as he has 
 prepared it, by means of the operating lever. No voter having entered 
 the machine and returned the operating lever, shall be permitted to re- 
 -enter the same on any pretex whatever; the election officer stationed 
 beside the machine shall inspect the face of the machine after each voter 
 has cast his vote, to see that the ballot labels are in their proper places- 
 and that the machine has not been injured. During elections the door 
 or other covering of the counter compartment of the machine shall not 
 be unlocked or opened or the counters exposed except for good and 
 ;sufficient reasons, a statement of which shall be made and signed by the 
 •election officers, and shall be sent with the returns of the election. [Id.,. 
 
 :§ 18.] 
 
 Sec. 125^;^ [Voter, additional instruction.] In case any voter 
 after entering the voting machine booth shall ask for further instruc- 
 tions concerning the manner of voting, an election officer shall give such 
 instructions to him; but no election officer or person assisting a voter 
 shall in any manner request, suggest or seek to persuade or induce any 
 such voter to vote any particular ticket, or for any particular candidate,. 
 or for or against any particular question. After such instructions have 
 been given, they shall withdraw, and such voter shall vote as in the case 
 of an unassisted voter. [Id., § 19.] 
 
 Sec. 1252''. [Voter, disabled.] Any voter who shall declare 
 that he is unable to read the English language or that he will be unable 
 to operate the voting machine by reason of blindness, total disability of 
 both hands, that he cannot use either hand for ordinary pui^ioses, or 
 by reason of disease or crippled condition, the nature of which he must 
 specify, that he will require assistance in voting, shall upon request 
 receive the assistance of two election officers of opposite political 
 parties. Any election officer or officers who shall deceive any disabled 
 voter, or register his vote. in any other way than as requested, or shall 
 .give information as to what ticket or for what person or measure such 
 ^disabled voter has voted, shall be guilty of wilful fraud, and shall 
 
52 ELECTION LAWS OF NEBRASKA. 
 
 suffer the penalties prescribed therefor in the Election Laws. [Id., 
 § 20.] 
 
 Sec. 125.c\ [Same, at closing poll.] Closing the polls, in cases^ 
 where voting machines are used, shall not be deemed to exclude a voter 
 entitled to vote who shall have passed within the polling place and 
 \ liose name has been checked by the clerk before the time fixed by law 
 for closing the polls, but said voter shall be allowed to complete the act 
 of voting. [Id., § 21.] 
 
 Sec. 1250". [Irregular ballot.] Ballots voted for any person 
 whose name does not appear on the machine as a nominated candidate 
 for office, are herein referred to -as irregular -ballots; where two or more 
 candidates are to be elected to the same office, the voting devices belong- 
 ing to all the candidates for said office shall be included in a group 
 herein referred to as a multi-candidate gi'oup; in all multi-candidate 
 groups, except presidential electors, the name of each nominated candi- 
 date shall be placed upon or adjacent to a separate key or voting device, 
 and all split ballots which are confined to the nominated candidates 
 shall be voted on such keys or voting devices; except for presidential 
 electors no irregular ballot shall be voted for any person for any office 
 whose name appears on the machine as a nominated candidate for that 
 office; any irregular ballot so voted shall not be counted. An irregular 
 ballot voted for a candidate for any office must be cast in or upon that 
 part of the irregular device provided for voting on such office, or it shall 
 be void and not counted. In voting for presidential electors a voter may 
 vote an irregular ticket, made up of the names of persons in nomination 
 by different parties or partially of the names of persons so in nomi- 
 nation and partially of persons not in nomination, or wholly of names 
 of persons not in-nomination by any party. Such irregular ballot shall 
 be deposited, written or affixed in or upon the receptacle or device pro- 
 vided on the machine for that purpose. Suitable ballots for voting 
 split tickets for presidential electors on voting macliinos shall be printed 
 and furnished by the officers wliose duty it is to provide ballots. Such 
 ballots shall be uniform, and shall be of a size and kind as is best suited 
 to the requirements of the machine in connection with which they are to 
 be used. [Id., § 22.] 
 
 Sec. 125^''. [Return sheets— Books— Forms— Machine at 
 close— Keys.] In an election district, in which a \oting machine is in 
 use, no tally sheets shall be furnished, but the record of the vote shall 
 be made in ink upon return sheets as hereinafter provided. All Eetum 
 Slieets shall bo liound together in book form in the numner now pro- 
 vided by law for Poll Books. Each book shall contain on a separate 
 sheet, a statem.ent of the condition of the counters, and the delivery of 
 the keys, signed by the election officers of the election district before the 
 polls are opened; followed bv a statement of the number of voters; the 
 return of each office and question voted for, in the same order as the 
 offices and questions are placed upon tlie voting machine; followed 
 ])y a certificate that the record is correct, which shall be signed by the 
 election officers, according to the following forms: Two books contain- 
 ing complete sets of tliese sheets shall be filled out and placiMl in larue 
 scaled envelopes; and shall be delivered fortliwith to the office of the 
 officer to whom the election returns are now delivered. 
 
ELECTION LAWS OF NEBBASKA. 
 
 53 
 
 Form 1. Election Returns and Statement cf Caavass Election 
 
 District, Ward Municipality County. 
 
 State of Nebraska, 19. . . . Time Polls were closed 
 
 Time Returns were Completed 
 
 Form 2. Statement of the Election Board Certif>^ng to the Con- 
 dition of the Counters of the Voting- Machine Before the Opening of the 
 
 Polls. The undersigned Election Officers of the Election District 
 
 of the Ward, of Nebraska, have on this 
 
 day of , 19 ... , before the opening of the polls care- 
 fully examined each of the individual counters and the Public Counter 
 in the voting machine No which is to be used in this Election Dis- 
 trict, and certify that each of said counters registers 000, except as 
 stated below; and further, that during such examination the voting 
 machine was locked against voting, in which condition it remained until 
 the opening of the polls. The following counters were not set at 000, 
 
 but read as follows: Number of the Protective Counter 
 
 The keys of the machine were delivered to this Board in 
 
 a sealed envelope, which was opened in the presence of the Board on the 
 
 morning of election. 
 
 Attest: 
 
 Clerks. 
 
 Judges. 
 
 Form . 3. Election Returns and Statement of Canvass. Official 
 
 statement of the result of an Election held on the day of , 
 
 19. . ., in the Election District of the County of 
 
 State of Nebraska, made by the Election Board in and for 
 
 said district. 
 
 Voting done with the .'.... Voting Machine No 
 
 Tlie whole number of voters who entered the voting machine, as shown 
 by the Public Counter on the Voting Machine, and verified by the 
 
 Clerks' list is (Number to be written out in words.) 
 
 (Number in figures.) Number on the Protective Counter at 
 
 the close of the polls 
 
 Fonn 4. Statement and Return of the Votes for the Office of 
 
 as Shown on the Counters of the Voting Machine, Marked 1. 
 
 The whole number of votes cast for the office of ........ . was 
 
 OF WHICI 
 
 BAIJ.OT AND 
 COUNTER MARKED 
 
 NUMBER TO BE WRITTEN OUT 
 IN WORDS. 
 
 COI.TTMN FOR 
 FIGURES. 
 
 
 1 A received 
 
 
 
 , 
 
 1 B " 
 
 
 
 
 1 C " 
 
 
 
 
 1 D " 
 
 
 
 
 1 E " 
 
 
 
 
 1 F " 
 
 
 
 
 1 G " 
 
 
 
 
 
 
 
 
 
 
 
 
 Total 
 
 
 
 
 Clerks will record the number on each counter on every row from A 
 to G inclusive. To be followed by as many sheets of Fonn 4 as there are 
 candidates to be elected. 
 
54 ELECTION LAWS OF NEBRASKA. 
 
 Form 5. Statement and Return of the Vote Cast. 
 
 On Question Number 1. 
 (Statement of Question) 
 
 Counter marked 1 Yes registered (In numbers.) 
 
 (Number to be written out in words.) 
 
 Counter marked 1 No registered (In numbers.) 
 
 (Nuuiber to be written out in words.) 
 
 Form 6. Return and Statement of Canvass. Certificate. 
 
 We, the undersigned Election Officers of the Election Dis- 
 trict of the AVard of , Certify that the statement 
 
 of canvass on the. . . . (Number of) return sheets of this book was called 
 oft' by one of the Election Officers from the Counters of the voting ma- 
 chine, and recorded in the book by the Clerks; and that another of the 
 Election Officers then called off the numbers as shown on the counters; 
 which were recorded by the Clerks in the additional book; and that 
 each of the books has been carefully compared with the other, and that 
 each sheet contains a correct statement of the votes cast for the office 
 named thereon as shown on the Counters of the voting machine; and 
 that the keys of the machine have been enclosed in an envelope sealed 
 with a paster signed by us, which will be delivered with the returns. 
 
 Dated this day of 19 ... . 
 
 Attest: 
 
 Clerks. 
 
 Judges. 
 
 x\s soon as the polls of the election are closed, one of the election 
 officers shall immediately lock the operating lever and the machine 
 against voting with the locks provided therefor, also seal the operating 
 lever, and oj)en the counting compartment in the presence of the watch- 
 ers and all other persons who may be lawfully within the polling place, 
 giving full view of all the counter numbers. One of the election officers 
 shall, in the order of the offices as their titles are arranged on the ma- 
 ehine, read and announce in distinct tones the result as shown by the 
 eounter numbore, giving the designation of each counter, reading the 
 votes recorded for each office on the regular ballots, also the numbers 
 registered on the counters opposite no nominations or blank spaces and 
 on all unused party rows, to the length of the printed ballot label. The 
 counters shall not in any case be read consecutively along the party 
 TOWS or cohunns, but shall always be read along the office columns or 
 TOWS and across the party rows or columns, and the vote as registered 
 shall be entered upon the return sheets in the same order upon the line 
 which has the same designation. The Election officers shall also read 
 the votes recorded for each office on the irregular baHots. Thoy shall 
 in the same manner announce the vote on each (picstion. Each clerk 
 shall simultaneously and independently enter in ink the vote on the 
 official return sIkm^Is as it is announced by the judge, and no official re- 
 turn of any kind shall be made up from any otlicj- imjMM- or record, but 
 shall in every case be made directly from the counters on the machine. 
 The judge shall call the votes deliberately, indicating each counter by 
 
ELECTION LAWS OF NEBRASKA. O.J 
 
 its designation, and the clerks shall in every case record the vote in 
 figures in the place on the return sheet for that office, and shall call 
 hack the number of votes, the name of the candidate for whom such 
 vote is recorded, and the designation of such counter. The return sheets 
 shall he compared with one another, and the vote for each candidate 
 shall then be written in ink in full after his name, next to the figures 
 as called from the coiunters. The written statements or returns so 
 made shall be properly signed, and then be distinctly and clearly read 
 in the hearing of all persons present, the counter compartment of the 
 machine shall remain open at least one hour from the time of the closing 
 of the polls until the adjournment of the board, and ample opportunity 
 shall be given to compare the results so certified with the counters 
 of the machine and to make any necessary corrections. The number 
 registered on the protective counter at the close of the polls shall be 
 recorded on the return sheets. Before the adjournment of the board the 
 doors of the machine shall be locked and the keys shall be enclosed in 
 an envelope which shall be securely sealed with a paster signed by the 
 election officers, on which shall be written the number of the machine, 
 and the election district and ward in which it has been used; and such 
 envelope shall be delivered with the returns. All keys for voting ma- 
 chines when not in use shall be kept securely locked by the official hav- 
 ing them in charge. It shall be unlawful for any unauthorized person 
 to have in his possession any key or keys of any voting machine; and 
 all election officers or persons entrusted with such keys for election pur- 
 poses or for the preparation of the machine therefor shall not retain 
 them longer than necessary to use them for such legal purpose. [Id., 
 § 23.] 
 
 Sec. 1250'^ [Irregular ballots, return— Machine closed after 
 election.] Whenever irregular ballots have been voted, the election 
 officers shall return all of such ballots in a properly sealed package en- 
 dorsed '^ irregular ballots," and file such package with the election 
 returns; it shall be preserved for six months after such election, and 
 may be opened and its contents examined only upon order of a court of 
 competent jurisdiction; and at the expiration of such time, such ballots 
 may be disposed of in the discretion of the officer or board having 
 charge of them. Nothing in this act shall prohibit the officers having 
 charge of the election on the written request of any of the candidates, 
 from opening the door of the counter compartment in the presence of 
 representatives of the local party organizations after such elections; 
 but in no case, for a period of thirty days, shall any portion of the 
 voting mechanism be unlocked or disturbed except by order of a court 
 of competent jurisdiction. [Id., § 24.] 
 
 Sec. 125^^". [Violation of act— Interfering with machine, 
 etc.] Tlie provisions of the penal code and of the election law relating 
 to misconduct at elections shall apply to elections with voting machines. 
 Any person who shall before or during an election tamper with any 
 voting machine; or who shall interfere or attempt to interfere with the 
 correct operation of the voting machine, or the secrecy of voting; or 
 who shall wilfully injure a voting machine to prevent its use: or any 
 election or police officer, or anyone employed to assist in the care or 
 
Od ELECTION LAWS OF NEBRASKA. 
 
 arrangement of the voting machine, who shall permit any person to 
 violate the secrecy of the voting, or to interfere in any way with the 
 correct operation of the voting machine; or any unautliorized person 
 who shall make a duplicate or have in liis possession a ke}' to a voting 
 machine that has been adopted and will be used in elections in this 
 State shall be guilty of a felony, punishable by imprisonment in a state 
 prison for not less than one year nor more than five years. [Id., § 25.] 
 
 3360;/ Sec. 125.;^''. [Present laws applicable— Acts repealed.] All 
 laws relating to elections now in force in this state, shall apply to all 
 elections under this act, so far as the same may be applicable thereto; 
 and so far as any laws or parts of laws now in being are inconsistent 
 with or repugnant to this, the same are hereby dechired to have no appli- 
 cation to elections held with voting machines. Sections 125m, 125n, 
 125o, 125p, 125q, 125r, 125s, 125t, 12ou, 125v, 125w, 125x, 125y, 125z, of 
 Chapter 26 of the Compiled Statutes of Nebraska for the year 1901 as 
 heretofore existing and all acts and parts of acts in conflict herewith are 
 hereby repealed. [Id., § 26.] 
 
 3360o Sec. 125;^^''. [Judges, clerks, number.] Where voting ma^ 
 chines are used the election board shall consist of two. judges and one 
 clerk and shall be chosen in the manner now provided by law— Pro- 
 vided, however, that when a general registration of voters is held in 
 connection with an election where voting machines are used, then and 
 in that event the election board shall consist of three judges and two 
 clerks. 
 
ELECTION LAWS OF NEBRASKA. 57 
 
 AUSTRALLA.N BALLOT LAW. 
 
 Sec. 126. [Ballots printed at public expense.] That all bal- 
 lots cast in election for public officers within this state, shall be printed 
 and distributed at public expense, as hereinafter provided. The print- 
 ing of ballots and cards of instruction for the electors in each county, 
 and the delivery of the same to the election officers, as hereinafter pro- 
 vided, shall be a county charge, the payment of which shall be provided 
 for in the same manner as the payment of other county expenses. The 
 expense of printing and delivering the ballots, and cards of instruction 
 to be used in municipal elections, shall be a charge upon the city or 
 village in which said municipal elections shall be held. [1897, chap. 31, 
 
 §1.] 
 
 Sec. 127. [Nomination of candidates by convention.] Any 
 convention or primary meeting, as hereinafter defined, held for the pur- 
 pose of making nominations for public offices, and also voters of the 
 number hereinafter specified, may nominate candidates for public offices, 
 to be filled by election within the state ; a convention or primary meeting 
 within the meaning of this act is an organized assemblage of voters, rep- 
 resenting a political party which at the last election before the holding 
 of such election or primary meeting, polled at least one per cent, of the 
 entire vote in the state, county or other subdivision or district for which 
 the nomination is made. A committee appointed by such convention or 
 primary meeting may also make nominations for public offices, and 
 authorized to do so by resolution, duly passed by the convention or 
 meeting at which said committee was appointed. A state convention of 
 any political party may take action upon any constitutional amendment 
 which is to be voted upon at the following election, and said convention 
 may declare for or against such amendment, and such declaration shall 
 be considered as a portion of their ticket to be filed with the secretary 
 of state and by him certified to the various county clerks. [Id., § 2. 
 Amended 1901, chap. 29, § 3.] 
 
 Sec. 128. [Party emblem. Repealed, Laws, 1899, chap. 26.] 
 Sec. 129. [Certificate of nomination by convention or commit- 
 tee.] All nominations made by such convention, committee or primary 
 meeting, shall be in writing, shall contain the name for which each per- 
 son is nominated, the name and residence of each person, and if in a city 
 the street number of residence, and place of business, if any, and shall 
 designate in not more than five words the party principal which said 
 convention, committee or primary meeting, represents. Also any party 
 action relative to any proposed constitutional amendment, whether for 
 or against, shall be in writing and shall form a part of such certificate. 
 It shall be signed by the presiding officer and secretary of such conven- 
 tion, committee or primary meeting, who shall add to their signatures 
 
58 ELECTION LAWS OF NEBRASKA. 
 
 their respective places of "business, and make oath before* a qualified 
 officer to administer the same, that the affiants were such officers of such 
 convention, committee, or primary meeting, and that said certificates, 
 and the statements therein contained, are true to the best of their knowl- 
 edge and belief. When the nomination is made by a committee, the 
 certificate of nomination shall also contain a copy of the resolution, 
 passed at the convention or primary meeting which authorized the com- 
 mittee to make such nominations. Certificates of nomination of candi- 
 dates for office to be filled by the voters of the entire state, or any 
 division or district greater than a county, including candidates for con- 
 gress, or any party action taken relative to any proposed constitutional 
 amendment shall be filed with the secretary of state, except as in this 
 act otherwise provided. Certificates of nomination for all county, dis- 
 trict or precinct offices, including members of both branches of the 
 Legislature, shall be filed with the county clerk of the respective coun- 
 ties wherein the officers are to be elected, and in case the legislative dis- 
 trict from which such candidate is to be elected embraces more than one 
 county, then in that case the certificates shall be filed with the county 
 clerk of each county included in such district. Certificates for the nom- 
 ination of the judge of the district court shall be filed with the county 
 clerk of each county embraced in such judicial district. Certificates of 
 nomination for municipal officers shall be filed with the municipal clerk 
 of such municipal corporation wherein the officers are to be elected. 
 [Id., § 4. Amended 1899, chap. 26; 1901, chap. 29, § 4.] 
 
 Sec. 130. [Same — Nominations otherwise.] Candidates for 
 public office may be nominated otherwise than by convention, commit- 
 tee or primary meeting in the following manner: A certificate of nomi- 
 nation containing the name of the candidate for the office to be filled, 
 with such information as is required to be given in certificates provided 
 for in section one hundred twenty-nine [four] of this act, shall be 
 signed by electors residing in the district, or political division in which 
 the officers are to be elected, in the following manner. The number of 
 signatures shall not be less than five thousand, when the nomination is 
 for an office to be filled by the electors of the entire state, and not less 
 than two hundred and fifty when the nomination is for an office to be 
 filled by the electors of the city, county, district, or other division less 
 than the state, and not less than fifty when the nomination is for an 
 office to be filled by the electors of a township, precinct or ward. Pro- 
 vided, That the number of signatures need not in any instance exceed 
 one-fourth of the total number of voters when the nomination is for an 
 office to be filled by the electors of a county, township, precinct, village 
 or ward, and that the signatures need not all I'e appended to one paper. 
 Provided Further, That candidates nominated under the provisions of 
 this section, shall be termed candidates by petition, and upon the ballot 
 upon which their names are printed shall be printed after such names 
 the words ''By Petition." Each elector signing a certificate shall add to 
 his signature, his place of residence, his busnness, and his business ad- 
 dress. Such certificate may be filed as provided for in section one hun- 
 dred twenty-nine [4] of this act, in the same manner, with the same 
 (^ effect as a certificate of nomination made by a party convention, com- 
 
ELBC5TI0N LAWS OF NEBRASKA. 59 
 
 mittee or primary meeting; Women qualified to vote for any public 
 office may sign nomination papers for candidates for such office. [Id.^ 
 § 5. Amended 1899, chap. 26.] 
 
 Sec. 131. [New party— Certificates— Contents.] Electors may 
 form new parties and hold their state, district, county, precinct or mu- 
 nicipal conventions and nominate candidates for office. They shall not 
 adopt any of the old party names nor any part thereof, and when such 
 electors to the number of two hundred participate in a state convention, 
 or fifty in a congressional, district or county convention, or twenty-five 
 in any precinct, city, village or ward convention, they may make party 
 nominations for either state or congressional, county, district, precinct, 
 municipal or ward offices, but the certificate of nomination shall contain 
 the name of the new party that said electors may have adopted, and 
 shall state in addition in the certificate of nomination required to be 
 filed by section one hundred and twenty-nine of this act, as the case may 
 require, that said new party had at least two hundred persons partici- 
 pating in said state, fifty in said congressional, district, county or mu- 
 nicipal convention, and at least twenty-five in said precinct, ward, or 
 village convention, and when otherwise in conformity to law may be 
 filed with the respective officers as provided by section one hundred and 
 twenty-nine of this act. [Id., § 6. Amended 1899, chap. 26.] 
 
 Sec. 132. [Repealed. Laws, 1899, chap. 26, § 2.] 
 
 Sec. 133. [Certificates— Preservation— Publicity.] The secre- 
 tary of state shall cause to be preserved in his office for the period of two 
 years (2) all certificates of nomination filed therein under the pro- 
 visions of this act; and each county and municipal clerk shall cause to be 
 preserved in his office for the period of two (2) years all certificates of 
 nomination filed therein under the provisions of this act. All such cer- 
 tificates shall be open to public inspection. [Id., § 8.] 
 
 Sec. 134. [Same— Time of filing.] When nominations are 
 made by a convention, committee, or primary meeting, as provided for 
 in section four (4) of this act, the certificates of nomination to be filed 
 with the secretary of state shall be filed not less than twenty-five days 
 before the day fixed by law for the election of the persons in nomination, 
 and the certificates of nomination herein directed to be filed with a 
 county clerk shall be filed not less than twenty days before election, 
 and the certificates of nomination herein directed to be filed with a mu- 
 nicipal clerk shall be filed not less than fifteen (15) days before election. 
 Certificates of nomination otherwise than by a convention, committee 
 or primary meeting, made according to the provisions of section five 
 (5) of this act, shall when required to be filed with the secretary of 
 state, be filed not less than fifteen (15) days before election; and when 
 required to be filed with the county clerk, shall be filed not less than 
 twelve (12) days before election; and when required to be filed with a 
 municipal clerk, shall be filed not less than ten (10) days before elec- 
 ■^•ion. Certificates of nomination for a new party may be filed with the 
 ecretary of state, county clerk, or municipal clerk within twenty, fifteen, 
 or twelve days before election as the case may require. [Id., § 9.] 
 
 Sec. 135. [Same— Duties, secretary bf state.] The secretary 
 of state shall immediately upon the expiration of the time within which 
 
60 ELECTION LAWS OF NEBRASKA. 
 
 certificates of nomination may be filed with him, certify to the county 
 clerk of each county, within which any of the voters may by law vote 
 for a candidate or candidates named in the certificate, the name and de- 
 scription of each of such candidates, together with the other details 
 mentioned in the certificate of nomination so filed with the secretary of 
 state, and also any proposed constitutional amendment, or party declara- 
 tion relative thereto, lOr other question to be submitted to the people of 
 the state for popular vote. [Id., § 10. Amended 1901, chap. 29, § 5.] 
 
 Sec. 136. [Declination of nomination.] Whenever any person 
 nominated for public office, as in this act provided, shall at least twelve 
 (12) days before the day of election, if he shall have been nominated as 
 provided in section four (4) of this act, or at least ten (10) days before 
 the day of election if he shall have been nominated as provided in sec- 
 tion five (5) of this act, notify the officer with whom the original cer- 
 tificate of his nomination was filed, in writing, signed by him, and duly 
 acknowledged, that he declines such nomination, the same shall be void, 
 and his name shall not be printed upon the ballots. The officer to whom 
 such notification is given shall forthwith inform, by mail or otherwise, 
 one or more persons whose names are attached to the original certificates 
 of nomination that such nomination has been declined. [Id., § 11.] 
 
 Sec. 137. [Objections to certificates.] All certificates of nomi- 
 nation which are in apparent conformity with the provisions of this act 
 shall be deemed to be valid, unless objection thereto shall be duly made 
 in writing within three days after the filing of the same. In case such 
 objection is made, notice thereof shall forthwith be mailed to all candi- 
 dates who may be affected thereby, addressed to them at their respective 
 places of residence as given in the certificate of nomination. Objections 
 to use of party name may also be made and passed upon in the same 
 manner as objections to certificates. The officer with whom the original 
 certificate was filed shall in the first instance pass upon the validity of 
 such objection, and his decision shall be final, unless an order shall be 
 made in the matter by a county court, or by a judge of the district 
 court, or by a justice of the supreme court at chambers, on or before the 
 Wednesday preceding the election. Such order may be made sum- 
 marily upon application of any party interested, and upon such notice 
 as the court or judge may require. The decision of the secretary of 
 state, or the order of the judge, or Supreme Court Justice revising such 
 decision, shall be binding on all other county, municipal, or other officers 
 with whom certificates of nomination are filed. In case of a division in 
 any party, the Secretary of State shall give the preference of the party 
 name to the convention held at the time and place designated in the call 
 of the regularly constituted party authorities, and if the faction or 
 factions shall present no other name, the Secretary of State shall select 
 a name or title, and place the same on the ballot after the name of the 
 candidates of said faction. The action of the preceding national con- 
 vention of such party, regularly called, shall determine the action of 
 the Secretary of State, or the court, in its decision. The Secretary of 
 State may be compelled by peremptory order or mandamus proceedings, 
 to perform his duty in this respect [Id., § 12. Amended 1899, chap. 
 26.] 
 
ELECTION LAWS OF NEBRASKA. 61 
 
 Sec. 138. [Vacancy in nomination.] Should any person so 
 nominated die before election day, or decline the nomination, as in this 
 act provided, or should any certificate of nomination be insufficient or 
 inoperative, the vacancy or vacancies thus occasioned may be filled in 
 the manner required for original nominations. If the original nomina- 
 tion was made by a party convention which had delegated to a com- 
 mittee the power to fill vacancies, such committee may upon the occur- 
 ring of such vacancies proceed to fill the same. The chairman and 
 secretary of such committee shall thereupon make and file with the 
 proper officer a certificate setting forth the cause of the vacancy, the 
 name of the person nominated, the office for which he was nominated, 
 the name of the person for whom the new nominee is to be substituted, 
 the fact that the committee was authorized to fill vacancies, and such 
 further information as is required to be given in an original certificate of 
 nomination. The certificate so made shall be executed and sworn to in 
 the manner prescribed for the original certificate of nomination, and 
 shall, upon being filed at least eight (8) days before election, have the 
 same force and effect as an original certificate of nomination. When 
 such certificate shall be filed with the secretary of state, he shall, in 
 certifying the nominations to the various county clerks, insert the name 
 of the person who has thus been nominated to fill a vacancy in place of 
 that of the original nominee; and in the event that he has already sent 
 forward his certificate, he shall forthwith certify to the clerk of the 
 proper counties the name and description of the person so nominated to 
 fill a vacancy, the office he is nominated for, together with the other 
 details mentioned in the certificate of nomination so filed with the 
 secretary of state, and the name of the person for whom such nominee 
 is substituted. A vacancy by death occurring after the time for filing 
 corrective certificate or certificates, to fill vacancy, or after the printing 
 of the ballots, may be filled by the chairman of the party committee, by 
 filing his proper certificate with the Secretary of State, at least six (6) 
 days, and with the county or city or village clerk, at least two (2) days 
 before the election, and the name, office and party of the candidate so 
 nominated shall be printed on adhesive slips, or pasters, by the county 
 or city or village clerk, which shall be delivered to the judges for each 
 voting precinct before the opening of the polls, and pasted by them in 
 the proper place on the ballot before the same is handed to the electors. 
 [Id., § 13.] 
 
 Sec. 139. [Official ballot — School elections.] Except as in 
 this act otherwise provided, it shall be the duty of the county clerk of 
 each county to provide printed ballots for every election for public offi- 
 cers in which electors, or any of the electors within the county partici- 
 pate, and to cause to be printed in the ballot the name of every candidate 
 whose name has been certified to, or filed with the county clerk in the 
 manner provided for in this act. But in municipal elections the city or 
 village clerk shall provide printed ballots. Ballots other than the offieial 
 white ballot printed by the respective county, or municipal clerks, ac- 
 cording to the provisions of this act, shall not be cast or counted in any 
 election. Nothing in this act contained shall prevent any voter from 
 writing on his ballot the name of any person for whom he desires to 
 
62 BliBOnON LAWS OF NEBRASKA. 
 
 vote, for any office, and such vote shall be counted as if printed on the 
 ballot, and marked by the voter, and any voter may take with him into 
 the polling place any printed or written memorandum or paper to assist 
 him in making or preparing his ballot, except as hereinafter otherwise 
 provided. Elections for school district officers except for members of 
 the boards of education in cities, are excepted from the provisions of 
 this act. [Id., §14] 
 
 Sec. 140. [Same— Form— Contents— X mark by voter— Sam« 
 pie ballot.] All official ballots prepared under the provisions of this 
 act shall be white in color, six inches wide, and of a good quelity of 
 news printing paper, and the names shall be printed thereon in black 
 ink. At the top and left side of the ballot shall be printed in black- 
 faced capital type, not less than one-eighth of an inch high, the name of 
 each party having candidates on the ballot; and to the right of each 
 party name, a circle one-half inch in diameter, with leaders connecting 
 the party name to the circle. Over the top circle shall appear the fol- 
 lowing printed instructions: "To Vote a Straight Ticket Make a Cross 
 Within Your Party Circle.'* Every ballot shall further contain the 
 name of every candidate whose nomination for any office specified in the 
 ballot has been certified or filed according to the provisions of this act, 
 and no other names and the name of no candidate shall appear on the 
 ballot more than once. The names of candidates for each office to be 
 arranged as follows: The party polling the highest number of votes at 
 the last general election for the first set of candidates on the state 
 ticket, shall have the right of its nominee immediately beneath the name 
 of the office for which such candidate was nominated ; the party polling 
 the second highest number of votes shall have the second place; the 
 party polling the third highest number shall have the third place, and 
 so on, leaving those candidates whose names appear upon said ballot 
 by petition, to appear beneath all other candidates placed there by nom- 
 ination. The party names at the top of the ballot shall have the same 
 order of priority as is here provided for names of party candidates. In 
 each division, and beneath all candidates placed there by nomination 
 or petition, a blank space shall be provided, into which electors may 
 write the name of any person for whom they wish to vote, and whose 
 name is not printed upon the ballot. The form of the ballot shall, as 
 near as possible, conform to schedule "A" hereof. Each division con- 
 taining the name of the office and a list of the candidates nominated for 
 such office, shall be separated from other groups or divisions by a dis- 
 tinct and heavy line. Any candidate who shall be the regular nominee of 
 one or more party conventions, shall have the party title of each party so 
 nominating him printed after his name. The names of the candidates 
 shall be printed in capital letters one-eighth of an incli high, and fol- 
 lowing each line upon which the name of the candidate and party title 
 is printed, a square shall be printed, each side of which shall be one- 
 fourth of an inch, and leaders shall connect the name of each candidate 
 to the party title and square. The space intervening between the names 
 of the candidates of the same party for the same office, shall be three- 
 sixteenths of an inch, and the space between candidates of different 
 parties shall be one-fourth of an inch. In precincts where there are 
 
ELECTION LAWS OF NEBRASKA. 63 
 
 more than one road district, each elector shall only vote for the candi- 
 date for overseer of the district in which said elector resides, and such 
 vote shall be cast in the following manner: Before handing a ballot to 
 the elector who is about to cast his vote, the judge shall ask of such 
 elector the number of the road district in which such elector resides. 
 The judge shall then draw a line with a blue pencil through the names of 
 all candidates for such office except the candidate of the district in which 
 such elector resides. There shall be a margin on each side of the ballot 
 one-half inch wide. Whenever the Secretary of State has duly certified 
 to the county clerk questions to be submitted to the vote of the people, 
 the county clerk shall have printed above the names of all candidates, 
 and below the space for a straight party vote upon the regular ballots 
 the question in such form as will enable the elector to vote upon the 
 .question so presented. On constitutional questions submitted to the 
 voters, where a "For" or ''Against" vote is required, and where any 
 political party has in state convention taken action as a party either for 
 or against such question, the county clerk shall have the name of such 
 political party printed directly after the words "For" or "Against", as 
 the case may be, so as to plainly indicate to the voter the stand taken 
 by such party on such question as shown in schedule "A" of Section 
 160. The County Clerk shall also prepare the necessary ballots when- 
 ever any question is required by law to be submitted to a vote of the 
 electors of any locality, and not to the State generally. Provided 
 however, that when questions are submitted to the voters of any muni- 
 cipal corporation alone, it shall be the duty of the municipal clerk to 
 provide the necessary ballots. Sample ballots, printed upon red or 
 green paper, and in the form of those to be used on election day, shall 
 be printed and in possession of the county clerk, or municipal clerk, ten 
 days before the day of election, subject to public inspection. The official 
 ballot shall be printed and in possession of the municipal or c®unty 
 clerk at least five days before election, and suT^ject to inspection by the 
 candidates and their agents. At the top of the official ballot shall be 
 printed the words "Official Ballot" and at the top of the sample ballot 
 shall be printed the words "Sample Ballot". Any elector of any elec- 
 tion precinct, district, or municipality, may obtain from the county or 
 municipal clerk not to exceed two sample ballots on or before the day 
 of election. No person other than the county or municipal clerk shall 
 print or cause to be printed any ballot or ballots marked "Official Bal- 
 lots", nor shall any person except said clerk print or cause to be printed 
 anv ballot or ballots upon white paper. [Id., § 15. Amended 1899, chap. 
 26] 1901, chap. 29; 1903, S. F. 201.] 
 
 Sec. 141. [Number of ballots.] The county or municipal 
 clerk, charged by this act with the duty of printing and providing bal- 
 lots, shall provide for each election precinct or district in the county or 
 municipality, seventy-five (75) ballots of each kind for every fifty (50) 
 or fraction of fifty (50) voters registered at the last preceding election 
 in the district. If there is no registry in the precinct, district or munici- 
 pality, such ballots shall be provided to the number of seventy-five (75) 
 of each kind for every fifty (50) or fraction of fifty (50) voters who 
 voted at the last general election in the district. When a precinct oi 
 
64 ELECTION LAWS OF NEBRASKA. 
 
 district shall be divided or the boundaries changed, the clerk must ascer- 
 tain, as nearly as possible, the number of voters in the new district or 
 districts, and provide therefore a sufficient number of ballots in the 
 above proportion. [Id., § 16, Amended 1901, chap. 29, § 7.] 
 
 Sec. 142. [Error in ballots.] Whenever it shall appear by 
 nffidavit that an error or omission has occurred in the names or descrip- 
 tion of the candidates nominated for office, or in the printing of the 
 sample or official ballots, the county judge or a judge of the district 
 court sitting at chambers may, upon application of any voter, by order, 
 require the clerk charged with the duty in respect to which such error 
 or omission had occurred, to correct such error, or to show cause why 
 such error should not be corrected. The clerk shall also upon his own 
 motion, correct without delay any patent error in the ballots which he 
 may discover or which shall be brought to his attention, and which can 
 be corrected without interfering with the timely distribution of the bal- 
 lots as hereinafter provided. [Id., § 17.] 
 
 Sec. 143. [Ballots — Distribution — Unofficial.] Before the 
 opening of the polls the county clerk of the county or the municipal 
 clerk in the case of municipal election, shall cause to be delivered to the 
 judges of election of each election precinct which is within the county 
 (or within the municipality in the case of municipal elections) and in 
 which the election is to be held, at the polling place of the precinct, t' e 
 proper number of ballots as provided for in section 16 [141] of this nf 
 The ballots for each precinct or district shall be enclosed in a sealed 
 packet marked with the proper designation of the precinct or district 
 and at the opening of the polls the package of ballots shall be publicly 
 broken by one of the judges of election. If for any cause the official 
 ballots prepared by the county or municipal clerk as herein prescribed 
 shall not be ready for distribution at any polling place, or if the supply 
 of ballots shall be exhausted before the polls are closed, unofficial ballots, 
 printed or written as nearly as possible in the form of the official ballots, 
 may be used. [Id., § 18.] 
 
 Sec. 144. [Booths— Guard rails— Election districts.] All of- 
 ficers upon whom is imposed by law the duty of designating the polling 
 places, shall provide in each polling place designated by them a sufficient 
 number of places, booths, or compartments, which shall be furnished 
 with such supplies and conveniences as shall enable the voter conven- 
 iently to prepare his bnllot for voting, and in which electors may mark 
 their ballots, screened from observation, and a guard rail so constructed 
 that only persons within such rail can approach within twelve feet of 
 the ballot boxes, or the places, booths, or compartments herein provided 
 for. Provided, however, that in country places where a sufficiently large 
 room cannot be obtained, the guard rail may be placed within six (6) 
 feet of the ballot box and booths. The number of such places, booths or 
 compartments shall not bo less than one for every fifty voters or fraction 
 thereof registered in the district or precinct, and where there has been 
 no registration of voters, the number of such places, boot4is, or compart- 
 ments shall not be less than one for every fifty electors voting in the 
 precinct at the last general election. No person other than electors en- 
 gaged in receiving, preparing or depositing their ballots, the judges and 
 
ELECTION LAWS OF NEBRASKA. 
 
 65 
 
 clerks of election, and one qualified elector of the voting precinct from 
 each of the political parties for the purpose of challenging illegal votes, 
 shall be permitted to be within said rail. The expense of providing such 
 places or compartments and guard rails shall be a public charge, and 
 shall be provided for in the same manner as the other election expenses. 
 The officers now charged by law with the division or alteration of elec- 
 tion districts or precincts shall, as far as necessary, alter or divide the 
 existing election districts or precincts in such manner that each election 
 district or precinct shall not contain more than three hundred voters. 
 [Id., § 19.] 
 
 Sec. 145. [Ballots— Delivery to electors— Additional judges.] 
 At any election the judges of election shall designate two of said judges 
 whose duty it shall be to deliver ballots to the qualified electors. At the 
 same time and in the same manner as Judges of election are now ap- 
 pointed or elected two additional Judges of election for each election 
 district or precinct, in Cities where a registration of voters is required, 
 shall be appointed or elected, the said additional Judges of election shall 
 be paid in the same manner and at the same time as Judges of election 
 are now paid. [Id., § 20.] 
 
 Sec. 146. [Manner of voting.] When any duly qualified elec- 
 tor shall present himself at the polling place of his election district or 
 precinct for the purpose of voting at any election then in progress, he 
 shall receive from a judge of the election board a ballot on the back of 
 which two judges of the board shall first write their names in ink. The 
 elector then forthwith proceeds alone into a compartment if one be 
 then unoccupied, and prepares his ballot by marking it with a blue 
 pencil in the following manner: If he wishes to vote a straight party 
 ticket he shall make a cross in the circle at the right of the name of his 
 party at the head of the ballot, and his vote shall be considered as a vote 
 for every candidate and endorsed constitutional amendment of that 
 party on the ballot. If the voter does not wish to vote a straight ticket 
 he shall make a cross in the square to the right of every candidate for 
 whom he desires to vote, or, in a presidential election, by making a cross 
 in the circle to the right of the presidential electors of his choice; if he 
 desires to vote for all the electors of one party, or by writing the name 
 of the person for whom he desires to vote, and whose name is not 
 printed on the ballot, in the blank space provided therefor and making 
 a cross in the square to the right thereof; and in case of a question to be 
 submitted to the vote of the people, by making a cross in the square to 
 the right of the answer he wishes to give. When a voter shall have made 
 a cross in one of the circles for a straight party ticket, and shall have 
 also made crosses in any of the squares to the right of the name of any 
 candidates or in either square to the right of any constitutional amend- 
 ment his vote shall be so counted as a vote for said candidates and for or 
 against said amendments, as the case may be, but for all other officers or 
 constitutional amendments his vote shall be counted for the candidates 
 and party action concerning amendments of that party in whose party 
 circle he has made a cross. Wlien two or more candidates of the same 
 party are grouped on the ballot for the same office (as two or more repre- 
 sentatives) a cross in the circle to the right of the group will be a vote 
 3 
 
66 ELECTION LAWS OP NEBRASKA. 
 
 for all the candidates in the group; if the voter wishes to vote for one 
 or more of the candidates for that office of another party or parties, he 
 must make a cross in the square to the right of each candidate of his 
 own party for whom he wishes to vote for that office, and also make a 
 cross in the square to the right of the name of each candidate of any 
 other party or parties for whom he wishes to vote for the same office. 
 The voter shall then fold his ballot so as to conceal the names and marks 
 thereon, and to expose the names of the judges of the election hoard 
 upon the back thereof, and shall without delay, and without exposing 
 the names or marks upon the front thereof, and without leaving the en- 
 closure in which the compartments are placed, deliver the ballot so 
 folded to the judge of election, who shall without exposing the names 
 or marks upon the front or face thereof, approve the signatures upon the 
 back thereof, and deposit the ballot in the ballot box in the presence of 
 the elector, and the elector shall forthwith leave the railed enclosure. 
 No elector shall be allowed to occupy a voting compartment occupied by 
 another, nor to remain within the railed enclosure in which the com- 
 partments are situated, more than ten minutes, nor to occupy a voting 
 compartment for more than five minutes. In cities where the registra- 
 tion now is or hereafter may be required by law, no person shall receive 
 a ballot unless his name duly appears on the registration list of the 
 election district, or be established in a manner provided by law his right 
 to vote. When such person receives a ballot a check shall be placed 
 opposite his name upon the registration list, and when he votes his name 
 shall be again checked on such list. Every elector receiving a ballot 
 shall vote before leaving the polling room, or if he does not wish to vote 
 then, he shall, before leaving the polling room, return the ballot so 
 received to a member of the election board. No person receiving a ballot 
 shall, under any pretext whatever, take the same from the polling room, 
 and any person taking a ballot from the polling room shall forfeit and 
 lose his right to vote at the election, and shall be deemed guilty of a mis- 
 demeanor and fined not less than ten (10) dollars nor more than one 
 hundred (100) dollars. [Id., § 21. Amended 1899, chap. 26; 1901, chap. 
 29, § 8.] 
 
 Sec. 147. [Spoiled and unsued ballots.] Any voter who shall 
 by accident or mistake spoil his ballot, may, on returning said spoiled 
 ballot, receive another in place thereof; Provided, he shall not receive to 
 exceed four (4) in all. The judges of election shall cause the unused and 
 spoiled ballots to be made up in a sealed packet, and shall endorse the 
 same with the words ''Unused and spoiled ballots," with the proper 
 designation of the election district, and shall sign such endorsement, 
 and shall return such packet to the clerk of their respective county or 
 municipality, with a statement made up by the members of the election 
 board of the district, showing the number of ballots received for such 
 district, and accounting for them as follows: First, number counted in 
 ballot box, second, number unused and returned. [Id., § 22.] 
 
 Sec. 148. [Disabled voters.] Any voter who declares to the 
 judge of election that he cannot read, or that by blindness, or other 
 physical disability he is unable to mark his ballot, shall, upon request, 
 receive the assistance of one judge and one clerk, each of different 
 
ELECTION LAWS OF NEBRASKA. 67 
 
 political parties of the election officers, one of whom shall be of the 
 voters own political party in the marking thereof, and said officers shall 
 certify on the outside thereof that it was so marked with their assist- 
 ance, and shall thereafter give no information regarding the same; tlie 
 judges shall require such declaration of disability by the voter, under 
 oath before them, and they are hereby qualified to administer the same. 
 No elector other than the one who may, because of his inability to read, 
 or physical disability, be unable to mark his ballot, shall divulge to any 
 one within the polling place the name of any candidate for whom he 
 intends to vote, or to ask or receive the assistance within the polling 
 place in the preparation of his ballot. [Id., § 23.] 
 
 Sec. 149. [Ballots unidentified not received.] No judge of 
 election shall deposit in any ballot box any ballot, unless the same is 
 identified by the signature of two (2) of the judges of election as herein- 
 before provided. Every person violating the provisions of this section 
 shall, upon conviction thereof, be fined not less than ten ($10) dollars, 
 nor more than one hundred (i^lOO) dollars. [Id., § 24. J 
 
 Sec. 150. [Cards of instruction.] The county clerk of each 
 county shall cause to be printed in large type on cards in English, in- 
 structions for the guidance of electors in preparing their ballots. He 
 fihall furnish six (6) such cards to the judges of election in each election 
 precinct, and one additional card for each fifty registered el'Bctors or 
 fractionalpart thereof in the precinct, at the same time and in the same 
 manner as the printed ballots. The judges of election shall post not less, 
 than one of such cards in each place or compartment provided for the 
 preparation of ballots, and not less than three (3) of such cards else- 
 where in and about the polling places upon the day of election. Such 
 cards shall be printed in large, clear type and shall contain full instruc- 
 tions to the voters, according to schedule ''B" of this act. [Id., § 25.] 
 
 Sec. 151. [Ballots not counted.] In the canvass of the votes 
 any ballot which is not endorsed as provided in this act by the signature 
 of two (2) judges upon the back thereof, shall be void and shall not be 
 counted, and any ballots or parts of a ballot from which it is impossible 
 to determine the electors choice shall be void and shall not be counted. 
 Provided, that when a ballot is sufficiently plain to gather therefrom a 
 part of the voter's intention, that it shall be the duty of the judges of 
 election to count such part. [Id., § 26.] 
 
 Sec. 152. [Offenses relating to certificates and ballots.] No 
 person shall falsely make, or make oath to, or fraudulently deface, or 
 fraudulently destroy any certificate of nomination or any part thereof; 
 or file, or receive for filing, any certificate of nomination, knowing the 
 same or any part thereof to be falsely made, or to suppress any certifi- 
 cate of nomination which has been duly filed, or any part thereof, or 
 forge or falsely make the official endorsement on any ballot. Every 
 person violating- any of the provisions of this section shall be deemed 
 guilty of a felony, and upon conviction thereof in any court of com- 
 petent jurisdiction shall be punished by imprisonment in the peniten- 
 tiary for a period of not less than one year nor more than five vears. 
 [Id., § 27.] 
 
68 ELECTION LAWS OF NEBRASKA. 
 
 Sec. 153. [Same— Supplies.] Any judge or clerk of election, 
 or printer, or other person intrusted with the custody or delivery of bal- 
 lots, blanks, poll books, cards of instruction, or other required papers, 
 who shall unlawfully open or permit to be opened, any sealed packages 
 containing ballots, or who shall give or deliver to any person not law- 
 fully entitled thereto, an official ballot, or shall unlawfully misplace 
 or carry away, or shall negligently lose, or permit to be taken away 
 from him, or fail to deliver, or shall destroy any such package of bal- 
 lots or any ballot, blank, poll book, card of instructions or required 
 paper; or if any printer employed to print the official ballots, or any 
 person engaged in printing the same shall print, or cause or permit to 
 be printed, any official ballots printed otherwise than the copy for the 
 same furnished by the proper clerk, or print any false or fraudulent 
 ballots, or shall appropriate to himself, or give, or deliver, or knowingly 
 permit to be taken, any of said ballots by any other person than the 
 said clerk, or who knowingly or willfully seals up or causes or permits 
 to be sealed up, or delivers to the said clerk a less number of ballots 
 than the number endorsed thereon; or any person who shall knowingly 
 have in his possession any official ballot illegally obtained, or shall at- 
 tempt to vote any other than the official ballot lawfully obtained, every 
 such person violating any of the provisions of this section shall be 
 deemed guilty of a misdemeanor, and fined not less than fifty (50) dol- 
 lars nor more than three hundred (300) dollars, or be imprisoned in 
 the county jail not less than three months nor more than one year, or 
 . both such fine and imprisonment. [Id., § 28. Amended, 1901, chap. 
 29, § 9.] 
 
 Sec. 154. [Offenses by public officers.] Every public officer 
 upon whom any duty is imposed by this act, who shall willfully do or 
 perform any act or thing herein prohibited, or neglect or omit to per- 
 form any duty as imposed upon him by the provisions of this act, shall, 
 upon conviction thereof, forfeit his office, and shall be punished by a 
 fine of not less than fifty (50) dollars and not more than three hundred 
 (300) dollars, or by imprisonment in the county jail for a term of not 
 less than three months nor more than one year, or by both such fine and 
 imprisonment. [Id., § 29. Amended, 1901, chap. 29, § 10.] 
 
 Sec. 155. [Electioneering — Obstructing voting — Removing 
 and marking ballots, etc.] No officer of election shall do any elec- 
 tioneering on election day. No person whomsoever shall do any elec- 
 tioneering on election day within any polling place, or any building 
 in which an election is being held, or within one hundred feet thereof, 
 nor obstruct the doors or entries thereto, or prevent free ingress to and 
 egress from said building. Any election officer, sheriff, constable, or 
 other peace officer, is hereby authorized and empowered, and it is 
 hereby made his duty to clear the passage ways and prevent such ob- 
 struction, and to arrest any person so doing. No person shall remove 
 any ballot from the polling place before the closing of the polls. No 
 person shall show his ballot after it is marked to any person in such 
 a way as to reveal the contents thereof, or the name of the candidate or 
 candidates for whom he has marked his vote, nor shall any person solicit 
 the elector to show the same; nor shall any person except a judge of elec- 
 
ELECTION LAWS OF NEBRASKA. 69 
 
 tion receive from any elector a ballot prepared for voting. No elector 
 shall receive a ballot from any other person than one of the judges of 
 election having charge of the ballots ; nor shall any person other than the 
 judges of election deliver a ballot to such elector. No elector shall 
 vote or offer to vote any ballot except such as he received from the 
 judges of election having charge of the ballot. No elector shall place 
 any mark upon his ballot by which it may afterwards be identified 
 as the one voted by him. Every elector who does not vote a ballot 
 delivered to him by the judges of election having charge of the ballots 
 shall, before leaving the polling place, return such ballot to such judges. 
 Whoever shall violate any of the provisions of this section shall, upon 
 conviction thereof in any court of competent jurisdiction be fined in 
 any sum not less than twenty-five dollars nor more than one hundred 
 dollars, and adjudged to pay the costs of prosecution. [Id., § 30.] 
 
 Sec. 156. [Election laws— Publication.] It shall be the duty 
 of the secretary of state to cause to be publisl\ed in pamphlet form and 
 distribute through the county clerks of the respective counties, a 
 sufficient number of copies of this law, together with the registration 
 law of the state and such other laws as bear upon the subject of elec- 
 tion, as will place a copy thereof in the hands of each election board. 
 [Id., § 31.] 
 
 Sec. 157. [Police protection.] The proper authorities of 
 every city shall detail a police officer to each polling place of such city; 
 the proper authorities of every village shall detail the village marshal 
 or constable, and the proper authorities of every country precinct shall 
 detail a constable of said precinct, to the voting places of said village 
 or precinct, upon the day fixed for holding any election therein, and 
 the special duties of such police officer, village marshal or constable, 
 in addition to the preservation of the peace, shall be as follows: a. He 
 shall, as far as possible, remain at or near the entrance of the inclos- 
 ure in which the compartments are placed; he shall not permit any 
 person to enter said inclosure unless duly provided with an official 
 ballot, signed with the names of two judges of the election board. 6. 
 He shall not permit any person to enter the inclosure while the sev- 
 eral compartments therein are occupied; c. He shall not permit any 
 person to leave the inclosure without first voting or surrendering his 
 ballot to a judge of the election board; d. He shall not permit any 
 person to leave the polling room after receiving a ballot, without first 
 voting or surrendering his ballot. [Id., § 32.] 
 
 Sec. 158. [Acts repealed.] That sections 126, 127, 128, 129, 
 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 
 146, 147, 148, 149, 150, 151, 152, 153, 154, 155 and 156 of chapter 26 of 
 the Compiled Statutes of Nebraska for 1895 as heretofore existing and 
 all acts and parts of acts in conflict with this act are hereby repealed." 
 [Id., § 33.] 
 
70 ELBCJnON LAWS OF NEBRASKA. 
 
 Sec. 159. SCHEDULE "B." 
 
 INSTRUCmONS TO VOTERS. 
 
 1. Persons desiring to vote must procure their ballots from a judge 
 of the electi-on board. 
 
 2. They must then without leaving the polling place, proceed to a 
 compartment and prepare their ballots. 
 
 3. The ballots are prepared as follows: If you wish to vote a straight 
 ticket, make a mark in the circle at the top of the ballot to the right of 
 the name of your party, and your ballot will then be counted for every 
 candidate and as approval of party action on any constitutional amend- 
 ment of that party on the ballot. If you wish to vote otherwise than 
 a straight ticket, make a cross in the square to the right of the name 
 of each person for whom you wish to vote or for or against any con- 
 stitutional amendment; if you wish to vote a straight ticket with the 
 exception of certain ofificfes or constitutional amendments, place a cross 
 in the circle at the head of the ticket for which you wish to vote in the 
 main, and then place a cross in the square to the right of the candidates 
 of the other parties for whom you wish to vote, or in the square to the 
 right of the words "For" or ''Against" any constitutional amendment. 
 When two or more candidates of the same party are to be voted for 
 for the same office (as two or more representatives) and the voter wishes 
 to vote for one or more of his own party and one or more of another 
 party, he must make a cross after each candidate for whom he wishes 
 to vote for that office. Do not make any mark on the ballot save as 
 above directed. If you spoil a ballot return it to a judge of the elec- 
 tion board and obtain from him a new ballot; you cannot get more than 
 four in all. Having marked your ballot, fold it so as to conceal the 
 names and marks on the face and to expose the names on the back; 
 then take it to a judge of the ©lection and see it deposited in the ballot 
 box, after which immediately leave the railed enclosure. 
 
 4. If you wish to vote for any person whose name is not printed on 
 the ballot, write his name in full in the blank space on the ballot under 
 the proper office you wish him to hold, and make a cross in the square 
 opposite the written name. 
 
 5. Do not take any ballot from the polling place; you thereby for- 
 feit the right to vote. [Amended, 1901, chap. 29. § 11.1 
 
 Sbo. 160. ■ Schedule "A." 
 
 OFFICIAL BALLOT. 
 
 To Vote a Straight Ticket make a 
 cross within your party Circle. 
 
 Republican (j 
 
 Democrat 
 
 Peoples' Independent 
 
 Democrat 1 (^^ 
 
 •i ■■ ■ ^J 
 
 Prohibition 
 
 o 
 
ELECTION LAWS OF NEBRASKA. 
 
 71 
 
 Constitutional Amendment: 
 Amendment to the Constitution, Relating to the Number of Justices of the Supreme Court 
 
 Vote "For" or "Against". 
 
 . Republican □ 
 
 Democrat "I r—, 
 
 Peoples' Independent / '— ' 
 
 Against Prohibition □ 
 
 and Their Terms of Office 
 For 
 
 For Presidential Electors: 
 
 William H. Carleton Republican 
 
 Charles H. Chase Republican 
 
 Joseph G. Dobry Republican 
 
 James J. Hawe Republican 
 
 James Hughes Republican 
 
 Christian Kroeger Republican 
 
 A ngus C. McLeod Republican 
 
 Charles J. Phelps Republican 
 
 Democrat "1 
 John E. Arnold Peoples' Independent / 
 
 Demoerat\ 
 Melville D. Cameron Peoples' Independent j 
 
 Democrat \ 
 Frank J.Everett Peoples' Independent/ 
 
 Democrat) 
 "William T. Howard Peoples' Independent ( 
 
 Democrat \ 
 James Langley Peoples' Independent j 
 
 Democrat ) 
 Donald McLeod Peoples' Independent ) 
 
 Democrat i 
 Patrick J. Murphy Peoples' Independent / 
 
 Democrat \ 
 Henry C. RusseU Peoples' Independent J 
 
 Allan Cameron Prohibition 
 
 John Dolezal Prohibition 
 
 Elon E. Greenman Prohibition 
 
 John Higgins Prohibition 
 
 Edward T. Hodson Prohibition 
 
 Joseph Kuduma Prohibition 
 
 Frank Prokes Prohibition 
 
 William Bath Prohibition 
 
 D 
 D 
 D 
 D 
 D 
 D 
 D 
 D 
 
 n 
 n 
 
 D 
 D 
 D 
 D 
 D 
 D 
 
 D 
 
 n 
 
 D 
 D 
 D 
 D 
 D 
 D 
 
 Vote for Eight. 
 
 A Cross within this 
 Circle 
 
 o 
 
 Votes for all the Re- 
 publican Ele-ctors 
 
 A Cross within this 
 
 Circle 
 
 o 
 
 Votes for all the 
 
 Democratic and 
 
 Peoples' Independent 
 
 Electors. 
 
 A Cross within this 
 Circle 
 
 o 
 
 Vote for all the Pro- 
 hibition Electors. 
 
72 
 
 ELECTION LAWS OP NEBRASKA. 
 
 D 
 
 D 
 D 
 
 n 
 
 D 
 D 
 D 
 D 
 
 A Cross within thia 
 Circle 
 
 o 
 
 Votes for all the 
 Written Electors. 
 
 Preference for United States Senator: 
 
 Richard Wilkinson 
 
 John C. Sprecher. . 
 Grace E. Walthers 
 
 Vote for One. 
 
 Republican Q 
 
 Democrat \ 
 Peoples' Independent / 
 
 Prohibition 
 
 D 
 D 
 
 a 
 
 For Governor: 
 
 William H. Newell 
 
 George W. Meredith . 
 E. Benjamin Judkins 
 
 Vote for One 
 
 Republican Q 
 
 Democrat \ 
 . Peoples' Independent j 
 
 Prohibition 
 
 D 
 D 
 
 n 
 
 For Congressman, Ist Congressional District: 
 
 Vote for One. 
 
 Republican Q 
 
 Democrat \ j— , 
 Peoples* Independent / I— ' 
 
 Prohibition □ 
 
 Elmer J. Burkett. 
 
 Geo. W. Berge . . 
 Lucius O. Jones. 
 
 D 
 
 For Senator, 12th Senatorial District: 
 
 Nathan V. Harlan , 
 
 Frank T. Ransom 
 John L. Anderson . 
 
 , Vote for One. 
 
 Republican □ 
 
 Democrat"! r- . 
 . Peoples' Independent j l— ' 
 
 Prohibition □ 
 
 D 
 
 For Representatives, 32d Representative District: 
 
 Vote for Three. 
 
 Thomas E. Hibbert. 
 Henry Steinmeyer. . 
 Robert W. Laflin... 
 
 , Republican □ 
 . Republican □ 
 . Republican □ 
 
 A Cross within this 
 Circle 
 
 o 
 
 Votes for all the Repub- 
 lican Representatives. 
 
ELECTION LAWS OF NEBRASKA. 73 
 
 D 
 
 Democrat "1 
 John Lichty Peoples' Independent / 
 
 Democrat 1 ,— , , 
 
 Fred G. Hawksby Peoples' Independent j '— ' \ 
 
 A Cross within this 
 Circle 
 
 o 
 
 Votes for all the Demo- 
 -^ , ^ , ^^ „ Democrat 1 p, cj-atic and Peoples' Inde- 
 
 Charles Crockett Peoples' Independent / ^ j pendent Representatives. 
 
 Charles R. Lawson Prohibition Q A Cross within this 
 
 Circle 
 
 Dewey L. Whitney. Prohibition □ }■ O 
 
 I Votes for all the Pro- 
 Wilson Brodie Prohibition □ hibition Representatives. 
 
 A Cross within this 
 Circle 
 
 o 
 
 Votes for all the Writ- 
 ten Representatives. 
 
 For Justice of the Peace: 
 
 Vote for One. 
 
 George W. Overton Republican G 
 
 Democrat "1 j— . 
 
 A. W. Gates Peoples' Independent J '-' 
 
 John Jones Prohibition Q 
 
 D 
 
 [Amended 1901, chap. 26; 1903, S. F. 201.] 
 
 ARTICLE II.— INITIATIVE AND REFERENDUM. 
 
 The Initiative. 
 
 Section 1. [Ordinances proposed by voters.] The right to 
 propose ordinances for the government of any city, or other municipal 
 subdivision of the state of Nebraska shall in addition to being exercised 
 by the mayor and city council of such city or the governing authorities 
 of such other municipal subdivisions of this state, be vested in the 
 voters thereof as hereinafter provided. 
 
 Sec. 2. ["Ordinance," "city," etc., "voters," "mayor and 
 council," construed.] The word "Ordinance" where used in this Act 
 shall mean and include ordinances, orders, resolves, agreements, con- 
 tracts and any measure which it is within the power of the legislative 
 authorities of such city or other municipal subdivision of the state to 
 enact or give the force and effect of law. The word "city" where used 
 in this Act shall mean and include city, county, village, town, school dis- 
 trict or any other municipal subdivision of this state. The phrases 
 "mayor and city council" or "city council" where used in this act 
 shall mean and include the legislative authority of any such city, county, 
 village, town, school district or other municipal subdivision of this state. 
 The word "voters" where used in this Act shall mean persons who are 
 qualified to vote for the respective legislative authorities of the juris- 
 diction governed or to be governed by any such ordinance sought to ho 
 enacted, altered or repealed by such persons. 
 
74 
 
 ELECTION LAWS OF NEBEASKA. 
 
 Sec. 3. [Proposal— Sixers— Filing.] Such proposial shall be 
 written or printed and shall contain the full text of the proposed ordi- 
 nance and, to be mandatory, shall be signed by at least fifteen per cent, 
 of the voters of such city making the same and shall state after each sig- 
 nature the residence, with street and number or if not able to designate 
 residence in that way it shall be designated by the number of the farm 
 or tract of land where petitioners reside. At least ten of the persons 
 signing the same shall make oath before a competent officer that they 
 are themselves duly qualified voters residing as stated after their signa- 
 tures attached to such proposial and that they believe all the other per- 
 sons who signed such proposial are also duly qualified voters and that 
 they believe all the signatures thereto attached to be genuine. Such 
 proposal to be filed with the clerk of such city. 
 
 Sec. 4. [Same— Submission at special election.] If twenty pei 
 cent, of the voters of such city shall request in such proposal that the 
 ordinance therein proposed shall be submitted to the voters of such 
 city to be voted on at a special election the clerk of such city shall cause 
 the same to be submitted at a special election to be called as hereinafter 
 provided. 
 
 Sec. 5. [Same, at regular election.] The clerk of any such city 
 aforesaid shall cause proposals, in which request for special election 
 is not made, to be submitted to a direct vote of the voters of such city 
 at the first regular election held after the expiration of thirty days from 
 the filing of such proposal. 
 
 Sec. 6. [Special elections, when held.] When a request for a 
 special election is included in such" proposal, signed by the proper num- 
 ber of voters, the clerk aforesaid shall cause it to be submitted to a 
 direct vote of the voters of such city at a special election which shall be 
 called by him not less than thirty nor more than sixty days from the 
 filing of such proposal. 
 
 Sec. 7. [Proposal submitted to council.] If the mayor and 
 city council be convened before such proposed ordinance can be legally 
 submitted to a direct vote of the voters, the clerk aforesaid shall forth- 
 with present to such body a certified copy of the proposed ordinance, and 
 the demand for the sul)mission of the same on file in his oflfice, together 
 with a statement of the number of signatures appended thereto, and 
 thereupon such proposed ordinance shall take precedence in such body 
 over all ordinances introduced by members thereof. And if such pro- 
 posed ordinance is not made law by such mayor and city council within 
 thirty days from the filing of the same with such clerk, the said clerk 
 shall submit the same to the voters according to the provisions of this 
 act. 
 
 Sec. 8. [Proposal amended by council.] If the mayor and 
 city council shall alter or amend, before enacting the same, any ordi- 
 nance submitted to it under the provisions of the preceding sections then 
 the ordinance proposed and the ordinance as altered or amended by 
 such body shall both be submitted to a direct vote of the voters under 
 the provisions of this act. 
 
 Sec. 9. [Ballot— Form.] The ordinance as proposed by the 
 voters shall be set forth on the ballot by its title, and shall be designated 
 
ELECTION LAWS OF NEBRASICA. 75 
 
 **As presented by Petition Form A;" the ordinance as altered or 
 amended by the mayor and city council sliall be set forth by its title 
 and shall be designated ''As amended by (legislative authority) "Form 
 B;" below shall be added the statements: 
 
 ''I vote for Form A" ( ) 
 
 ''I vote for Form B" ( ) 
 
 "I vote against both" ( ) 
 
 Sec. 10. [Affirmance— Rejection.] If the ordinance as pro- 
 posed by the voters and the ordinance as amended and passed by the 
 city council shall together receive a majority of the votes cast on the 
 question, the one receiving a majority of tlie afnrmative votes shall be- 
 come law and the other shall be deemed to have been rejected ; if a ma- 
 jority of the votes cast are against both, both shall be rejected. 
 
 Sec. 11. [Ballot— One proposal.] If there is but one proposal 
 submitted, the ballots shall be so printed as to give each voter a clear 
 opportunity to designate by a (X) in parenthesis at the right, his 
 answer "Yes" or "No" as approving or rejecting the same. 
 
 Referendum. 
 
 Sec. 12. [Ordinances— When to take effect.] No ordinance 
 for the government of any city aforesaid in this state, except as herein- 
 after provided, shall go into effect until thirty days after the passage 
 of the same. 
 
 Sec, 13. [Petitiofi.] The voters of such city may, within the 
 said thirty days, file a petition with the clerk thereof requiring him to 
 submit such ordinance to a vote of the voters of such city for their re- 
 jection or approval, as hereinafter provided. 
 
 Sec. 14. [Same— Contents— Signers.] Such petition shall be 
 written or printed, and to be mandatory shall be signed by at least 
 fifteen per cent of the voters of such city. It shall contain the title of 
 such ordinance, or some sufficient description of the same, in other re- 
 spects it shall be in manner and form as prescribed in section three of 
 this act. 
 
 Sec. 15. [Same— Submission at special election.] If twenty 
 per cent of the voters of such city shall request in such petition that 
 such ordinance shall be submitted to the voters of such city, to be voted 
 on at a special election, the clerk aforesaid shall cause the same to be 
 submitted at a special election, to be called by him not less than fifteen 
 nor more than twenty days from the filing of such petition. 
 
 Sec. 16. [Same, at regular election.] When such petition does 
 not request that such ordinance be submitted to the voters at a special 
 election, the clerk of such city shall cause the same to be submitted to 
 the voters of such city at the first regular election held after the expira- 
 tion of fifteen days from the filing of such petition, and shall cause the 
 same to be placed upon the official ballots to be used at such election. 
 
 Sec. 17. [Ordinances— Approval.] Such ordinances submitted 
 to the voters under the six preceding sections shall not go into effect un- 
 less approved by a majority of the votes cast for and against the same. 
 
 Sec. 18. [Urgent ordinances excepted from act.] All ordi- 
 nances relating to the immediate preservation of public peace or health 
 
76 ELECTION LAWS OF NEBRASKA. 
 
 or items of appropriation of money for current expenses of the several 
 departments of snch city, ■which do not exceed the corresponding appro- 
 priations of the preceding year, shall, by a unanimous yea and nay vote 
 of such city council and the approval of the mayor, be deemed to be 
 urgent ordinances, to which sections twelve, thirteen, fourteen, fifteen, 
 sixteen, and seventeen, of this act shall not apply. 
 
 Sec. 19. [Laws interfering with voted ordinances.] The mayor 
 and city council shall have no power to enact a law which shall in any 
 manner alter, modify, impair or render nugatory ordinances which have 
 been enacted by a direct vote of the voters of such city under the pro- 
 visions of this act, except by a yea and nay vote of two-thirds of the 
 city council; provided however that no such vote shall be taken within 
 one year from the time of its enactment. 
 
 Sec. 20. [Ordinances submitted at instance of council.] The 
 mayor and city council may at any time, by resolution, provide for the 
 submission to a direct vote of the voters of any measure introduced in 
 it, pending before it, enacted by it, or enacted by the voters under this 
 act, and may provide in such resolution tliat the same shall be submitted 
 at a special election or the next annual election, and immediately upon 
 the passage of any such resolution for submission the clerk aforesaid 
 siiall cause such measure to be submitted to a direct vote of the voters, 
 at the time specified therein, in manner provided in this act for submis- 
 sion of measures upon proposals and petitions filed by voters, the same 
 to become law if approved by a majority of the votes cast for and against 
 the same. 
 
 Sec. 21. [Election notice— Publication— Copies of ordinances.] 
 Meetings of the voters under the provisions of this act either at a special 
 election or a regular annual election, shall be called by the clerk of the 
 city. He shall cause notice of every such meeting to be printed in one 
 or more newspapers published in such city and also in the office of the 
 clerk and three or more conspicuous places in such city at least thirty 
 days prior to such election. The clerk shall cause copies of said ordi- 
 nances so referred, to be printed in pamphlet form, and furnish the same 
 to the voters of such city upon their application or order such notice 
 provided in this section shall designate where such copies may be ob- 
 tained. 
 
 Sec. 22. [Ballots, how prepared and furnished.] All ballots 
 for use in special elections under this Act shall be prepared and fur- 
 nished by the clerk of such city and shall be in form the same as pro- 
 vided by law for election of the mayor and city council of such city. 
 When ordinances under this act are submitted to the voters at a regular 
 annual election they shall be placed upon the official ballots as herein 
 before provided. 
 
 Sec. 23. [False affidavit, oath, certificate.] Whoever know- 
 ingly or wilfully makes a false affidavit or takes a false oath or signs a 
 false certificate regarding the qualifications of any person to sign pro- 
 posals or petitions under this act, shall be punished by a fine not exceed- 
 ing three hundred dollars, or by imprisonment in jail not exceeding one 
 year, or by both fine and imprisonment. 
 
ELECTION LAWS OF NEBRASKA. 77 
 
 Sec. 24. [Falsifying, destroying, or suppressing certificates.] 
 Whoever falsely makes or wilfully destroys a certificate of proposal or 
 petition or any part thereof or signs another person's name thereto, or 
 signs or files any certificate of proposal or petition knowing the same 
 or any part thereof to be falsely made or suppresses may [any] certifi- 
 cate of proposal or petition or any part thereof which has been duly 
 filed, shall be punished by a fine not exceeding five hundred dollars,^ or 
 by imprisonment in jail not exceeding one year, or by both fine and im- 
 prisonment. 
 
 Sec. 25. [Unqualified voters— Bribery.] Whoever signs any 
 proposal or petition under this act knowing that he is not a qualified 
 voter in the place where said proposal or petition is made, or who aids 
 or abets any other person in doing any of the acts above mentioned, or 
 whoever bribes or gives or pays any money or thing of value to any 
 person directly or indirectly to induce him to sign said proposal or peti- 
 tion shall be punished by a fine not exceeding three hundred dollars or 
 by imprisonment in the county jail not exceeding one year or by both 
 fiiae and imprisonment. 
 
 Sec. 26. [Officers violating act.] Any clerk of such city, county, 
 town, or school district or other municipal subdivision of the state of 
 Nebraska, who fails, neglects or refuses to comply with the provisions 
 of this act shall be punished by fine not exceeding five thousand dollars. 
 
 Sec. 27. [General election laws applicable.] The provisions of 
 the Statutes of this state relating to election officers, voting places, elec- 
 tion apparatus and blanks, preparation and form of ballots, information 
 to voters, delivery of ballots, calling of elections, conduct of elections, 
 manner of voting, counting of votes, records and certificates of election 
 and recounts of votes so far as applicable, shall apply to voting on ordi- 
 nances, by the voters under the provisions of this act. 
 
 Sec. 28. [Form, proposal, initiative.] Form or proposal under 
 sections three and four and other sections of this act providing for the 
 
 initiative is recommended. To the Clerk of . The undersigned 
 
 voters of do hereby request that the following proposed ordinance 
 
 be presented to the of this and if not enacted therein that 
 
 the same shall be submitted to the voters of this at the next gen- 
 eral election (or if a special or subsequent general election state it) for 
 rejection or approval: **An ordinance," etc., ''Be it ordered," etc. 
 
 Signatures. 
 
 Street Number. 
 
 Residence. 
 
 Sec. 29. [Form, petition, referendum.] The following form of 
 petition under sections twelve, thirteen, fourteen, fifteen, sixteen, and 
 following sections providing for the referendum is reconnnended : To 
 
 the Clerk of the . The undersigned voters of the of do 
 
 hereby petition that the ordinance of the (describe it) passed by 
 
 the (date) be referred to the voters of the for rejection or ap- 
 proval. (In other respects it should be in manner and form as pre- 
 scribed for petitions under sections three and four of this act.) 
 
^^ ELECTION LAWS OP NEBRASKA. 
 
 Sec. 30. [Acceptance of act by city.] This act shall not be- 
 come operative in any city until accepted by the voters thereof. The 
 provisions of this act relative to the proposal of ordinances and submis- 
 sion of the same shall apply to the proposal of this act for acceptance 
 and submission of the same so far as applicable. When accepted in 
 any city in accordance with the above provisions this act shall become 
 operative in such city from and after the date of such acceptance. Pro- 
 vided further that not more than one special election shall be called in 
 any one year under the provisions of this act unless the petitioners for 
 such special election, shall deposit with the city or village clerk an 
 amount equal to the expense of said election which amount shall be for- 
 feited to said city or municipal subdivision in case the said petitioners 
 shall fail to carry the proposition which they favor at said election 
 which proposition they shall concisely state in their petition whether 
 it be a positive or negative proposition. 
 
 ARTICLE III.— CORRUPT PRACTICES. 
 
 Section 1. [Election expenses— Limit.] That no candidate 
 for representative or United States senator in the Congress of the 
 United States, or for any public office created by the constitution or 
 laws of this state to be filled by popular election, shall, by himself, or 
 by or through any agent or agents, committee or organization, or per- 
 son or persons whatsoever, in the aggregate, with the intention to pro- 
 mote the nomination or election of such candidate, or in support of, or 
 in opposition to any measure submitted to popular vote do any of the 
 following things which are hereby made unlawful, and the violation of 
 any one or all of which is made a misdemeanor, punishable by a fine of 
 not less than fifty ($50.00) dollars, or imprisonment in the county jail 
 for a period not to exceed six months. First. Furnish, pay for, or 
 engage to pay for, any entertainment to any meeting of electors previous 
 i;o or during an election at which he is a candidate. Second. Give away 
 or treat to any drinks, cigars, or other refreshments. Third. To pay 
 out, give, contribute, or expend, or offer or agree to pay, give, contribute, 
 or expend any money or other valuable thing for the purpose of promot- 
 ing the nomination or election, of any candidate; or, in support of or 
 opposition to any measure submitted to popular vote at any election 
 except for the bona fide expenses of any [c]andidate for public office, 
 and for the purpose of holding and conducting public meetings for the 
 discussion of public questions, and then not in excess of a sum to be 
 • determined upon the following basis, namely: For five thousand voters 
 -or less, $100.00; for each one hundred voters over five thousand and 
 sunder twenty-five thousand, $1.50; for each one hundred voters over 
 twenty-five thousand and under fifty thousand $1.00; and nothing addi- 
 tional for voters over fifty thousand. Any payment, contribution or 
 expenditure, or agreement or offer to pay, contribute or expend any 
 money or thing of value, in excess of the limit prescribed by this act, 
 for any or all such objects and purposes, is hereby declared to be unlaw- 
 ful, and to make void the election of the person making it. But this 
 section shall not apply in cases where such nomination of such candi- 
 date, or of any rival candidate for the same office, shall have been made 
 
ELECTION LAWS OF NEBRASKA. 79 
 
 prior to the taking effect of this act. Nothing in this section shall refer 
 to traveling expenses. [1899, chap. 29.] 
 
 Sec. 2. [Same— Number of voters.] The number of voters 
 shall be taken as equal to the number of votes cast, for all the candidates 
 for the office for which he is a candidate, at the last preceding election 
 held to fill the same; and if at such last preceding election there shall 
 have been more than one like office to fill, so that it cannot be determined 
 who were the candidates for that particular office, then the number of 
 voters shall be ascertained by adding together all the votes cast for all 
 the candidates for such offices and dividing the sum by the number of 
 such offices. Should no election to fill the office for which such person is 
 a candidate have been previously held, the number of voters shall be 
 ascertained by the total number of votes cast within the constituent 
 territory at the last preceding election for state officers for all the 
 candidates for the state office for which at such last preceding election 
 the largest aggregate vote was cast within the state; and should it be 
 impracticable on account of change of boundaries to determine from 
 returns of such last preceding election the exact number of votes so cast 
 within such territory, the board, officer or officers whose duty it may be 
 to receive and canvass the returns of the election at which such person 
 is or seeks to be a candidate shall determine the number according to- 
 their best judgment upon request of any elector, and the number so de- 
 termined shall be taken to be the true number. [Id., § 2.] 
 
 Sec. 3. [Nomination expenses— Statement.] Every person 
 who shall be a candidate before any caucus or convention, or at am^ pri- 
 mary election for nomination for the office of representative in the con- 
 gress of the United States or for any office which under the constitution 
 or the laws of this state is to be filled by popular election, except town- 
 ship, precinct, and school district officers or village trustees, shall within 
 ten days after the holding of such caucus, convention or primary elec- 
 tion, make out a statement in writing and file the same with the clerk 
 of the county in which he resides, and make out and file a duplicate 
 thereof with the board, officer or officers, if any, empowered by law to 
 issue the certificate of election to such office. Such statement shall set 
 forth in detail each and all sums of money and other things of value 
 contributed, disbursed, expended or promised by him, and, (to the best 
 of his knowledge and belief) by any other person or r>ersons with his 
 procurement in his behalf, wholly or in part in endeavoring to secure, 
 or in any way in connection with his nomination to such office or place, 
 or in endeavoring to secure or defeat, or in any way in connection with 
 the nomination of any other person or persons at such caucus, conven- 
 tion or primary election, and showing the dates when, and the persons 
 by whom and to whom, and the purposes which for each such contril^u- 
 tion, payment, expenditure or promise was made, and such candidate 
 shall subscribe and swear to such statement and such duplicate before 
 an officer authorized to administer oaths. The form of such affidnvit 
 to be appended to each such statement and to each duplicate statement 
 
 and signed by the candidate, shall be in substance as follows: T. , 
 
 do solemnly swear (or affirm) that the foregoing statement is a true <'rid 
 full account of each and all sums of money and other things of value 
 
80 ELECTION LAWS OF NEBRASKA. 
 
 directly or indirectly contributed, disbursed, expended or promised by 
 me, and (to the best of my knowledge and belief) by any and all other 
 persons with my procurement in my behalf, wholly or in part, in en- 
 deavoring to secure, or in any way in connection with, my nomination 
 
 to the office or place of or in endeavoring to secure cr defeat 
 
 or in any way in connection with the nomination of any other person 
 or persons at the caucus, convention or primary election before which 
 I was a candidate for nomination to the office or place aforesaid; and 
 that it is a true and full statement of the date when, and the person 
 or persons to whom, and the purposes for which each such contribution, 
 payment, expenditure, or promise was made, and the person or persons 
 by whom made when not made directly by myself. 
 
 (Signature of candidate.) [Id., § 3. Amended 1901, chap. 30.] 
 Sec. 4. [Election expenses— Statement.] Ever\^ person who 
 shall be a candidate for election to the office of representative in the 
 congress of the United States or to any office which under the laws or 
 the constitution of this state is to be filled by popular election, except 
 township, precinct or school district officers, or village trustees, shall 
 within ten days after the election held to fill such office, make out a 
 statement in writing and file the same with the clerk of the county in 
 which he resides and make out and file a duplicate tliereof with the 
 board, or officer or officers, if any, empowered by law to issue the certifi- 
 cate of election to such office or place. Such statement shall set forth 
 in detail each and all sums of money and other things of value contrib- 
 uted, disbursed, expended, or promised by him and (to the best of his 
 knowledge and belief) by any other person or persons by his procure- 
 ment in his behalf, wholly or in part in endeavoring to secure or in any 
 way in connection with his election to such office or place, or in en- 
 deavoring to secure or defeat or in any way in connection with the 
 election of any other person or persons to any office to be voted for on 
 the same day of election or in support of or in opposition to any measure 
 or proposition submitted to popular vote upon the same day of election, 
 and showing the dates when, the persons by and to whom and the pur- 
 poses for which each such contribution, payment, expenditure or prom- 
 ise was made. Such candidate shall subscribe and swear to such state- 
 ment and such duplicate before an officer authorized by law to admin- 
 ister oaths. The form of such affidavit to be appended to each statement 
 -and to each duplicate statement and signed by the candidate shall be 
 
 in substance as follows: I, , do solemnly swear (or affirm) that the 
 
 foregoing statement is a true and full account of each and all sums of 
 money and other things of value directly or indirectly contributed, dis- 
 bursed, expended or promised by me, and (to the best of my knowledge 
 and belief) by any and all other persons with my procurement in my 
 behalf, wholly or in part in endeavoring to secure, or in any way in 
 connection with, my election to the office or place of , or in en- 
 deavoring to secure or defeat or in any way in connection with the 
 election of any other person or persons to any office to be voted for on 
 the same day of election, or in support of or opposition to any measure 
 QT propositions submitted to popular vote upon the same day of eleo- 
 
ELECTION LAWS OF NEBRASKA. 81 
 
 tion ; and that it is a true and full statement of the dates when, and the 
 person or persons to whom, and the purposes for which, each such con- 
 tribution, payment, expenditure or promise was made, and the person 
 or persons by whom made when not made direct by myself. 
 
 (Signature of candidate.) [Id., § 4. Amended 1901, chap. 30, § 2.] 
 Sec. 5. [Failure to make statements— Penalty.] Any person 
 failing to comply with the provisions of the third section or of the 
 fourth section of this act, shall be liable to a fine not exceeding one 
 thousand dollars, to be recovered with costs, in an action brought in 
 Tthe name of the state by the attorney general or by the county attorney 
 •of the county of the candidate's residence, the amount of said fine to be 
 :fixed within such limit by the jury, and to be paid into the school fund 
 of said county. [Id., § 5.] 
 
 Sec. 6. [Same.] No board, officer or officers authorized by law 
 to issue commissions or certificates of election shall issue a commission 
 or certificate of election to any person required by the third or fourth 
 sections hereof to file a statement or statements until such statement or 
 statements shall have been so made, verified and filed by such persor 
 with such board, officer or officers. No person required by the foregoinir 
 sections of this act to file a statement or statements shall enter upon 
 the duties of any office to which he may be elected until he shall have 
 filed all statements and duplicates provided for by the foregoing sections 
 of this act, nor shall he receive any salary or emolument for any period 
 prior to the filing of the same. [Id., § 6.] 
 
 Sec. 7. [Same— Prosecutions— Charges.] At any time during 
 the term of office of any occupant of an office created by the constitution 
 or laws of this state to be filled by popular election and hereafter filled 
 by such election, pursuant to the constitution or laws of this state (other 
 than the office of member of either house of the legislature or the con- 
 gress of the United States) any elector entitled to vote at such election 
 may present an application in writing, verified by his affidavit, to the 
 attorney-general, setting forth one or more of the following charges 
 against any public officer, to-wit: That such officer in seeking nomination 
 or election, or both, to such office, violated one or more of the provisions 
 of the foregoing sections of this act by expending, contributing or prom- 
 ising or offering an amount in excess of the sum allowed by this act ; or 
 that such officer willfully stated an untruth in some one or more of the 
 statements and duplicates and affidavits made and filed by him pursuant 
 to this act after such nomination or election; or, that any other act or 
 acts declared unlawful or made punishable by any law of this state 
 were committed by such officer, or by his agent or agents, or with his or 
 their consent or connivance by some committee, or organization, or 
 political party of which party he was the nominee, or the agent or 
 agents of any such committee, organization or party, with intent 
 to secure or promote his nomination or election; and further setting 
 forth that the applicant desires said attorney-general to bring an action 
 to have such public office declared vacant on account of such violation 
 or violations of law, and such application shall be accompanied by a 
 (bond in favor of the State of Nebraska in the penal sum of one thousand 
 
82 ELECTION LAWS OF NEBRASKA. 
 
 dollars subscribed by two sureties, who shall justify as free holders of 
 the state and in double the amount of such penalty exclusive of all their 
 debts and liabilities and property exempt by law from levy and sale on 
 execution, such bond to be conditioned for the payment of all the tax- 
 able costs for which the state, such applicant, or such occupant of such 
 oHice may become liable on account of such action, if none of such 
 charges shall be sustained therein, fid., § 7.] 
 
 Sec. 8. [Same.] It shall be the duty of the attorney-general, 
 within ten days after the receipt of si.ch application and bond, to begin 
 an action against such public officer, or to instruct the county attorney 
 of the county in which the officer resides, to bring such action within ten 
 days after such instruction, to have said office declared vacant, and for 
 such other and further relief as may be appropriate in an action against 
 the usurper of any office. Such action shall be deemed to be, and shall 
 be, conducted according to the rules prescribed by law for the action 
 against a usurper of an office, and it shall be the duty of any county at- 
 torney to bring such action within ten days after receipt of such notice 
 from the attorney general. [Id., § 8.] 
 
 Sec. 9. [Same.] In case such action shall not be brought by 
 either the attorney general or county attorney within the time limited 
 by the eighth section of this act, it shall be lawful for the applicant to 
 bring such action at his own expense and by liis attorney or attorneys, 
 but in such action so brought by such applicant no recovery for costs and 
 disbursements shall be had against the state; Provided, That in any 
 case whether instituted by the county attorney or attorney general, or 
 by the applicant in person, if the court shall at any time pending such 
 action find the bond given as aforesaid inadequate in amount to cover 
 *the costs accrued, or likely to accrue in the cause, or shall find any surety 
 or sureties thereon insufficient, additional bonds or other sureties may 
 be required by the court to be given within such time and upon such 
 terms as the court may order, and upon the failure to comply with any 
 such order of the court, such action may be dismissed at the costs of 
 the applicant and his sureties, [Id., § 9.] 
 
 Sec. 10. [Same— Cause advanced.] Such action, whether 
 brought by the attorney general, the county attorney or the applicant, 
 shall have the preference on the docket of any court of the state in which 
 the same shall be pending over all other civil actions whatever. [Id., 
 §10.] 
 
 Sec. 11. [Same— Judgment— Vacancies.] If it shall be de- 
 termined in any such action that any one or more of the charges set 
 forth in the petition has been sustained, judgment shall be rendered 
 declaring void the election of such defendant to such office and ousting 
 and excluding him from such office and declaring the office vacant, and 
 such vacancy shall thereupon be filled in the manner provided by law 
 or by the constitution of this state with relation to filling vacancies 
 occurring in such office, and judgment shall also be rendered against 
 such defendant for the costs of the action, but if none of such charges be 
 sustained, judgment shall be rendered against such applicant and his 
 sureties on the bond or bonds for the costs of such action. [Id., § 11.] 
 
ELECTION LAWS OF NEBRASKA. 83 
 
 Sec. 12. [Same— Witnesses— Evidence.] No ^person shall be 
 excused from answering any question on trial of such action relating 
 to any of the acts claimed to have been committed by any party thereto, 
 or by any of the persons, committees, or organizations mentioned or 
 referred to in the seventh section of this act on the ground that such 
 answer would tend to incriminate or degrade the person so testifying, 
 but the testimony so given shall not be used in any prosecution or pro- 
 ceeding, civil or criminal, against the person so testifying, and a person 
 so testifying shall not be liable thereafter to indictment, prosecution or 
 punishment for the offense with reference to which his testimony was so 
 given and may plead or prove the testimony according in bar of such 
 indictment or prosecution. [Id., § 12.] 
 
 Sec. 13. [Contests.] The election of any person to either house 
 of the legislature of the state of Nebraska may be contested by any 
 elector entitled to vote at the election at which he was chosen, or any 
 of the grounds for which elections to other offices are by the foregoing 
 provisions of this act required to be avoided. Such contest shall be 
 conducted in the manner provided by law for contesting elections to 
 membership in the legislature. [Id., § 13.] 
 
 Sec. 14. [Political committee defined.] Every two or more 
 persons who shall be elected, appointed, chosen or associated for the 
 purpose, wholly or in part, of directing the raising, collection or dis- 
 bursement, and every two or more persons who shall co-operate in the 
 raising, collection or distribution, or in controlling or directing the rais- 
 ing, collecting or disbursements of money used or to be used to further 
 or defeat the nomination or election of any person or any class or 
 number of persons to public office by popular vote, or to further or de- 
 feat the nomination for such election of any person or any class or 
 number of persons or in support of, or opposition to any measure or 
 proposition submitted to popular vote, shall be deemed a political com- 
 mittee within the meaning of this act. [Id., § 14.] 
 
 Sec. 15. [Committee treasurer.] Every political committee 
 shall appoint and constantly maintain a treasurer, who shall be a resi- 
 dent of this state, to receive, keep and disburse all sums of money which 
 may be collected or received or disbursed by such committee or by any 
 of its members for any of the purposes mentioned in section 14 of this 
 act; and unless such treasurer is first appointed and thereafter main- 
 tained, it shall be unlawful and a violation of this act for a political 
 committee or any of its members to collect, receive or disburse money 
 for any such purpose. All money collected or received or disbursed by 
 any political committee or by any member or members thereof, for any 
 of the purposes mentioned in section 14 of this act shall be paid over 
 and made to pass through the hands of the treasurer of such commit- 
 tee, and shall be disbursed by him, and it shall be unlawful and a viola- 
 tion of this act for any political committee, or for any member or mem- 
 bers of a political committee to disburse or expend money for any of 
 the objects or purposes mentioned in section 14 of this act until the 
 money so disbursed or expended shall have passed through the hands 
 of the treasurer of such political committee. [Id., § 15.] 
 
<^4 ELECTION I/AWS OF NEBRASKA. 
 
 Sec. 16. [Same— Book.] Every treasurer of a political com- 
 mittee and every person who shall at any time act as such treasurer 
 shall, whenever he receives or disburses money as such treasurer, or for 
 or on account of any of the objects or purposes mentioned in Section 14, 
 of this act, immediately enter and thereafter keep, in a proper book or 
 books to be provided and presei'ved by him, a full, true and detailed 
 statement and account of each and every sum of money so received or 
 disbursed by him, setting forth in such statement each sum so received 
 or disbursed, the object and purpose for which it was received or dis- 
 bursed, and the person from whom it was received or to whom it was 
 disbursed, as the case may be. Every individual receiving or disbursing 
 money aggregating more than twenty dollars, for or on account of any of 
 the objects and purposes mentioned in Section 14 of this Act unless he 
 receives it from, or pays it to the treasurer of a political committee, 
 shall in like manner keep in a book a detailed written account of his 
 receipts and disbursements. [Id., § 16.] 
 
 Sec. 17. [Statement of receipts and disbursements.] Any 
 person or persons receiving money or other thing of value to disburse or 
 expend on behalf of a political committee, on contracting any obliga- 
 tions on behalf of a political committee, shall keep in writing, and within 
 eight days after each and every election, caucus, convention or primary 
 election in or concerning or in connection with which he shall have re- 
 ceived it, or disbursed or promised it or any part thereof, or contracted 
 any such obligations, or sooner if called on by the treasurer of the com- 
 mittee, furnish the treasurer a detailed written and signed statement of 
 such receipts, expenditures, promises and obligations, setting forth 
 therein each sum so received or disbursed or promised as the case may 
 be, and the date when and the person from whom received or to whom 
 paid or promised as the case may be, and the character of each such 
 obligation, and to whom incurred, and the object and purpose for which 
 each sum was received, disbursed or promised and each such obligation 
 incurred, which statement shall be incorporated in and form a part of 
 the statement and account which the treasurer is to keep. [Id., § 17.] 
 
 Sec. 18. [Same by treasurer.] Every treasurer of a political 
 committee as defined in this act, and every other person required by 
 section 16 of this act to keep an account, shall, within twenty days after 
 each and every election, caucus, convention or primary election in or 
 concerning, or in connection with which he shall have received or dis- 
 bursed any money for any of the objects or purposes mentioned in sec- 
 tion 14 of this act, prepare and file in the office of the clerk of the county 
 in which such treasurer or person resides, a full, true and detailed ac- 
 coimt and statement, subscribed and sworn to by him before an officer 
 authorized to administer oaths, setting forth each and every sum of 
 money received or disbursed by him for any of the objects or purposes 
 mentioned in section 14 of this act, the date of receipt and each disburse- 
 ment, the name of the person from whom received or to whom paid and 
 the object or purpose for which the same was received and the object 
 or purpose for which disbursed. Such treasurer's statement shall also 
 set forth the unpaid debts and obligations, if any, of such committee, 
 with the nature and amount of each, and to whom owing, in detail and 
 
ELECTION LAWS OF NEBRASKA. 85 
 
 if there are no unpaid debts or obligations of such committee, such 
 statement shall state such fact. [Id., § 18.] 
 
 Sec. 19. [Claims.] No claim against any candidate on account 
 of any obligation incurred or promised made by him in furtherance of 
 his nomination, or of the nomination or defeat of any other person or 
 persons who may be candidates for nomination for any office at the same 
 caucus, convention or primary election, shall be payable or be paid, 
 unless presented for payment within eight days after the caucus, con- 
 vention or primary election. No claim against any political committee 
 shall be payable or be paid unless presented for payment within eight 
 days after the caucus, convention or primary election or elections, in 
 or concerning or in connection with which it shall have been incurred or 
 promised, and no claim against candidate on account of any obligation 
 incurred or promise made by him in furtherance of his election, or to 
 further or oppose the election of any other person or persons voted for 
 on the same day of election, or in support of or opposition to any meas- 
 ure or proposition submitted to popular vote on the same day of election 
 shall be payable or be paid unless presented for paj^ment within eight 
 days after the election in or concerning or in connection with which it 
 shall have been incurred or promised, nor shall any claims not presented 
 within the time herein limited be paid, and it shall be unlawful to pay 
 any claim not presented within the time herein limited, provided, how- 
 ever, that the district court of the county within which such candidate 
 or the treasurer of such committee resides, may, on petition filed and 
 good cause shown for delay, allow claims not presented until after the 
 time herein limited to be paid; two weeks' notice of the filing of such 
 petition having been given to the person, persons, or committee against 
 whom such claim is asserted, and also published in two newspapers of 
 opposite political parties, of general circulation, published in . said 
 county, but should such claim not be shown by the statement required 
 by this act to be filed by such candidate or committee, then after their 
 allowance and payment such candidate or committee, as the case may 
 be, shall file additional statements and duplicates thereof, duly verified, 
 and in the same manner as herein required with relation to their original 
 statements. [Id., § 19.] 
 
 Sec. 20. [Statements preserved.] Every officer with whom 
 statements or accounts or duplicates thereof are hj this act required to 
 be filed, shall receive and file in his office, and there keep as part of the 
 records thereof for four years after they are filed, all such statements, 
 duplicates and accounts, and they shall at all reasonable times be opened 
 to the public inspection, and copies thereof certified by such officer under 
 the seal (if any) of his office shall be admitted as evidence in all courts 
 with like force and effect that the original would have if produced. 
 After four years succeeding the filing of such papers they shall be de- 
 stroyed by such officer or his successor in office. [Id., § 20.] 
 
 Sec. 21. [Failure to make statements.] Every treasurer of a 
 political committee as defined in this act who shall wilfully fail, neglect 
 or refuse to make out, verify and file with the county clerk the statement 
 required by section 18 of this act shall be guilty of a misdemeanor, and 
 upon conviction shall be fined not less than fifty nor more than five 
 
86 BLHOnON LAWS OF NEBRASKA. 
 
 hundred dollars, which fine, when collected, shall be paid into the treas 
 ury of the county in which such fine was assessed, to the credit of the 
 school fund of such county. [Id., § 21.] 
 
 Sec. 22. [Same— Books— Claims.] Every treasurer of a politi- 
 cal committee, and every other person required by section 16 of this aot 
 to keep an account, who shall either. First. Neglect or fail to keep a 
 correct book or books of account, setting forth all the details required to 
 be set forth in the account and statement contemplated in sections 16, 
 17, and 18, of this act (except that the book or books need not be sub- 
 scribed or sworn to) with intent to conceal the receipt or disbursement 
 of any sum received or disbursed by him or by any other person, or 
 the purpose or object for which the same was received or disbursed, or 
 to conceal the fact that there is any unpaid debt or obligation of such 
 treasurer or committee, or the nature or amount thereof, or to whom 
 owing, in detail; or Second.— Mutilate, deface or destroy any such book 
 or books of account with intent to conceal any fact disclosed by such 
 book or books; or Third.— Having failed to file within the time pre- 
 scribed by this act any statement and account which he is by this act 
 required to file, further fail to file the same within five days after he 
 shall receive notice in writing signed by five resident freeholders of the 
 county in which such treasurer or person resides, requesting him to file 
 such statement and account shall be guilty of a misdemeanor and on 
 conviction shall be imprisoned for not less than two or more than six 
 months. [Id., § 22.] 
 
 Sec. 23. [Naturalization of aliens.] It shall be unlawful for 
 any candidate for any office which is to be filled by popular election un- 
 der the constitution or laws of this state, or for any member of a political 
 committee, to pay, contribute, promise or offer, or to procure or connive 
 at the paying, contributing, promising or offering any money or thing 
 of value for the purpose of procuring, facilitating, or defraying any 
 fees or expenses in connection with the naturalization of any alien or 
 aliens, and any violation of this section shall be punishable by a fine of 
 not less than one hundred nor more than five hundred dollars, or im- 
 prisonment for not less than ten nor more than thirty days, or both. 
 [Id., § 23.] 
 
ELECTION LAWS OF NEBRASIvA. 
 
 KEGISTEATION OF VOTERS. 
 
 (Compiled Statutes, 1905, Chapter 76.) 
 ARTICLE I. — CITIES OVER 25,000. 
 
 Section 1. (Registration Books). It shall be the duty of the 
 Mayor and Council of any Metropolitan City, or City of the First Class, 
 having more than twenty-five thousand (25,000) inhabitants, which 
 shall include all portions of the voting precinct, in which said city is 
 situated, to cause to be prepared books for the registration of names 
 and facts required by this act. Said books to be known by the general 
 name of registers, and to be so arranged as to admit of the entering, 
 under the name of each street or avenue in each election precinct and 
 the numlier of each dwelling on any such street or avenue, if there be a 
 number thereto, and if there be no number, then under such definite de- 
 scription of the location of the dwelling place, as shall enable it to be 
 readily ascertained and found, the names of all legal voters in each 
 dwelling, in each of said precincts, who shall apply for registration. 
 Such register shall be ruled in parallel columns in which, opposite the 
 name of every applicant for registration, shall be entered the words and 
 figures hereinafter provided in this act, and shall be of such size as to 
 contain not less than eight hundred (800) names, and so prepared that 
 it may be- used at each election in any city governed by the provisions 
 of this act, until such time as is in this act provided for the succeedimr 
 general registration, and shall on the inside be in form as follows, to-wit: 
 
 
 
 
 
 
 
 
 
 
 Term of 
 
 Residence 
 
 
 S 
 
 a 
 
 
 
 
 
 
 
 
 
 
 
 
 73 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 a 
 
 la 
 
 fir 
 
 0) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 <D 
 
 
 <D 
 
 u 
 
 c 
 
 Xi 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 o 
 
 
 
 CO 
 
 S 
 
 73 
 
 
 
 
 
 
 
 
 
 
 
 
 •X3 
 
 
 
 > 
 
 A 
 
 3 
 
 2 
 
 
 
 TJ 
 
 
 c 
 
 CO 
 
 o 
 
 6 
 o 
 
 ■72 
 
 c 
 o 
 
 > 
 
 o 
 
 C 
 
 'S 
 
 p 
 
 
 
 o 
 
 (V 
 
 3 
 
 s 
 
 < 
 -2 2 
 
 Q 
 
 O 
 
 o 
 
 o 
 S 
 
 > 
 
 isD 
 
 C 
 
 .2 
 
 15 
 
 IB 
 
 -£ : 
 
 a ■ 
 
 <U 
 
 o 
 
 
 < 
 
 a 
 
 o 
 
 o 
 
 c3 
 
 ca 
 
 O 
 
 3 
 
 a -»^ 
 
 o3 
 
 o 
 
 
 j2 
 
 o 
 
 K 
 
 K 
 
 < 
 
 CO 
 
 Z 
 
 O 
 
 Oh 
 
 O 
 
 cc 
 
 ^ 
 
 
 
 O 
 
 c 
 
 Q 
 
 P 
 
 > 
 
 ^ 
 
 O 
 
 K 
 
 [Amended, 1895, chap. 50; 1903. S. F. 215.] 
 
 Sec. 2. [Supervisors cf registration.] All supervisors of regis- 
 tration in said cities shall hereafter be selected and appointed by the 
 city council, and the said council shall have the power to make all 
 necessary removals in the office of supervisors of re2:istration. It shall 
 be tlie duty of said council, annually in the month of September in each 
 year, for each election precinct, in any such cities to select to serve as 
 supervisors of registration, three (3) persons, two of whom, on state 
 issues, shall be of political faith and opinion different from their asso- 
 ciate and the supervisor appointed to represent the political party in 
 the minority on state issues shall be named solely by such members of 
 said city council; the said supendsors shall be citizens of the United 
 States and of state of Nebraska, of good cliaracter and able to read, 
 write, and speak the English language understandingly, qualified voters 
 
88 ELECTION LAWS OF NEBRASKA. 
 
 in said city, and not candidates for any office to he voted for by the 
 electors of the precinct for which they shall be selected, and residents 
 of the precincts for which they shall be appointed. The persons so 
 selected as supervisors shall be notified by the city clerk to appear be- 
 fore the mayor, who shall examine them as to their qualifications, and if 
 he shall be satisfied that they are qualified to serve, they shall each take 
 and subscribe before the city clerk within ten days of the notice of the 
 appointment, the following oath of office: 
 
 •'I residing at No in the city of do solemnly 
 
 swenr (or affirm) that T will support the constitution of the United 
 States and of the state of Nebraska, and that I will faithfully and im- 
 partially discharge the duties of the office of supervisor of registration 
 for the election precinct (or ward) No of the city of ac- 
 cording to the laws of the state and the best of my ability; and that I 
 am a citizen of the United States and of the state of Nebraska, a qualified 
 
 voter in election precinct (or ward) No in the city of and 
 
 not a candidate for any office to be voted for by the voters of the precinct 
 for which I am appointed supervisor." 
 
 Whoever shall be nominated and sworn into office as a supervisor of 
 registration shall receive a certificate of appointment from said city 
 clerk, and said certificate shall be in such form as shall be prescribed by 
 the city council, and to specify the election precinct or ward in and for 
 which the i:)erson to whom the same is issued is appointed to serve, 
 and the date of the expiration of his terra of office. The supervisors of 
 registration appointed under the provision of this act shall hold office 
 for one year, unless sooner removed by the mayor, for want of requisite 
 qualifications, or by said council for cause in either of which cas-^s such 
 removal, unless made while the supervisor is actually on duty on the da}^ 
 of registration or revision of registration, and for improper conduct as 
 registration officer, shall only be made after notice in writing to the 
 officer sought to be removed, which notice shall set forth clearly the 
 reason for his removal; Provided, That any supervisor of registration 
 who shall at any time be appointed to fill a vacancy, which fact shall be 
 stated in his certificate of appointment, shall hold office only during the 
 unexpired term of his predecessor. The said supervisor of registration 
 shall have charge and control of the registration of voters and the revis- 
 ion o'f any registration in their respective precincts. 
 
 Sec. 3. [Challenges.] Any person applying to register may, on 
 any day of any general registration or revision of registration, be chal- 
 lenged in the said cities, and either of the said supervisors in any elec- 
 tion precinct may at any authorized meeting of said supervisors, and 
 one of them shall administer to any person so challenged, the oath or 
 oaths provided by law to test the qualifications of challenged voters, and 
 either of said super\nsors may, at any such meetings, administer to any 
 applicant for registration the oath or oaths provided in this act to be 
 administered to any such applicant, and may also administer to any 
 elector of the election precinct who may be ottered as a witness to prove 
 the qualifications of any person claiming the right to be registered the 
 following oath: 
 
ELECTION LAWS OF NEBRASIvA. 8-> 
 
 FORM OF OATH TO WITNESS. 
 
 **You do solemly swear (or affirm) that you are a voter in this 
 election precinct; that you will fully and truly answer all such questions 
 as shall be put to you touching the place of residence and other quali- 
 fications as a voter of (name to be given) now claiming the right to be 
 registered as a voter in this precinct." 
 
 Sec. 4. [Vacancy.] Whenever, from any cause, there shall 
 exist a vacancy in the office of supervisor of registration, the person ap- 
 pointed to fill such vacancy shall be named by the council as herein- 
 before provided. 
 
 Sec. 5. [Supervisor— Pay.] Supervisors of registration ap- 
 pointed in pursuance of the provisions of this act, shall each be en- 
 titled to receive three (3) dollars per day for each day's service at any 
 registration, or revision of any registration, which compensation shall 
 be allowed by the city council on the certificate of the city clerk as to 
 the time of service; but no payment shall be made to any person as a 
 supervisor as aforesaid, who shall not have taken, subscribed, and filed 
 the oath or affirmation herein required, and who shall not, during the 
 period of his service, have fully complied with all the requirements of 
 law in anywise relating to his duties; and it shall be unlawful for any 
 person to act as such supervisor without having taken, subscribed, and 
 filed the said oath or affirmation, and any person so unlawfully acting 
 shall be deemed guilty of a misdemeanor, and shall on conviction 
 thereof, be fined in any sum not less than fifty ($50.00) dollars, nor more 
 than one hundred ($100.00) dollars, or imprisoned in county jail for not 
 less than ten (10) days nor more than sixty (60) days, or both, and shall 
 stand committed until all fines and costs are paid. Said supervisors, 
 during the time that they hold such office, shall be exempt from the per- 
 formance of jury duty. 
 
 Sec. 6. [Supervisor— Qualifications— Failure to serve.] Each 
 and every person appointed by the city council for supervisor of regis- 
 tration, urfder this act, shall, on receipt of notice thereof from the city 
 clerk, appear within five (5) days thereafter before the mayor for ex- 
 amination, and if found qualified shall, unless excused by the mayor by 
 reason of ill health or other good and sufficient cause, be bound to serve 
 as such officer for the term of one year from the date of his appointment, 
 and in case of the neglect or refusal of any such person to comply with 
 the above requirement, or to serve or act, unless excused as aforesaid, 
 the said person shall be deemed guilty of a misdemeanor, and on convic- 
 tion thereof, shall be fined in any sum not less than fifty ($50.00) dollars, 
 nor more than two hundred ($200.00) dollars, and shall stand com- 
 mitted until such fine and the costs are paid, and said fines shall be for 
 the use of the police fund. 
 
 Sec. 7. [Same-Powers— Duties.] The said supervisors of 
 registration in each election precinct in any city governed by this 
 act, while discharging any of the duties imposed upon them by this 
 act, shall have full authority to preserve order and enforce obedience 
 to their lawful commands, at and around the place of registration, or 
 revision of registration, dilring the time of registration or revision 
 
'90 ELECTION LAWS OF NEBRASKA. 
 
 of registration; to keep the access to snch place open and unobstructed; 
 to prevent and suppress riots, tumults, violence, disorder, and all im- 
 proper conduct tending to the intimidation or obstruction of voters; 
 to prevent the disturbance or interruption of the work of registratio--"!, 
 or revision of registration, and the registers from violence or fraud, 
 and to appoint or deputize, if necessary, one or more voters to com- 
 municate their orders and directions, and to assist in the enforcement 
 thereof, and any person neglfctinc; or refusing to act when so appoi:ited 
 or deputized shall be deemed guilty of misdemeanor, and s>'^!l, on con- 
 viction thereof, be fined in any sum not less than ten ($10.00) dollars, 
 nor more than one hundred ($100.00) dollars, and shall stand cojn- 
 mitted until such fine and the costs are paid. 
 
 Sec. 8. [Time of reg-istration. ] Hereafter there shall be, in 
 cities governed by the provisions of this act, a general registration 
 of the qualified voters residing in each election precinct of said cities, 
 at the times herein before provided, and then only, To-wit: The Thnrs- 
 day of the third week, the Friday of the second week, and the Saturday 
 of the first week immediately preceding the day of the November elec- 
 tion in each year. For each and every election held in any of the 
 said cities, other than such as are above designated in this section, 
 there shall be a revision of the general registration, had, as provided 
 in this act, which revision shall be made on the Saturday of the first 
 week immediately preceding the dav of each and every such election. 
 [Amended 1895, chap. 50, § 2.] " 
 
 Sec. 9. [Same— Duties of supervisors.] The supervisors of 
 registration appointed pursuant to the provisions of this act, shall at 
 the times in this act designated for general registration, m.eet in their 
 respective election precincts, at the places which, as provided in this 
 act, shall be selected for such meetings, and at such times in each 
 election precinct the said supervisors of registration shall openly and 
 publicly do and perform the following acts, viz: 1st. They shall 
 organize as a board by selecting one of their number to act as chair- 
 man, but in case of failure to so organize within fifteen minutes after 
 the time fixed for the meeting, the chairman shall be selected by lot. 
 2nd. They shall receive the application of registration of such legal 
 voters of their several election precincts as then are, or on the day 
 of election next following the day of making such applications would 
 be, entitled to vote therein, and who shall personally present them- 
 selves for registration, and such ot\]j. 3rd. They shall remain in ses- 
 sion on each of said days of registration, or revision of registration, 
 from the hour of 8 o'clock in the morning until nine o'clock in the 
 evening and administer to all persons who may personally apply to 
 register the following oath or affirmation, viz.: 
 
 "You do solemnly swear (or affirm) that you will fully and truly 
 answer all such question 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." 
 
 4th. They shall then examine the applicant as to his qualifications 
 
ELECTION LAWS OF NEBRASIvA. 91 
 
 as an elector, and, unless otherwise provided herein, shall immediately 
 in the presence of the applicant, enter in the registers to be made and 
 furnished, as provided in this act, the statements and acts as above 
 set forth, and in the manner following, viz: 
 
 First— TJnder the column "Residence" the name and number of the 
 street, avenue, or other location of the dwelling if there be a number; 
 but if there shall not be a number, then such clear and definite descrip- 
 tion of the location of such dwelling as shall enable it to be readily 
 found; and if there be more than one family residing in the dwelling 
 named by the applicant, in such case the said applicant shall give the 
 floor on which he resided (every floor below the level of the ground 
 being designated as the basement, the first floor on or above such 
 level the first floor, and each floor, above that as the second or such 
 other floor as it may be), or the number or location of the rooms 
 occupied by the applicant and whether front or rear. Second— JJuder 
 the column "Address" the name of the applicant, giving the sur- 
 name and Christian name in full, and said names shall be kept by 
 streets and avenues as far as the same can be done. Third— Xjnder 
 the column "Sworn" the word "Yes" or "No" as the case may be. 
 Fourth— Vnder the column of "Nativity" the state, country, kingdom, 
 empire, or dominion, as the facts shall be stated by the applicant. 
 Fifth— JJnder the column "Color" the word "White" or "Black" 
 as the case may be. Si.Tth—VndeY the subdivision of the general 
 column of "Term of Residence," the periods by months or years stated 
 by the applicant in response to the inquiries made for the purposes 
 of ascertaining his qualifications and filling such columns. Seventh— 
 Under the column "Naturalized" the word "Yes" or "No" or 
 "Native" as the fact may be stated. Eir/hth— JJnder the column "Date 
 of Papers," the date of naturalization if naturalized, as the same shall 
 appear by the evidence of citizenship submitted or presented by the 
 applicant in compliance with the requirements of this act. Ninth — 
 Under the column "Court" the designation of the court in which, if 
 naturalized, such naturalization was done, as the same shall appear 
 by the evidence of citizenship presented or submitted by the applicant 
 in compliance with the requirements of this act. Te)}th— JJnder the 
 column "Qualified Voter" the word "Yes" or "No" as the fact shall 
 appear and be determined by at least two (2) of the said supervisors, 
 it being, however, required of said supervisors, to designate asa qual- 
 ified voter any person, who, being otherwise qualified, shall not, at the 
 time of making the application be of age, providpd the time when such 
 applicant shall be of the age of twenty-one (21) shall be subs?qii?nt 
 to the date of his making application and not later than the day of 
 the election immediately following such time of apph'ing. Flcvnifli 
 — Under the column "Date of Application," the month, day, and year 
 when the applicant presented himself for registration. 
 
 Pec. 10. [Seme.] On the days and at the times in this act 
 designated for any revision of any general regictration, the duly qual- 
 ified supervisors o.f registration shall meet in their respective election 
 precincts, at the places whieli, in accordance v;ith tLj requirements of 
 
92 ELECTION LAWS OF NEBRASIvA. 
 
 this act, shall have beon provicled for such meetings, and shall openly 
 and nnblicly do and perform the followins: acts, v'wr. Each and every one 
 of the duties and requirements set forth to subdivi=^ions one (1) and 
 three (3) of section nine (9) of this act. They shall in each election 
 precinct receive the application for registration of such leQ:al voters of 
 the election precinct, whose names are not then borne ui)on the resis- 
 tors thereof as qualified voters therein, as shall personally present 
 themselves, and who, on the day of election next ensuing, would be 
 entitled to vote therein, and as to all applications made to them, they 
 shall proceed therewith in the manner provided in subdivision four (4) 
 of section nine (9) of this act, provided, that if upon the examination, 
 as in this act provided for, of any applicant for registration, it shall 
 appear that he has, since the last day of any general registration of 
 voters or any revision thereof in cities governed by this act, moved into 
 or become a resident of said election precinct, the said supervisors 
 shall inquire from where such applicant removed or came; and if it 
 shall appear that such removal was from a place within the said city, 
 they shall inquire if in the election precinct in which he resided at the 
 time of the last preceding general registration (naming su^h time), 
 or in which he has resided at any time subsequent thereto, he has b^en 
 re^^istered, or has applied for registration; and if he shall swear that 
 hf has not, then the said supervisors shall proceed with said applica- 
 t:3n as with that of any other person who may apply to them; but 
 if he shall swear that he has been so registered, the said supervisors 
 shall, before proceeding further, require him to present to them a 
 certificate of removal as provided for in this act, so that his name shall 
 not be on the registers of two election precincts; ancl upon presenta- 
 tion to any board of supervisors of any certificate of removal, the said 
 board shall treat the person presenting the same, in the same manner 
 provided in subdivision four (4) of section nine (9) of this act for 
 applicants for registration. 
 
 Sec. 11. [Oath of removal.] Any person who shall at any 
 time as provided in this act, have personally a]i])lied to the said super- 
 visors in any such election precinct for registration, and shall have, 
 in the register thereof, been entered as a qualified voter, and who shall, 
 at any time prior to the close of any. general registration, or revision 
 of registration, have removed from the dwelling place under which he 
 shall, as a resident, be. borne upon the register, may, upon any day 
 provided in this act for the meeting of said supervisors, personally 
 appear before the supervisors in any election precinct in which he 
 resided at the tim.e his name was entered upon said register, during 
 the hours provided in this act for the meetings of said supervisors, and 
 publicly take and subscribe before one of said supervisors the follow- 
 ing oath or affirmation, which shall be known as the oath of removal, 
 viz: 
 
 I residing at No in election precinct No 
 
 of the city of , do solemnly swear (or alhrm) that I am 
 
 duly entered in the registers of said election precinct, from said resi- 
 dence as a qualified voter and that I have removed my place of resi- 
 dence to No in election precinct No in said city, and I 
 
ELECTION LAWS OF NEBRASIvA. 93 
 
 do hereby request that the proper entries and records be made as the 
 same are provided for by law, and that a certificate of removal be fur- 
 nished me at this time." 
 
 Upon such oath or affirmation being made and subscribed as herein 
 provided, it shall be the duty of said supervisors to carefully preserve 
 the same and file it within twenty-four (24) hours after the close of 
 any registration or revision, with the city clerk; and upon am^ such 
 person taking and subscribing said oath of removal the said super- 
 visors, if satisfied of the identity of the person making the same with 
 the person he claims to be, as the description of said last mentioned 
 person shall appear on the registers; (and if not satisfied therewith, 
 shall at once, by a police officer, or by any one to whom said board 
 shall especially authorize, make an examination and inquire at the 
 residence of said person, as the same shall be entered upon the registers 
 as to the fact of the removal of such person from said dwelling place; 
 when, if his removal therefrom shall be found by the report of such 
 person to be a fact), shall immediately proceed to strike from said 
 registers the name of such person, by entering in each of the registers, 
 opposite to and against the name of such person, and in the column 
 headed, ''why disqualifi.ed, " the word, ''removed," and in the column 
 headed, ''date of erasing name," the month, day, and year of such 
 striking from said registers such name, and in the column headed, "re- 
 marks," the words, "transferred to," together with the number of 
 the election precinct to which such person shall, in his oath of removal, 
 state he has removed and the initial letters of the name of each super- 
 visor who shall in each of said registers make such entry, and sha'l 
 through the name of such person as the same shall appear on such 
 registers, and there only, draw a red line indicative that such name 
 is erased from the registers of that election precinct, and the name 
 of any such person so found stricken and erased from said registers 
 shall as to his name entered under the column "residence," be there- 
 after considered by all election officers to be stricken from the rolls 
 of that election precinct, and shall be treated as if never entered 
 thereon. If the dwelling place to which any such person shall have 
 removed be within the boundaries of the same election precinct as was 
 his former residence as shown by the registers in said election pre- 
 cinct, the said supervisors shall, in said registers under the number 
 or other description of the dwelling place to which such person has 
 removed, enter his name, and in the several columns opposite and 
 against the same, such words and figures as, prior to the striking from 
 or erasing of the name of such person in the manner in this section 
 above provided, were in the column similarly headed and opposite to 
 and against the name of such person as upon said register it appeared 
 under the dwelling from which he shall have declared he has removed; 
 and if the dwelling place to which he shall have removed shall be 
 within the boundaries of any other election precinct than was the resi- 
 dence under which he was previously entered on said registers, the said 
 supervisors shall fill up, sign, and deliver to such person a certificate, 
 which shall be known as the certificate of removal, and shall be in 
 form as follows, viz.: 
 
94 ELECTION LAWS OF NEBRASKA. 
 
 CERTIFICATE OF REMOVAL. 
 
 Eegistration place of election precinct No , in the city of 
 
 tliis day of 18. . . 
 
 To the board of supervisors of election precinct No in tlie 
 
 city of 
 
 Tills is to certify that the name of , heretofore 
 
 residing at No in this election precinct, has been by us, the 
 
 supervisors of registration in tliis precinct, stricken from the registers 
 of tliis precinct, and the proper erasures made, upon oath of removal 
 and at the request of said above named persons; and that upon said 
 registers in this election precinct were entered as to him the follow- 
 ing statement, viz.: 
 
 Name 
 
 Residence 
 
 Sworn 
 
 Nativity 
 
 Color 
 
 LEGISLATIVE DISTRICT. 
 
 Term of residence County 
 
 State 
 
 Naturalized 
 
 Date of papers 
 
 Court 
 
 Qualified Voter 
 
 Date of application 
 
 Sec. 12. [Entries on registers.] The said supervisors of reg- 
 istration in each election precinct shall on each daj^ of any general 
 registration before adjournment, enter in each of two books prepared 
 for that purpose, one of which shall be known as the public copy of 
 the registers, and the other of which shall be known as the election 
 bureau copy of the registers, all such names and residences, and all 
 such dates, information, and statements as during the day have been 
 entered by the said supervisors in the registers provided in this act, 
 and the whole five books shall on each of said days, after a com- 
 pletion of said copies of the registers, be carefully compared through- 
 out, so that each of said registers, and the copies thereof shall in every 
 respect agree with each other and contain the name and residence 
 of each person who shall have applied for registration and the 
 facts respecting him, as the same shall have been stated by him and 
 entered in said registers, as provided in this act. The said supervisors 
 shall, in the last day of any general registration, certify each of said 
 copies in the same manner as if it were an original register, and within 
 thirty-six hours after their adjournment on said last day of any gen- 
 eral registration, the said supervisors shall file with the city clerk the 
 election bureau copy of said registers at his office whore tlie same shall 
 be carefully preserved, and the said supervis(^rs shall on the last day 
 of any revision of registration, and before adjournment make a copy 
 of the registers as they shall then be made up for the election next 
 
ELECTION LAWS OF NEEIIASKA, 
 
 ensuing, which copy shall be marked and known as a public copy of 
 the original registers as then existing for the election next ensuing; 
 and the said supervisors shall also make, fill, and certify, on blanks 
 to be prepared and furnished by the city clerk for that purpose, the 
 name and all other particulars as shall be entered against or opposite 
 to the name of any person, which, having been once entered upon said 
 registers shall have been on the days of any such revision of regis- 
 trations for any reason stricken therefrom as provided in this act to- 
 getlier with the name and all such other particulars as shall be entered 
 against or opposite the name of any person who shall on any day of 
 any such revision have been added to the said registers and said blanks 
 so filled and certified shall within twenty-four liours after tlie close 
 of the last day of any revision of registration be left by said supervisors 
 with the city clerk, and it shall be the duty of the city clerk to imme- 
 diately enter, or cause to be entered, in the election bureau copy of 
 the registers of each election precinct on file in his office, all the proper 
 and necessary entries requisite to make said copy conform to said 
 registers and be always a copy thereof. 
 
 Sec. 13. [Books and blanks.] It shall be the duty of the city 
 ci- ks in said cities, under the direction of the mayor and council, 
 tc 7 t'epare and furnish all necessary registers, books, maps, oaths, cer- 
 tificates, blanks, and instructions for the use of supervisors of regis- 
 tration, and to provide said officers with all necessary supplies, to have 
 and retain the custody of all registers, copies thereof, records, papers, 
 and certificates of every kind required by this act, to be filed and kept 
 in his office. The said city clerk shall for any revision of any general 
 registration issue to each of said judges in each election precinct in 
 said cities, one of the registers of said precinct in use therein at the 
 preceding election, and returned to and filed by him in his office. 
 
 Sec. 14. [Entry on books at close of day.] The said super- 
 visors of registration in each election precinct in any city governed 
 by the provisions of this act, on each day of any general registration, or 
 revision of registration, and before adjournment shall on each of the 
 registers and on each copy thereof, as in this act provided, shall on each 
 of said days be kept and made, draw in red ink immediately below the 
 last name underneath each dwelling place and below the last figures and 
 words entered opposite to or against such last name in each column, save 
 that of residence, a heavy line as indicating that the entering of names 
 on said registers for the day mentioned in the column headed "date 
 of application," and opposite to or against the name of the last per- 
 son entered under any dwelling place there ceased, and immediately 
 under said r^ed line on each of said registers, said supervisors slnll 
 eacli sign his name, so that no new name can be added without dis- 
 covery. 
 
 Sec. 15. [Certificates.] The said supervisors of registration 
 shall, in a place to be provided therefor in each of the registers required 
 by this act, fill up, date, and each sign with his name and place of resi- 
 dence, the appropriate and proper certificate, which shall be either 
 printed or written, or partly printed and partly written, and for a gen- 
 eral registration shall be in the form following, to-wit: 
 
^6 ELECTION LAWS OF NEBRASKA. 
 
 ''"We, the undersigned supervisors of registration in election pre- 
 cinct No in the city of , do jointly and sev- 
 erally certify that at the general registration of voters, held in said 
 
 election precinct on the days of 18. . . ., 
 
 and on the days of ] 8 . . . . , and on the 
 
 days of 18...., there was registered by 
 
 us as qualified voters in the said election precinct the names which in 
 this register are entered as of said days, and that the number of such 
 registered qualified voters was and is 
 
 Dated 18. 
 
 Supervisors of said election precinct No 
 
 And said certificates shall be made immediately after the last day 
 of any general registration. And for a revision of any general regis- 
 tration, said certificate shall be in the following form, to-wit: 
 
 **AVe, the undersigned supervisors of registration in election pre- 
 cinct No in the city of do jointly and severally 
 
 certify that at a revision of the last general registration of voters held 
 
 in said election precinct on the days of 
 
 18 .... , and on the day of 18 .... , there 
 
 were by us added to the list of qualified voters of said election precinct 
 the names which in the said registers are so entered as of said days^ 
 
 and that such number was and is , and that there were 
 
 stricken from the registered qualified voters of said election precinct^ 
 the names which in the said registers appear on said days to have been 
 stricken off and erased in the manner prescribed by law and that said 
 number was and is , leaving the total number of regis- 
 tered qualified voters in said election precinct for the next ensuing 
 
 year in said city , which is the number of names now 
 
 borne in said registers, as such qualified voters for such election.'* 
 
 Dated 18. 
 
 Supervisors of said election precinct No 
 
 Sec. 16. [Delivery of registers.] The said supervisors of 
 registration in each election precinct shall after making and signing 
 the said certificates named in section fifteen hereof deliver all of said 
 registers to the city clerk of such city, who shall retain and carefully 
 preserve all the said registers and on the day of any election the said 
 city clerk shall deliver said registers to the judges of election in the 
 precinct named in said registers. The public copies of the register,— 
 The said supervisors shall at the close of their proceedings on the last 
 day of any registration,, or revision of registration, leave with the 
 said city clerk, where said public copy shall be and remain imtil the 
 next meeting of said supervisors for the purpose of registration, or re- 
 vision of registration, to the end that they may be inspected and cojiied 
 by any voter in said city. But on the day of any election, the judges 
 of election shall take possession of said public copy, and they shall 
 closely retain the same throughout the said day, returning the same 
 
ELECTION LAWS OF NEBRASKA. ^7 
 
 to the city clerk, and shall also, at the close of the canvass and retura 
 of the votes at any election, deliver to said city clerk the registers of 
 each election precinct, which public copy and said registers sliall be 
 carefully kept and preserved by said city clerk. On the first day of 
 any general registration, or revision of registration, the said city clerk 
 shall deliver to said supervisors of registration the said public copy 
 and the registers of their election precinct, and the said supervisors 
 shall retain and preserve the said registers until after the completion 
 of the general registration, or revision of registration, when the same 
 shall be returned to said city clerk. 
 
 Sec. 17. [Copy from registers.] It shall be the duty of the 
 said supervisors of registration in each election precinct, on each day 
 of general registration or revision of registration, and before adjourn- 
 ing, to copy from the registers the names and residences of all persons 
 registered upon that day, and to make such copy so that the names 
 of those persons having the same residence shall appear together in 
 form as follows: 
 
 List of voters in election precinct No of the city of 
 
 on the day of 18. . . 
 
 NAMES. RESIDENCES. 
 
 And they shall append thereto a certificate signed by each of said 
 supervisors in the form following, to-wit: 
 
 "We, the undersigned, supervisors of registration in election pre- 
 cinct No of the city of do jointly and severally 
 
 certify that the list hereto annexed is a true and correct copy of all 
 the names and residences upon the registers, of all persons who have 
 been registered by us as qualified voters in said election precinct, this 
 day of 18... 
 
 Silpervisors of said election precinct No 
 
 And said supervisors shall immediately post said copy in some 
 conspicuous place in the room or building where such registration, or 
 revision of registration is had, and said copy shall be for public inspec- 
 tion and may be copied by any voter of said city. The city clerk shall 
 preyjare and furnish to said supervisors the necessary blanks and forms 
 prescribed in this section. 
 
 Sec. 18. [Election— Use of registers.] The judges of election 
 in each of said election precincts shall, on the day of any election 
 therein, have with thera, at the polling place in said precinct, the regis- 
 ters provided for in this act. They shall each make use of one of said 
 registers for guidance on said day, and no vote shall be received from 
 any person 7.inless the name of the person ofi'ering to vote be found 
 by at least two of said judges to be upon at least two of said registers 
 as a qualified voter; except that the person offering to vote, whose 
 
 4 
 
98 ELECTION LAWS OF NEBRASKA. 
 
 name is not on two of said registers, shall furnish to the said judsres 
 his affidavit, suhsoribed and sworn to before the city clerk, or some 
 person designated therefor by the mayor, of any city governed by 
 tliis act, giving his reasons for not appearing before the sn])ervisors of 
 registration on am^ day of registration, or revision of registration, and 
 sliall also set foj'th in said affidavit his place of residence and the facts 
 necessary to show that he is a qualified voter in said precinct, and shall 
 prove before said judges, by the affidavit or oath of at least two free- 
 holders, residents of said precinct in which he offers his vote, for at 
 least one year immediately preceding said election, that they know 
 such person to be an inhabitant and qualified voter of said prer^inct; 
 and upon filing said affidavit and making the proof herein required, the 
 said person shall be entitled to vote. And any person offering to vote 
 at any election may be challenged, and the same oaths shall be put as 
 are prescribed by law. It is hereby made the duty of the city clerk 
 of any such city, on request, to take and certify the affidavits herein 
 required, without fee or reward, and on the day of any election in 
 ar\y such city, the said clerk shall be in his office and keep the same 
 open from 8 o'clock a. m., until 7 o'clock, p. m., on said day, for the 
 purpose of taking said affidavits as herein provided. In case of the 
 absence, on account of sickness or other cause, of the city clerk, the 
 mayor of any such city shall designate some person, authorized to 
 administer oaths, to take and certify said affidavits, at the office of the 
 city clerk only, said person so designated by the mayor shall receive 
 as compensation for each day's service the sum of five ($5.00) dollars, 
 which shall be allowed by the city council on the certificate of said 
 mayor. The chairman of judges in each election precinct, shall, if 
 present, and if absent, then one of the other judges, shall upon any 
 person offering to vote, announce, in a loud, clear, and distinct man- 
 ner, the name of such person, and before any ballots shall be deposited 
 in any of the ballot boxes, at least two of said judges shall examine 
 at least two of said registry lists, and if the name of said voter shall 
 be found on at least two of said registry lists, as a qualified voter, then 
 said judges shall receive and deposit the ballot in the proper ballot 
 box, and at least two of said judges shall write in the appropriate 
 column in said registers, the word "Voted," and opposite to the name 
 and residence of such person, the word ''Yes." And no ballot shall 
 be received by either of said judges, and deposited in any of the ballot 
 boxes at any election, unless the name of the person oiTering to vote 
 shall be found on at least two of the said registers, or such person 
 shall file with said judges the affidavit herein required; and shall also 
 furnish to said judges the proof as in this section required. It sliall 
 be the duty of each of said judges to enter on the register in his 
 possession, in a suitable and separate part thereof, the name and resi- 
 dence of each person voting, wliose name does not appear on at least 
 two of said registers. It shall further be the duty of each of said 
 judges, immediatel}^ on the close of the polls on the day of election 
 to compare the said registers as kept by them, as herein provided, and 
 attach to them a certificate in writing that the same are correctly 
 checked, and within twenty-four hours after the completion of the 
 
ELECTION LAWS OF NEBRASKA. 99 
 
 cai'.vass of the votes cast in the eleotion precinct in which they served, 
 to leave all of said registers at the office of the city clerk, whose duty 
 it shall be to file and preserve the same, and in no election precin^^t 
 in any snch city shall any jndge, who has custody or charge of either 
 or any of said registers in this act provided for, ever permit said reg- 
 ister to leave his possession from the time of receiving custody of the 
 same until he shall file the same as herein provided. 
 
 Sec. 19. [Challenges.] Any person who is a qualified voter 
 in any such city may, upon the date of any registration or revision of 
 registration, challenge and contest the right of any person to be regis- 
 tered in any election precinct, or may require the name of any regis- 
 tered person to be marked for challenge, and on any such day or days 
 sh;^!! be entitled to be heard by the supervisors of registration in any 
 election precinct in relation to the correctness of or additions to any 
 of said registers. 
 
 Sec. 20. [Place of reg-istration. ] Hereafter the mayor and 
 council of any city governed by the provisions of this act, shall desig- 
 nate and appoint the place of registry in each election precinct in said 
 city and shnll hire all such places as may be necessary and cause the 
 same to be fitted up, warmed, lighted, and cleaned, and the work of reg- 
 istration shall be carried on at the places so designated. But in each 
 election precinct such place shall be in a public, orderly, and conven- 
 ient portion of the precinct, and no building or part of building shall 
 be designated or used as a place of registration, or revision of regis- 
 tration in which, or in any part of which, intoxicating liquors of any 
 kind are sold or have been sold within ten days next preceding the 
 time of using the same, and no place slir.ll be designated or used for 
 any such purpose without the same shall be well lighted with gas. 
 unless there shall be no such place in the precinct attainable which 
 is so lighted. 
 
 Sec. 21. [Same— Fisihts of political parties.] At each place 
 of registration, or revision of registration in any such city, each politi- 
 cal parly S'lall have tlie right to designate place and keep a challenger, 
 who shall be assigned such position as will enable him to see e-^ch 
 person as he offers to register, and who shall be protected in the dis- 
 charge of his duties by the supervisors and the police. Each political 
 party may remove any challenger appointed by it, and any vacancies 
 which from any cause arise, shall be filled by the same party, power, 
 and authority that conferred the original appointment. 
 
 Sec. 22. [Removal of voter.] No person who is registered 
 in one election precinct, in any such city, shall register in any other 
 precinct wliile any prior registration remains unerased, or in any other 
 manner than is in this act provided; but if in the event of the revision 
 of any registration in such city, any person shall present himself for 
 the purpose of being registered as a voter, and it shall appear that 
 the name of said person is borne upon the registers of any election 
 precinct other than that in which he shall at the time of such revision, 
 make application for registration, and that since the day of the pre- 
 ceding election or registration he has removed from the precinct in 
 which he was then registered to the precinct in which he shall at the 
 
100 ELECTION LAWS OF NEBRASIvA. 
 
 time of any sucli revision, apply for registration, and it shall also ap- 
 pear that there is no meeting of the board of supervisors in the pre- 
 <'inet in vrhich his name shall be borne upon the register, then, and 
 in such event the oath of removal may be made before any niember 
 of the board of supervisors in any precinct to which he shall have 
 removed, and the persons so appearing at any such revision shall be 
 entitled to all the rights and privileges to which he would be entitled 
 were the registration a general registration, and the said person mak- 
 ing an original application for registration. 
 
 Sec. 23. [Concurrent action of majority.] For all powers, 
 authority, and duties, in this act prescribed for or conferred upon, 
 and all actions required of supervisors of registration, or a board of 
 supervisors, save where such authority is specifically allowed to each 
 of said supervisors, the concurrence or assent of a majority of all the 
 supervisors of registration in any election precinct must in all cases 
 be obtained. 
 
 Sec. 24. [Offices designated.] The several offices of super- 
 visors of registration, in this act named and created, are and shall be, 
 in all courts and proceedings, deemed and held respectively to be elec- 
 tion precinct officers, and it shall be the duty of said supervisors of 
 registration, respectively, or a majority of the said supervisors, to 
 be in constant attendance during the hours and time fixed for the dis- 
 charge of their several duties. 
 
 Sec. 25. [Records open to inspection.] All data, statistics, 
 and all registers, poll books, and records of every kind and nature, 
 which, under this act, or under any laws of this state, or which in 
 compliance with any ordinance, resolution, order, or direction of the 
 mayor and council of any of said cities, are or may be required to be 
 made, ascertained or kept by, or returned to, or filed with the city 
 clerk, shall at all times during office hours, be open to inspection, ex- 
 amination, comparison, and copying by any voter of said city, free 
 from any charge. 
 
 Sec. 26. [Special election.] If at any tim6 a special election 
 shall be held in any city governed by the provisions of this act, or in 
 any i^ortion of any such city, the same revision of registration shall 
 be had and made for any such special election, and in the same man- 
 ner as if the said election was a municipal election, for and throughout 
 said city, and each and every of the provisions of this act, not incon- 
 sistent with the terms of this section, shall apply with as full force 
 and effect to any such revision of registration therefor as if the same 
 was for a municipal election in, for, and throughout said city. 
 
 Sec. 27. [Duties of judges of election.] In each election pre- 
 cinct in said cities, it shall be the duty of the judges of election in each 
 election precinct, immediately after the close of the polls on the day 
 of any election, before proceeding with the canvass of the ballots in 
 am^ box, and while the clerks of election are canvassing their books, 
 to write in ink opposite to and against the name of each person entered 
 in said registers, who is not shown by said registers to have voted, 
 and in the colunm headed, "vote," the word, **no," so tliat the said 
 column may be wholly filled up, and the said judges shall then com- 
 
ELECTION LAWS OP NEBRASKA. lUl 
 
 pare said registers, make them agree and ascertain the number of per- 
 sons who by them are shown to have voted at that polling place that 
 day; and when tbey have made comparisons and ascertained such fact, 
 the chairman of the board of judges, or in his absence, one of the 
 other judges, shall announce the same in a loud voice. 
 
 Sec. 28. ["Precinct" defined.] The term, precinct, as used 
 in this act, shall be construed to moan and include any precinct, ward, 
 or other division of territory in any city governed by this act, created, 
 designated, and made by ordinance, for election purposes. 
 
 Sec. 29. [False registration, etc.] If at any registratioa of 
 voters, or at any meeting of supervisors of registration held for such 
 purposes or for a revision thereof as provided in this act, any person 
 shall falsely personate an elector or other person, and register or at- 
 tempt or offer to register in the name of such elector or other person; 
 or if any person shall knowingly or fraudulently register, or offer, or 
 attempt, or make application to register, in or under the name of any 
 other person, or in or under any false, assumed, or fictitious name, or 
 in or under any name not his own; or shall knowingly or fraudulently 
 register in two election districts; or having registered in one district, 
 shall fraudulently attempt or offer to register at any election district 
 not having a lawful right to register therein; or shall knowingly or 
 wilfully do any unlawful act to secure registration for himself or any 
 other person; or shall knowingly, wilfully, or fraudulently, by false 
 personation or otherwise, or by any unlawful means, cause or procure, 
 or attempt to cause or procure, the name of any qualified voter in any 
 election precinct to be erased or stricken from any register of the voters 
 of such precinct, made in pursuance of this act, or otherwise than in 
 this act provided; or by force, threat, menace, intimidation, bribery, re- 
 ward, or otfer or promise thereof or other unlawful njeans, prevent, 
 hinder, or delay any person having a lawful right to register or to be 
 registered, from duly exercising such right; or who shall knowingly, 
 wilfully, or fraudulently compel or induce, or attempt, or offer to 
 compel or induce, by such means or any unlawful means any supervisor 
 of registration, or other officer of registration, to register any person 
 not lawfully entitled to registration in such precinct, or to register any 
 false, assumed, or fictitious name, or any name of any person, except 
 as provided in this act; or shall knowingly, or wilfully or fraudulently 
 interfere with, hinder, or del^y any supervisor of registration, or other 
 officer of registration, in the discharge of his duties, or counsel, advise, 
 or induce, or attempt to induce any such supervisor or other officer 
 to refuse or neglect to comply with or to perform his duties, or to violate 
 any law prescribing or regulating the same or shall aid, counsel, pro- 
 cure, or advise any voter, person, supervisor, or other officer of regis- 
 tration, to do any act forbidden by this act, or in this act constituted 
 an offense, or to omit to do any act by law directed to be done, every 
 such person shall, upon conviction thereof, be adjudged guilty of a 
 felony, and shall be pupished by imprisonment in a state prison not 
 less than one nor more than five years. 
 
 Sec. 30. [Supervisor— Neglect of duty.] If any supervisor 
 of registration, or revision of registration, shall be guilty of any wilful 
 
102 J^ECtION LAWS OF NEBRASKA. 
 
 neglect of his duty, under this act, or of any corrupt or fraudulent 
 conduct or practice in the execution of the same, he shall on convic- 
 tion thereof, be adjudged guilty of a misdemeanor, and shall on con- 
 viction thereof, be punished by imprisonment in the county jail for 
 not less than ton days nor more than sixty davs. or by tine of not less 
 than one hundred ($100.00) dollars nor more than two hundred 
 ($200.00) dollars, or both. 
 
 Sec. 31. [Same— Stealing records.] Every supervisor of reg- 
 istration, clerk, or other officer, having the custody of any records, reg- 
 isters, or copy thereof, oaths, certificates, or any paper, document, or 
 evidence of any description in this act directed to be made, filed, or 
 preserved, who is guilty of stealing, wilfully destroying, mutilating, 
 defacing, falsifying, or fraudulently removing or secreting the whole 
 or any part thereof, or who shall fraudulently make an entry, erasure, 
 or alteration therein, except as allowed and directed by the provisions 
 of this act, or who permits any other person so to do, shall upon the con- 
 viction thereof be adjudged guilty of a misdemeanor and shall be pun- 
 ished for each and every such offense by imprisonment in the county 
 jail for not less than ten days nor more than sixty days and shall, in 
 addition thereto, forfeit his office. 
 
 Sec. 32. [Records— Stealing and destroying.] Every person 
 not an officer, such as is mentioned in the last preceding section, who 
 is guilty of any of the acts specified in the preceding section, or who 
 advises, procures, or abets the commission of the same, or any of 
 them, shall upon conviction thereof, be adjudged guilty of a mis- 
 demeanor and for each and every such offense shall, on conviction 
 thereof, be punished by imprisonment in the county jail for not less 
 than ten days nor more than sixty, or by fine of not less than fifty dol- 
 lars, nor more .than five hundred dollars, or both. 
 
 Sec. 33. [False swearing.] Any person who shall be con- 
 victed of wilfull or corrupt false swearing or affirming in taking an 
 oath or affirmation prescribed by or upon any examination provided 
 for in this act, or upon being challenged as unqualified upon offering 
 to register, shall be adjudged guilty of wilfull and corrupt perjury, and 
 shall, on conviction thereof, be punished by imprisonment in the peni- 
 tentiary not less than one year, nor more than ten years. 
 
 Sec. 34. [Same— Subornation.] Every person who shall wil- 
 fully and corruptly instigate, advise, induce, or procure any person to 
 swear or affirm falsely, as aforesaid, or attempt or offer so to do, shall 
 be adjudged guilty of subornation of perjury, and shall, wpon convic- 
 tion thereof, suffer the punishment directed by law in cases of wilfull 
 and corrupt perjurv. 
 
 Sec. 35. [Hindering registration.] Tf at any general registra- 
 tion of voters, or revision thereof, any person shall cause any breach 
 of the peace, or use any disorderly violence, or threats of violence, 
 whereby any such registration or revision shall be impeded or hindered. 
 or whereby the law^ful proceedings of any supervisor of registration 
 or challenger are interfered with, every such person shall, upon con- 
 viction thereof, be adjudged guilty of a misdemeanor, and, upon con- 
 viction thereof, shall be punished by imprisonment in the county jail 
 
ELECTION LAWS OF XEBRASIvA. 103 
 
 not less than ten days nor more than six months, or by a fine of not less 
 than fifty ($50) dollars, nor more than five hundred ($500) dollars, or 
 both. 
 
 Sec. 36. [Same.] If any person shall knowingly or wilfnlly 
 obstruct, hinder, assault, or by bribery, solicitation, or otherwise inter- 
 fere with any supeiwisor of registration or other person designated as 
 provided in this act to be present at any registration, in the performance 
 of any duty required of him, or which he may by law be authorized 
 and })ermitted to perform; or if any person, by any of the means before 
 mentioned or otherwise unlawfully shall on the day of registration or 
 revision of registration hinder or prevent any supervisor of registra- 
 tion, or any person designated as provided in this act to be present at 
 such registration, in his free attendance and presence at the place of 
 registration in and for which he is appointed or designated to serve, or 
 in his full and free access and egress to and from any such place of 
 registration or revision of registration, or to and from any room in 
 which any such registration or revision of registration may be had, 
 or shall unlawfully molest, interfere with, remove, or eject from any 
 such place of registration or revision of registration any such super- 
 visor of registration or person designated, as provided in this act, or 
 shall unlawfully threaten, or attempt, or offer so to do, every such per- 
 son shall be guilty of a misdemeanor and; on conviction thereof, shall 
 be punished by imprisonment in a county jail for not less than thirty 
 days, nor more than six months, or shall be fined not less than two 
 hundred ($200) dollars, nor more than one thousand ($1000) dollars, 
 or both, and shall stand committed until the fine and costs are paid. 
 
 Sec. 37. [Neglect by supervisors.] Any supervisor of regis- 
 tration who shall wilfully neglect, or when called upon, shall wilfully 
 decline to exercise the powers conferred op him in this act, shall be 
 deemed guilty of a misdeme-^nor. and upon conviction thereof, shall 
 be punislied by imprisonment in the county jail for not less than thirty 
 days nor more than six months, or by a fine of not less than two hun- 
 dred and fifty ($250) dollars, nor more than one thousand ($1000) 
 dollars, or by both fine and imprisonment. 
 
 Sec. 38. [Same.] If in any election precinct at any general 
 registration of voters, or revision thereof, in any city governed by the 
 provisions of this act, any supeiwisor of registration shall knowin?-ly or 
 wilfully admit any person to registration, or make any entry upon any 
 register of voters, or shall consent thereto, unless a majority of ail 
 supervisors of registration in said election precinct are present and 
 concur, he shall, upon conviction thereof, be adjudged guilty of a mis- 
 demeanor, and shall be punished by imprisonment in the county jail not 
 less than thirtv nor n^ove than sixtv davs, or be fined not less than one 
 hundred ($100.00) dollars, nor more than one tho^is-^nd ($1000.00) dol- 
 lars, or by both such fine and imiDrisonment. And if any supervisor of 
 registration in any election district shall, without urgent necessity, 
 absent himself from the place of r'^sri strati on in said precinct upon any 
 day of registration, whereby le-s than a majority of all the supervisors 
 in such election precinct shall be present during the hours of registra- 
 tion, or revision of registration he shall, upon conviction thereof, be 
 
104 ELECTION LAWS OF NEBRASIvA. 
 
 adjudged guilty of a misdemeanor, and shall be punished by imprison- 
 ment in a county jail not less than thirty days nor more than six months, 
 or sliall be fined not less than one hundred ($100.00) dollars nor more 
 than one thousand ($1000.00) doHars, or both. 
 
 Sec. 39. [Duties of county attorney.] Tt is hereby made the 
 spcfial duty of the county attorney of any county in this state to im- 
 i: ediately prosecute all complaints which may be made of violations 
 of any of the provisions of this act to final judginent; and the court 
 before which any conviction for such violatio i shall be had shall not 
 in any case suspend sentence or judgment for more than twenty days; 
 but no indictment or information for such violation shall be brought to 
 trial unless the complainant, if any, if he shall be found, shall have at 
 least two days notice, in writing, from the said county attorney, of the 
 day when he intends to try the same. 
 
 Sec. 40. [Liquors.] Whoever during the sitting of any board 
 of supervisors of registration in any election precinct in any city 
 governed by the provisions of this act, whether held for the purpose 
 or registration, or revision of registration, shall bring take, order, or 
 send into, or shall cause to be taken, brought, ordered or sent into or 
 shall attempt to bring, take, or send into any place of registration, or 
 revision of registration, any intoxicating liquors whatever, or shall at 
 any such time or place drinli or partake of any such liquor shall be 
 deemed and held guilty of a misdemeanor, and shall, on conviction 
 thereof, be punished by imprisonment in the county jail not less than 
 thirty days nor more than six months, or by fine of not less than one 
 hundred ($100.00) dollars nor more than five hundred ($500.00) dollars, 
 or both, and shall stand committed until the fine and costs are paid. 
 
 Sec. 41. [Irregularities.] Irregularities or defects in the 
 mode of noticing, convening, holding, or conducting any registration, or 
 revision of registration, authorized by law, shall constitute no defense 
 to a prosecution for the violation of the provisions of this act. 
 
 Sec. 42. [Boundaries of precincts.] The boundaries of all 
 election precincts and the location of all places of registration, or re- 
 vision of registration shall be publicly advertised in at least one news- 
 paper published and of general circulation in said city in the last issue 
 of the paper selected preceding the first day of any general resristration, 
 or revision of registration, and one notice in the last issue of the paper 
 so selected prior to each day of registration, or revision of registration, 
 and on such day or days only. All advertising provided for in this sec- 
 tion shall be done in one newspaper only published in the city, to be 
 designated by the city council; and all matters advertised shall be 
 |)repared and furnished the journals in which it is to be inserted free 
 from unnecessary verbiage or repetition; Provided, The boundaries of 
 all election precincts, and the location of all places of registration, or 
 revision of registration shall be publicly advertised in at least two 
 newspapers publislied and of general circulation in said city, in the last 
 issue of each of the papers selected preceding the first day of any gen- 
 oral registration, or revision of registration, and one notice in the last 
 issue of each of the papers so selected prior to each day of registration 
 or revision of registration, and on such days only. 
 
ELECTION LAWS OF NEBRASKA. 
 
 105 
 
 Sec. 43. [Costs and expenses, how paid.] The legal compen- 
 sation of all supervisors of registration, the costs and expenses of all 
 necessary notices, posters, maps, advertisempnts, registers and boohs, 
 blanhs and stationery, the rent and cost of fitting up, warming, lighting, 
 cleaning and safe keeping of all places of registration, or revision of 
 registration, and of all supplies of all kinds and nature for all registra- 
 tion in such city shall be a charge, and shall, upon proper certificates 
 and vouchers, be paid out of the general fund of such city, in the same 
 manner as by law provided for the payment of other city expenses out 
 of such fund. 
 
 ARTICLE IL — CITIES 7,000 — 25,000. 
 
 Section 1. (Registration books). It shall be the duty of the 
 mayor and council of any city of the first class or any city of the second 
 class, having not more than seven thousand (7000) and less than 25.000 
 inhabitants, which shall include all portions of the voting precinct in 
 which said city is situated, to cause to be prepared books for the regis- 
 tration of names and facts required by this act. Said books shall be 
 known by the general name of ''Registers" and to be so ruled in 
 parallel columns and arranged as to admit of the entering, opposite the 
 name of each voter, of the street and number or other designation of 
 place of residence of each voter, the name of each voter who shall apply 
 for registration and the facts as required by this chapter. Such register 
 or registers shall be so divided as to permit the names of the voters of 
 each voting district to be registered by themselves, and the part of such 
 register set apart for each voting district shall be of sufficient size to ad- 
 mit of the registration of eight hundred (800) names, and so prepared 
 that it may be used at each registration of voters, in any city governed 
 by this act, for the period of one year, and at each revision of registra- 
 tion, had immediately prior to the General Election held in November of 
 each year as hereinafter provided, new resrister or registers shall be 
 prepared and the names of all voters on said registers not having been 
 erased or dropped from said registers as hereinafter provided, sJiall he 
 carried forward in said new register by the clerk of said board. Said 
 registers shall, as near as may be, on the inside, be in the following 
 form, viz: 
 
 
 
 
 
 
 Terra of 
 Residence 
 
 
 m 
 
 
 
 
 (D 
 
 ^ 
 
 
 
 
 
 o 
 
 
 03 
 
 s 
 
 S 
 
 o 
 
 
 c 
 
 o 
 
 
 13 
 
 tsi 
 
 3 
 
 0) 
 
 S 
 
 3 
 
 2 
 
 tn 
 
 o 
 
 d 
 
 CO 
 
 s 
 
 H 
 •♦-1 
 o 
 
 S 
 
 73 
 © 
 to 
 
 a 
 
 d 
 
 >> 
 
 '6 
 
 bo 
 
 c 
 o 
 
 to 
 
 -a 
 
 a 
 
 e 
 
 cd 
 
 o 
 c 
 a; 
 
 
 
 
 i 
 < 
 
 <D 
 
 
 * 
 
 
 o 
 
 u 
 
 o 
 
 
 a 
 
 o 
 
 n 
 
 <a 
 
 [^ 
 
 a 
 
 ^ 
 
 o 
 
 J3 
 
 a> 
 
 c^ 
 
 K 
 
 2 
 
 en 
 
 ^ 
 
 O 
 
 0. 
 
 U 
 
 CQ 
 
 'A 
 
 « 
 
 O 
 
 o- 
 
 Q 
 
 ^ 
 
 « 
 
 > 
 
 O 
 
 K 
 
 (2 
 
 Sec. 2. (Supervisors of Registration— Appointment). At the 
 first Eegular meeting of the city council in the month of August, 1903, in 
 all cities governed hj this act, said council shall elect one member of 
 the Board of Registration of said city for the term of one year and one 
 member for the term of two years, and annually thereafter, at the first 
 
106 ELECTION LAWS OF NEBRASKA. 
 
 regular meeting of said city council in the month of August, one mem- 
 ber shall be elected for a term of two years; Which term shall com- 
 mence on the first day of September follovv'ing such election. The two 
 Supervisors of Eegistration so elected, with the city clerk of said city, 
 who shall be ex-officio a member of said board, shall be and constitute 
 the Board of Registration for said city. Said Supervisors of Registra- 
 tion so elected shall belong to opposite political parties and one shall 
 be selected from the party polling the largest vote in said city at the 
 next preceding General Election and one from the party polling the 
 next largest vote: Provided, however: that in case any two parties unite 
 or combine their vote at said election, then and in that case, they shall 
 be considered as one political party and shall have but one member 
 of said board. Said Supervisors of Eegistration shall be Citizens of 
 the United States and of the State of Nebraska, and reside in and be 
 electors of said city, and shall be persons who are not candidates for 
 any office to be filled at the election for which said registration is being 
 had. The City Clerk shall issue and deliver to each of said Super- 
 visors of Registration, so elected, a Certificate of Election and before 
 entering upon the duties of their office said Supervisors of Registration 
 shall each take and subscribe to an Oath or Affirmation th/it "they will 
 support the Constitution of the United States, the Constitution of the 
 State of Nebraska, and will faithfully and impartially perform the 
 duties of the office of Supervisors of Registration according to law and 
 to the best of their ability." Said Supervisors shall organize by the 
 selection of one of their number as chairman and the city clerk shall be 
 clerk of said board. 
 
 Sec. 3. (Vacancy). Whenever from any cause, there shall 
 exist a vac^incy in the office of supervisor of registration, the same shall 
 be filled by Election by the city council as provided in the preceding sec- 
 tion and the person so appointed shall serve to the end of the tenu. 
 
 Sec. 4. (Salaries and Expenses) The Supervisors of Regis- 
 tration appointed in pursuance of the provisions of this act shall 
 receive for their services the sum of three ($3.) dollars per day for each 
 day's service at any registration or revision of registration, but shall 
 not receive pay for more than five (5) days service at any one registra- 
 tion or revision of registration; which compensation shall be allowed 
 and paid upon the certificate of the city clerk as to time of service; but 
 no payment shall be made to any person as a Supervisor of Registration 
 as aforesaid, who has not taken and subscribed the oath or affirmation 
 herein required and who has not during the period of his service, fully 
 complied with all the requirements of the law in any wise relating to his 
 duties. The legal compensation of all Supervisors of Registration, the 
 'costs and expenses of all necessary notices, posters, maps, advertise- 
 ments, registers, books, blanks, stationery and all supplies of any kind, 
 necessary for the performance of their duties, shall, upon proper cer- 
 tificates and vouchers, be paid out of the General Fund of said city in 
 the same manner as by law provided for the payment of other ex]ienses 
 of said city. Said Supervisors shall, during the time they hold said 
 office, be exempt from the performance of jury duty. No extra pay 
 or compensation shall be allowed the city clerk for his services as 
 
ELECTION LAWS OF NEBRASKA. 107 
 
 Supervisor of Registration or as clerk of said board as herein pro- 
 vided or for any services herein required to he performed by him. 
 
 Sec. 5. (Supervisors — Examination — Failure to Servo). 
 Each and every person elected, by the city council of any city governed 
 by this act, Supervisor of Registration, sliail, within five days after 
 receiving notice thereof from the city clerk, appear before the mayor 
 of said city for examination; and if found to possess the qualifications 
 required by this act, shall, unless excused by the mayor by reason of 
 sickness or some other good and sufficient cause, be bound to serve as 
 Supervisor of Registration for the term of tvo ye^rs from the first day 
 of September next following his election: Provided, however: That one 
 of the persons appointed in the month of August, 1903, shall serve for 
 only one year; and provided further; That any person elected to fill a 
 vacancy, during the term for which a Supervisor of Registration has 
 been previously elected, shall only serve during the remainder of the 
 unexpired term. Any one who has been elected Supervisor of Registra- 
 tion, as provided in this act, who shall wilfully neglect or refuse to 
 act as such Supervisor of Registration, or to comply with all the re- 
 quirements of this act, unless excused by the mayor as aforesaid, shall 
 be taken and deemed to be guilty of a misdemeanor and upon conviction 
 thereof shall be fined in any sum not less than ten ($10) dollars and not 
 more than one hundred ($100) dollars, in the discretion of the court, 
 and shall stand committed until such fine and costs are paid or he is 
 otherwise discharged according to law. 
 
 Sec. 6. (Supervisors — Powers). The said Supervisors of 
 Registration in any city governed by this act, shall, while discharging 
 any of the duties imposed uDon them by this chapter, have full power 
 and authority to preserve order and to enforce obedience to their lawful 
 commands at and around the place of any Registration during the time 
 of, said Registration; To keep access to said place of Registration open 
 and unobstructed and to suppress any and all disorderlv conduct that 
 may disturb said board or any person registering or seeking to register. 
 
 Sec. 7. (Time of Registration). In each city governed by this 
 Chapter, preceding the General Election to be held in the month of 
 November, 1903, a general Registration of all voters of said cities shall 
 be held and thereafter only a Revision of Registration slip 11 be had 
 previous to each election. Said Registration or Revision of Registra- 
 tion shall be had at the office of the city clerk and shall commence on 
 the first Monday of the Calendar month next preceding the month in 
 which each and every election is held, except school district elections, 
 and shall end on the Saturday next preceding said election. Provided, 
 however: That on the day of each and every election and during all 
 the time that the polls of said election are open, said Board of Registra- 
 tion shall be in session. 
 
 Sec. 8. (Registration). One the first day of said General Reg- 
 istration and on the first day of any Revision of Registration next after 
 the election of any member of said board by the city council as herein- 
 before provided, said board shall meet at the office of the city clerk and 
 organize by the selection of one of their number as chairman and during 
 the time of said registration or revision of registration as provided for 
 
108 ELECTION LAWS OF NEBKASKA. 
 
 in the preceding section, the office of the city clerk shall be open each 
 day hotween the hours of 9 A. M. and 12 M. and between the hours of 
 2 and 5 P. M. and on each Saturday during said registration or revision 
 of registration, between the hours of 7 and 9 P. M. also, for the registra- 
 tion of voters, and it shall be the duty of said clerk of said Board to 
 be present during said time and to register any person applying for 
 registration. When any person shall apply for registration it shall be 
 the duty of said clerk to administer to said applicant the following oath 
 or affirmation, viz: **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." Provided, however; That on the absence of the clerk, said 
 oath or affirmation may be administered by one of the other members 
 of said board. The applicant shall then be examined as to his quali- 
 fications as an elector and in his presence his* answers to the questions 
 propounded to him shall be written down in the register provided for 
 that purpose in the manner following, viz: First— Under the column 
 ''residence" shall be written the name and number of the Street, Ave- 
 nue or other location of the dwell iu'x, if there be a number-; but if there 
 be no number, then such clear and definite description of the location of 
 such dwelling as shall enable it to be readily found; and if there be 
 more than one family residing in the dwelling named, by the applicant, 
 in such case the applicant sliall give the floor on which he resides (every 
 floor below the level of the ground being desiu'uated as the basement 
 and each floor above that as the second or such other floor as it may 
 be), or the number or location of the rooms occupied by the applicant 
 and whether rear or front rooms. Second— Under the column ''Name" 
 the name of the aiiplicant, giving the surname and Christian name in 
 full. Third— Urder the column "Sworn" the word "Yes" or "No" 
 as the case may be. Fourth— Under the column "Nativity" the state, 
 countv, kingdom, empire, or dominion, where the applicant was born. 
 Fifth-Under the column "Color" the word "White" or "Black" or 
 other color as the case may be. Sixth— Under the subdivisions of the 
 general column of "Term of Residence", the periods by days, months 
 or years, which he has resided in the precinct. County, or State, respect- 
 ively, as stated by the applicant. Seventh— Under the column "Nat- 
 uralized", the word "Yes" or "No" or "Native" as the fact may be 
 stated: Provided, however: That in case the applicant has not been 
 naturalized but has made "Declaration of his intentions to become a 
 citizen of the United States", the words "First Papers" shall be writ- 
 ten under said column. Ninth— Under the column "Court" the name 
 or designation of the Court in which such naturalization was had or 
 such declaration of intentions was made, as the same shall appear by 
 the evidence presented or submitted by the applicant in compliance 
 with the requirements of this act. Tenth— Under the column "Qualified 
 Voter", the word "Yes" or "No" as the fact shall appear, and any 
 person shall be designated as "qualified" who will be qualified on the 
 day of the election for which registration is being had, though for non- 
 age or lack of time of residence he is not qualified at time of register- 
 
ELECTION LAWS OF NEBRASKA. 10.) 
 
 ing. Eleventh— Under the column "Date of Registration", the day, 
 month and year when the applicant presented himself for registration. 
 On the last three days of said general registration and on the last day 
 of any revision of registration and on each and every day of any Elec- 
 tion, except school district elections, said Board of Eegistration shall 
 be in session in the clerk 's office, and any person feeling aggrieved at the 
 action of said clerk in registering him as "Not a Qualified Voter", may 
 appeal to the full board, from the action of said clerk, and said board 
 shall hear such evidence as to the qualifications of the applicant as may 
 be produced and the Board shall then decide whether said applicant 
 is a qualified voter or not. Provided, however; That no registration 
 shall be required to entitle any person to vote at School District Elec- 
 tions or Elections held for School purposes in any such city. 
 
 Sec. 9. (Books and Blanks). It shall be the duty of the city 
 clerk of any city governed by this chapter, under the direction of the 
 mayor and council of said city, to prepare and furnish all necessary 
 registers, books, maps, certificates, and other blanks, and all neces- 
 sary supplies for the use of said registration board: All of which 
 shall be kept in the office of the city clerk, except as herein provided. 
 
 Sec. 10. (Posting— List of Voters) . It shall be the duty of the- 
 clerk of the Board of Registration, provided for in tliis chapter, to pre- 
 pare and post up in a conspicuous place in his office, on the secoBdi 
 Monday of any Registration or Revision of Registration, the names of 
 all persons who then appear on the said registration Books as qualified 
 voters, adding to said lists on each succeeding Monday the names of 
 such as have registered during the preceding week. Said lists shall 
 remain so posted up in the office of the clerk of said board until the 
 close of the polls of the election for which said registration or revision 
 of registration is being had. It shall be the duty of said clerk, after 
 the closing of the registration on the Saturday next preceding any 
 election, to prepare a certified list of the qualified voters of each election 
 district in said city, as the same appear on the registration books in his 
 office, and to deliver the same, or cause the same to be delivered, to the 
 judges of election of each district at or before the time of the opening of 
 the polls of said election. The names of voters on said lists shall be 
 arranged, as far as may be, alphabetically, or by streets or groups, so 
 as to be easily found thereon. Said lists shall also contain the street 
 and number, or other designation of the place of residence of the voter, 
 and the color of the voter, as such facts appear on the original regis- 
 tration books in his office: A blank column shall be left with a heading 
 at the top "Voted", to be filled up by the judges of election as herein- 
 after provided. 
 
 Sec. 11. (Election— Use of Registers). The judges of election 
 in each election district shall, on the day of any election, have witli 
 them at the polling place in said district a list of the qualified voters 
 of Said district as provided in Section 17 hereof. They shall use said 
 list for their guidance on said day and no vote shall be received from 
 any person unless the name of the person offering to vote be found on 
 said list, except that the person offering to vote, whose name is not on 
 said list, shall present to said judges his affidavit, subscribed and sworn 
 
110 ELECTION LAWS OF NEBRASKA. 
 
 to before a member of the board of registration, giving his reasons for 
 not appearing before the board of registration on any day of regis- 
 tration, or revision of registration, and shall also set forth in said 
 affidavit his place of residence and the facts necessary to show that 
 he is a qualified voter in said precinct, and shall prove before said 
 judges by the affidavit or oath of at least two freeholders, residents of 
 said precinct in which he offers his vote, for at least one year immedi- 
 ately preeedink said election, that they know such person to be an 
 inhabitant and qualified voter of said precinct; and upon filing said 
 affidavit and making the proof herein required, the said person shall 
 be entitled to vote; and one of said judges of election shall write the 
 name of such voter in said list of voters and preserve said affidavit and 
 return the same to the city clerk with said list. It is hereby made the 
 duty of the board of registi-ation of any such city, on request to take 
 and certify the affidavits herein required, without fee or reward. One 
 of the judges of election, in each election district, shall announce in a 
 loud, clear and distinct voice, the name of any person offering to vote 
 and before any ballot shall be deposited in the ballot box one of said 
 judges of election shall examine said list and if the name of the person 
 offering to vote is found thereon, his vote shall be received and de- 
 l)osited in the ballot box and said judge of election shall write on said 
 list, opposite the name of said person, and in the column headed, 
 "Voted" the word "Yes." And no ballot shall be received by any 
 of said judges and deposited in any ballot box, at any election, 
 unless the name of the person offering to vote shall be found on 
 said list or such person shall file with said judges his affidavit 
 made before a member of the board of registration showing such 
 person to be a qualified voter. It shall be the duty of one 
 of said judges of election to enter on said list, in a suitable 
 and separate part thereof, the name and residence of each person 
 voting who presents his affidavit made before a member of the board of 
 registration as hereinbefore provided for. It shall be the duty of said 
 judges of election, immediately upon the polls being closed, and before 
 proceeding to canvass the vote, to write opposite the name of each 
 person on said list who has failed to vote at said election, and in the 
 column designated at the head thereof "Voted", the word "Xo". And 
 the number of persons voting at said election, as sliown by said list, shall 
 be compared with the number of ballots cast and with the poll books 
 of said election and the same shall be made to agree before said ballots 
 shall be i^nfolded and canvassed. Within 24 hours after the closing of 
 the polla. )f any election, said list shall be returned to the office of the 
 city clerk by one of said judges of election and the same shall be pre- 
 served in his office. After receiving said list of qualified voters from 
 the city clerk as provided herein, said judges of election shall not allow 
 the same to be taken out of their possession until the. same is returned 
 to the city elerk as lierein provided. 
 
 Sec. 12. (Challenges). Any qualified voter of any city gov- 
 erned by this chapter, may, upon the date of any registration or re- 
 vision of registration, Challenge and Contest the right of any person to 
 be registered to vote at said election: And it shall be the duty of the 
 
ELECTION LAWS OF NEBRASIvA. Ill 
 
 clerk of said Board of Registration to notify the person so challenged 
 to appear before said hoard on one of the days -when said hoard is in 
 session as herein provided for, (otlier than the day of any election), 
 at a time named in said notice, and the voter challenging or contest- 
 ing said registration shall be notif ed to appear at the same time: Said 
 notices shall be issued and signed by the clerk of said board and shall 
 he served by the chief of police or any policeman of said city without 
 the payment of any fee therefor: A hearing shall be had upon said 
 challeng6 or contest, before the whole board of registration, and said 
 applicant for registration may be again sworn and examined and wit- 
 nesses may be sworn and examined on the part of said applicant for 
 registration and on behalf of the person contesting or challenging his 
 riglit to register and upon completion of said hearing said Ijoard sliall 
 by a majority vote of the members of said board decide whether said 
 applicant for registration is a qualified voter or not and the status of 
 guch person as a qualified voter or as being disqualified to vote at said 
 election shall be noted on said registration books.. The clerk of said 
 board, by virtue of his office as city clerk and under the seal of the 
 city, is hereby authorized to issue Subpoenas for witnesses on the parr; 
 or behalf of either party, which Subpoenas shall be served by the chief 
 of police or any policeman of said city without the payment of any^ 
 fee therefor. Any person who shall wilfully fail, refuse or neglect tO' 
 appear as commanded in said writ, and any person who shall appear 
 before said board and s'nill wilfully fail, or refuse to testify, having 
 been tendered the same fees as a witness as provided for witnesses in 
 the Police court of said city, she'll be taken and deemed to be guilty of 
 a misdemeanor and unon conviction thereof shall be fined in any sum 
 not less than one ($1) and not more than ten ($10) dollars, in the 
 discretion of the court, and shall stand committed until such fine and 
 costs are paid, or he is. otherwise discharged according to law. 
 
 Sec. 13. (Change— Removal— Death). Any person who has 
 registered as a qualified voter for any voting district in any city gov- 
 erned by this act, who shall, at least ten days prior to the day of the 
 election ne'xt ensuing, change his place of residence from said voting 
 district to another voting district in said city, or who may desire to 
 register anew his party affiliation, may apply to the clerk of said bonrd, 
 on any day when the registiifttion books are open for the registration 
 of voters as herein provided, and register anew, in the district of his 
 residence, and the said clerk shall strike his name from tlie registration 
 books as previously registered, noting opposite said name the cause 
 of said erasure, provided, however: that when any person shall have 
 moved only from one place to another in the same voting district, it 
 shall only be necessary to report the same to the clerk of said Regis- 
 tration Board, who shall, in the presence of said voters, change the 
 place of residence as it appears on said registration books to "corre- 
 spond with the new place of residence as stated by the voter. And when 
 it shall come to the knowledge of the said board or the clerk thereof, 
 that any person whose name appears on said registration books as a 
 qualified voter has removed from said city or is dead or, for any cause, 
 has ceased to be a qualified voter in the district where he is registered, 
 
112 ELECTION LAWS OF NEBRASIvA. 
 
 his name shall be stricken from said registration books and a notation 
 shall be made of the cause of said erasure and how the facts became 
 known to said board, and in case the person is still a resident of the 
 same city, but of another voting district thereof, if such fact is known 
 to said board, a notice by Postal card shall be sent to him notifying him 
 of such erasure and the cause thereof. The names of all persons appear- 
 ing on said registration books as qualified voters, not having been 
 erased as above provided, shall be continued on said registration books 
 at each succeeding revision thereof. It shall be the duty of said Board 
 to use all proper care, to the end that only the names of qualified 
 voters shall be carried forward or be allowed to remain on said regis- 
 tration books as qualified voters at each succeeding revision of registra- 
 tion of the voters of said city. 
 
 Sec. 14. (Rights of Political Parties). At any registration or 
 revision of registration, in any city governed by this act, each political 
 party shall have the right to designate a challenger who shall be as- 
 signed such position as shall enable him to see each person as he offers 
 to register and who shall be protected in the discharge of his duties 
 by the supervisors and the police officers of the city. Each political 
 party may remove any challenger appointed by it, and any vacancies 
 which arise from any cause, shall be filled by the same party, power or 
 authority that made the original appointment. 
 
 Sec. 15. (Records open to inspection). All data, statistics 
 registers and records of every kind and nature, which, under this act, 
 or under any laws of this state, or any ordinance, order, resolution 
 or direction of the mayor and council of any such city are or may be 
 required to be made, ascertained or kept, by or returned to, or filed with, 
 the city clerk, shall, at all times, during offices hours, be open to in- 
 spection, examination, comparison, and copying, by any voter of said 
 city, free of charge. 
 
 Sec. 16. (Special Election). If at any time a special election 
 shall be held in any city governed by the provisions of this act, or in 
 any portion of any such city, the same revision of registration shall 
 be had and made for any such special election, and in the same manner 
 as if the said election was a municipal election, for and throughout said 
 city, and each and every of the provisions of this act, not inconsistent 
 tvith the terms of this section, shall apply with as full force and effect 
 to any such revisions of registration therefor as if the same was for a 
 municipal election in, for and throughout said city. 
 
 Sec. 17. (Precinct). The term *' Precinct" as used in tliis 
 act, shall be construed to mean and include any precinct, ward, or other 
 division, of territory in any city governed by this act, created and 
 designated, by ordinance, for election purposes. 
 
 Sec. 18. (False Registration). If at any registration of vot- 
 ers, or at any meeting of the supervisors of registration, held for such 
 purposes, or for a revision thereof, as provided in this act, any person 
 shall falsely personate an elector or other person, and shall register or 
 attempt or offer to register in the name of sucli elector or other person; 
 or if any person shall knowingly or fraudulently register, or offer, or 
 attempt or make application to register, in 'or und^jr the name of any 
 
ELECTION LAWS OF NEBRASKA. 113 
 
 other person, or in or under any false, assumed or fictitious name, or in 
 or under any name not his own; or shall knowingly or fraudulently 
 register in two election districts; or, having registered in one district, 
 shall fraudulently attempt or offer to register at any election district 
 not having a lawful right to register therein; or shall knowingly or 
 wilfully do any unlawful act to secure registration for himself or for 
 any other person; or shall, knowingly, wilfully or fraudulently, by 
 false personation or otherwise, or by any unlawful means, cause or 
 procure or attempt to cause or procure, the name of any qualified voter' 
 in any election precinct to be erased or stricken from any register of 
 voters, of such precinct, made in pursuance of this act, or otherwise 
 than in this act provided; or by force, threat, menace, intimidation, 
 bribery, reward, or offer or promise thereof, or by any other unlawful 
 means prevent, hinder or delay any person having a lawful right to 
 register or to be registered, from duly exercising such right; or who 
 shall knowingly, wilfully, or fraudulently, compel or induce or attem>pt 
 or offer to compel or induce, by such means or any unlawful means, 
 any supervisor of registration to register any person, not lawfully 
 entitled to registration in such precinct, or to register any false, as- 
 sumed, or fictitious name, or any name of any person, except as pro- 
 vided in this act; or shall knowingly, wilfully or fraudulently interfere 
 with, hinder or delay, any supervisor, of registration or other officer 
 of registration in the discharge of his duties, or counsel, advise, or 
 induce, or attempt to induce any such supervisor or other officer, to 
 refuse or neglect to comply with or to perform his duties, or to violate 
 any law prescribing or regulating the same, or shall aid, counsel, pro- 
 cure or advise any voter, person, supei*visor, or other officer of regis- 
 tration, to do any act forbidden by this act, or in this act constituted 
 an offense, or to omit to do any act directed to be done, every such 
 person shall, upon conviction thereof, be adjudged guilty of a felony, 
 and shall be punished by imprisonment in the states prison not less than 
 one nor more than five years. 
 
 Sec. 19. (Supervisor— Neglect of duty) K any supervisor of 
 registration shall be guilty of any wilful neglect of duty, under this 
 act, or of any corrupt or fraudulent conduct, or practice, in the execu- 
 tion of the same, he shall, on conviction thereof, be punished by 
 imprisonment in the county jail for not less than ten days nor more 
 than sixty days, or by fine of not less than one hundred ($100.00) dol- 
 lars and not more than two hundred ($200.00) dollars. 
 
 Sec. 20. (Destroying— Or Stealing Records). Every Super- 
 visor of registration, clerk, or other officer, having the custody of any 
 records, registers or copies thereof, oaths, certificates, or any paper or 
 document or evidence of any description in this act directed to be made, 
 filed or preserved, who is guilty of stealing, wilfully destroying, mutilat- 
 ing, defacing, falsifying, or fraudulently removing or secreting the whole 
 or any part thereof, or who shall fraudulently make any entry, erasure, 
 or alteration therein, except as allowed and directed by the provisions 
 of this act, or who permits any other person so to do, and every person, 
 not an officer, such as mentioned in this section, who is guilty of any 
 of the acts specified in this section, or who advises, procures or abets. 
 
114 ELECTION LAWS OF NEBRASKA. 
 
 the commission of the same, or any of them, shall, upon conviction 
 thereof, be adjudged guilty of a misdemeanor, and shall be punished for 
 each and every offense by imprisonment in the county jail for not less 
 than ten days and not more than sixty days, and in case the offender 
 is an officer as above set forth he shall in addition thereto forfeit his 
 said office. 
 
 Sec. 21. (False Swearing). Any person who shall be guilty 
 of wilful or corrupt false swearing or affirming in taking an oath or 
 affirmation prescribed by or upon any examination provided for in this 
 act, or upon being challenged as unqualified upon offering to register, 
 shall be guilty of wilful and corrupt perjury, and upon conviction 
 thereof, shall be punished by imprisonment in the penitentiary for uot 
 less than one year and not more than ten years, in the discretion of the 
 court. 
 
 Sec. 22. (Subornation of Perjury). Every person who shall 
 wilfully and corruptly instigate, advise, induce, or procure any person 
 to swear or affirm falsely, as set forth in the preceding section hereof, 
 or who shall attempt or offer so to do, shall be guilty of Subornation of 
 perjury, and shall, upon a conviction thereof be punished by imprison- 
 ment in the penitentiary for not less than one year and not more than 
 ten years in the discretion of the court. 
 
 Sec. 23. (Hindering Registration). If at any general regis- 
 tration of voters or of any revision of registration of voters, any person 
 shall cause any breach of the peace, or use any disorderly violence, 
 whereby am^ such registration or revision of re-ristration shall be im- 
 peded or hindered, or whereby the lawful proceedings of any supervisor 
 of registration or challenger are interfered with, every such person 
 shall, upon conviction thereof, be adjudged guilty of a misdemeanor, 
 and shall be punished by imprisonment in the county jail not less than 
 ten days and not more than six months or by a fine of not less than fifty 
 dollars nor more than five hundred dollars, in the discretion of the 
 court. 
 
 Sec. 24. (Same). If any person shall wilfully or knowingly 
 obstruct, hinder, or by bribery, solicitation or otherwise, interfere with 
 any supervisor of registration or other person designated as provided 
 in this act to be present at any registration, in the performance of any 
 duty required of him, or which he may by law be authorized and 
 permitted to perform; or if any person by any of the means before 
 mentioned or otherwise, shall unlawfully, on the day of registration 
 or revision of registration, hinder or prevent any supervisor of re<;"is- 
 tration, or any person desip'nated as provided in this act to be present at 
 such registration, in his free attendance and presence at the place of 
 registration in and for which he is appointed or designated to s^r\''e, 
 or in his full and free access and egress to and from such place of 
 registration or revision of registration, or to and from any room in 
 which any such registration or revision of registration may be had, or 
 shall unlawfully molest, interfere with, remove, or eject from any such 
 ])lace of registration or revision of registration any such supervisor 
 of registration or person designated, as provided in this act, or shall 
 unlawfully threaten or attempt or offer so to do, every such person shall 
 
ELECTION LAWS OF NEBRASIvA. 115 
 
 be guilty of a misdemeanor and on conviction thereof shall be punished 
 by imprisonment in the county jail not less than thirty days and not 
 more than six months, or shall be fined in any sum not less than two 
 hundred ($200.00) dollars and not more than one thousand ($1000.00) 
 dollars, and shall stand committed until such fine and costs are paid. 
 
 Sec. 25. (Irregularities). Irregularities or defects in the 
 manner or mode of noticing, convening, holding or conducting any regis- 
 tration or revision of registration, authorized by law, shall constitute 
 no defense in a prosecution for the violation of the provisions of this 
 act. 
 
 AMENDMENTS TO THE CONSTITUTION. 
 
 (Compiled Statutes, 1905, Chapter 3.) 
 
 Section 1. [Amendments — Proposal — Submission.] That 
 amendments to the constitution may be proposed by joint n^solution in 
 either house of the legislature of this state, and if the same shall be 
 voted for by three-fifths of all the members elected to each of the two 
 houses in the manner provided by section one (1) of article fifteen of 
 the constitution, the amendment or amendments proposed shall be sub- 
 mitted to the electors of this state for adoption or rejection in the man- 
 ner hereinafter provided. [1887, § 1, 114.] 
 
 Sec. 2. [Same— Publication.] Such amendment, or amend- 
 ments, shall be published in full by the secretary of state in one news- 
 paper to be designated by him in every county in this state in which a 
 newspaper is published, for at least three months before the next elec- 
 tion of members of the legislature ensuing the passage of said proposed 
 amendment, with notice prefixed thereto that at said election said pro- 
 posed amendment or amendments will be submitted to the electors of 
 this state for adoption or rejection. [Amended 1895, chap. 3.] 
 
 Sec. 3. [Ballots.] At such election on the ballot of each elector 
 voting for the proposed amendment or amendments to the constitution 
 shall be written or printed the words: "For proposed amendment to 
 the constitution," and ** Against said proposed amendment to the con- 
 stitution." 
 
 Sec. 4. [Election— Returns— Canvass.] Public notice that the 
 proposed amendment or amendments are to be voted upon shall be given 
 as provided in the Constitution. The judges and clerks of election shall 
 make return to the County Clerk of their respective counties of the fol- 
 lowing facts: First, the number of electors voting at such general elec- 
 tion at which such amendments were voted upon; Second, the number of 
 electors who voted for said amendment or amendments; Third, the num- 
 ber of electors who voted against said amendment or amendments; 
 Fourth, the number of electors voting at such election who voted for 
 senators; Fifth, the number of electors voting at such election who voted 
 for representatives; Sixth, the number of electors voting at such elec- 
 tion who voted for both senators and representatives. The several 
 county clerks in the different counties shall make return to the board 
 of state canvassers, provijled for in section 53 of chapter 26 of the Com- 
 
113 ELECTION LA^YS OF NEBRASIvA. 
 
 piled statutes of 1895, in the same manner and within the same time 
 til at they are required to make return of votes cast for officers men- 
 tioned in said last named section, and all such returns shall be directed 
 to tlie Secretary of State and transmitted to him in a separate envelope 
 from the one containing the abstract and return of votes cast for the 
 oTlicers named in said section. The returns from the election officers 
 Siiall be canvassed by the county canvassing board which canvasses the 
 other election returns in the county. The said canvassing board of 
 the county shall foot up from the returns made by the judges and clerks 
 of election, the number of electors voting at the election, the number of 
 electors voting at said election for the amendment or amendments, the 
 number of electors who voted against the amendment or amendments, 
 the number of electors voting at said election who voted for senators, 
 the number of electors voting at said election who voted for representa- 
 tives, the number of electors voting at such election who voted for both 
 senators and representatives and shall enter their findings in the book 
 wherein the canvass of other election returns is made, and from the 
 findings so made the clerk shall make the returns to the state board of 
 canvassers as hereinbefore provided. [Amended, 1895, chap. 4; 1897, 
 chap. 5.] 
 
 Sec. 5. [Adoption— Proclamation.] If a majority of the votes 
 cast at the election herein provided for, be for the proposed amend- 
 ments, the governor, within ten days after the result is ascertnined. 
 shall make proclamation, declaring the amendments to be part of the 
 constitution of the state. 
 
 Sec. 6. [Enrollment— Preservation.] Wlienever any amend- 
 ments to the constitution shall have been proposed to, and adopted by 
 the electors of this state, as by this act provided, the same shall be 
 enrolled and numbered in the order of time in which they may be 
 adopted, and preserved by the secretary of state among the public 
 records of his office. 
 
 Sec. 7. [Two or more amendments— Ballots.] Whenever at a 
 session of the legislature more than one amendment to the constitution 
 or proposition is submitted to a vote of the people it shall be the duty 
 of the secretary of state to provide the ballots containing such proposi- 
 tions or proposed amendments in the form in which they are to be sub- 
 mitted to a vote of the people. [Laws, 1895, chap. 5, § 1.] 
 
 Sec. 8. [Ballots, how printed.] Said ballots shall be printed, 
 both ''official" and "sample" ballots in conformity with Section 139, 
 Chapter 26, Compiled Statutes. [Id., § 2.] 
 
 Sec. 9. [Ballots furnished counties.] The ballots printed in 
 conformity with this act shall l)e furnished the county clerks of the sev- 
 eral counties of this state at least twenty days before the election at 
 which said proposition or amendments are to be voted upon. They 
 shall be furnished the various counties to the number now required by 
 Section 140, Chapter 26, Compiled Statutes in the case of ballots con- 
 taining names of candidates to be voted for at said election. [Id., § 3.] 
 
 Sec. 10. [Ballots— Distribution to voter— Spoiled, etc.] It is 
 hereby made the duty of the county clerk to distribute said ballots at 
 
ELECTION LAWS OF NEBRASKA. 117 
 
 the time and in the manner now provided by law in case of ballots 
 containing names of candidates. The official ballots provided for in 
 section 2 of this act shall be endorsed by the election officers, delivered 
 to qualified voters and deposited in the ballot box in the same manner 
 as now provided by law in the case of ballots containing names of 
 candidates. And it is hereby made the duty of election officers to see 
 tliat each qualified voter, when he receives his official ballot containing 
 the names of candidates also receives one of the official ballots provided 
 for in this act. The law now in force relating to spoiled and unused 
 ballots shall apply to ballots furnished in conformity with this act. 
 Sample ballots provided for in Section 2 of this act shall be distributed 
 and used as now provided by law in the case of sample ballots contain- 
 ing names of candidates. [Id., § 3a.] 
 
 Sec. 11. [Ballots, how printed.] The various propositions or 
 proposed amendments shall be printed on the ballots provided for by 
 law in such manner as will enable the voter to express by a cross mark 
 (X) in a sufficient margin at the right of such proposition or proposed 
 amendment the answer he wishes to give. [1895, chap. 5, § 4; amended, 
 1897, chap. 5.] 
 
 Sec. 12. [Separate ballot box.] It shall be the duty of the 
 county commissioners of each county to provide a separate ballot box 
 for each voting precinct in which to deposit the ballots provided for 
 in this act. [Id., § 5.] 
 
 Sec. 13. [Poll books— Tally lists.] It is hereby made the duty 
 of the clerk of each county to see that the poll books and tally sheets 
 furnished each voting precinct are suitably printed and ruled so as to 
 enable the election officers to. make returns of the votes cast on the 
 various propositions or amendments submitted, and also so as to enable 
 the election officers to make full and complete returns of the facts here- 
 inabove required of them to be made to the county clerk. [1895, chap. 
 5, § 6; amended, 1897, chap. 5.] 
 
 Sec. 14. [Failure to make returns.] Should the officers of elec- 
 tion of any election precinct refuse or fail to make return of the votes 
 cast for and against any proposition or proposed amendment to the 
 canstitution they shall be deemed guilty of a misdemeanor and be fined 
 in any sum not less than twenty-five dollars and not exceeding one 
 hundred dollars. [Id., § 7.] 
 
118 ELECTION LAWa OF NEBRASKA. 
 
 CITIES OF THE METROPOLITAN CLASS. 
 
 (^Compiled Statutes, 190;'), Chapter I2a.i 
 
 Section 1. [Metropolitan cities.] All cities in the State of 
 Nebraska heretofore incorporated as cities of the metropolitan class 
 and all cities which shall attain a i)opulation of one hnndred thousand 
 aOO,000) inhabitants, or more, shall ];e t>ovenied by the i)rovisions of 
 this act. AVhenever any city shall hereafter attain i\ i)()inilation of one 
 hundred thousand (1()(),()()()) iiilinhitants or more, ;nid such fact shall 
 have been ascertained by any national or state census, and shall he so 
 eertified to the governor by the mayor of such city, it, shall thereupon 
 be the duty of the governor by jmblic proclamation to declare such city 
 to be one of the metropolitan class, and thereupon such city shall be 
 subject to the provisions of this act. 
 
 Sec. 2. [Corporate limits.] The cor])orate limits of such cities 
 may be fixed and determined by ordinance, but shall 1 e and remain as- 
 heretofore until changed or altered in accordance with the provisions 
 of this act or of a general law governing cities and towns. Any city, 
 town or village adjoining any city of the metroi)olitan class may be 
 annexed or merged with such city of the metroi)olitan class, whenever a 
 pro])osition for such merger has been submitted at a general election 
 and a)^proved by a majority of the votes cast on such proposition in 
 each city, town or village. The terms of such pro]iositions shall be fixed 
 by ordinance enacted by the city of the metro])olitan class and by the 
 city, town, or village to be annexed. 
 
 Sec. 3. [Wards— Election precincts.] Each city goveraed by 
 this act shall be divided into wards, the boundaries of which shall be 
 defined by ordinance and shall be equa'l in population as near as may 
 be. Each ward shall be divided into election precincts for the puipose 
 of registration and election. 
 
 Sec. 4. [Wards— Councilmen.] Within sixty (GO) days after 
 the ]:)assage of this act the city council shall divide such city into twelve 
 (12) wards and such election precincts as may be necessary. No further 
 division or change of boundaries shall be made of said wards or election 
 precincts unless ninety days or more prior to any general or city elec- 
 tion. Councilmen from each of said wards shall be elected at the next 
 election of city officers. 
 
 Sec. 5. [Election ordinances.] The mayor and council shall 
 have power to provide for the election of city officers and to prescribe 
 the manner of conducting the same, and the returns thereof, and the 
 registration of voters, and for deciding contested elections in any man- 
 ner not in conflict with the laws of the state or the provisions of this act. 
 Sec. 6. [Officers, election, term.] The first city election in all 
 cities governed by this act shall be held on the first Tuesday in May 
 19()(), and all succeeding general city elections every three years there 
 after. The officers to be elected at such election shall be mayor, city 
 attorney, building inspector, city clerk, com])troller and councilmen. 
 They shall each and ail be elected by a plurality of all votes cast at said 
 election for such officers respectively, and shall, when properly quali- 
 
ELECTION LAWS OF NEBRASKA. 119 
 
 fied, bold their offices for three years from the third Monday succeed- 
 ing their election, and until their successors shall be elected and 
 qualified. Other officers shall be elected at such times and for siirji 
 terms as may be provided by law. 
 
 Sec. 7. [Elections Polls - Canvass - Certificates — Voters' 
 qualifications.] At all ek^ctions authorized l.y this act, the ])olis sliall be 
 opened at such phice in each election district as may be designated by 
 the mayor or as fixed by ordinance, and they shall be kept open between 
 the hours specified by law for general, state and county elections and 
 shall be conducted in accordance with the provisions of such law. The 
 qualification of electors in each ward sliall be the same as is required 
 for electors in precincts under the laws of the state. All election 
 returns shall be canvassed by the coimcil at eight o'clock P. M. on the 
 first Thursday after each city election. The city clerk shall deliver 
 certificates of election to each person found to be elected. 
 
 Sec. 8. [Election-officers' fees.] At all general elections in 
 cities of the metropolitan class the judges and clerks of such election 
 shall each receive for their entire services at such elections the sum of 
 three ($8.00) dollars. At all special elections in any such city the judges 
 and clerks of such election shall each receive for their entire services at 
 such election, the sum of three ($3.00) dollars, the same to be paid by 
 the city, county or board of education submitting the proposition or 
 propositions to be voted upon at such election. 
 
 Sec. 9. [Councilman, freeholder.] The city council shall con- 
 sist of one member from each ward, to be chosen by the qualified electors 
 of the entire city by a plurality of votes. Each councilman must be a 
 freeholder in the city and an actual resident of the ward from which he 
 is chosen. 
 
 CITIES OF THE FIEST CLASS. 
 
 (Compiled Statutes, 1905, Chapter 13. 
 
 article I.— cities between 40,000 and 100,000 inhabitants. 
 
 Sec. 10. Wards.— Each city governed by this act shall be 
 divided into not less than seven wards, the boundaries of which shall 
 be defined by ordinance. Said wards shall be equal in population as 
 near as may be. Each ward shall constitute an election district; Pro- 
 vided, That when any ward sliall contain over five hundred legal voters 
 the mayor and council may by ordinance divide such ward into two or 
 more election districts. Provided further that cities governed by this 
 act shall be divided into wards as herein provided, on or before Janu- 
 ary 1st, 1902. 
 
 Sec. 11. Precinct Lines— Justices— Constables.— Precinct lines 
 in that part of the county not under township organization within the 
 corporate limits of the city governed by this act, shall correspond in 
 number with the ward and be co-extensive therewith; Provided, That 
 when a ward is divided into election districts, the precinct corresponding 
 with such ward shall be divided to correspond with the election district; 
 and Provided, Further, That no justice of the peace or constable shall 
 
120 ELECTION LAWS OF NEBRASKA. 
 
 be elected in such precinct, and the city shall constitute a district for 
 
 • the election of two justices of the peace and two constables, to be elected 
 
 at the time provided for the election of such officers in other districts. 
 
 Sec. 12. Elections, When Held:— Tlio .s^eneral city elections in 
 cities governed by the provisions of this act shall be held on the first 
 Tuesday in April in the year 1905, and on the first Tuesday in May every 
 two years thereafter. Provided, however, that a Special City Election 
 shall be held on tlie first Tuesday in June, 1905, for the purpose of elect- 
 ing seven city aldermen as provided by this act. At all general and 
 special city elections held under the provisions of this act, the polls shall 
 be open in each election district at such places as may be designated by 
 the mayor, or fixed by ordinance, and shall be kept open between the 
 hours of eight o'clock a. m. and seven o'clock p. m. and no longer. Pro- 
 vided, further, that all incumbents in office, including the seven council- 
 men, whose term of office under operation of existing law, expire in the 
 year 1906, shall be privileged to continue in office until the general city 
 election to be held in the year 1907. [Amended 1905, H. R. 228.] 
 
 Sec. 13. Election of Officers: At the general city election to be 
 held in the year 1905, the following named officers shall he elected by a 
 plurality vote of the electors of the city for a tenn of two years, namely: 
 a mayor, city treasurer, city clerk, tax commissioner and two excisemen. 
 At the general city election to be held in the year 1907, and every two 
 years thereafter, there shall be elected by a plurality vote of the electors 
 of the city, the following named officers: a mayor, city treasurer, city 
 clerk, city attorney, city engineer.^ police judge, water commissioner, tax 
 commissioner, and two excisemen, also seven ward councilmen, said 
 seven ward councilmen to be elected one from each of the several wnrds 
 of the city, and nominated by the party electors of their respecti\'e 
 wards, and elected by the electors thereof. At the special city election to 
 be held on the first Tuesday in June, 1905, as provided in section 12 of 
 this Act there shall be elected by a plurality vote of the electors of the 
 city, seven city aldermen, wlio shall hold their offices respectively until 
 the general city election to be held imder the provisions of this xVct in 
 the year 1909. Said seven city aldermen shall be nominated by the party 
 electors of the entire city, and elected at large and after the year 1909 
 said seven city aldermen shall be elected for the term of four years in 
 the manner herein provided. Said seven city aldermen and said seven 
 ward councilmen shall constitute the City Council of cities governed by 
 the provisions of this act. The seven councilmen, present incumbents, 
 whose terms of office are extended under the provisions of this act to the 
 year 1907, shall be regarded as ward councilmen. The ]\Iayor shall be 
 ex-officio president of the said council, and shall preside at the meetings 
 thereof, and shall appoint the standing committees of said council, and 
 in the event of a tie vote shall cast the deciding vote. Provided, how- 
 ever, that the Council shall have the power to elect a president pro tern, 
 who shall preside over the meetings of a council in the absence of the 
 Mayor and who shall exercise the powers of the Mayor on his absence 
 from the city. All officers elected under the provisions of this act shall 
 be privileged to hold their respective offices for the term for which they 
 
ELECTION LAWS OF NEBRASKA. 121 
 
 were elected and until their successors are duly elected and qualified. 
 The term of all officers elected under the provisions of this act shall com- 
 mence on the first Tuesday after their election. [Amended, 1905, H. R. 
 228.] 
 
 Sec. 14. Qualification of Officers.— The elective ofncers of the 
 city shall be residents thereof, and qualified electors therein. Each 
 councilman shall also be a resident freeholder in the ward from which 
 he is elected. 
 
 Sec. 18. Electors— Qualification.— The qualification of electors 
 in the several election districts shall be the same as is required under 
 the laws of the state, and they shall also have resided in the city three 
 months, and in the election district ten days. 
 
 Sec. 19. Canvass of the Vote.— The city council on the first 
 Monday after any city election shall canvass the returns and cause the 
 clerk to make out and deliver certificates of election to persons found 
 to be elected, and the neglect of such officer so found to be elected to 
 qualify within ten days after the delivery to him of such certificate shall 
 be deemed a refusal to accept the office to which he shall have been 
 elected. 
 
 ARTICLE II. — cities BETWEEN 25,000 AND 40,000 INHABITANTS. 
 
 Section 1. [Classification.] That all cities having less th;-* 
 forty thousand (40,000) and more than twenty-five thousand (25,000; 
 inhabitants as ascertained and officially promulgated by the census 
 return and enumeration taken under the authority of the United States 
 or under the authority of the State of Nebraska, shall be governed by 
 the provisions of this act and be known as cities of the first-class having 
 less than forty thousand (40,000) inhabitants. 
 
 Sec. 11. [Wards, extent— Election districts.] Each city gov- 
 erned by this act shall be divided into not less than six wards, as com- 
 pact in form and equal in population as may be, and no ward shall con- 
 tain less than three thousand (3,000) inhabitants, the boundaries of 
 which shall be defined by ordinance. Each ward shall constitute an 
 election district. Provided: That whenever any ward shall contain 
 over five hundred legal voters, the mayor and council may divide such 
 ward into two or more election districts. 
 
 Sec. 12. [Same— Precincts— Justices— Constables.] Precinct 
 lines in that part of any county, not under township organization, em- 
 braced within the corporate limits of any city governed under the pro- 
 visions of this act, shall correspond with the ward lines in such city, 
 and such precinct shall correspond in number with the wards of the 
 city and be co-extensive with the same. Provided : That when a ward is 
 divided into election districts, the precinct corresponding with such 
 ward shall be divided so as to correspond with the election district. 
 And Provided Further, That no justice of the peace or constables shall 
 be elected in such precinct, and every such city shall constitute a dis- 
 trict for the election of justices of the peace and constables, and in every 
 such district there shall be elected two justices of the peace and two 
 constables at the times provided by law for the election of such officers 
 in other districts. 
 
il22 ELECTION LAWS OF NEBRASKA. 
 
 Sec. 13. [Election, when held— Polls—Notice.] The general 
 city election in all cities governed by this act shall be held on the first 
 Tuesday in April annually; the polls shall be open at such place in each 
 election district as may be designated by the mayor, or fixed by ordi- 
 nance, and shall be kept open between the hours of eight o'clock A. M. 
 and seven o'clock P. M. and no longer; and the mayor shall cause a 
 notice of all general and special elections in such cities, specifying the 
 purpose for which such election is held and time and respective voting 
 places thereof, to be published in some newspaper pu))lished and of 
 general circulation in the city, for one time at least, ten days before the 
 time of such election. 
 
 Sec. 14. [Special election— Proclamation.] Whenever the 
 mayor and council shall, b}^ ordinance, declare the necessity of holding 
 a special election for the purpose of submitting the question of issuing 
 bonds to the electors of any city governed by this act; or whenever a 
 vacancy exists in any office required to be filled by a special election, 
 the mayor shall issue his proclamation calling such special election in 
 the manner provided for calling a general election. 
 
 ,Sec. 16. [Officers, election, term.] At the annual election 
 held in April, 1904, there shall be elected a Mayor, Treasurer, Clerk, 
 City Attorney, Tax Commissioner, Police Judge and one Councilman 
 from each Ward by a plurality of the votes for a term of two ye and 
 bi-annually thereafter. Provided, that in any city [which] has ..^reto- 
 fore been organized under the provisions of a priar act relative to 
 cities of the first class having more than twenty-five and less than forty 
 thousand inhabitants all the elective officers of such city shall hold 
 their respective offices until such election in 1904, and Provided, That 
 an election may be held for school purposes whenever there are vacan- 
 cies to fill by reason of the expiration of the term of office of any mem- 
 bers of the board of education. 
 
 Sec. 17. [Councilmen.] The Council of each city governed 
 by this act shall consist of one councilman from each ward, (who shall 
 be qualified electors of said city and resident freeholders), to be chosen 
 bj^ the electors of the whole city by a plurality of votes. Each council- 
 man must be and remain during the term of his office, an actual resident 
 of the ward for which he is chosen. W^henever, by reason of an increase 
 of wards in such city, such wards shall be without representation, it 
 shall be lawful and proper at the next succeeding election to elect' one 
 councilman for each of such wards to fill the said vacancy. 
 
 Sec. 18. [Officers, eligibility— Electors, qualifications.] No 
 person shall be eligible to any elective or appointive office provided for 
 by this act, who is indebted in any manner whatsoever to the State, 
 Count}', School District, or City in which he is a candidate for office; nor 
 shall he be eligible to any elective or appointive office in said city unless 
 he is a qualified voter therein at the time of his election. The qualifica- 
 tions of the electors in the several wards shall be same as is required 
 for electors under the laws of the state. Provided, however, that no 
 pei'son shall be qualified to vote at any municipal election unless he 
 shall have previously resided in said city for sixty days next preceding 
 such municipal election. 
 
ELECTION LAAVS OF NEBRASKA. 
 
 12.7 
 
 Sec. 20. [Officers, terms— Council, president, committees.] 
 The terms of all elective officers shall commence on the Tuesday follow- 
 inp; their election and continue until their successors are elected and 
 qualified. On the first Tuesday following the election the councihnan 
 shall assemble and organize the council by electing by ballot one of 
 their number president, who shall preside, in the absence of tlie mayor, 
 at all meetings of the council; and they shall elect b}^ ballot one of their 
 number president pro tem, whose duty it shall be to preside in the 
 absence of the president and mayor. The president, or president pro 
 tem, when occupying the office of mayor, shall have all the rights and 
 privileges of other members of the council; and the council shall also 
 select the standing committees of the council at the same meeting, and 
 shall, by ordinance, define the duties of said committees. 
 
 ARTICLE III. — CITIES OVER 5,000 AND LESS THAN 25,000 INHABITANTS- 
 
 Sec. 9. Wards. Each city governed by this act shall be di- 
 vided into not less than four wards, as compact in form and equal in 
 population as may be, the boundaries of which shall be defined by ordi- 
 nance. Each ward shall constitute an election district; Provided, That 
 when any ward shall contain over five hundred (500) legal voters, the 
 mayor and council may divide such wards into two or more election 
 districts. 
 
 Sec. 10. Precinct Lines. Precinct lines in any part of any 
 county, not under township organization, embraced within the corpo- 
 rate limits of any city governed by this act, shall correspond with the 
 ward lines of the city, and such precinct shall correspond in number 
 with the ward of the city and be co-extensive with the same; Provided, 
 That when a ward is divided into election districts, the precinct cor- 
 responding with such ward shall be divided so as to correspond with 
 the election districts; And Provided, Further, That no justice of the 
 peace or constable shall be elected in such precinct, and every such city 
 sliall constitute a district for the election of justices of the peace and 
 constables, and in every such district there shall be elected two justices 
 of the peace and two constables at the time provided by law for the 
 election of such officers in other districts. 
 
 Sec. 11. Elections. When Held. The general city election in 
 all cities governed by this act shall be held on the first Tuesday in April 
 annually. The polls shall be opened at such place in each election dis- 
 trict as may be designated by the mayor, or be fixed by ordinance, and 
 shall be kept open between the hours of 9 o'clock A. M. and 7 o'clock 
 P. M. and no longer. 
 
 Sec. 12. [Election of officers— Bond— Term.] At the first an- 
 nual election after such proclamation by the Governor, a Mayor, Treas- 
 urer, Clerk and Police Judge and Water Commissioner in cities owning 
 their own water works, who shall also be sewer inspector, and light, 
 heat and power commissioner, shall be elected by a plurality of votes 
 for the term of two years, and biennially thereafter. The council of 
 each city governed by this -act shall consist of two members for each 
 ward, who shall be qualified electors of said city. Each councilman, 
 
124 ELECTION LAAYS OF NEBRASKA. 
 
 before entering upon the duties of his office, shall be required to give a 
 bond to the city, with two or more good and surficieut sureties, or some 
 responsible surety company; if by two sureties they shall each justify 
 that he is worth at least two thousand dollars over and above all dobts 
 and exemptions; such bond shall be in the sum of one thousand dollars 
 and shall be conditioned for the faithful discharge of duties of the 
 councilman giving the same, and shall be further conditioned tliat if 
 said councilman shall vote for any expenditure or appropriation of 
 money, or the creation of any liability in excess of the amount allowed 
 by law, that such councilman and the sureties signing said bond shall 
 be liable there on. Said bond shall be filed with the City Clerk and ap- 
 proved by the Mayor, and any liability sought to be incurred, or debt 
 created in excess of the amount limited, or authorized by law, shall be 
 taken and held by every court of the state, as the joint and several lia- 
 bility and obligation of the councilmen voting for and the Mayor 
 approving the same, and not the debt, liability or obligation of the city, 
 and voting for or approving of such liability, obligation, or debt shall 
 be conclusive evidence of malfeasance in office, for which such council- 
 man or Mayor may be removed from office. All councilmen shall be 
 residents of the ward from which they may be elected. All council- 
 men's terms of office shall commence the first Tuesday succeeding the 
 day of election, upon wliioh day they shall assemble together and or- 
 ganize the city council, and their term of office shall be for two years. 
 Provided, that the passage of this act shall not affect the terms of office 
 for which any of the city officers above mentioned may have been here- 
 tofore elected; except, in any of said cities, where, at the April election, 
 1902, two councilmen were elected in each ward, that at the first city 
 election held after this act goes into effect, the councilman receiving 
 the highest number of votes in said respective wards, his term of office 
 shall be for two years, and the one in said respective wards receiving 
 the next highest number of votes, his term of office shall be for one 
 year. And at the end of their said respective terms their successors 
 shall be elected for the term of two years and biennially thereafter. 
 Which facts shall be detennined by the board canvassing the vote. 
 [Amended 1903, H. R. 27.] 
 
 Sec. 13. Elector's Qualifications— (Canvass of Election— Cer- 
 tificates.) The qualification of electors in the several wards shall be the 
 same as is required for electors under the laws of the state. At a meet- 
 ing of the council on the -first Monday after any city election the returns 
 shall be canvassed and they shall cause the clerk to make out and deliver 
 certificates of election to the persons found to be elected, and a neglect 
 of any such officer to qualify within ten days after the delivery to him 
 of such certificate shall be deemed a refusal to accept the office to which 
 he may have been elected. 
 
ELECTION LAWS OF NEBRASKA. 125 
 
 CITIES OF THE SECOND CLASS AND VILLAGES. 
 
 (Compiled Statutes, 1905, Chapter 14.) 
 ARTICLE I. — LESS THAN 5,000 INHABITANTS. 
 
 Sec. 2. [Wards.] Each city of the second class shall be di- 
 vided into not less than two nor more than six wards, as may be pro- 
 vided by ordinance of the city council thereof, and each ward shall 
 contain, as nearly as practicable, an equal number of legal voters, and 
 an area as equal to each other as practicable. 
 
 Sec. 3. [Council.] The council of each city of the second class 
 shall consist of not less than four nor more than twelve citizens of said 
 city, who shall be qualified electors and taxpayers under the constitu- 
 tion and laws of the state of Nebraska. 
 
 Sec. 4. [Councilmen.] Each ward in each city shall have at 
 least two councilmen, who shall be chosen by the qualified electors of 
 their respective wards, and who shall serve for two years and until their 
 successors shall be elected and qualified; and no person shall be eligible 
 to the office of councilman who is not at the time of his election an 
 actual resident of the ward for which he is elected, and a qualified 
 elector under the constitution and laws of the state of Nebraska; and 
 if any councilman shall remove from the ward for which he is elected, 
 his ofiSce as a councilman shall thereby become vacated; Provided, At 
 the first general city election under this chapter, there shall be two 
 councilmen elected from each ward; the one receiving the greatest nuni 
 ber of votes shall serve for two years, and the one receiving the next 
 highest number of votes shall serve for one year, and one councilman 
 for each ward at each annual election thereafter. Whenever tliere shall 
 be a tie in the election of councilmen, it shall be determined by lot by 
 judges of election of the ward in which it shall happen. 
 
 Sec. 6. [Officers.] At the time of holding the general city 
 election in each year, there shall be elected a mayor, a clerk, a treasurer, 
 a city engineer, and the councilmen hereinbefore provided for, and a 
 police judge shall be elected at each biennial city election; and the 
 mayor, with the consent of the council, may appoint a city attorney and 
 an overseer of streets, who shall hold their offices for one year unless 
 sooner removed by the mayor with the advice and consent of the council. 
 The mayor, by and with the consent of the council, shall appoint such a 
 number of regular policemen as may be necessary, and may also ap- 
 point special policemen from time to time as exigencies arise. All 
 police officers appointed by the mayor and council, in accordance here- 
 with, shall be removable at any time by the mayor. [Amended and took 
 effect March 2, 1881.] 
 
 Sec. 39d. [Bonds— Election— Petition— Funds.] The mayor 
 and council shall have power to borrow money and pledge the property 
 and credit of the city upon its negotiable bonds or otherwise to an 
 amount not exceeding in the aggregate $50,000.00 dollars for the pur- 
 pose of constructing or aiding in the construction of a system of sewer- 
 age, authority therefor having first been obtained by a majority vote of 
 
126 
 
 ELECTION LAWS OF NEBRASKA. 
 
 the electors of such city at a general or special election held for that 
 purpose, notice of which election shall be given by publication in some 
 newspaper published in said city at least four weeks prior to the date 
 of such election, and a majority of such electors shall have voted in 
 favor of issuing such bonds; Provided, No such election shall be called 
 until a petition signed by at least ten resident freeholders in each ward 
 of said city shall be presented to the mayor and council asking that an 
 election be called for the purpose herein provided. The indebtedness 
 authorized by this act shall be the limit of liability which any city gov- 
 erned thereby shall in any manner contract for tlie purpose aforesaid, 
 and shall include all indebtedness previously contracted for said pur- 
 pose. The funds derived from the issuance and sale of the bonds herein 
 provided for, shall be used only for the purpose of constructing the 
 main sewers provided for in the system of sewerage that may be 
 adopted by the mayor and council under section four of this act. 
 
 VILLAGES. 
 
 Sec. 41. [Board of trustees.] The corporate powers and 
 duties of every village shall be vested in the board of trustees, to consist 
 of five members, two of whom shall be elected to serve one year, three 
 of whom shall be elected to serve two years, said election to take place 
 at the first annual election after passage of this act; and at each alter- 
 nate election thereafter, two shall be elected to serve two years and 
 three shall be elected to serve two years. [Amended 1899, chap. 13.] 
 
 Sec. 42. [Qualifications of trustees.] Any person may be a 
 trustee who shall have attained the age of twenty-one years, and shall 
 be a male citizen of the United States, or declared his intention to be- 
 come such, who shall have been an inhabitant and taxpayer of the 
 village at the time of his election, and resided therein for three months 
 next preceding; and every trustee so elected shall hold his office for the 
 term of two vears, and until a successor is elected and qualified. 
 [Amended 1899, chap. 13.] 
 
 Sec. 50. [Notice of election.] The board of trustees shall give 
 public notice of the time and i)lace of holding each election; said notice 
 to be given not less than ten nor more than twenty days previous to the 
 election. 
 
 Sec. 51. [Vacancies.] If, on any day appointed for holding 
 any election under the provisions of this chapter, any of the judges or 
 clerks of election shall fail to attend, the electors present may fill such 
 vacancies from among the qualified electors present. 
 
 ADOPTION OF VILLAGE GOVERNMENT. 
 
 Sec. 53. [Change from city to village government.] When- 
 ever any city of the second class, containing more than lifteen hundred 
 inhabitants, desires to discontinue its organization as a city, and organ- 
 ize as a village, and one-fourth of the legal voters of such city shall 
 petition the city council, the council shall cause to be published, for at 
 least thirty days, a notice stating that the question of adopting village 
 government will be submitted at the next annual city election. The form 
 of the ballot shall be ''For organization as a village," and ''Against 
 
ELECTION LAWS OF NEBKASIvA. 127 
 
 organization as a village;" and at the same election the qualified voters 
 shall also vote for five trustees for tlie village. If a majority of the votes 
 cast are "For organization as a village," then such city shall within 60 
 days after such election be and become a village, and be governed under 
 the provisions of the law relating to villages, unless it shall at some 
 future annual election adopt a city government, in the manner provided 
 herein for its adoption of village government. 
 
 ABOLISHMENT OF VILLAGE GOVERNMENT. 
 
 Sec. 55c. [Vote.] Any village of the state of Nebraska which 
 maj^ have been incorporated under the laws of this state shall abolish 
 the same whenever a majority of the electors of said village, voting on 
 the question of such abolishment, shall so decide in the manner herein 
 provided. [1885, chap. 17.] 
 
 Sec. 55rf. [Election.] Whenever a petition or petitions for 
 submission of the question of the abolishment of incorporation to the 
 voters of any village, signed by not less than one-third of the electors 
 and tax-payers of said village, shall be filed in the office of the county 
 clerk of the county in which such village is situated, not less than thirty 
 days before the date of any general election, it shall be the duty of such 
 county clerk to cause said question to be submitted to the voters of said 
 village at such election, and give notice thereof in the general notice of 
 such election; Provided, That no village shall abolish incorporation 
 until all liabilities are liquidated. 
 
 Sec. 55f. [Ballots.] The forms of ballot shall be respectively, 
 "For Abolishment of Incorporation," and "Against Abolishment of 
 Incorporation," and the same shall be written or printed upon the 
 regular ballots cast for officers voted for at such election, and shall be 
 counted and canvassed in the same manner. 
 
 Sec. 55/. [Result of election.] If it shall be decided at such 
 election that incorporation of said village be abolished, then from and 
 after the first day of January next ensuing, "Incorporation of said 
 village" shall cease and be abolished, and said village shall thereafter 
 be governed by county commissioners as provided by law. 
 
 GENERAL PROVISIONS. 
 
 Sec. 60. [Election.] On the first Tuesday of April of each 
 year, an election shall be held in each city and village governed by this 
 chapter, for officers as in this chapter provided, all of which officers 
 (except councilmen and trustees) shall be elected and hold their respect- 
 ive offices for the term of one year, and until their successors are 
 elected and qualified; at which election the qualified voters of each city 
 may cast their ballots between the hours of nine o'clock A. M. and 
 seven o'clock P. M. [Amended 1899, chap. 13.] 
 
 Sec. 61. [Qualification of electors.] All qualified electors of 
 this state, who shall have resided within the limits of any city of the 
 second class or village for three months preceding any election therein, 
 shall be entitled to vote at all city and village elections. 
 
 Sec. 62. [Certificates of election.] Certificates of election for 
 all officers of cities and villages shall be made out under the corporate 
 
128 ELECTION LAWS OF NEBRASIvA. 
 
 seal by the city council or board of trustees, at their first meeting after 
 any election of such officers. 
 
 BONDS FOR COUNTY COURT HOUSE. 
 
 Sec. 129. [Bonds— Conditions.] The mayor and council of 
 cities of the second class shall have and hereby are given the power and 
 authority to borrow money and pledge the property and credit of such 
 city upon its negotiable bonds in an amount not to exceed five (5) per 
 centum of the assessed valuation of the taxable property within the 
 limits of such city for the purpose of aiding in the building, erecting^ 
 constructing, or repairing and furnishing a county court house, in addi- 
 tion to bonds already voted by the county, autliority for the issuaiico of 
 such bonds having first been obtained by a three-fifths (3-5) vote of the 
 qualified electors of such city voting on a proposition for such purpose 
 at any general or special election; such proposition to be submitted to 
 such electors in the manner now provided by the laws of this state for 
 the submission of propositions to aid in the construction of railroads 
 and other works of internal improvements, such bonds to bear interest 
 not to exceed six per centum per annum, and to be sold for not less than 
 par and run not to exceed twenty years. [1889, § 1, chap. 9.] 
 
 Sec. 130. [Election.] The election at which any such propo- 
 sition shall be voted upon shall in all respects be conducted and the 
 returns shall be canvassed and declared in the manner now provided by 
 law for such purposes at general elections held in such cities. [Id., § 2.] 
 
 STEEET RAILWAYS. 
 
 (Compiled Statutes, IDUo, Chapter 72, Article VIL) 
 
 Sec. 4. [Submission to electors.] The question of the consent 
 of a majority of the electors of any such city to the constructing and 
 operating of any such street railroad shall be determined by submitting 
 the question to the electors of such city at an election to be held for that 
 purpose, and of which election it shall be the duty of the mayor of any 
 such city, upon the request of the common council of said city, to give at 
 least ten days' notice by publishing a notice in some newspaper pub- 
 lished in such city, which notice shall state the termini of said proposed 
 street railway, as well as describe the precise route between such termini 
 which shall be one continuous line from one terminus to the other, and 
 also name the streets through which said railway is to be constructed, 
 which proposed railway shall not exceed five miles in length; the form 
 in which such notice shall be taken, and the time when such election 
 shall be held, and no election shall hereafter be held except under this 
 provision; Aiid provided further, That no franchise to construct street 
 railways shall be hereafter granted, nor shall any election be hereafter 
 hold to vote upon any proposition to give the consent of the electors 
 of any such city to the construction of any street railway, unless there 
 shall have been filed, at least ten days before such election, a map or 
 plat showing the route and location of the proposed street railway vo 
 
ELECTION LAWS OF NEBRASKA. 129 
 
 the eonnty office wherein are kept the record of deeds of real estate and 
 also -^tether the proposed railway along such route is to be a single or 
 doijble track. [Amended 1893, chap. 23, § 2.] 
 
 Sec. 5. [Election— Proceedings.] Every such election shall be 
 held at the time designated in the notice, and shall be held in the same 
 manner and at the same places as the general city elections, and the 
 returns shall be canvassed by the council of such city at its next meeting 
 after any such election and the result declared, and if a majority of the 
 votes cast at such election shall be in favor of the constructing and 
 operating such proposed street railroad, the council shall cause the city 
 clerk to make out a certificate of the result, stating that the consent of a 
 majority of the electors of such city has been given to the constructing 
 and operating of such railroad, and deliver the same to the chief officer 
 of such street railroad company, who shall cause the same to be recorded 
 in the office of the county clerk where the articles of association of sucli 
 street railroad company are recorded, 'and in the same record; and su''h 
 certificate shall be prima facie evidence of the facts therein stated; and 
 thereupon, such street railroad company shall be authorized to proceed 
 and construct and operate such street railroad, as described in its arti- 
 cles of association, or any portion thereof subject to such rules and 
 regulations as may be established by ordinances of such city; Provided, 
 That any street railroad hereafter authorized to be constructed shall be 
 built upon the line or route so described in said notice and plat, and not 
 otherwise, and shall be constructed from one of the termini so fixed 
 continuously to the other, and shall be a single or double track as shown 
 on such plat, but no street railway shall hereafter be constructed, or 
 consent, or authority therefor be given by any city, or its electors, upon, 
 or along any part of anj- street in any city upon or along which any 
 street railway has been already constructed, and where any other com- 
 pany or party owns any street railway upon any part of such street it 
 is hereby authorized and empowered to consent to the use of any part 
 of its railway by any other company upon such terms as may be a^^reed 
 upon by them; Provided, That no such use shall be allowed or enjoyed 
 without its consent; Provided further, That no authority to construct 
 street railway on any street of any city in this state under any franchise 
 hereafter granted, or consent of the electors of any such city thereto 
 hereafter given, shall be operative or effective unless the owners of a 
 majority of the feet front of the real property abutting upon the street 
 or streets upon which it shall be proposed to construct any such street 
 railway shall in writing consent thereto, which written consent shall be 
 filed in the office of the city clerk of the city wherein such street is 
 situated before any election to give the consent of the electors of such 
 city shall be called. [Amended 1893, chap. 23, § 3.] 
 
130 ELECTION LAWS OF NEBRASKj^. 
 
 OEGANIZATION OF NEW COUNTIES. 
 
 (Compiled Statutes, 1905, Chapter 17, Article IL) 
 
 Sec. 3. [Precincts.] The said commissioners, or a majority of 
 them, shall proceed to divide such county into suitable and convenient 
 precincts, and such commissioners shall give at least thirty days pre- 
 vious notice of the time which they shall fix upon for holding the fi^'st 
 election of precinct and county officers, by conspicuously posting in one 
 of the most public places in each precinct notices of such election, sub- 
 scribed by them, and attested by the clerk; the notices posted in each 
 precinct shall specify the place of voting therein. [Id., § 3.] 
 
 Sec. 4. [Election.] The voters at such election may assemble 
 at nine o'clock, A. M., in each precinct, and shall select from among 
 their own number two judges and two clerks for the election, who, be- 
 fore tliey enter upon the discharge of their duties, shall take the oath 
 required by judges and clerks of election, any one of whom may ad- 
 minister such oath to the others; and the said election shall be gov- 
 erned by the laws regulating elections at the time. The special com- 
 missioners shall constitute the board of canvassers for such election, 
 and in the discharge of their duties as such, [shall be governed] 
 by the law in force at that time. [Id., § 4.] 
 
 Sec. 5. [County seat.] At such first election, the voters of the 
 county shall determine the permanent location of the county seat; for 
 this purpose each voter may designate on his ballot the place of his 
 choice for the county seat, and when the votes are canvassed, the place 
 having a majority of all the votes polled shall be the county seat, and 
 public notice of said location shall be given by the county commission- 
 ers within thirty days, by posting up notices in three several places in 
 each precinct in the county, and a copy of such notice shall be recorded 
 by the county clerk in the book of miscellaneous records. [Id., § 5.] 
 
 Sec. \j. [Same.] In any county where an election has been 
 heretofore held under any law existing at the time of said election, to 
 determine the permanent location of the county seat of such county, 
 and said election shall be declared void by any court of competent 
 jurisdiction in an action instituted for that purpose, the county commis- 
 sioners of said county shall submit, at the next general election to be 
 held sixty days after the entering of such judgment, to the qualified 
 voters of the county seat of the county, as if no election had ever been 
 held in such county. [Amended 1883, chap. XXIV.] 
 
 Sec. 7. [Succeeding elections.] If no one place has a majority 
 of all the votes polled, as provided in section five, it shall be the duty of 
 the county commissioners within one month after said election, or witliin 
 one month after the officers elected at the first election have qualifiod 
 according to law, to order a special election, and give ten days notice 
 thereof, by posting up three notices in each precinct in said county, at 
 which election votes shall be taken by ballot between the three highest 
 places voted for at the first election; and if tio choice is made at such 
 election, notice of another election shall be given as above provided for, 
 
ELECTION LAWS OF NEBRASKA. 131 
 
 to decide between the two places having the highest number of votes 
 at the last election, and the jilace having the highest number of votes 
 shall be the county seat. [G. S., § 7.] 
 
 Sec. 14. [ Officers. 1 All county and precinct officers elected at 
 the first election herein provided shall continue to hold their respective 
 offices until the next general election held for the same offices in other 
 counties, as provided by the election law in force at that time, and until 
 their successors are elected and qualified. [Id., § 15^] 
 
 RELOCATION OF COUNTY SEATS. 
 
 (Gumpiled Statutes, 1905, Chapter 17, Article HI.) 
 ARTICLE III.— RE-LOCATION OF COUNTY SEATS. 
 
 Sec. 1. [Petition to county board.] Whenever the inhabi- 
 tants of any county are desirous of changing their county seat, and 
 upon petition therefor being presented to the county commissioners, 
 signed by resident electors of said county, equal in number to three- 
 fifths of all the votes cast in said county at the last general election 
 held therein, and containing in addition to the names of the petitioners, 
 the section, township, and range on which, or town or city in which the 
 petitioners reside, with their age and time of residence in the county, it 
 shall be the duty of such board of commissioners to forthwith call a 
 special election in said county for the purpose of submitting to the 
 qualified electors thereof the question of the relocation of the county 
 seat. Provided, that in case any county seat has been located and re- 
 tained for a period of ten successive years, prior to the passage and 
 approval of this act, in any one place, the said place shall become and re- 
 main the permanent county seat of such county, unless such petition be 
 signed by such electors equal in number to three-fourths of all the 
 votes cast in said county at the last general election held therein. 
 Notice of the time and place of holding said election shall be given in 
 the same manner, and said election shall be conducted in all respects 
 the same as is provided by law relating to general elections for county 
 purposes. The electors at said election shall designate on their ballots 
 which city, town or place they desire said county seat located at or in, 
 and any place receiving three-fifths of all the votes cast shall become 
 and remain from and after the first day of the third month next suc- 
 ceeding such election, the county seat of said county, Provided, that in 
 case any county seat has been located and retained for a period of ten 
 successive years, prior to the passage and approval of this act, in any 
 one place, it shall not be removed unless some other place shall receive 
 three-fourths of all the votes cast at said special election. [1875, 159. 
 Amended 1905, S. F. 255.] 
 
 Sec. 2. [Canvass of votes.] If it shall appear upon the can- 
 vass of said votes that no one place has received three-fifths of all the 
 votes cast, and if it shall further appear that three-fifths of all the votes 
 cast have been cast in favor of places other than the one where said 
 county seat is then located, it shall be the duty of said board of county 
 
132 ELECTION LAWS OF NEBRASIvA. 
 
 commissioners to immediately call a special election in the same man- 
 ner as provided in section one of this act. 
 
 Sec. 3. [Special election.] At which election the electors of 
 said county shall designate upon their ballots either the name of the 
 place where the county seat is then located, or one of the two places, 
 other than the said county seat, which received the largest number of 
 votes cast at the special election first held, and in canvassing said votes 
 no votes shall be counted except such as are cast for one of the three 
 places before mentioned. 
 
 Sec. 4. [Re-location.] If three-fifths of all said votes so to be 
 counted shall be in favor of the re-location of such county seat at either 
 of the places voted for, the place receiving three-fifths of such votes 
 shnll become and remain from and after the first day of the third month 
 next succeeding said election the county seat of such county. 
 
 Sec. 5. [Further election.] If it shall appear u])on the can- 
 vass of said vote that no one place has received three-fifths of all the 
 votos legally cast at said election, and if it shall further appear that less 
 than two-fifths of all said votes have been cast in favor of tlie present 
 county seat, said board of county commissioners shall, at the next gen- 
 eral election held in such county, again submit to the electors thereof 
 the question of the re-location of the county seat. 
 
 Sec. 6. [Subsequent election.] If the present county sent 
 received a less number of votes, at the second special election hereinbe- 
 fore provided for, than either of the other places voted for thereat, tlien 
 the electors shall designate on their ballots the name of one of the two 
 places, other than said county seat, where they desire the county seat 
 so located, and the one of said places receiving the largest number of 
 votes sliall be and become, from and after the first day of January fol- 
 lowing such election, the county seat of said county; but if at said elec- 
 tion only one of the places voted for received more votes than the place 
 Vvhere the county seat is then located, the electors of said county shall 
 designate upon their ballots either the name of the place where the 
 county seat is then located, or of the place which received the highest 
 number of votes cast at the aforesaid special election, and in canvassing 
 said votes no votes shall be counted except such as are cast for one of 
 the two places before mentioned. 
 
 Sec. 7. [Final result.] If three-fifths of all said votes so to 
 be counted shall be in favor of the re-location of such county seat, the 
 place so receiving three-fifths of all of said votes shall become and re- 
 main, from and after the first day of January next succeeding said 
 election, the county seat of such county. 
 
 Sec. 8. [Question of re-location not again submitted.] If at 
 either of the elections in this act provided for, more than two-liftiis 
 of the votes cast shall be in favor of the place where the county seat 
 is then located, the question of the re-location thereof shall not be again 
 submitted for the space of two years from the date of said election, and 
 in case the county seat shall be re-located as herein provided for, the 
 question of the re-location thereof shall not be again submitted to the 
 electors for the space of five years thereafter. 
 
ELECTION LAWS OF NEBRASKA. 133 
 
 COUNTIES AND COUNTY OFFICERS. 
 
 (Compiled Statutes, 1905, Chapter 18, Article L) 
 
 Sec. 4. [Transferring territory.] When a majority of the 
 legal voters, residing upon any territory, shall petition the county board 
 of their own county, and also of the county to which they desire such 
 territory to be transferred, for leave to have such territory transferred 
 to such county, it shall be the duty of the several county boards so 
 petitioned to submit the question at the next general election in said 
 counties; Provided, That no such petition shall be granted until after 
 the expiration of three vears from the last submission of the question. 
 [Amended 1885, chap. 36; 1889, chap. 5.] 
 
 Sec. 5. [Notices of election.] Notices of such election shnll 
 contain a description of the territory proposed to be transferred, tlie 
 names of the counties from and to which such transfer is intended to 
 be made, and sliall be posted with the other notices for general elections. 
 
 Sec. 6. [Ballots.] The ballots used in the said elections may 
 be in the following form, to-wit: ''For transferring territory," and 
 ** Against transferring territory," when, if a majority of the voters 
 voting upon said question in the county from which said territory is 
 proposed to be taken, and a majority of the voters of the county to 
 which the same is proposed to be transferred, shall be **For transferring 
 territory," then the said territory shall be transferred to and become 
 a part of the county to which it is proposed to transfer the same, on 
 and after the first day of January succeeding such election, and shall 
 be subject to all the laws, rules, and regulations thereof; Provided, That 
 all assessments and collections of taxes, and judicial or other official 
 proceedings commenced prior to said first day of January, shall be con- 
 tinued, prosecuted, and completed in the same manner as if no transfer 
 had been made; And provided further, That all township or precinct offi- 
 cers within said transferred territory shall continue to hold their re- 
 spective offices within the countv to which they may be transferred, 
 until their respective terms of office expire. 
 
 Sec. 9. [Unorganized territory.] When any unorganized 
 territory lies adjoining to and is not embraced within the boundaries of 
 any county, and a majority of the inhabitants of said territory petition 
 the commissioners of said adjoining county to be attached to the same, 
 the county board of said county shall within sixty days order an elec- 
 tion as provided for in sections 4, 5, and 6, of this act, and said territory 
 shall become attached to and be a part of said county by a majority vote 
 of the same, and be subject in all other respects to the provisions of this 
 act. [Amended 1885, chap. 36.] 
 
 Sec. 10. [New county.] Whenever it is desired to form a new 
 county out of one of the then existing counties, and a petition praying 
 for the erection of such new county or counties, stating and describing 
 the territory proposed to be taken for such new county or counties, 
 together with the name of such proposed new county or counties, signed 
 by a majority of the legal voters residing in the territory to be stricken 
 
134 ELECTION LAWS OF NEBRASKA. 
 
 from such county, shall be presented to the county board of such county 
 to be affected by such division, and it appearing that such new county 
 or counties can be constitutionally formed, and they shall contain not 
 less than 450 square miles, it shall be the duty of such county board to 
 make an order providing for the submission of the question of the 
 erection of such new county to a vote of the people of the county to be 
 affected, at the next succeeding general election of which the notice 
 shall be given, the votes canvassed, and the returns made as in case of 
 election of county officers, and the form of the ballot to be used in the 
 determination of such question shall be as follows: "For new county," 
 and ''Against new county." [Amended 1895, chap. 26.] 
 
 Sec. 11. [Elections.] If it shall appear that a majority of all 
 the votes cast at any such election, in the county interested, is in favor 
 of the erection of such new county or counties, the county clerk of said 
 county shall certify the same to the secretary of state, stating in such 
 certificate the name, territorial contents, and boundaries of such new 
 county or counties; whereupon the secretary of state shall notify the 
 governor of the result of such election, whose duty it shall be [to] 
 order an election of county officers for such new county or counties, at 
 such time as he shall designate, and he may, when necessary, fix the 
 place of holding election, notice of which shall be given in such manner 
 as the governor shall direct. At such election the qualified voters of 
 said new county or counties shall elect all county officers for said county 
 or counties, except as hereinafter excepted, who shall be commissioned 
 and qualified in same manner as such officers are in other counties in 
 this state, and who shall continue in office until the next general elec- 
 tion for such officers, and until their successors are elected and qualified, 
 and who shall have all the jurisdiction and perform all the duties which 
 are or may be conferred upon such officers in other counties in the state. 
 [Amended 1889, chap. 5; 1895, chap. 26; 1897, chap. 21.] 
 
 Sec. 12. [Officers.] All the justices of the peace, constables, 
 and other township or precinct officers, who were previously elected and 
 qualified in the county or counties from which such new county has 
 been formed, whose term of office shall not have expired at the time of 
 said election, and whose residence shall be embraced within the limits 
 of said new county, shall continue in office until their terms of office 
 shall expire and until their successors shall be elected and qualified. 
 
 Sec. 13. [Canvass of votes.] The votes for the county officers 
 of said new county shall be canvassed, and returns made, by the county 
 clerk or county clerks of the county or counties from which such new 
 county was formed, as provided by law in other cases. 
 
 Sec. 24. [Public grounds, how sold.] The county board shall 
 not sell the public grounds as provided in the tliird subdivision in the 
 preceding section without having first submitted the question of sell- 
 ing such public grounds to a vote of the electors of the county. 
 
 Sec. 25. [Duties of the board.] It shall be the duty of the 
 county board of each county: 
 
 ^ccovd. [Buildino's.] To erect or otherwise provide a su'tnble 
 court house, jail, and other necessary county buildings, and i'oi that 
 
ELECTION LAWS OF NEBRASKA. 135' 
 
 purpose to borrow money and issue the bonds of the county to pay the 
 same; to keep the said buildin^^s in repair and to provide suitable 
 rooms and offices for the accommodation of the several courts of record, 
 the county board, clerk, treasurer, sheriff, clerk of the district court, 
 county superintendent, county surveyor, and county attorney, (pro- 
 vided said county attorney shall hold his ofiice at the county seat,) and 
 suitable furniture tlierefor. But no appropriation exceeding fifteen 
 hundred dollars shall be made for the erection of any county buih.ling 
 without first submitting the proposition to a vote of the people of the 
 county at a general election or a special election ordered by said board 
 for that purpose, and the snrae is ordered by a majority of the legal 
 voters voting thereon. [18S7, chap. 28. Amended 1889, chap. 10.] 
 
 Sec. 25a. [Tax for county buildings— Petition— Proposition.] 
 Whenever it shall be deemed necessary to erect a court house, jail, or 
 other public county buildings, in any county in this state, the board of 
 county commissioners may, and upon the petition of not less than one- 
 fourth of the legal voters of said county, as shown by the poll books 
 of the last previous general election, shall submit to the people of said 
 county to be voted upon, at a special election called by the board of 
 county commissioners for that purpose, a proposition to vote a special 
 annual tax for that purpose of not to exceed five mills on the dollar 
 valuation of the taxable property in said county, for a term of not 
 to exceed five years. [1895, chap. 27, § 1. Amended 1897, chap. 22.] 
 
 Sec. 2Dh. [Submission of proposition.] The manner of sub- 
 mitting such proposition shall be governed by Section 871, Chapter 10, 
 of the Consolidated Statutes of 1893 [Sec. 27, this chapter]. [Id., § 2.] 
 
 Sec. 26. [Tax in addition to constitutional limit.] Whenever 
 the county board shall deem it necessary to assess taxes, the aggregate 
 of which shall exceed the rate of one dollar and fifty cents per one hun- 
 dred dollars valuation of the property of the county, except when such 
 excess is to be used for the payment of indebtedness existing at the 
 adoption of the constitution, the county board may, by an order en- 
 tered of record, set forth substantially the amount of such excess re- 
 quired and the purpose for which the same will be required, and if for 
 the payment of interest or principal, or both, upon bonds, shall in a 
 general way designate the bonds and specify the number of years such 
 excess will require to be levied and provide for the submission of the 
 question of assessing the additional rate required to a vote of the 
 people of the county at the next election for county olBcers after the 
 adoption of the resolution, or at a special election ordered by said 
 county board for that purpose. If the proposition for such additional 
 tax be carried, the same shall be paid in money and in no other man- 
 ner. [Amended 1887, chap. 28.] 
 
 Sec. 27. [Submission to people.] The mode of submitting 
 questions to the people for any purpose authorized by law shall be as 
 follows: The whole question, including the sum desired to be raised, 
 or the amount of the tax desired to be levied, or the rate per annum, 
 and the whole regulation, including the time of its taking effect, or 
 having operation, if it be of a nature to be set forth, and the penalty 
 
136 ELECTION LAWS OF NEBRASKA. 
 
 of its violation, if tliere be one, is to be published for four weeks in 
 some news})aper piiblislied in tlie oounty. If tliere be no such news- 
 paper, the publication is to be made by being posted up in at least one 
 of the most public places in each election precinct in the county, and 
 in all cases the notices shall name the time when such question shall 
 be voted upon, and the form in which the question shall be taken, and 
 a copy of the question submitted shall be posted up at each place of 
 voting during the day of election. 
 
 Sec. 28. [S?me.] "Wlien the question submitted involves the 
 borrowing or expenditure of money, or issuance of l)onds, the projiosi- 
 tion of the question must be accompanied by a provision to levy a tax 
 annually for the payment of interest, if any, thereof, and no vote ado])t- 
 ing the question proposed shall be valid unless it likewise adopt the 
 amount of tax to be levied to meet the liability incurred. 
 
 Sec. 29. [Canvass,] At the time specified in such notice, a 
 vote of the qualified electors shall be taken in each precinct, at the 
 place designated in such notice. The votes shall be received, and re- 
 turns thereof made, and the same shall be canvassed by the same otlicers 
 and in the same manner as required at each general election. 
 
 Sec. 30. [Vote— Record— Result.] If it appears that two- 
 thirds of the votes cast are in favor of the proposition, and the require- 
 ments of the law have been fully complied with, the same shall be en- 
 tered at large by the county board upon the book containing the record 
 of their proceedings, and they shall then have power to levy and collect 
 the special tax in the same manner that the other county taxes are col- 
 lected. Propositions thus acted upon cannot be rescinded by the county 
 board. 
 
 Sec. 53. (Commissioners.) The board of County commissi on- 
 ers, in all counties having not more than one hundred and twenty-five 
 thousand (125,000) inhabitajits, shall consist of (3) persons, and in 
 counties having more than one hundred and twenty-five thousand (125,- 
 000) inhabitants, shall consist of five (5) persons; Provided, That 
 in counties having less than one hundred and twenty-five thousand 
 (125,000) population which have five (5) commissioners, when this 
 act takes effect, the incumbents of said office shall continue to hold 
 and occupy such offices until the expiration of the terms for which 
 elected. Provided, That the electors in any county containing less 
 than one hundred and twenty-five thousand (125,000) inhabitants, may 
 vote at any general election as to whether their county board sliall 
 consist of (3) or five (5) commissioners. Counties under township 
 organization voting to change to commissioner system may vote at the 
 same time as to the number of commissioners desired. Whenever, in 
 counties not under township organization a petition or petitions for 
 tlie submission of the question signed by not less than two hundred 
 electors of the county, voting at the last general election, shall be filed 
 in the office of the county clerk, not less than thirty (30) days beTore 
 the date of any general election, it shall be the duty of said county 
 clerk to cause said question to be submitted to the voters of said 
 county, at such election, and give notice thereof in the general notice 
 
ELECTION LAWS OF NEBIJASKA. 137 
 
 of such election. The forms of ballot shall be rcspuctivel} : "i'or 
 three (3) commissioners;" "for five (5) connnis-v.oners;" and the san:e 
 shall be written or printed upon the rei^ular l)ailots cast for officers 
 voted for at such election, and shall be counted and canvassed in tlie 
 same manner. If a majority of votes cast at said election on said 
 proposition have written or printed thereon the words, "for five com- 
 missioners," thereafter said county shall have five (5) commissioners, 
 and if a majority of the ballots cast at said election have thereon 
 written or printed the words, "for three commissioners," thereafter 
 the said county shall have three commissioners. Ballots on which 
 appear both "for three commissioners" and "for five commissioners" 
 neither being stricken out shall not be counted as cast on said prop- 
 osition. The commissioners shall have the qualifications of eienlors, 
 and shall be residents of their respective districts but be elected l)y 
 a vote of the entire county at the annual general election. [Amended 
 1887, chap. 29; 1891, chap. 21; 1903, S. F. 8.] 
 
 Sec. 54. [Districts.] Each county not under township or- 
 ganization having not more than one hundred and twenty-five thousand 
 (125,000) inhabitants shall be divided into three districts numbered 
 respectively one (j), two (2), and three (3), or into five (5) districts as 
 provided for in section fifty-three (53), which shall be numbered re- 
 spectively one (1), two (2), three (3), four (4), and five (5); and 
 counties having more than one hundred and twenty-five thousand 
 (125,000) inhabitants, shall be divided into five (5) districts, num- 
 bered respectively one (1), two (2), three (3), four (4), and five (5), 
 fXnd shall consist of two or more voting precincts, comprising com- 
 pact and contiguous territory and embracing as near as may l3e pos- 
 sible, an equal division of the population of the county, and not subject 
 to alteration oftener than once in three (3) years; and one (1) commis- 
 sioner shall be nominated by each of said districts but shall be elected 
 by the qualified electors of the entire county, as hereinbefore provided. 
 The district lines shall not be changed at any session of the board 
 unless all of the commissioners are present at such session: Provided, 
 That in counties of one hundred and twenty-five thousand (125,000) 
 inhabitants or more, and in counties where a majority have voted for 
 five (5) commissioners, it shall be the duty of the commissioners or 
 supervisors of such county, at their first meeting after the publication 
 of state, or federal census, or after an election deciding to have five (5), 
 to divide said county into five (5) commissioner's districts, as provided 
 for in this bill; Provided further. That the three (3) commissioners of 
 such county whose term of office will expire after said election shall con- 
 tinue to represent the district in which they reside, after the re-district- 
 ing of such county, until the expiration of the terms for which they 
 were elected; And provided further. That at the next general election 
 occurring upon the even year after the division of a county into five (5) 
 districts, one commissioner shall be elected for each of the two (2) re- 
 maining districts, of the two (2) persons elected in such districts, the 
 person receiving the highest number of votes shall hold his office for the 
 
138 ELECTION LAWS OF NEBRASKA. 
 
 term of four (4) years, and the person receiving the next highest num- 
 ber of votes shall hold his office for the tenn of two (2) years; and each 
 connnissioner elected therenfter, in pursuance of the provisions of 
 this section, shall hold his office for four (4) years and until his suc- 
 cessor is elected and qualified. [Amended 1887, chap. 29; 1891, chap. 
 21, 1903, S. F. 8; 1905, H. R. 310.1 
 
 Sec. 55. [Term cf office.] At the first election held to choose 
 a board of commissioners under this act in any county, the person 
 having the highest number of votes shall continue in office for four (4) 
 years; the two (2) receiving the next highest number of votes shall con- 
 tinue in office for two (2) years; but if any three or more persons shall 
 receive the same number of votes, their terms of office shall be de- 
 termined by the board of canvassers, and each commissioner elected 
 at the first general election, as herein provided, shall hold his office for 
 iwo or four (4) years, as the case may be, and until his successor is 
 elected and qualified, and each commissioner elected thereafter, in pur- 
 suance of the foregoing section, shall hold his office for four years and 
 until his successor is elected and qualified. [Amended 1905, H. K. 316.] 
 
 Sec. go. [Precincts.] Each board of county commissioners 
 shall divide the county into convenient precincts; and as occasion may 
 require, erect new ones, subdivide precincts already established, and 
 alter precinct lines. And whenever any portion of territory containing 
 in the aggregate not less than one township of land, and not more than 
 four townships lying contiguous, shall contain not less than fifteen 
 voters, it shall be the duty of the county commissioners, on receipt of a 
 petition signed by a majority of the legal voters therein to constitute 
 such portion of the territory a voting precinct. 
 
 Sec. 61. [Division of precinct not to affect existing ofTices.] 
 When a precinct shall be divided, any justice of the peace or constable 
 of the original precinct shall continue to act as such in the newly created 
 precinct in which he may reside at the time of the division, the same 
 as if the precinct had not been divided. 
 
 Sec. 61a. [Precincts in citios cf the first class.] Whenever 
 the mayor and city council of any city of the first class in this state 
 shall by ordinance divide any ward of such city into two or more 
 voting or polling districts, the board of county commissioners of the 
 county in which such city is located shall, for general election purposes 
 also, at their next regular session after the taking efrect of the said 
 ordinance, order the establishment of said voting or pollins: districts 
 in conformity with the provisions of said ordinance, and shall appoint 
 judges and clerks of election for such polling districts as appointments 
 are now made when a vacancy exists in such offices. [1883, chap. 
 XXIT.] 
 
ELECTION LAWS OF NEBRASKA. 
 
 139 
 
 MISCELLANEOUS ACTS AND PROVISIONS. 
 
 (Compiled Statutes, 1905, Chapter 18, Article IIL) 
 
 Section 1. [Bonds for coal.] The board of county commis- 
 sioners of each county in this state are hereby authorized and required 
 to submit to the legal voters thereof, on presentation of a petition 
 of twenty resident freeholders of said county the proposition to issue 
 bonds, not exceeding twenty thousand dollars, the proceeds of which 
 shall be applied to defray the expenses of boring and prospecting for 
 coal in their respective counties under the direction of the commis- 
 sioners thereof, and said boards are hereby authorized to issue the 
 said bonds for said purpose, in case the vote shall be favorable to the 
 proposition; Provided, however, That- said commissioners may in their 
 discretion, refuse to submit such inquiry to a vote of the people until 
 the next general election after the presentation of such petition. [G. S., 
 § 1, 249.] 
 
 INTERSTATE EXPOSITIONS. 
 
 Sec. 32. [Bonds— Election.] Whenever one thousand (1,000) 
 voters of any county in the state of Nebraska having over one hundred 
 thousand population, shall petition the board of county commissioners, 
 or the board of supervisors to that end, any such county shall be and 
 hereby is authorized to issue the bonds of such county, to become due 
 twenty (20) years from the date thereof and to bear interest at a rate 
 not to exceed five (5) per cent, per annum, to provide for the expenses 
 of promoting the interests of such county by participating in any in- 
 terstate exposition held in the state of Nebraska, and making at such 
 exposition a county exhibits improving or beautifying the grounds, and 
 erecting or aiding in the erection of a suitable building or buildings 
 therefor, and maintaining the same during such exposition, to an 
 amount to be detennined by the board of county commissioners or board 
 of supervisors, not exceeding one hundred thousand dollars ($100,- 
 000.00) ; Provided, The board of county commissioners or board of 
 supervisors shall first submit the question of the issuing of such bonds 
 to a vote of the legal voters of such county at a general or special 
 election; such question to be submitted entire after notice to such 
 voters published in any newspaper of general circulation in such county 
 for four (4) weeks next prior to such election; and Provided, That 
 such interstate exposition shall first have been recognized by the Con- 
 gress of the United States by an appropriation of a sum not less than 
 one hundred thousand dollars ($100,000.00). [1897, chap. 24, § 1.] 
 
 Sec. 33. [Proposition.] The proposition when submitted 
 shall contain a statement of the amount necessary to be raised each year 
 for the payment of the interest of said bonds and for the payment 
 of the principal thereof at maturity. [Id., § 2.] 
 
 Sec. 34. [Number of votes to carry.] If two-thirds (2-3) of 
 the votes cast on such proposition at any such election be in favor 
 thereof, the said bonds shall be authorized and the proper officers of the 
 
140 ELECTIOX LAWS OF NEBRASI^^. 
 
 county shall thereupon issue said bonds and the same shall be and 
 continue a subsisting debt against such county until thev are paid. 
 
 [Id., § 3.] 
 
 TOWNSHIP ORGANIZATION. 
 
 (Compiled Statutes, 1905, Chapter 18, Article IV.) 
 
 Section 1. [Election.] At any general election that may be 
 hold in the several counties of the state, the qualified voters in any 
 county, may vote for or against tov/nship organization in such county, 
 under the provisions of this act. [18^5, chap. 28, § 1.] 
 
 Sec. 2. [Same— Petition— Submission.] The county commis- 
 sioners, on petition of two hundred and fifty or more legal voters of 
 the county, shall cause to be substituted to the voters of the county the 
 question of township organization under this act, by ballot, to be writ- 
 ten or printed, or partly written or partly printed thereon, **for town- 
 sliip orp,n7iization, " or, ''against township organization," the votes to 
 be counted, canvassed, and returned in like manner as votes for county 
 ' Ticers. [Id., § 2.] 
 
 Sec. 3. [When county governed.] If it shall appear by the 
 3turns of said election that a majority of the legal voters of such 
 county voting at such election are for township organization, then the 
 .county so voting for its adoption shall be governed by and subject' to 
 the provisions of this act, on and after the meeting of the supervisors 
 of the county as hereinafter provided. [Id., § 3.] 
 
 Sec. 4. [Supervisors districts.] On the second Tuesday after 
 such election adopting township organization in any county the County 
 Commissioners of the county shall meet at the county seat of such 
 county and shall forthwith, and within not more than three days from 
 and after the first day of meeting, divide such county into seven dis- 
 tricts to be known as supervisors districts; such districts to be divided 
 as near as possible with regular boundary lines and in regular and 
 compact form and shape, and each district shall as near as possible 
 have the same number of inhabitants as any other district; but no 
 township shall be divided by any such district; Provided that in 
 counties having cities over one thousand inhabitants, and more inhabi- 
 tants than the average outlying districts, the County Commissioners 
 sliall add enough contiguous territory to such city so that the inhabi- 
 tants in such city and contiguous territory shall equal the inhabitants of 
 two of the other districts, and when so divided such district in which 
 such city is located shall elect two supervisors to be elected at large 
 within such district; Provided, further that if a county is divided with 
 such a city district then and in such event the balance of the territory 
 shall only be divided into three districts, and such city district shall re- 
 ceive number as hereinafter provided. Provided further that if any 
 such city has more than the requisite inhabitants for two districts, then 
 and in such event sufficient outlying territory may ])e added to such 
 city to make three districts. The supen'isors of such city districts shall 
 be elected at large, and the balance of that territory outside of such 
 
ELECTION LAWS OF NEBRASKA. 141 
 
 city districts shall be divide-^ so as to create seven districts including 
 such city districts. [Id., § 4.] 
 
 Sec. 5. [Same— Numbered.] "When the county has been di- 
 vided as in the precedin.j? section provided, the County Commissioners 
 shall at once upon such division, proceed to number such districts from 
 one to seven and they shall in case of a city district as contemplated in 
 the preceding section, give such city district two or more numbers, 
 one odd and one even number. [Id., § 5.] 
 
 Sec. 6. [Same— Cities— Villages.] In the event any city hav- 
 ing one thousand inhabitants or more shall have enough inhabitants 
 to form one supervisor district then such city shall constitute one dis- 
 trict, or in case the number of inhabitants is less than the number in 
 the other districts then so much contiguous territory shall be added 
 to such city to give it sufficient inhabitants for one supervisor district. 
 Villages may be enumerated with general districts, counting all the 
 inhabitants therein as being within the districts wherein such town or 
 village is situated. [Id., § 6.] 
 
 Sec. 14. [Place of holding first meeting.] The county clerk 
 shall at least twenty days before the first Tuesday in April designate 
 some central and convenient place in each town for holding the first 
 town meeting. [Id., § 14.] 
 
 Sec. 15. [Notice of same.] The county clerk shall thereupon 
 make out notices stating the time (which shall be the first Tuesdaj' in 
 April thereafter), and place for holding the first town meeting. Such 
 notices shall be posted by the sheriff in some public place in said town 
 at least fifteen days before holding of the meeting. [Id., § 15.] 
 
 Sec. 16. [First town meeting— Proceedings.] The first town 
 meeting shall be conducted in the manner as other town meetings here- 
 inafter provided for. [Id., § 16.] 
 
 Sec. 18. [OfRcers—Election— Bonds— Approval,] At the first 
 town meeting held as provided in section fourteen of this act, the quali- 
 fied electors of each town shall elect by ballot from their own number, 
 one town treasurer, one constable, one overseer of roads in each road 
 district Trlthin the township, three judges of election, and two clerks 
 of election all of whom shall duly qualify as provided by law and shall 
 hold their offices until their successors shall be duly elected and quali- 
 fied. The bonds of the officers mentioned in this section shall be ap- 
 proved by the town board. [Id., § 18.] 
 
 Sec. 20. [Officers— Election.] All township offices provided 
 for by appointment, as provided for in preceding sections, -shall be 
 filled at the next general election, held in November following such 
 appointment and thereafter the officers elected shall qualify and ass^i^ie 
 their respective office as provided by law in respect to those oiiicos. 
 [Id., § 20.] 
 
 Sec. 25. [Annual town meeting— Notice.] The citizens of the 
 several towns of this state, qualified by the constitution to vote at 
 general elections, shall assemble and hold annual town meetings at 
 their respective towns on the first Tuesday in April, at such place in 
 such tow^n as the electors thereof at their annual town meetings shall 
 
^42 ELECTION LAWS OF NEBRASKA. 
 
 from time to time appoint. And notices of the time and place of hold- 
 ing such meeting, after the first meeting, shall be given by the town 
 clerk by posting up written or printed notices in three of the most 
 public places in said town, at least ten days prior to said meeting. [Id., 
 § 25.] 
 
 Sec. 26. [Same— Power of electors.] Tlie electors of each 
 town shall have power at their annual town meetings to elect such town 
 officers as may be required to be chosen to direct the institution and 
 defense of suits at law or equity in which such town may be a party 
 in interest; to direct such sum to be raised in such town for the support 
 and maintenance of roads and bridges, or for any other purpose pro- 
 vided by law as they may deem necessary; to take measures and give 
 directions for the exercise of their corporate powers; to impose pen- 
 alties upon persons offending against any such regulations, and to 
 make rules, regulations and by-laws necessary to carry into effect the 
 powers herein granted. [Id., § 25.] 
 
 Sec. 29. [Same— Powers of electors.] The electors at special 
 town meetings, when properly convened, shall have full power to fill 
 any vacancies in any of the town offices when the same shall not already 
 have been filled by appointment; to provide for raising money for re- 
 pairing highways or buildings, or repairing bridges in case of emer- 
 gency, and to direct the repairing or building thereof; to act upon any 
 subject within the power of the electors at any annual town meeting 
 which was postponed at the preceding annual town meeting, for want 
 of time, to be considered at a future special town meeting, but special 
 town meetings shall have no power to act upon any subject not em- 
 braced in the statement of the notice calling the same. [Id., § 29.] 
 
 Sec. 30. [Moderator.] The electors present at any time be- 
 tween the hours of nine and ten o'clock in the forenoon of the day on 
 which there is an annual or a special town meeting shall be called to 
 order by the town clerk if present; if not present, then the voters may 
 elect by acclamation one of their number chairman; they shall then 
 proceed to chose one of their number to act as moderator of such town 
 meeting. [Id., § 30.] 
 
 Sec. 34. [Majority rule.] All questions upon motions made 
 at town meeting shall be determined by a majority of the electors vot- 
 ing, and the presiding officer shall ascertain and declare the result of 
 the votes upon each question. [Id., § 34.] 
 
 Sec. 35. [Manner of voting.] When the result of any vote 
 shall upon such declaration, be questioned by one or more of the electors 
 present, the moderator shall make the vote certain by causing the voters 
 to rise and be counted, or by dividing off. [Id., § 35.] 
 
 Sec. 36. [Electors— Qualifications.] No person shall be a 
 voter at any town meeting unless he shall be qualified to vote at general 
 elections, and has been for the last ten days a resident of the town 
 wherein he shall offer to vote. [Id., § 36.] 
 
 Sec. 37. [Same— Challenges.] If any person offering to vote 
 at any election, or upon any question arising at such town meeting, 
 shall be challenged as an unqualified voter, the presiding officer shall 
 
ELECTION LAWS OF NEBRASKA. 143 
 
 proceed thereupon in like manner as the jnclges of general elections are 
 required to do, adapting the oath to the circumstances of the town 
 meeting, and the laws in force in regard to false swearing and illegal 
 voting at general elections shall apply to false swearing and illegal 
 voting at town meetings. [Id., § 37.] 
 
 Sec. 38. [Meeting— Opening and closing.] Town meetings 
 shall be kept open from the time of opening in tiie morning until six 
 o'clock in the afternoon, unless a majority of the voters present vote to 
 adjourn at an earlier- hour, if the business before the meeting shall have 
 been concluded. [Id., i^ 38.] 
 
 Sec. 62.7. I Supervisors— Election.] At the next general elec- 
 tion following the adoi)tion of township organization, or the division 
 of any county now under township organization into supervisor dis- 
 tricts as provided by this act, there shall be elected in each supervisor 
 district one supervisor, who shall be nominated and elected by the 
 qualified electors of the district for which such supervisor is elected, 
 and each district shall nominate its supervisor in the same manner as 
 near as may be as other district officers are nominated, and the votes 
 cast for such supervisor in the different townships, cities or wards, 
 within such districts shall be counted, canvassed, and returned the 
 same as is done for county officers. The person who shall receive a 
 plurality of all the votes cast for supervisor within the district shall be 
 declared the elected supervisor for such district and shall receive, a 
 certificate of election from the county clerk the same as other officers. 
 [Id., § 69.] 
 
 Sec. 62/^. [Supervisors— Term of office.] At the next general 
 election after the adoption of township organization, and the division 
 of the county into supervisor districts as contemplated by this act, 
 there shall be elected in each supervisor district one supervisor, and the 
 supervisors elected in the odd numbered districts shall hold their offices 
 for one year, and the supervisors elected in the even numbered districts 
 shall hold their offices for two years. In double or city districts the 
 ballots shall state which one of the supervisors is elected for the odd, 
 and which one for the even numbered district. Each district shall 
 thereafter elect one supervisor every two years, and each supervisor 
 after the first election as stated above shall hold his office for the term 
 of two years and until his successor is duly elected and qualified. [Id., 
 § 70.] 
 
 Sec. 62?. [Number of inhabitants, how ascertained.] For the 
 purpose of ascertaining the number of inhabitants in the several dis- 
 tricts provided by this act, the supervisors, or commissioners as the 
 case may be, shall ascertain the whole number of votes cast at the last 
 preceding general election held within ihe county, and shall multiply 
 the number of votes so cast by fiA^e, and this result shall be taken as the 
 whole number of inhabitants of the county or any pni't tliereof as the 
 case may be, and the supervisor districts shall be divided upon the fore- 
 going basis and in accordance with the results thus obtained. [Id., § 71.] 
 
 Sec. 62/. [Districts— Changed, when.] The su])ervisor dis- 
 tricts may be changed after each state and federal census if it shall 
 
!44 
 
 ELECTION LAWS OP NEBRASKA. 
 
 appear from an examination or the number of votes in any district or 
 districts that the inliabitants have become unequal among the several 
 districts. [Id., § 72.] 
 
 DISCONTINUANCE OF TOWNSHIP ORGANIZATION. 
 
 Sec. 63. [Discontinuance.] Any county of the state of Ne- 
 braska which may have adopted township organization, or that may 
 hereafter adopt the same pursuant to tlie constitution and any statute 
 of the state, shall discontinue the same whenever the majority of the 
 electors of said county voting on the question of such discontinuance 
 shall so decide in the matter herein provided. [1885, chap. 43.] 
 
 Sec. 64. [Question submitted.] Whenever a petition or peti- 
 tions for a submission of the question of the discontinuance of town- 
 ship organization to the voters of his county, signed by a number of 
 electors not less than ten per cent of those voting at the last general 
 election, shall be filed in the office of the county clerk not less than 
 thirty days before the date of any general election, it shall be the 
 duty of said county clerk to cause said question to be submitted to 
 the voters of said county at such election and give notice thereof in 
 the general notice of such election. [Amended 1895, chap. 29.] 
 
 Sec. 65. [Ballots.] The forms of ballots shall be respectively 
 ''for continuance of township organization" and "against continuance 
 of township organization," and the same shall be written or printed 
 upon the regular ballots cast for officers voted for at such election, and 
 shall be counted and canvassed in the same manner. 
 
 Sec. 66. [Returns.] If it shall appear from the returns of 
 said election that a majority of the votes cast on the question are 
 against the continuance of township organization, then such organiza- 
 tion shall cease to exist as soon as a board of county commissioners 
 are appointed and qualified, as hereinafter provided. 
 
 Sec. 67. [County commissioners.] When township organiza- 
 tion shall cease in any county, as provided by this act, the office of 
 county commissioner, which became vacant by reason of its adoption, 
 is hereby restored, and such county is hereby divided into commissioner 
 districts, with the same boundaries and comprising the same territory 
 as such districts had when township organization was adopted. 
 
 Sec. 68. [Same— Appointment.] On the first Saturday after 
 the first Tuesday of January following the election at which township 
 organization shall be voted to be discontinued, the county commission- 
 ers of such county, for the purpose of temporary organization under 
 this act, shall be appointed by the county clerk, treasurer, and county 
 judge of said county, and their successors shall be elected at the next 
 general election in the manner provided by law in cases of the first 
 election of a board of commissioners in any county. 
 
ELECTION LAWS OF NEBRASKA. 145 
 
 BOUNTY FOR DESTRUCTION OF WILD ANIM^VLS. 
 
 (Compiled Statutes, 1905, Chapter 4, Article L) 
 
 Sec. 33. [Election.] Upon the petition of fifty taxpay^n-s of 
 any county, to the county commissioners or county board, favorable to 
 granting bounties for the destruction of wild animals, as provided in 
 section one of this act, it shall be the duty of said county commissioners 
 or county board to present the prayer of the said ix'titioncrs to tlie 
 electors of such county at the next succeeding election. [Amended 
 1885, chap. 6.] 
 
 Sec. 34. [Ballots.] The voting on the aforesaid proposition 
 shall be by ballot, the ballots having written upon them, "For boun- 
 ties," or "Against bounties," and the votes to be canvassed as other 
 votes are canvassed in precinct elections, and if a majority of the votes 
 cast at such election be in favor of the proposition as contained in this 
 act the same shall be in effect within ninety days after such election. 
 
 Sec. 35. [Revocation.] Any county desiring to be released 
 from the paying of bounties, as provided in this act, may revoke the 
 same by the same authority and manner of procedure as provided in 
 section five of this act, for the establishment of the same. 
 
 INTERNAL HIPROVEMENTS. 
 
 (Compiled Statutes, 1905, Chapter 45.) 
 
 Section 1. [Bonds.] That any county or city in the state of 
 Nebraska is hereby authori-jed to issue bonds to aid in the construction 
 of any railroad, or other work of internal improvement, to an amount 
 to be determined by the county commissioners of such county or the 
 city council of such city, not exceeding ten per centum of the assessed 
 valuation of all taxable property in said county or city; Provided, The 
 county commissioners or city council shall first submit the question of 
 the issuing of such bonds to a vote of the legal voters of said county or 
 city, in the manner provided by chapter nine of the Revised Statutes of 
 the state of Nebraska, for submitting to the people of a count}- the 
 question of borrowing money. [1869, § 1, 92. G. S., 448.] 
 
 Sec. 2. [Proposition to vote.] The proposition of the question 
 must be accompanied by a provision to levy a tax annually for the pay- 
 ment of the interest on said bonds as it becomes due; Provided, That 
 an additional amount shall be levied and collected to pay the principal 
 of said bonds, when it shall become due; and. Provided, further. That 
 no tax shall be levied or collected to pay any of the principal of said 
 bonds until after the year 1880. [Amended 1870, 15.] 
 
 Sec. 3. [Rate of interest.] The proposition shall state the rate 
 of interest such bond shall draw, and when the principal and interest 
 shall be made payable. 
 
 Sec. 4. [Result of vote.] Upon a majority of the votes cast 
 being in favor of the proposition submitted, the county commissioners, 
 
14G ELECTION LAWS OF NEBRASKA. 
 
 in the case of a county, and the city council, in the case of a city, shall 
 cause the proposition and the result of the vote to be entered upon the 
 records of said county or city, and a notice of its adoption to be pub- 
 lished for two successive weeks in any newspaper in said count}" or 
 city, if there be one, and if not, then witliout such publication and shall 
 tliereupon issue said bonds, which shall be and continue a subsisting 
 debt against such county or city, until they are paid and discharged. 
 
 PRECINCT, TOWNSPnP, AND VILLAGE BONDS. 
 
 Sec. 14. [Election.] Any precinct, township, city of the sec- 
 ond class, or village, organized according to law, is hereby authorized 
 to issue bonds in aid of works of internal improveinents, improving 
 streets in cities of the second class and villages, highways, railroads, 
 bridges, court houses, jails, city and town halls and the drainage of 
 swamp and wet lands, within such municipal division, to an extent not 
 exceeding ten per cent of the assessed value of the taxable property at 
 the last assessment within such precinct, township, city of the second 
 class or village, in the manner hereinafter directed, viz: First. A peti- 
 tion signed by not less than fifty freeholders of the precinct, township, 
 city of the second class or village, shall be presented to the county coni- 
 ng issi oners, city council of cities of the second class or board of trustees 
 ('■'. villages, or the board authorized by law to conduct the business 
 within which such precinct, township, city of the second class or vil- 
 lage is situated. Said petition shall set forth the nature of the work 
 contem])lated, the amount of bonds sought to be voted, the rate of in- 
 terest which in no event shall exceed six per cent per annum, the length 
 of time said bonds shall run, which in no event shall be less than ten 
 years and not more than twenty years from the date thereof; and the 
 said petitioners shall give bond, to be approved by the county commis- 
 sioners, city council of cities of the second class, or board of trustees of 
 villages, for the payment of the expenses of the election, in the event 
 that the proposition shall fail to receive two-thirds majority of the 
 votes cr-st at said election. Second. U]wn the reception of such petition 
 the comity commissioners, city council of cities of the second class, or 
 board of trustees of villages, shall give notice and call an election in 
 the precinct, township, city of the second class, or village as the case 
 may be. Said notice, call and election shall be governed by the laws 
 regulntiug the election for voting bonds for a county. [1885, chap. 58. 
 Amended 1899, chap. 49.] 
 
 Sec. 15. [Issuance of bonds.] If two-thirds of the votes cast 
 at such election shall be in favor of the proposition, the county com- 
 missioners, city council of cities of the second class, or board of trustees 
 of villages shall as the case may be, without delay, cause to be prepared 
 and issue the bonds in accordance with the petition and notice of elec- 
 tion; said bonds shall be signed by the chairman of the board of county 
 commissioners, or the person authorized to sign county bonds and be 
 attested by the county clerk, mayor and city clerk of cities of the second 
 class, chairman of the board of trustees and village clerk of villages, 
 and be attested by the respective seals. The county clerk, village clerk 
 
ELECTION LAWS OF NEBRASIvA. 
 
 147 
 
 of villages, or city clerk of cities of the second class, as the case may 
 be, shall enter upon the records of tlie board, or council, the petition. 
 bond, notice, and call for the election, canvass of the vote, the number, 
 amount and interest, and the date at which each bond issued shall be- 
 come payable; and shall also cause such bonds to be registered in the 
 office of the secretary of state and state auditor, as required by law. 
 [M.J 
 
 STATE BOUNDABY BrtlDGE BONDS. 
 
 Sec. 18. [State boundary bridge bonds.] That any county, 
 township, precinct, city, or village in the state of Nebraska may issue 
 bonds to construct, or to aid in the construction of a highway wagon 
 bridge across any boundary river of the state of Nebraska. [1895, 
 chap. 45, § 1.] 
 
 Se(\ 19. [Same— Submission of question— Amount.] That the 
 question of issuing bonds shall first be submitted to the (|ualified elect- 
 ors of the county, township, precinct, city or village either at a special 
 election called for that purpose or at a general election as hereinafter 
 provided, and if three-fifths (3-5) of the votes cast at such election be in 
 favor of the [)roposition to issue bonds, then such county, township, pre- 
 cinct, city or village, as the case may be, shall issue their bonds in such 
 amounts as shall be specified in the notice of election, not exceeding 
 ten per cent of the assessed valuation of such county, township, pre- 
 cinct, city or village as shown by the last assessment prior to the vote 
 authorizing the issuance of such bonds; Provided, That any county or 
 city that has heretofore made donations to any railroad or other works 
 of internal im]irovement, may issue bonds in excess of ten per cent, and 
 not to exceed fifteen per cent of the assessed valuation of such county 
 or city, if at the election of the qualified electors as herein provided 
 two-thirds of the votes cast at such election shall be in favor of such 
 proposition. [Id., § 2.] 
 
 Sec. 20. [Petition— Notice— Election.] That whenever a ])eti- 
 tion setting forth the amount of bonds askei'. to be voted, when the same 
 shall become due, the rate of interest said bonds shall bear, which shall 
 not exceed seven per cent, per annum, whether payable annually or 
 semi-annually, and if to aid in the construction of a bridge, the name 
 of the person, firm or corporation, to whom said bonds are to be donated, 
 the amount of work to be done on said bridge before said bonds shall 
 be delivered, and signed by not less than twenty freeholders of the 
 county, township, precinct, city, or village, it is proposed shall issue 
 bonds, shall be presented to the county commissioners or board of super- 
 visors of the county it is proposed shall issue bonds, or the county in 
 which is located the township or precinct it is proposed shall issue 
 bonds, or to the city council of the city, it is proposed shall issue bonds, 
 or to the trustees of the village, it is proposed shall issue bonds, said 
 county commissioners or board of supervisors or said city council or 
 said village trustees shall, upon said petitioners giving bond, to be ap- 
 proved by them, conditioned for the payment of the expenses of a 
 special election in the event the proposition to be submitted shall not 
 receive the requisite number of votes for its adoption, give notice and 
 
l-!8 
 
 ELECTION LAWS OF NEBRASIv^i.. 
 
 call a special election in the county, township, precinct, city, or village, 
 Trhich said notice shall contain the conditions npon which honds are to 
 be issued as hereinbefore provided shall be set forth in the petition, 
 which notice shall be published for at least thirty days prior to such 
 election in some newspaper published in such county, township, pre- 
 cinct, city, or village, if any newspaper is publislied therein, and if no 
 newspaper is published therein, said notice shall be published by post- 
 ing such notice at the court house door in the county and in every voting 
 precinct in the county, or in case of a township, precinct, city, or village 
 election such notice, where there is no newspaper published therein, 
 shall be published by posting the said notice in at least four public 
 places in each township, precinct, city, or village for at least thirty days 
 next preceding the day of holding such election, and said election in 
 all other respects shall be p-overned by and conform to the laws of the 
 state of Nebraska regul-Tting general elections; rrovhlvd, however, That 
 u})on request of such petitioners the proposition to issue bonds may be 
 submitted at the next general election after the presentation of such 
 petition, upon giving notice as hereinbefore provided, in which case 
 said petitioners shall not be required to execute any bond for the pay- 
 ment of the expenses of the election as hereinbefore provided; and at 
 which election, whether general or special, the ballot used shall be sub- 
 stantiallv the foUovring form: 
 
 Shall (iiere enter nan^ie of county, township, p-ecinct, city, or 
 village it is proposed shall vote bonds) issue bonds in the sum 
 of (1 ere insert the amount), dollars, to construct or aid in the 
 construction of, as the case mi^y be, a highway wagon bridge 
 (and if to aid in the construction insert the name of the person, 
 firm, or corporation to whom, said bonds are to be donated, 
 and to levy a tax for payment of principal and interest.) 
 
 Yt 
 
 No. 
 
 [Id., § 3.] 
 
 Sec. 21. [Eoncls— Eccord— Ilegistration.] If at any such elec- 
 tion the proposition to issue bonds shall receive the requisite number of 
 votes for its adoption as hereinbefore provided, the county connnission- 
 ers or l;o;i.rd of sup'^rvisors, city council, or bonrd of village trustees, 
 shall cause the petition, notice of election, and the result of the vote to 
 be recorded in the pror>er records of the county, city or village, and 
 therenT)on said bonds shall be prepared and issued in accordance with 
 the petition and notice of election and shall be signed and executed by 
 the ofiicers by law authorized to sign and execute bonds issued by a 
 county, township, precinct, city, or a village, and said bonds, when 
 issued by the commissioners or board of supervisors of any county shall 
 be registered in the o(i>e of the county clerk of such county, and when 
 issued by a city or village they shall be registered in the oflice of the 
 clerk of such village or city, and such bond shall then be registered in 
 the offices of the auditor of public accounts and secretary of state as 
 provided by law, and after being so registered said bonds shall be de- 
 livered to the person, firm, or corporation, named in said petition upon 
 their coir'^liance with the terms and conditions upon which said bonds 
 were voted. [Id., § 4.] 
 
ELECTION LAWS OF NEBRASKA. 149 
 
 SANITARY DISTRICTS. 
 
 (Compiled Statutes, 1905, Chapter 55, Article IV.) 
 
 Section 1. [Sanitary districts— Establishment.] That whon- 
 ever one or more municipal corporations may be situate upon a stream 
 which is bordered by lands subject to overflow from natural causes, or 
 which is obstructed by dams, or artificial obstructions so that the natural 
 flow of water is im])eded so that drainage or the improvement of the 
 channel of such stream will conduce to the preservation of public health, 
 such municipal corporation or corporations and the surrounding lands 
 deieteriously affected by the condition of the stream may be incor- 
 porated as a sanitary drainage district under this act in the manner 
 fonovv'ing: Any one hundred (100) legal voters, freeholders resident 
 within the limits of such proposed sanitary district may petition the 
 county board of the county wherein they reside, to cause the question 
 to be submitted to the legal voters whether they will organize as a sani- 
 tary district under this act, such petition shall contain a definite descrip- 
 tion of tlie territory intended to be embraced in such district according 
 to government survey and the name of the proposed district but no lands 
 not included within any municipal corporation, or within three miles 
 thereof, shall be included in any sanitary district, nor shall any lands 
 not witlii-n an incorporated town be included within any sanitary dis- 
 trict unless the same be within three miles of the channel of such stream 
 or of the area of lands subject to its overflow. Upon the filing of such 
 i:>etition in the office of the county board it shall give notice in one or 
 more newspapers daily, if there be a daily paper in said county, during 
 twenty (20) days prior to such meeting of the time and place where the 
 petition will be heard. At the time so fixed the board shall meet and all 
 persons in such proposed sanitary district shall have opportunity to be 
 heard touching the location and boundary of the proposed district and 
 tliereu])on the county board shall by an order determine the boundaries 
 of such district whether described in such petition or otherwise. After 
 such determination by the county board, or a majority of them, they 
 shall call a special election and submit to the legal voters of the pro- 
 posed sanitary district the question of the organization of such district, 
 and notice in a daily paper, if there be one, shall be given of such elec- 
 tion twenty days prior tliereto. At such election each legal voter resi- 
 dent within the proposed sanitary district shall have a right to cast a 
 ballot with the words therecm, "For Sanitary District," or ** Against 
 Sanitary District," and the ballots cast shall be received, returned, and 
 canvassed in the manner as upon county elections and the result shall be 
 entered of record, and if a majority of the votes cast be in favor of the 
 proposed district such proposed district shall be deemed an organized 
 sanitary district under this act. [1891, chap. 36, § 1.] 
 
 Sec. 2. [Organization— Trustees— Body politic] On the or- 
 ganization of any sanitary district the county board shall call an election 
 for the election of three trustees who shall hold their offices until their 
 successors are elected and quialified, and annually at the November elec- 
 
150 ELECTION LAWS OF NEBRASKA. 
 
 tion in each year there shall be elected one trustee. At the first meeting 
 after election of one or more members, the board shall elect one of their 
 number president, and in case they fail to elect, then the member who 
 at his election received the highest number of votes shall be president 
 of such board. Such district shall be a body corporate and politic by 
 
 name of Saii'.tary District of with power to sue, be sued, 
 
 contract, acquire and hold property, and adopt a common seal. [Id., 
 § 2.] 
 
 Sec. 7. [Same— Election.] x\t the time or before incurring 
 any bonded indebtedness the question shall be submitted to the people in 
 the manner provided by law in cases of borrowing money for internal 
 improvements, [Id., § 7.] 
 
 SCHOOLS. 
 
 (Compiled Statutes, 1905, Chapter 79, Subdivision II.) 
 SUBDIVISION II.— DISTRICT MEETINGS. 
 
 Section 1. [Annual.] The annual school meeting of each 
 school district shall be held at the school house, if there be one, or at 
 some other suitable place within the district, on the last Monday of 
 June of each year. The officers elected as hereinafter provided shall 
 take possession of the office to which they have been elected upon the 
 second Monday of July, and the school year shall commence with that 
 day. [Amended 1885, chap. 79 ; 1889, chap. 78.] 
 
 Sec. 2. [Special.] Special meetings may be called by the dis- 
 trict board, or any one of them, on the written request of any five legal 
 voters of the district, by giving the notice required in the next succeed- 
 ing section; and in all notices of special meetings the object of the meet- 
 ings shall be stated, and no business shall be transacted at such meetings 
 except such as is mentioned in the call. 
 
 Sec. 3. [Notices.] All notices of annual or special meetings, 
 after the first meeting has been held as hereinbefore provided, shall 
 elate the day, hour and place of meeting, which place shall be within 
 the district, and shall be given at least fifteen days previous to such 
 meeting by posting up copies thereof in three public places within the 
 district; but no annual meeting shall be deemed illegal for want of such 
 notice. No schoolhouse site shall be changed nor tiixes voted for build- 
 ing, purchase or lease of a schoolhouse at any district meeting unless 
 notices shall have been given of sucli meejting as above provided, in- 
 cluding therein the fact that such subjects will then be considered. 
 [Amended 1905, II. K. .312.] 
 
 Sec. 4. [Qualifications of voters.] Every person, male or 
 female, who has resided in the district foi'ty days and is twenty-one 
 years old, and who owms real property or personal property that was 
 assessed in the district in his or her name at the last annual assess- 
 ment, or who has children of school age residing in the district shall 
 be entitled to vote at any district meeting or school election held in 
 any district, village or city. Provided, That all electors at school elec- 
 tions held in cities where registration of voters is required sluUl comply 
 
ELECTION LAWS OF NEBRASKA. 151 
 
 with the provisions of such registration ia,w before they shall be entitled 
 to vote. [Amended 1883, chap. LXXII; 1889, chap. 78; 1899, chap. 59.] 
 
 Sec. 5. [Challenges— Oath.] If any person oil'ering to vote 
 at a school district meeting shall be challenged as unqualified, by any 
 legal voter in such district, the chairman presiding at such meeting 
 shall declare to the person chalieged the qualilicatious of a voter, and 
 if such person shall state that he or she is qualified, and the challenge 
 sliall not be withdrawn, the said chairman shall administer to him or her 
 an oath, in substance, as follows: ''You do solemnly swear (or affirm) 
 that you are twenty-one years of age, tliat you have resided in this 
 school district for forty daj's last past, that you own real property in the 
 district or personal property that was assessed in your name at the last 
 assessment (or have children of school age residing in the district) so 
 help you God." And every person taking such oath shall be permitted 
 to vote on all questions proposed at such meeting. 
 
 Sec. 6. [Perjury.] If any person so challenged shall refuse to 
 take such oath, his or her vote shall be rejected, and any person who 
 shall wilfully take a false oath, or make a false affirmation under the 
 provisions of the preceding section, shall be deemed guilty of perjury, 
 and be punished accordingly. 
 
 Sec. 7. [Challenge to viva voce vote.] When any question is 
 taken in any other manner than by ballot^ a challenge immediately after 
 the vote has been taken, and previous to an announcement of the vote 
 by the chair, shall be deemed to be made when offering to vote, and 
 treated in the same manner. 
 
 Sec. 8. [Adjournment— Change of site.] The qualified voters 
 in the school district, when lawfully assembled, shall have power to 
 adjourn from time to time, as may be necessary, to designate a site for 
 a school house, by a vote of two-thirds of those present, and to change 
 the same by a similar vote at any annual meeting; Provided, That in 
 any school district where the school house is located three fourths of 
 one mile or more from the center of such district, such school house site 
 may be changed to a point nearer the geographical center of the dis- 
 trict by a majoritv vote of those present at any such school meeting. 
 [Amended 1889, chap. 78.] 
 
 Sec. 9. [Superintendent to fix site.] When no site can be es- 
 tablished by such inhabitants aforesaid, the county superintendent of 
 the county in which the district is situated shall determine where such 
 site shall be, and his determination shall be certified to the director of 
 the district, and shall be final, except that such decision may be changed 
 by the county superintendent on a written request of two-thirds of the 
 qualified voters of the district. 
 
 Sec. 10. [Site of school— Purchase— Lease— Tax.] The said 
 qualified voters shall also have power, at any annual or special meet- 
 ing, to direct the purchasing or leasing of any appropriate site, and 
 the building, hiring or purchasing of a school house, and the amount 
 necessary to be expended the succeeding year, and to vote a tax on 
 the property of the district for the payment of the same. Not to con- 
 flict with section 2. [Amended 1889, chap. 78.] 
 
152 ELECTION LAWS OF NEBRASKA. 
 
 Sec. 11. [Tax rate for general purposes.] That trustees of 
 each School District within the state of Nebraska shall, prior to the 
 annual School District meeting in each year, provided for by section 
 5427 [1] of this act, prepare an estimate showing the amount of money 
 required for the maintenance of schools during the coming school year, 
 and the legal voters at the annual school meeting each year, shall deter- 
 mine the amount of money required for school maintenance during the 
 coming school year, which shall be an amount sufficient to maintain a 
 school in the manner and for the time provided in section 5440 [14] of 
 the act and the amount of money so required shall be levied as a tax 
 upon all of the taxable property of the school district; Provided, That 
 in Districts having four children or less of school age, the amount levied 
 shall not exceed the sum of four hundred ($400.00) dollars in any year; 
 and in districts having more than four and less than sixteen children of 
 school age, the levy shall not exceed the sum of fifty ($50) dollars per 
 child in addition to the above. The amount of money so voted as being 
 necessary for the maintenance of the school for the coming year; shall 
 be certified by the district school board to the County Clerk of the 
 County in which said School district is located and said amount shall 
 he levied by the County Board on the assessed value of the school dis- 
 trict, and be collected as other taxes; provided. That the amount so 
 levied shall not exceed in any one year two and one-half ($2.50 dollars 
 on the one hundred dollar valuation as assessed and equalized. 
 [Amended 1899, chap. 60; 1903, H. R. 79; 1905, H. R. 180.] 
 
 Sec. 11a. [Same— No levy--No school.] Where no levy is 
 voted at the annual school district meeting, or where the district votes 
 to liave no school, or where no action is taken by the annual meeting to 
 provide for school, it shall be the duty of the county superintendent of 
 the proper county to make and deliver to the county clerk of such county 
 in which any part of the district is situated not later than the first 
 iMonday in August following the annual meeting an itemized estimate 
 of tlie amounts necessary to be expended during the ensuing year for 
 school purposes in such district. It shall be the duty of the county clerk 
 to levy such taxes on the taxable property of the district, to be collected 
 by the county treasurer at the same time and in the same mamier as the 
 state and county taxes are collected; and when collected to be paid to 
 the treasurer of the proper district on the order of the director counter- 
 signed by the moderator of said district. [1905, S. F. 184.] 
 
 Sec. 12. [Sajne— Building- purposes.] The legal voters may 
 also, at such meeting, determine the number of mills, not exceeding ten 
 mills on the dollar of assessed valuation, which shall be expended for 
 the building, purchase, or lease of school house in said district, when 
 there are no bonds voted for such purpose, which amount shall be re- 
 ported levied and collected as in the preceding section; rroridcd, That 
 the aggregate number of mills voted shall not exceed twenty-five (25) 
 mills. 
 
 SUBDIVISION III.— DISTRICT OFFICERS. 
 
 Section 1. [Election.] The qualified voters of ov(m\v now dis- 
 trict, when assembled pursuant to legal notice, and all existing districts 
 
ELECTION LAWS OF NEBRASKA. • 153 
 
 at their annual meetings shall elect by ballot from the qualified voters 
 of such district, a moderator for three years; a director for two years; 
 and a treasurer for one year; and at the expiration of their respective 
 terms of office, and regularly thereafter, tlieir several successors shall 
 be elected for the term of three years each, and all officers so elected 
 shall hold their offices till their successors are elected or appointed, and 
 qualified; Provided, That officers of existing organi-^^d districts shall 
 continue and discharge the duties of their severrJ off-cr^^ until the ex- 
 piration of the same. 
 
 Sec. 2. [New district.] When a new district is organized and 
 officers elected at any other time than at the annual meeting, the time in- 
 tervening between the date of such organizntion and the next annual 
 meeting shall constitute the first year in the term of sucli officers. 
 
 Sec. 3. [Acceptcince.] Within ten days after their election, 
 those several officers shall file with the director, a written acceptance 
 of the office to which they shall have been respectively elected, which 
 shall be recorded by said director. 
 
 Sior. f). [Vacancy.! District officers an|)ointed to fill vacan- 
 cies shall hold their office until the be.Tinning of the next school year. 
 Officers elected at a special meeting shall serve for the remainder of the 
 unexpired term and until their successors are elected and qualified. 
 [Amended 188:), chap. 78.] 
 
 SUBDrvaSION VI. — HIGH SCHOOL DISTRICTS. 
 
 Section 1. [District board.] Any district containing more 
 than one hundred a-id fifty c' ildren, between the ages of five and 
 twenty-one yerrs, m.iy elect a d;«tT"ict board consisting of six trustees; 
 Provided, The district shall so determine at an annual meeting by a 
 vote of a majority of the voters attending such meetings. When such 
 change in the district board sliall have been voted, the voters at suok 
 annual meeting shall proceed imm.ediately to elect two trustees for 
 the term of one year, two for the term of two years, and two for the 
 term of three years, and annually th.ereafter two trustees shall be 
 elected, wlioso term of office shall be three years, and until tlieir suc- 
 cessors shall, have been elected and qualified. [Amended 1885, chap. 
 79; 1889, ehap. 78.] 
 
 Sec. 2. [Oncers.] Within ten days after their election, such 
 trustees shall file with the directors a written acceptance of the office 
 to which they have been elected, and shall annually elect from their own 
 nmnber a moderator, a director, and a treasurer and for cause may re- 
 move the same, and may appoint others of their own members in their 
 places, who shall perform the duties prescribed by law for such officers 
 in the primary school districts in this state, except as hereinafter pro- 
 vided.^ The trustees sliall have power to fill any vacanrv that may 
 occur in their number till the next annual meeting. Whenever in any 
 case the trustees shall fail, through disagreement or neglect, to elect 
 the officers named in this section within twenty days next after their 
 annual meeting, the county superintendent of the county in which such 
 district makes its annual Ireport shall appoint the said officers from the 
 members of said trustees. 
 
154 election laws of nebraska. 
 
 [rural high schools.] 
 
 Sec. 9. [Establishment.] Any two or more adjoining school 
 districts in any comity of this State which are not alile or do not 
 deem it expedient to maintain a school of more than eight (8) grades 
 may unite for the purpose of forming one high school district and 
 maintaining one high school as hereinafter provided. [1901, chap. 64.] 
 
 Sec. 10. [Proposition, submission; adoption.] The proposi- 
 tion so to unite shall be submitted to the njguhir annual meeting of 
 each district proposed to be joined in such high school district, oi 
 at a special meeting called for the purpose, as provided in subdivision 
 two (2) of chapter seventy-nine (79) of Compiled Statutes, and shall 
 require for its adoption a majority of all the qualified voters present 
 at such meeting in each of the districts proposed to be so joined for high 
 school purposes. [Id., § 2.] 
 
 Sec. 11. [Establishment completed— Name— Mutual support.] 
 When any two or more adjoining school districts in any county shall 
 have voted to unite for high school purposes, the officers thereof shall 
 certify the fact to the county superintendent of said county, who shall 
 thereupon give to such high school district so forniCd an appro- 
 pri.ate name, not borne by any other school district or high school dis- 
 trict in said county, and it shall thereafter be known by such name as 
 
 the High School District of County, Nebraska. 
 
 "Where the majority of votes are cast for such a union of districts, 
 and such high school is established, no district can withdraw its sup- 
 port from the union without the mutual consent of all the district ex- 
 pressed by the majority vote of each. [Id., § 3.] 
 
 Sec. 12. [Enlargement of district.] After any such high 
 school district has been established, if any adjoining common school 
 distri(tt shall, by a majority vote of the qualified voters therein, at any 
 annual or special meeting, express a desire to unite with, and be in- 
 cluded in such high school district for the benefits thereof, it may be 
 done: Providing, this proposition is accepted by a majority vote of all 
 qualified voters at an annual or special meeting in a majority of the 
 school districts so united, or if but two districts, in each. Notice of 
 such acceptance, by the president of the high school district to the 
 moderator of said common school district, shall operate as official 
 proclamation of the incorporation of said common school district in and 
 part of the high school district. [Id., § 4.] 
 
 Sec. 13. [Trustees— Government.] The directors for the time 
 being of the several school districts so joined for high school puri)oses, 
 provided the number of such districts shall exceed two, shall be the 
 trustees and governing body of such high school district. If the num- 
 ber of such districts shall be two only, the said trustees shall annually 
 choose a third person, having the qualifications of a member of the 
 school board in one or the other of the respective school districts to 
 be a trustee of said high school district, who shall within ten days 
 after his election file with such trustees or one of them a written ac- 
 ceptance of said office. Such trustees shall annually, subseiiuent to the 
 
ELECTION LAWS OF NEBRASKA. 155 
 
 nnniial meetings of the school districts so united for high school pur- 
 poses, elect from their number a chairman and a clerk, and shall at 
 the same time elect a treasurer who may or may not be one of their 
 number. They shall also have power to fill any vacancy that may 
 occur in their number or in any of said offices till the same can be reg- 
 ularly filled. [Id., § 5.] 
 
 Sec. 18. [Bonds.] When authorized by a two-thirds majority 
 vote of all qualified voters present at an annual or special meeting 
 in a majority of the school districts so united, or if there be but two 
 districts so united, in each, said trustees may issue and negotiate the 
 bonds of said high school district for the purpose of raising money 
 to provide for the erection and furnishing or the improvement of a 
 high school building. The bonds so issued shall not, when added to 
 the aggregate of the bonded indebtedness of the several school dis- 
 tricts so united for high school purposes exceed ten (10;0 per c^-nt. 
 of the aggregate assessed valuation of the said several school districts 
 as shown by the last preceding assessment. [Id., § 10.] 
 
 SUBDIVISION VIT. — COUNTY SUPERINTENDENT. 
 
 Section 1. [Election— Term.] There shall be a county super- 
 intendent in each organized county, whose term of service shall be twj> 
 years, and who shall be elected at the same time and in the same 
 manner as other county officers. No person shall be eligible to the 
 office of county superintendent who does not hold at least a first grade 
 county certificate issued in this state and in force at the time of his 
 election. It shall be the duty of the county clerk to notify the state 
 superintendent of the election of the county superintendent at the time 
 said election is ascertained. The provisions of this act so far as the 
 same relate to the certificate of county superintendent shall not apply 
 to counties having less than 1000 inhabitants. [Amended 1883, chap. 
 LXXII; 1905, S. F. 221.] 
 
 subdivision XIV. — schools in CITIES. 
 
 Sec. 3. [Board of education.] The boards of education con- 
 templated by this subdivision shall consist of six members who shall be 
 elected upon a general ticket from among the legal voters who are tax 
 payers at the time for holding the general city election in each year. 
 At the first election in cities organized under this act two members shall 
 be elected for the term of three years, two for two years, and two for 
 one year, and annually thereafter two members shall be elected for three 
 years and until their successors are elected and qualified and installed 
 in office. Provided, Tliat in cities of the first class having a population 
 of less than forty thousand and more than five thousand inhabitants the 
 board of education shall at the option of the school district consist of 
 nine members who shall be qualified electors of said city, and shall be 
 actual tax payers, who shall be elected at the times and hold their offices 
 for the terms hereinafter prescribed to- wit : At the first annual city elec- 
 
156 ELECTiU-X LAWS UF NEDllASIs^l. 
 
 tion held after organizing under this act, tliroe memljers shall be elected 
 for the term of three years, three for two years, and three for one year; 
 and annualh' thereafter their successors shall be chosen for the term of 
 three years, and ail members so elected shall serve until their successors 
 are duly elected and qualified. Provided further that in cities of the 
 first class having a population of more than forty thousand and less 
 than a hundred thousand, the board of education shall consist of six 
 members who shall be elected in manner following: At the general 
 city election to be held in the year IQOf), and every six years thereafter, 
 there shall be elected two members of said board of education for a term 
 of six years. At the general city election to be held in the year 1907, 
 and every six years thereafter, there shall be elected two memijers of 
 said board of education for a tenn of six years. At the general city 
 election to be held in the year 1909, and every six years thereafter, 
 there shall be elected two members of said board of education for a 
 term of six years. Provided, that incumbents in office whose terms 
 expire subsequent to the general city election of said city for the year 
 1905, shall be privileged to continue in office until their successors are 
 elected and qualified as herein provided; those whose terms shall first 
 expire shall be superseded by those first elected under the provisions 
 of this act. Said members of the board of education shall enter upon 
 the duties of their office on the first Tuesday succeeding their election. 
 In event of a vacancy among the members of said board of education, 
 said vacancy shall be filled by nomination by the mayor and confinna- 
 tion by the City Council, and such appointment shall continue for the 
 unexpired term. [Amended 1885, chap. 80; 1903, H. R. 152; 1905, H. 
 R. 423.] 
 
 Sec. 4. [Elections.] That the ballots for the election of mem- 
 bers of the board of education, for authorizing the issuance of bonds, or 
 the purchase of sites, and erection of buildings, shall in all cases be de- 
 posited in boxes especially prepared for that purpose, and be received 
 and returns made by the regular election board; but the returns for the 
 election of members shall be canvassed in the same manner as provided 
 for in the case of city officers; the returns for the issuance of lionds, pur- 
 chase of sites, and erection of buildings, shall be made to, and canvassed 
 by, the board of education. 
 
 Sec. 8. [Officers.] The term of members elected shall begin 
 with the first Monday in May succeeding their election each year, and 
 the members of the board shall thereupon elect a president and ^^ce- 
 president from their own number, and a secretary either from their own 
 number or outside, in the discretion of the board, and they shall deter- 
 mine the salary of such secretary not to exceed however $720.00 ytev 
 annum, provided that the limitation of salary shall not apply to school 
 districts comprising territor\' within the corporate limits of cities of 
 the first class having a population of more than 40.000 and less than 
 100,000. Each of said officers shall ser\^e for the term of one year or 
 until their successors are elected and qualified. They may also elect at 
 any regular meeting one superintendent of public instruction with such 
 
ELECTION LAWS OE XEBIlASIvA. 157 
 
 salary as the board may deem best, and they may enter into contract 
 with him in accordance with their discretion, for a term not to exceed 
 three years. The election of the officers of the board, of the superintend- 
 ent and teachers, and all elections for filling vacancies on the board 
 shall be by ballot, and no person shall be declared elected except he 
 receive the vote of a majority of all the members of the board. 
 [Amended 1883, chap. LXXII; 1893, chap. 31; 1899, chap. 59, § 3; 1903, 
 II. R. 4-2.] 
 
 Sec. 15. [Vacancies.] That the boards of education shall have 
 power to fill any vacancies which may occur in their body from among 
 the legal voters who are tax payers; Provided, That any vacancy oc- 
 curring more than ten days previous to the annual city election, and 
 leaving an unexpired term of more than one year, shall be filled at the 
 first city election thereafter, and the ballots and returns shall be desig- 
 nated as follows: "to fill unexpired term." [Amended 1883, chap. 
 LXXIL] 
 
 Sec. 24. [Limit of taxation— Bonds.] That the aggregate 
 school tax, exclusive of school bond taxes shall in no one year exceed 
 twenty-five mills; Provided that in cities of the first class having a 
 population of more than forty thousand a school tax, exclusive of school 
 bond taxes, may be levied that will yield a revenue of $150,000 each 
 year. But the board of education may borrow money upon bonds which 
 they are hereby authorized and empowered to issue, bearing a rate of 
 interest not to exceed six per cent per annum, payable annually or semi- 
 annual ly at such place as may be mentioned upon the face of the bonds; 
 which loan shall be paid and reimbursed in a period not exceeding thirty 
 years from the date of said bonds. Provided that no bonds sliall be 
 issued nor the question of issue submitted to the voters without the 
 consent of two-thirds of the members of the board of education, and 
 be offered in the open market and sold to the highest bidder for not 
 less than par value of the dollar; and provided further tha* no bonds 
 shall be issued by the board of education without first submitting the 
 proposition of issuing said bonds at an election called for that purpose, 
 or at any regular election, notice whereof shall be given for at least 
 twenty days in one or more papers published within the district to 
 the qualified voters of the district and if a majority of the ballots cast 
 at sueh election shall be for issuing bonds, said board may issue bonds 
 in such amount as may be named in the election notice. Provided that 
 in cities of the first class having over twenty-five thousand inhabitants 
 if such question is submitted at a special election, it shall require to 
 carrv the same a two-thirds majoritv of the votes cast at said election. 
 [Amended 1893, chap. 31; 1897, chap. 70; 1901, chap. 69; 1903, H. R. 
 482.] 
 
158 ELECTION LAWS OF NEBRASICA. 
 
 SUBDIVISION XIV A. — SCHOOLS IX CITIES OF FIIIST CLASS, 25,000-40,000. 
 
 Sec. 3. [Board of education— Terms.] That the boards of 
 education contemplated by this act shall consist of five members, who 
 shall be elected upon a general ticket from among the legal voters who 
 are freeholders, at the time for holding the general city election. Pro- 
 vided, that the members of boards of education in cities organized under 
 this act, whose terms are unexpired shall hold their offices for the un- 
 expired terms, and until the annual city election of 1904 said boards 
 of education shall consist of six members. At the annual city election 
 of 1903 in cities organized under this act no election shall be held for 
 tlie election of members of the boards of education in said cities. At 
 the annual city election of 1904, held after organizing under this act, 
 there shall be elected two members of the boards of education in said 
 cities, who shall serve for a term of three years and until their succes- 
 sors are elected and qualified; and every third year thereafter their 
 successors shall be elected for a term of three years, and all members 
 so elected shall serve until their successors are elected and qualified. 
 At the annual city election of 1905, held after organizing under this 
 act, there shall be elected three members of the boards of education in 
 said cities, who shall serve for aterm of three years and until their 
 successors shall be elected and qualified; and every third year there- 
 after their successors shall be elected for a term of three years, and 
 all members so elected shall serve until their successors are elected and 
 qualified. It shall be the duty of the mayor of any city organized under 
 the provisions of this act, to give public notice thereof of the number 
 of persons who shall be chosen by them as members of a board of edu- 
 cation for the school district of (name the city) at the annual election 
 for city officers. 
 
 Sec. 4. [Elections— Electors— Women.] That the ballots for 
 the election of members of the board of education, for authorizing the 
 issuance of bonds, or the purchase of sites, and erection of buildings, 
 shall in all cases be deposited in boxes especialy prepared for tluit pur- 
 pose, and be received and returns made by the regular election board; 
 but the returns for the election of members shall be canvassed in the 
 same manner as provided for in the case of city officers; the returns 
 for the issuance of bonds, purchase of sites, and the erection of build- 
 ings, shall be made to, and canvassed by, the board of education. Pro- 
 vided that all women of the age of twenty-one years, who are residents 
 and citizens of the cities included under the provisions of this act, 
 and who have property assessed in their own names, or who have 
 children of school age, shall be entitled to vote for members of the 
 board of education, and upon all matters pertaining to the schools of 
 said cities. Any woman desiring to vote as aforesaid shall not be re- 
 quired to register under the general registration laws apyilying to cities 
 coming under the provisions of this act, but liefore she shall be allowed 
 to vote as aforesaid, she shall be compelled to take the oath before the 
 election board in the precinct in which she desires to vote, that she 
 has been a resident of said precinct for a period of ten days, a resident 
 of said county and city for a period of forty days, and a resident of 
 
ELECTION LAWS OF NEBRASKA. 151) 
 
 the State of Nebraska for a period of six months; that she is twent}"- 
 one years of age, and has property assessed in her own name or has 
 children of school age. 
 
 Sec. 27. [Limit of taxation— Bonds.] That the aggregate 
 scliool ta^, exclusive of school bond taxes, shall in no one year exceed 
 fifteen (15) mills upon all the taxable property of the district, but the 
 board of education may borrow money upon the bonds, which they 
 are hereby autliorized and empowered to issue, bearing a rate of in- 
 terest not exceeding six (6) per ceotum per annum, payable annually 
 or semi-annually at such place as may be mentioned upon the face of 
 sucli bonds; wliich loan shall be paid and reimbursed in a period not 
 exceeding thirty (30) years from the date of said bonds; Provided, 
 That no bonds shall be issued nor question of issue be submitted to 
 the electors without the consent of two-thirds (2-3) of the members 
 of the board of education, and be offered in open market and sold to 
 the highest bidder for not less than par value on each dollar; and 
 Provided, That no bonds shall be issued by the board of education 
 without first submitting the proposition of issuing said bonds, at an 
 election called for that purpose, or at any regular election, notice 
 whereof shall he given for at least twenty (20) days in one or more 
 papers published within the district, and if a majority of the ballots 
 cast on said proposition shall be for issuing bonds, said board may 
 issue bonds in such amount as shall be named in their election notice; 
 Provided, if said question is submitted at a special election it shall 
 require to carry the same a majority of the votes cast at said election. 
 That no s])ecial election for the submission of the proposition of the 
 issuance of bonds shall be called except upon the affirmative vote of two- 
 thirds of the members elected to the board of education. If at any time 
 two-thirds of the members elected to the board of education shall vote 
 to submit the proposition of the issuance of bonds for school purposes, 
 to the electors of the city, the secretary of the board shall certify such 
 vote to the mayor or acting mayor of the city (naming the purpose 
 for which said bonds are to be issued) and within ten days after the 
 receipt of said notice from the secretary, the mayor, or acting mayor, 
 of the city, shall call a special election of the electors of said city to vote 
 upon said proposition. Notice of said election shall be given for at 
 least twenty days in one or more papers published within the district, 
 and said notice shall specify the purpose for which said bonds are to 
 be issued. The returns of said special election shall, be canvassed by 
 the board of education as provided in Section 4 of this act. 
 
 SUBDIVISION XV. — SCHOOL DISTRICT BONDS. 
 
 Sec. 2, [Voting.] No bonds shall be issued until the question 
 has been submitted to the qualified electors of the district, and two- 
 thirds of all the qualified electors present, and voting on the question, 
 shall have declared by their votes in favor of issuing the same, at an 
 election called for the purpose, upon a notice given by the officers of 
 the district, at least twenty days prior to such election. 
 
 Sec. 3. [Petition for submission.] No vote shall be ordered 
 upon the issuance of such bonds, unless a petition shall be presented 
 
160 ELECTION LAWS OF NEBRASKA. 
 
 to the district board, suggesting that a vote be taken for or against 
 the issuing of such amount of bonds as may therein be asked for, to 
 purchase a site for^ or build a school house, or houses, or for furnishing 
 the necessary furniture and apparatus for the same, or for all of these 
 purposes, which petition shall be signed by at least one-third of the 
 qualified voters of such district; Provided, That the board of education 
 in any city of the metropolitan class may order a vote upon the issuance 
 of such bonds, without a petition therefor. [Amended 1887, chap. 75.] 
 
 SUBDIVISION XVIL— SCHOOLS IN METROPOLITAN CITIES. 
 
 Sec. 4. [Board of education.] That the affairs of the school 
 district hereby created shall be conducted exclusively by boards of 
 education, except as otherwise provided by this act. 
 
 Sec. 5. [Same— Election.] That the board of education of 
 metropolitan cities shall consist of fifteen (15) members, who shall be 
 qualified electors of said city, and who shall be actual taxpayers, who 
 shall be elected at the times and hold their offices for the terms herein- 
 after provided on the first Tuesday after tlio v'^i Monday in November 
 of each year and annually thereafter, there siiall be elected five (5) 
 members at large to serve for three (3) years from and including the 
 first Monday of January following their election, or until their suc- 
 cessors are elected and qualified. All persons elected as members of 
 boards of education shall, before the first Monday in January following 
 their election, take and subscribe to the usual oath of office. In case 
 any person so elected shall fail so to do, his or her election shall be 
 void, and the vacancy thereby occasioned shall be filled by the board 
 as hereinafter provided. No vacancy shall by the provisions of this 
 act be created in the membership of any board of education elected 
 under the provisions of an act of the legislature of the state of Ne- 
 braska entitled, ''An act relative to public schools in metropolitan 
 cities," approved March 31, 1887, but such members shall serve out the 
 terms for which they were elected. 
 
 Sec. 13. [Vacancies in board.] That the boards of education 
 shall have power to fill any vacancy which may occur in their body; 
 Provided, That any vacancy occurring more than ten days previous to 
 the annual school election and leaving an unexpired term for more than 
 one year, shall be filled at the first school election- thereafter, and the 
 ballots and returns shall be designated as follows: "To fill unexpired 
 term." 
 
 Sec. 24. [Bonds.] That the board of education may borrow 
 money upon the bonds, which they are hereby authorized and empowered 
 to issue, bearing a rate of interest not exceeding six (6;0 per centum per 
 annum, payable annually or semi-annually, at such place as may be 
 mentioned upon the face of such bonds, which loan shall be paid and 
 reimbursed in a period not exceeding thirty (30) years from the date of 
 said bonds; Provided, That no bonds shall be issued nor question of 
 issue be submitted to the electors without the consent of two-thirds 
 (2-3) the members of the board of education, and be offered in open 
 market, and sold to the highest bidder for not less than par value on 
 
ELECTION liAWS OF NEBRASKA 
 
 161 
 
 each dollar; and provided further, That no bonds shall be issued by the 
 board of education without first submitting the proposition of issuing: 
 said bonds, at an election called for that purpose, or at any regular elec- 
 tion, notice whereof shall be given for at least ten (10) days in one or 
 more daily papers published within the district, to the qualified voters 
 of the district, and if a majority of all the ballots cast upon said bond 
 proposition at such an election shall be for issuing bonds said board 
 may issue bonds in such an amount as shall be named in their election 
 notice. 
 
 Sec. 29. [Elections.] All elections provided for in this act. 
 shall be held in the manner following: 1. The president of the board 
 shall issue his proclamation to the qualified voters of the school district; 
 said proclamation to be published for at least ten (10) days prior to the 
 election in at least one (1) daily paper of general circulation in said 
 school district, setting forth the time when, and place or places where 
 such election will be held, and a full and complete statement of the offi- 
 cers, bond proposition, or question of expenditure to be voted on at said 
 election. 2. At the last regular meeting of the board of education, prior 
 to the election, the president of the board, with the consent of the board, 
 hall appoint three (3) judges and two (2) clerks of election for each 
 •lection district in said metropolitan city, who, before entering upon 
 their duties as such officers, shall take the usual oath or affirmation of 
 office before some person authorized by law to administer oaths, and 
 such oath or affirmation shall be filed with the secretary of the board. 
 (3) If any person so appointed shall not attend at the time and place of 
 holding such election, or shall fail or refuse to qualify as above provided, 
 the electors present at the polls at the hour of eight (8) o'clock A. M. 
 on the day of the election, shall choose some one to fill the vacancy and 
 the person thus chosen shall qualify as before provided. (4). The secre- 
 tary of the board shall prepare duplicate poll books for each election 
 district in the metropolitan city comprised within the school district, 
 and on the morning of the election shall deliver such poll books, together 
 with a ballot box, into the hands of some one of the judges or clerks of 
 election in the several election districts. The poll books shall be in man- 
 ner and form as follows: Poll books of a school election held in the . . . 
 
 election district of the ward in the city of county, 
 
 Nebraska, on the .... day of . . . . , 189 . . , at which time .... and .... 
 and .... were judges, and .... and .... were clerks of said election. 
 The following named persons voting thereat: Each clerk shall take one 
 of the poll books and enter therein the names of the persons voting and 
 the order in which they voted. At the close of the election the judges 
 shall compare the lists, and if found correct they shall certify the same 
 to be a true list of the persons voting at said election. At all elections 
 held under the provisions of this act the registration lists of the last 
 city election shall be used witliout revision, unless said electiens pro- 
 vided for in this act shall be liold at the same time and place as a city, 
 county, or state election, in which case the registration lists of the city, 
 as revised for said city, countv, or state election, shall be used. And it 
 shall be and is hereby made the duty of the city clerk of the metropoli- 
 
162 ELECTION LAWS OF NEBRASKA. 
 
 tan city comprised within the school district to deliver the registration 
 lists of the city for each election district, respectively, into the hands of 
 some one of the judges or clerks of election in said election district be- 
 fore eight (8) A, M. on the da}' of said election, for use at said election, 
 said delivery to be made at the expense of the school district. (5) Im- 
 mediately before the opening of the polls the judges shall open the ballot 
 box at the place of holding the election, and in the presence of tlie 
 electors, and shall see that no ballots are contained therein, after which 
 the box shall be closed. The judges shall then declare the polls open, 
 and shall proceed to take the ballot of any person offering to vote, and 
 if such person's name is, by at least two (2) of said judges, found upon 
 at least two (2) of said registers as a qualified voter, the ballot shall be 
 put into the ballot box, without the name or the names thereon being 
 inspected. The ballot box shall be kept locked and in the presence of 
 the electors until the close of the polls. No more than one (1) of the 
 judges shall be absent at the same time from the room where the election 
 is being held, from the time of opening the polls until the votes shalh 
 have been counted and canvassed. (6) The judges and clerks shall 
 commence to canvass by counting the votes polled, and if the number 
 cast exceed the number of persons voting, the ballots shall be replaced 
 in the box, and after being mixed, as many ballots shall be drawn out 
 and rejected as there shall have been cast exceeding the number of 
 names on the poll books. If the judges find two or more ballots rolled 
 or folded together, they shall reject all of such votes as fraudulent, and 
 if a ballot contains more than one (1) name for any one office, it shall 
 be deemed fraudulent as to all the names for that office, but no further. 
 (7) The clerks shall set down in their poll books the name of every 
 person voted for, and the office for which such person received votes, 
 every bond proposition and every question of expenditure written 
 full, with the number of votes received for such pei'sons and the num- 
 ber of votes cast for and against said bond proposition or question of 
 expenditure, such number to be expressed in words at full length, and 
 the judges and clerks shall certify to the correctness of the same. (8) 
 The judges of election shall then select some one of the judges or clerks 
 as messenger, and such messenger shall convey the registry list, poll- 
 books and ballot box, with the ballots all re]^laced therein to the office 
 of the board of education, within twenty-four (24) hours after the 
 closing of the polls, and said ballots shall be kept in said office and sub- 
 ject to the inspection of any elector for the space of six (6) months. 
 (9) The judges of election shall possess full power and authority to 
 maintain order during any election, and during the canvass of the 
 votes, and may call on any person present to assist in maint;iining 
 order; and if any person shall refuse to obey the reasonable order of 
 the judges, or shall in any manner interfere with the judges or clerks 
 of election, or any of them in the discharge of their duties. su("h person 
 shall be arrested, nnd on conviction thereof, shall be fined not less than 
 one ($1.00) dollar, nor more than fifty ($50.00) dollars, and in addition 
 thereto, may, in the discretion of the court, be imprisoned not to exceed 
 thirty (30) days for every such oii'ense. (10) That the board of edu- 
 
ELECTION LAWS OF NEBRASKA. 163 
 
 cation shall hold a meeting at the hour of 8 P. M. of the Monday suc- 
 ceeding- any elGction provided for in this act, at which time the secretary 
 of the board in the presence of the board and two disinterested electors 
 sbvll open the election returns and the board shall thereupon canvass 
 the same and dechu-e the result of the election as shown thereby, and 
 the secretary of the board shall is^ue certiticatee of election to such per- 
 sons as may be declared elected members of the board of education. 
 (11) Elections provided for by this act other than elections for members 
 of the board ol education, may be held at any time or place in such 
 metropolitan city decided on by a vote of all the members of the board, 
 Prori'icd, That at all elections held under this act there shall be one 
 polling "place in each election district of the city comprised within the 
 school district . (12) At elections for members of the board of education 
 women may vote atter taking the following oath, to be administered by 
 one of the judges of election: ''You do solemnly swear (or affirm) that 
 you are twenty-one (21) years of age, that you have resided in this 
 school district foi forty (40) days last past; that you own real property 
 in the district or personal property that was assessed in your name at 
 the last assessment, or have children of school age residing in the dis- 
 trict, so help you God." (13) Any person offering to vote whose name 
 is not found on two of said registers shall funiish to the said judges of 
 election his affidavit subscribed and sworn to before the secretary of 
 the board of education or before the city clerk or some person desig- 
 nated therefor by the mavor of any city comprised within the school di.<^ • 
 trict, giving his reason for not appearing before the supervisors of 
 registration on any day of reg:istration or revision of registration and. 
 shall also set forth in said affidavit his place of residence, and the facts 
 ner:^ssary to show that he is a qualified voter in said election district, 
 and shall prove before said judges, by the affidavit on oath of at least 
 two freeholders, resident of said election district in which he offers his 
 vote for at least one year immediately preceding said election, that tliey 
 know such person to be an inhabitant and qualified voter of said pre- 
 cinct, and upon filing said affidavit with said judges, and making the 
 proof herein required, such person shall be entitled to vote. Any per- 
 son offering to vote at any election herein provided for may be clial- 
 lenged and the same oaths shall be put as are provided in the general 
 election law. 
 
164 ELECTION LAWS OF NEBRASKA. 
 
 IREIGATION DISTEICTS. 
 
 (Compiled Statutes, 1»05, Chapter 93a, Article IH.) 
 
 Sec. 2. (Same — Petition — Election.) A petition shall be 
 liled with the board of county coir-iiissioners sic^ned by a majority of 
 tlie said electors of the proposed district who shall also own or hold 
 lease hold estates in a majority of the whole number of acres belonging 
 to or held by the electors of the proposed district, which petition shall 
 set forth and particularly describe the l)Oundaries of said district and 
 shall pray that the same be organized under the provisions of this 
 act. The petitioner must accompany the petition with a good and 
 sufficient bond, to be approved by said board of county commissioners 
 or supervisors, in double the amount of the probable cost of organizing 
 such district, conditioned that the bondsmen will pay all said costs in 
 case said organizations shall not be effected. Such petition shall be 
 published for at least two weeks, before the time at which the same 
 is to be presented, in some newspaper printed and published in the 
 county where said petition is presented, together with a notice stating 
 the time of the meeting at which the same will be presented. When 
 such petition is presented, the said board of commissioners or super- 
 visors shall hear the same, and may adjourn such hearing from time 
 to time, not exceeding four weeks in all; and on the final hearing may 
 make such changes in the proposed boundaries as they may find to 
 be proner, and shall estal)lisli and define the boundaries; Provided, 
 that id board shall not modify said boundaries so as to exempt 
 from the operations of this act any territory within the boundaries 
 of the district proposed by said petitioners, which is susceptible of 
 irrigation by the same system of works applicable to the other lands 
 in such proposed district, nor shall any land which will not, in the 
 judgment of said board, be benefited by irrigation by said system be 
 included in such district; Provided, that any person whose lands are 
 susceptible of irrigation from the same source, shall, upon applica- 
 tion of the owner to said board, be entitled to have such lands included 
 in said district. Such board shall also make an order dividing said 
 district into three divisions as nearly equal in size as may be prac- 
 ticable, which shall be numbered first, second and third, and one 
 director shall be elected for each division. Said board of supervisors 
 shall then give notice of an election to be held in such pro- 
 posed district, for the purpose of determining whether or not the same 
 shall be organized under the provisions of this act. Such notice shall 
 describe the boundaries as esta])lished, and shall desi senate a name for 
 such proposed district, and said notice shall be publisliod for at least 
 three weeks prior to such election, in a newspaper in said county; and 
 if any portion of such proposed district lies within another county 
 or counties, then said notice shall be published in a newspaper pub- 
 lished within each of said coimties. Such notice shall require the 
 electors to cast ballots which shall contain the words, "irrigation dis- 
 ti-ict — yes," or ''irrigation district— no," or words equivalent thereto; 
 
ELECTION LAWS OF NEBRASKA. 165 
 
 and also the names of persons to be voted for to fill various elective 
 offices hereinafter prescribed. No person shall be entitled to vote at 
 any election held under the provisions of this act unless he shall be a 
 qualified elector. [Id., § 2. Amended 1903, S. F. 245.] 
 
 Sec. 3. [Same — Canvass of votes — Proclamation.] Such 
 election shall be conducted in accordance with the general election 
 laws of the state. The said board of supervisors shall meet on tlie 
 second Monday next succeeding such election and proceed to canvass 
 the vote cast thereat; and if upon such canvass it appear that "t 
 least a majority of all the votes cast are ''Irrigation District— Yes" 
 the said board shall, by an order entered on their minutes declare 
 such territory duly organized as an irrigation district, under the name 
 and style therefore desi.gnated, and shall declare the persons receiving, 
 respectively, the highest number of votes for such several offices to 
 be duly elected to such offices. Said board shall cause a copy of such 
 order, duly certified, to be immediately filed for record in the office 
 of the county Register of deeds of each county in which any portion 
 of such lands are situated, and must also immediately forward a copy 
 thereof to the clerk of the board of county commissioners or supervisors 
 of each of the counties in which any portion of the district may lie; and 
 no board of county commissioners or supervisors of any county, in- 
 cluding any portion of such district, shall, after the date of the organi- 
 zation of such district, allow another district to be formed including 
 any of the lands of such district, without the consent of the board 
 of directors thereof; and from and after the date of such filing the 
 organization of such district shall be complete, and the officers tliereof 
 shall be entitled to immediately enter upon the duties of their re- 
 spective offices, upon qualifying in accordance with law, and shall 
 hold such offices respectively until their successors are elected and 
 qualified. For the purpose of the election above provided for the said 
 board of supervisors must establish a convenient number of election 
 precincts in said proposed district, and define the boundaries tlioveof, 
 which said precincts may thereafter be changed by the board of 
 directors of such districts. [Id., § 3.] 
 
 Sec. 4. [Officers— Election— Bond.] Immediately upon the 
 compliance of any district with the foregoing sections, the board of 
 county commissioners or supervisors shall call a special election for 
 said districts at which an assessor, a treasurer, and a board of three 
 directors shall be elected. The assessor, treasurer, and the member of 
 said board having the highest nmnber of votes shall be elected for the 
 tewn of three years. The member having the next highest number of 
 votes shall be declared to be elected for two years and the member hav- 
 ing the least number of votes shall be elected for one year. In case of a 
 tie, the term of office of the members tying shall be determined by lot. 
 Each year thereafter, there shall be elected, for a term of three years, 
 one member of said board of directors and every three years thereafter, 
 an assessor and treasurer each of whose term of office shall be three 
 years. The members of said Board shall be nominated by and elected 
 by a majority vote of the electors of the district in which he resides. 
 The regular election of said district sliall be held on the first Tuesday in 
 
166 ELECJTION LAWS OF NEBRASICA. 
 
 February. Within ten days after receiving their certiticates of election, 
 ]iereinafter provided for, said officers shall take and subscribe the offi- 
 cial oath. The assessor shall execute an official bond in the sum of 
 Ji^oOO, the district treasurer an official bond in the sum of not less than 
 *1000 and not less than double the amount of money that may come into 
 his hands, the amount to be determined ])y the board of directors, said 
 bond to be approved by the board of directors, and each member of 
 said board of directors shall execute an official bond in the sum of $1000 
 which bond shall be approved by the county court of said county where 
 such orfi^anization was effected, and after such approval all bonds shall 
 be recorded in the office of the county clerk thereof. All official bonds 
 herein provided shall be in the form prescribed by law for official bonds 
 for county officers, except the obligee named in said bond shall be said 
 fli strict. Tlie officers elected shall assume the duties of their office the 
 first Monday in March after their election, provided all incumbents shall 
 bold their respective offices until their successors are elected and quali- 
 fied, as above provided. [Id., § 4. Amended 1897, chap. 86; 1903, S. 
 F. 245; 1905, H.E. 271.] 
 
 Sec. 5. [Same — Election notice.] Fifteen days before any 
 election held under this act, subsequent to the organization of the 
 district, the secretary of the board of directors shall cause notice to be 
 posted in three public places in each election precinct of the time 
 and place of holding the election, and shall also post a general notice 
 of tlie same in the office of said board, which shall be established and 
 kept at some iixed place to be determined by said board, specifying 
 tlie polling places of each precinct. Prior to the time for posting the 
 notices the board must appoint from each precinct, from the electors 
 thereof, one clerk and two judges, who shall constitute a board of 
 election for such precinct. If the board fails to appoint a board of 
 election, or the members appointed do not attend at the opening of tlie 
 polls on the morning of election, the electors of the precinct present 
 at that hour may appoint the board, or supply the place of an absent 
 member thereof. The board of directors must, in its order appointing 
 tlio board of election, designate the hour and place therein the precinct 
 where the election must be held. [Id., § 5.] 
 
 Sec. 6. [Same— Election officers' duties.] One of the judges 
 shall be chairman of the election board and may: First, administer all 
 oaths required in the progress of an election. Second, appoint judges 
 and clerks, if during the progress of the election any judge or clerk 
 ceases to act. Any member of the board of election, or any clerk 
 tbereof, may administer and certify oaths required to be administered 
 during the progress of an election. Before opening the polls each 
 member of the board must take and subscribe to an oath to faitlifully 
 pei'form the duties imposed upon them by law. Any elector of the 
 precinct may administer and certify such oath. Tbe polls must be 
 opened at eight o'clock on the morning of the election and be kept open 
 until six o'clock p. >r. of the same day. [Id., § 6.] 
 
 Sec. 7. [S?me— Canvass of votes.] No lists, tally pnin^-, or 
 certificate returned from any election shall be set aside or rejected for 
 
ELECTION i.A\VS Oi- .NEBKASKA. 1"* 
 
 Avant of form if it cim be satisfactorily understood The board of 
 directors must meet at its usual place of meeting on the first JSLonday 
 after each election and canvass the returns. If at tlie time of nieetmg 
 vhe returns from each precinct in the district in which the polls were 
 opened have been received the board of directors must then and there 
 proceed to canvass the returns; but if all the returns have not been 
 received the canvass must be postponed from day to day until all t e 
 returns have been received, or until six postponements have been had. 
 The canvass must be made in public and by opening the returns and 
 estimating the vote of the district for each person voted for and de- 
 claring the result tliereof. [Id., § 7.] 
 
 Sec. 8. [Same— Records— Vacancy and term of Oxjce.] The 
 secretnrv of the board of directors must, as soon as the result is 
 declared, enter in the records of such board a statement of such results, 
 which statement must show: First, the whole number of votes cast 
 in the district and in each division of the district. Second, the names 
 of the persons voted for. Thin], the office to fill which each person was 
 voted for. Fourth, the number of votes given in each precinct for each 
 of such persons. Fifth, the number of votes given in the district for 
 each of such persons. The board of directors must declare elected the 
 person having the highest number of votes given for each office. The 
 secretary must immediately make out and deliver to such person a 
 certificate of election, signed by him and authenticated with the seal 
 of the board. In case of a vacancy in the office of assessor or treasurer, 
 the vacancy shall be filled by appointment by the board of directors. 
 In case of a vacancy in the office of member of the board of directors, 
 the vacancy shall be filled by appointment by the board of county 
 commissioners or supervisors of the county where the office of such 
 board is situated. An officer appointed as above provided shall hold 
 his office until the next general election of said district, and until his 
 successor is elected and qualified. [Id., § 8.] 
 
 Sec. 13. (Bonds— Election.) For the purpose of constructing 
 necessary irrigation canals and works, and acquiring the necessary 
 property and riglits therefor, and otherwise carrying out the provisions 
 of this act, the board of directors of any such district must, as soon 
 after such district has been organized as may be practicable, estimate 
 and determine the amount of money necessar^^ to be raised, and shall 
 immediately thereupon call a special election, at which shall be sub- 
 mitted to the electors of such district possessing tlie qualifications 
 prescribed by this act, the question of whether or not the bonds of 
 said district shall be issued and the amount so determined; Provided 
 such bonds shall not be issued for more than the actual estimated cost 
 of said ditches. Notice of such election must be given by postinsc 
 notices in three public places in each election precinct in said district 
 for at least twenty days, and also by publication of such notice in some 
 newspaper, published in the county where the office of the board cf 
 directors of such district is required to be kept, once a week for ai 
 least three successive weeks. Such notice must specify the time of 
 holding the election, the amount of bonds proposed to be issued, and 
 
168 ELECTION LAWS OF NEBRASKA. 
 
 said election must be held, and the result thereof determined and 
 declared in all respects as nearly as practicable in conformity with 
 the provisions of this act governing the election of officers; Provided 
 that no informalities in conducting such an election shall invalidate 
 the same if the election shall have been otherwise fairly conducted. 
 At such an election, the ballots shall contain the words ''Bonds— Yes," 
 or ''Bonds— No" or words equivalent thereto. If a majority of the 
 votes cast are ''Bonds— Yes," the board of directors shall immediately 
 •cause bonds in said amount to be issued; said bonds shall be payable 
 in lawful money of the United States, in installments as follows, to-wit : 
 At the expiration of eleven years not less than five per cent of said 
 l)onds; at the expiration of twelve years not less than six per cent; 
 at the expiration of thirteen years not less than seven per cent; at 
 the expiration of fourteen years not less than eight per cent; at the 
 -expiration of fifteen years not less than nine per cent; at the expira- 
 tion of sixteen years not less than ten p?r cent; at the expiration of 
 seventeen years not less than eleven per cent: at the expiration of 
 '<Mgiiteen years not less than thirteen per cent: at the expiration of nine- 
 teen years not less than fifteen per cent; and for the twentieth year a 
 percentage sufficient to pay off said bonds, and shall bear interest at 
 the rate of six per cent per annum, payable semi-annually on the first 
 day of January and July of each year. The principal and interest 
 shall be payable at the office of the treasurer of the county in which 
 said district was originally organized. Said bonds shall be each of the 
 denomination of not less than one hundred dollars, nor more than five 
 hundred dollars, shall be negotiable in form, executed in the name of 
 the district and signed by the president and secretary, and the seal of 
 district shall be affixed thereto. They shall be numbered consecutively 
 as issued and Ijear date at the time of their issue. Coupons for the 
 interest shall be attached to each bond, signed by the President and 
 Secretary. Said bonds shall express on their face that tliey were 
 issued by the authority of this act, stating its title and date of ap- 
 proval. The Secretary shall keep a record of the bonds sold, their 
 number, date of sale, the price received, and the name of the purchaser. 
 Provided any such district may by a majority vote provide for the 
 issuance of bonds that will mature in any number of years less than 
 twenty and arrange for the pa^nnent thereof in installments at the 
 i?;ame ratio as above provided. [Id., § 13. Amended 1903, S. F. 139.] 
 
 Sec. 28. [Special assessments.] The board of directors may 
 ^t any time, when in their judgment it may be advisable, call a special 
 ■election, and submit to the qualified electors of the district the ques- 
 tion whether or not a special assessment shall be levied for the pur- 
 pose of raising money to be applied for any of the purposes provided 
 for in this act. Such election must be called upon the notice pre- 
 scribed, and the same shall be held and the result thereof determined 
 ?^nd declared in all respects in conformity with the provisions of sec- 
 tion thirteen of this act. The notice must specify the amount of 
 money proposed to be raised, and the purpose for which it is intended 
 to be raised. At such election the ballots shall contain the words, 
 
ELECTION LAWS OF NEBRASKA. 169 
 
 "Assessment— Yes," or "Assessment— No." If a majority of the votes 
 are "Assessment— Yes" the board shall, at the time of the annual levy 
 thereunder, levy an assessment sufficient to raise the amount voted. 
 The rate of assessment shall be ascertained by deducting fifteen per 
 cent for anticipated delinquencies from the aggregate assessed value 
 of the property in the district as it appears on the assessment roll 
 for the current year, and then dividing the sum by the remainder of 
 such aggregate assessed value. The assessment so levied and com- 
 puted to be entered on the assessment roll and upon the tax list by 
 the county clerk, and collected at the same time and in the same manner 
 as other assessments and all revenue laws of this state for the col- 
 lectioc and sale of land for taxes are hereby made applicable to the 
 assessment herein provided for; and when collected said assessment 
 shall be paid over by the county treasurer to the district treasurer for 
 the purpose specified in the notice in such special election. [Id., § 28. 
 Amended 1897, chap. 86, § 8.] 
 
 Sec. 69. [Same— Resolution to change.] If any person in- 
 terested in said district, or the proposed change of its boundaries, slmll 
 show cause, as aforesaid, why such boundaries should not be chan"-*!, 
 and shall not withdraw the same, and if the board of directors doom it 
 for the best interest of the district that the boundaries thereof he so 
 changed as to include therein the lands mentioned in the petition, or 
 some part thereof, tlie board shall adopt a resolution to that elTect. 
 The resolution shall dcsoribe the exterior boundaries of the lands wliicli 
 the board are of the opinion should be included within tlie boundaries 
 of the district when changed. [Id., § 39.] 
 
 Sec. 40. [Same— Election.] Upon the adoption of tho resolu- 
 tion mentioned in the last preceding section the board shall or>]or that 
 an election be held within said district to determine whether the 
 boundaries of the district shall be changed as mentioned in said resolu- 
 tion, and shall fix the time at which such election shall be held, and 
 cause notice thereof to be given and posted and published, and sucli 
 election shall be held and conducted, the returns thereof shall be 
 made and canvassed, and the result of the election ascertained and 
 declared, and all things pertaining thereto conducted in the manner 
 prescribed by said act in case of a special election to determine whether 
 bonds of an irrigation district shall be issued. The ballots cast at said 
 election shall have the words, "For Change of Boundary," or "Against 
 Change of Boundar}^" or words equivalent thereto. The notice of 
 election shall describe the boundaries in such manner and terms that 
 it can be readily traced. [Id., § 40.] 
 
 Sec. 41. [Election— Result— Order.] If at such election a 
 majority of all the votes cast at said election shall be against such change 
 of the boundaries of the district the board shall order that said petition 
 be denied, and shall proceed no further in that matter. But if a ma- 
 jority of such votes be in favor of such change of the boundaries of the 
 district the board shall thereupon order the boundaries of the district 
 be changed in accordance with said resolution adopted by the board. 
 
170 ELECTION LAWS OF NEBRASKA. 
 
 Tlie said order shall describe the entire boundaries of said district, 
 and for that pni^pose the board may cause a survey of such portions 
 thereof to be made as the board may deem necessar>^ [Id., § 41.] 
 
 Sec. 45. [?tedivision of district— Election of officers.] In 
 case of the inclusion of any land within any district by proceedings 
 under this act the board of directors must, at least thirty days prior 
 to the next succeeding general election, make an order re-dividing such 
 district into three divisions, as nearly equal in size as may be practica- 
 ble, which shall be numbered First, Second and Third, and one director 
 shall thereafter be elected by each division. For the purposes of elec- 
 tions the board of directors must establish a convenient number of 
 election precincts in said districts, and define the boundaries thereof, 
 which said precincts may be changed from time to time as the board 
 may deem necessary. [Id., § 45.] 
 
 Sec. 52. [Same-— Order— Election.] If the assent aforesaid 
 of the holders of said bonds be filed and entered of record as afore- 
 said, and if there be objections presented by any person showing cause 
 as aforesaid which have not been withdrawn, then the board may 
 order an election to be held in said district to determine whether an 
 order shall be made excluding said lands from the district as men- 
 tioned in the resolution. The notice of such election shall describe 
 the boundaries of the district should the exclusion of the said lands from 
 such notice shall be publislied for at least two weeks prior to such 
 election in a newspaper published within the county where the office 
 of the board of directors is situated; and if any portion of such terri- 
 tory to be excluded lie within another county or counties, then said 
 notice shall be so published in a newspaper published in each of such 
 counties. Such notice shall require the electors to cast ballots 
 which shall contain the words "For exclusion," or "Against exclu- 
 sion," or words equivalent thereto. Such election shall be conducted 
 in accordance with the general election laws of the state; Provided, That 
 no particular form of ballot shall be required. [Id., § 52.] 
 
 Sec. 53. [Election— Order chang-ing boundaries.] If at such 
 election a majority of all the votes cast shall be against the exclusion 
 of said lands from the district, the board shall deny and dismiss said 
 petition and proceed no farther in said matter; but if a majority of 
 such votes be in favor of the exclusion of said lands from the district 
 the board shall thereupon order that the said lands mentioned in said 
 resolution be excluded from the district. The said order shall describe 
 the boundaries of all the lands which it is proposed to exclude, and 
 said district change the boundaries of the district, and for that pur- 
 pose the board may cause a survey to be made of such portions of the 
 boundaries as the board may deem necessary. [Id., § 53.] 
 
 Sec. 56. [Division of districts.] At least thirty days before 
 the next general election of such district the board of directors thereof 
 shall make an order dividing said district into three divisions, as nearly 
 equal in size as practicable, which shall be numbered, first, second, and 
 third, and one director shall be elected by each division. For the pur- 
 
ELECTION LAWS OF NEBRASKA. 
 
 171 
 
 )>ose of election in such district the said board of directors must es- 
 ..ibiish a convenient number of election precincts, and define tliu 
 boundaries thereof, which said precincts may be changed from time 
 to time, as the board of directors may deem necessary. [Id., § 56.] 
 
 Sec. 58a. [Discontinuance of district.] Whenever a majority 
 of the assessment payers representing a majority of the number of acres 
 of Irrigable land within any Irrigation District organized, or, here- 
 after to be organized under the Act known as House Roll No. 332, Chap- 
 ter 70 of the Session laws of Nebraska, of the year 1805 entitled "An 
 Act to provide for the organization and government of Irrigation Dis- 
 tricts" and now known as Article 3, Chapter 93a of the Eevised vStat- 
 utes, shall petition the Board of Directors to call a special election, 
 for the purpose of submitting to the qualified electors of said Irriga- 
 tion District, a proposition to vote on the discontinuance of said Irri- 
 gation District and a settlement of its bonded and other indetedness, 
 it shall be the duty of said Board of Directors, to call an election, 
 setting forth the object of the same, and to cause a notice of such 
 election to be published in some newspaper in each of the counties in 
 which said District is located, and in which a newspaper is published, 
 for a period of thirty days prior to such election, setting forth the 
 time and place for holding such election in each of the voting pre- 
 cincts in said district, and shall also cause a written or_ printed notice 
 of such election to be posted in some conspicuous place in each of said 
 voting precincts. It shall also be the duty of the directors to provide 
 ballots to be used at said election, on which shall be written or printed 
 the words: "For Discontinuance "Yes", and "For Discontinuance, 
 "No", which ballots shall be placed in the hands of the proper election 
 officers in the several voting precincts of such District prior to the 
 opemng of the polls there on the day of such election, and said elec 
 tion shall be conducted in all respects in the same manner as provided 
 by law for the election of Officers of said District. The return of 
 said election together with the ballots cast thereat shall be certified 
 by the several election boards of such district to the Board of Directors 
 within three days from and after said election, which Board shall on 
 or before the third day after said election canvass such returns and 
 declare the result of such election, which result shall be at once re- 
 corded in the records of said District Board; K a majority of said 
 votes shall be for discontinuance "No" there shall not be another 
 election upon the question of a discontinuance of said District during 
 the year in which such election was held. And if a majority of said 
 votes are for discontinuance "Yes", Then said Board shall immediately 
 notify all persons having claims against said District of the result of 
 such election, and may proceed to adjust, settle and compromise any 
 and all such claims, in whatever form the indebtedness of such dis- 
 trict may be; For the purpose of raising money to pay any and all 
 indebtedness of said District, such Board may sell and dispose of the 
 Canal, Franchises and other property belonging to said District at 
 not less than a valuation to be fixed by a board of three appraisers, 
 
172 ELECTION LAWS OF NEBRASKA. 
 
 one member of which shall be appointed by the Board of Directors of 
 such District. One to be appointed by the Board of County Couunis- 
 sioners of the County in which the said district was originally organ- 
 ized, which two appraisers shall select a third, which board of apprais- 
 ers shall be sworn by the County Clerk of said County, to appraise the 
 Canal Franchises and other property of said District at its cash value; 
 and as soon thereafter as practicable, said appraisers shall make an 
 appraisement, and report in writing their appraisement of all the prop- 
 erty owned by said district, to said board of directors, which Board 
 shall advertise said property for sale at least four weeks in such a 
 manner as in the judgment of the Board shall be to the best interest 
 of the District, and shall state in such advertisement a description of 
 the property, and the time and place when bids in writing for the 
 same shall be opened and considered, and bids orally received and 
 considered, at the time designated in such notice, or as soon there- 
 after as such Board can meet, it shall open and consider all bids re- 
 ceived for the purchase of said property and it shall have the power 
 to reject any and all such bids for such property which are not in the 
 Judgment of said Board a fair and just consideration for said prop- 
 erty, and after bids are thus rejected by said Board, it may by private 
 negotiations vrith any person, persons or corporation sell and convey 
 by deed executed by said Board all of said property for part cash 
 and part in deferred payments bearing the same interest as the bonded 
 indebtedness of such district, and in case said district has no bonded 
 indebtedness the interest upon such deferred payments shall be such 
 as may be agreed upon by said board and the purchaser, not exceed- 
 ing the rate allowed by law. Such deferred payments shall be a lien 
 upon all of the property thus sold by the board which shall have the 
 same force and effect as a mortgage against such property and may 
 when due, be foreclosed in the same manner provided by law for the 
 forecloseure of Mortgages; In addition to such lien, said Board of 
 Directors may require the purchaser of said property to furnish said 
 District with such additional security upon all deferred payments as 
 in its judgment shall make such payments secure, and all Notes, Bonds, 
 Mortgages and other securities shall be made out to and in the name 
 of said Irrigation District, and shall be, together with the money re- 
 ceived by such sale, deposited with the County Treasurer of the County 
 in which the said district was originally organized. And all suits 
 at law or equity brought for the purpose of collecting such evidences 
 of indebtedness, shall be brought in the name of such district by counsel 
 employed by said District Board, and in case said Board shall be dis- 
 organized, such employment shall be by the Board of Commissioners 
 of said County. After a sale of the property and franchises of said 
 district, the board of directors shall with the amount realized from 
 such sale, together with such other funds as such district may have, 
 make settlement, payment and redemption if possible of all outstand- 
 ing bonded and other indebtedness of the District, but shall in no 
 ■case pay more than the market value of such outstanding bonds with 
 
ELECTION LAWS OF XEr.RASKA. 173 
 
 interest up to the time of payment, and in cases where bonds not yet 
 due, cannot be redeemed by reason of the refusal of the owner thereof 
 to surrender them before due, the said board may invest the surplus 
 money of the District after paying all debts that can be paid, in State, 
 County or otber safe bonds, bearing the same or a greater rate of in- 
 terest if possible as the District bonds thus outstanding for the pur- 
 pose of pa^'ing such outstanding bonds of the district when due. In 
 case the amount realized from the sale of said district property to- 
 gether with other money of said district shall be insufficient for the 
 payment of all the indebtedness of said District, Assessments shall 
 continue to be made against the lands included in said district in the 
 manner provided by law for assessments to pay Bonds and other in- 
 debtedness of Irrigation Districts until a sufficient amount is raised 
 to fully pay all obligations of such district. In all cases where Bonds 
 and other obligations of Irrigation Districts shall be issued after the 
 passage of this Act such bonds and obligations shall become subject 
 to redemption by the Board of Directors of any Irrigation District 
 as soon as the property and franchise of such District shall be sold 
 after such district has elected to discontinue as a district as heroin 
 provided. That after all of the property of said District shall be dis- 
 posed of as above provided, and all of the obligations of such district 
 sliall have been paid, the directors of such district shall file in tlie 
 Office of the County Clerk of eacli County in which said district is 
 located, and in the office of the State Board of Irrigation a report at- 
 tested by the Clerk and Seal of said Board, Stating that said District 
 has disposed of its property and franchises, and become disorganized 
 and discontinued, which report shall be recorded in the Miscellaneous 
 record of such counties, and if any person, persons or Corporation hav- 
 ing any claim against said district not settled or disposed of at the 
 time of the filing of such report shall fail and neglect to bring suit 
 upon such claim within five years from the time of the filing of such 
 report such claim or claims shall be forever barred as against such 
 district as well as against all persons and propertv therein. [1903, 
 H. R. 311.] 
 
 FEES. 
 
 (Compiled Statutes, 1905, Chapter 28.) 
 
 Sec. 24. [Officers of election.] The judges and clerks of elec- 
 tion, also the board of canvassers for the county, at all general elec- 
 tions, shall receive the following pay: For each day's service each 
 person shall receive two dollars. The person making the return of the 
 election to the county clerk shall receive the additional sum of five 
 cents for each mile necessarily traveled: Provided, That in cities of the 
 first class judges and clerks of election shall each receive the sum of six 
 dollars for each election held in said city. [Amended 1883, chap. 
 XLIV.] 
 
INDEX. 
 
 . PAGE 
 
 A.s8e88or8 — 
 
 Election 3 
 
 A.ttorney General — 
 
 Election 3 
 
 Duty under corrupt practices act 82 
 
 A.ustralian ballot law 67 
 
 Auditor ot public accounts — 
 
 Election 8 
 
 Ballots— -^ 
 
 For primary elections 31 
 
 Use with voting machines 43 
 
 Expense of, public charge 67 
 
 Public oflScers. dutv regarding 68 
 
 Schedule 'B," instructions for 70 
 
 Schedule "A," form of new Australian ... 70 
 
 Form for initiative and referendum 74 
 
 Furnisliing under initiative and referen- 
 dum 76 
 
 Preparation of, by county or municipal 
 
 clerk 61 
 
 Form, contents, specifications 6"2 
 
 Order of party ticket upon 62 
 
 Directions for marking 62 
 
 Sample and official 62 
 
 Obtaining sample from clerk 63 
 
 Number. 63 
 
 Errors in 64 
 
 Distribution 64 
 
 Delivery to electors 65 
 
 Official not to be taken from booth 66 
 
 Spoiled and unused 66 
 
 Unidentified not deposited in ballot box... 67 
 Not counted when not signed by judges.. 67 
 
 Care and custody of 68 
 
 Not to be removed from polls 69 
 
 Designate office and person 8 
 
 Judge receive from elector 8 
 
 Excessive withdrawn 11 
 
 Double 12 
 
 Defective 12 
 
 Excess of names on 12 
 
 Surname of candidates 12 
 
 Kept twelve mouths by county clerk 14 
 
 Fraudulent 24 
 
 Peddling or printing same 24 
 
 For amendment to constitution 115 
 
 Printing and distribution 116 
 
 For transferring territory 133 
 
 On commissioner election ISii 
 
 Discontinuance town organization 144 
 
 Bounty for wild animals 145 
 
 State boundary bridge bonds 147 
 
 Irrigation districts 164 
 
 Discontinuation of irrigation district 171 
 
 Canvass 165 
 
 PAGE 
 
 Ballot box — 
 
 Examination and custody of. 7 
 
 Provided by county board 9 
 
 Custody of by judge of election 9 
 
 Opening of 11 
 
 Separate for election on constitutional 
 
 amendment 116 
 
 In citie-s of metropolitan class ,..118 
 
 Board of state canvassers — 
 
 Members, duties, etc 13 
 
 Make abstract of vote 14 
 
 Canvass by, to fill vacancy 22 
 
 Canvass of vote on constitutional amend- 
 ment 115 
 
 Bonds — Election for — 
 
 Court house J28 
 
 Street railways 128 
 
 Tax to pay in counties 135 
 
 For interstate exposition 139 
 
 For internal improvements .145 
 
 State boundary bridge 147 
 
 For sanitary districts 149 
 
 In school districts 155 
 
 Cities metropolitan class i-chool purposes .156 
 
 Booths and guard rail 64 
 
 Bounties for destruction of wild animals 145 
 
 Election, ballots 145 
 
 Candidates. See Nominations. 
 
 Campaign expenses — 
 
 Limitation of 78 
 
 Record of, required 79,80 
 
 Statement of, required 79 
 
 Time for payment 80 
 
 Canvass of votes — 
 
 By county clerk 13 
 
 For executive state officers 13 
 
 Ballots not endorsed, not counted 67 
 
 By judges and clerks 11 
 
 By legislature tor state officers 14 
 
 For electors, judges, and regents 13 
 
 By state board to fill vacancy 22 
 
 For county clerk 22 
 
 Upon constitutional amendments 115 
 
 Cities metropolitan class 118 
 
 Cities of first class 120 
 
 Cities first class between 25,000-40,000. ...121 
 
 Cities over 5.000 and less than 25,000 123 
 
 On street railway proposition 129 
 
 In elections for new counties 130 
 
 For relocation county seat 131 
 
 In new counties 133 
 
 On tax proposition •. 135 
 
 Discontinuance township organization 144 
 
 Irrigation districts 164, 165 
 
 (175) 
 
176 
 
 INDEX. 
 
 Cards of inatrnctions — page 
 
 Form of 67 
 
 Furnished and posted in booths 67 
 
 Certificates of nomination — 
 
 Time i)t filing 59 
 
 Objeiiions to 60 
 
 Kuiiotr upon objection 60 
 
 Appeal Irom ruling 60 
 
 Frauiluleut... 67 
 
 Certificiiies of election — 
 
 1— ued by secretary of state IS 
 
 Withheld until statement tiled 81 
 
 Issued by county clerk 14 
 
 Cities of metropolitan class 118 
 
 Cities of first cla-s 121 
 
 Cities over 5,000 and less than 25,000 123 
 
 Certificate of removal 94 
 
 Challenge — 
 
 To voter at polls 9 
 
 Vote rejected when oath not taken 10 
 
 Charges preferred — 
 
 For violation corrupt practices act 81 
 
 Cities of metropolitan class — 
 
 Annexing adjoining cities 118 
 
 Wards, etc 118 
 
 Election districts, etc 118 
 
 Polls, election ofiieers 119 
 
 City officials 119 
 
 City cou[)cil 119 
 
 Cities of first class — 
 
 Election districts in 119 
 
 Justices of peace in 119 
 
 Constables 119 
 
 General city election 120 
 
 City officers, qualifications 121 
 
 Precincts 120 
 
 Electors 121 
 
 Cities from 25,000 to 40 000— 
 
 Election districts in 121 
 
 Genexal city election 122 
 
 Electors, qualifications 122 
 
 Cities over 5,000 and less than 25,000— 
 
 Election districts 123 
 
 Justice and constable 123 
 
 General city election 123 
 
 Certificate of election 124 
 
 Canvass ot vote 121 
 
 Cities of second class and villages — 
 
 Election districts 125 
 
 Councilmen 125 
 
 General city election 125 
 
 Officers, qualifications 126 
 
 Electors, qualifications ~127 
 
 Clerk district court — 
 
 Election 4 
 
 Appointment 4 
 
 Investment of office 4 
 
 Appoint judges and clerks of election 6 
 
 Commissioners, county — 
 
 Provide ballot boxes, etc 7 
 
 Election and districting 136 
 
 Divide county into precincts 138 
 
 Divide county into supervisor districts.... 137 
 
 Tem porary appointments 144 
 
 Submit bonds for internal improvement8,145 
 
 Comini.ssioner public lands and buildings — 
 
 Election 3 
 
 Contesting election — PAOK 
 
 Under corrupt practices act 83 
 
 Groiiiitls of 16 
 
 For exe( utive officers by legislature 17 
 
 Judici il iillicers 17 
 
 County judges 17 
 
 Members of legislature 17 
 
 Questions subiiiitled to vote 17 
 
 County and municipal officers 17 
 
 Notice by elector 17 
 
 Taking testimony •. 17 
 
 Testimony sealed, sent tosec'y of state....- 18 
 
 Ballots transmitted lH 
 
 Meeting ol legislature to hear „ 18 
 
 Openinji pallets before legislature lb 
 
 Evidence preserved 19 
 
 Contest for other than state or legislative, 19 
 
 Coiuplaint and bond filed 19 
 
 Fees, etc 20 
 
 ("ompelling witnesses to testify 20 
 
 Inspection of ballots 20 
 
 Costs, judgment 20 
 
 Tie vote 21 
 
 Ouster 21 
 
 Election declared void 21 
 
 Appeal 21 
 
 Judgment against sureties 21 
 
 Appeal bond 21 
 
 Congressmen — 
 
 Election of 3 
 
 Constitutional amendments — 
 
 Proposed submission IIS 
 
 Publication notice 116 
 
 Ballots, form, etc 115 
 
 Election canvais 115 
 
 Poll books, returns, etc 117 
 
 Constable — 
 
 Election 4 
 
 Arrest at poll 9 
 
 Convention or primary meeting — 
 
 Defined 32 
 
 Coroner — 
 
 Elections 4 
 
 Corrupt practices — 
 
 Act relating to 78 
 
 Defined 78 
 
 Sworn statement of candidate required... 79 
 
 Penalties 81 
 
 Certificate of election not i.'isued 81 
 
 Charges against public officials 81 
 
 Action by attorney general 82 
 
 Election void 82 
 
 Testimony 83 
 
 Counties — 
 
 Organization of new 130 
 
 Transferring territory 133 
 
 Ballots at election for transferring terri- 
 tory 133 
 
 Unorganized territory 133 
 
 New out of existing 133 
 
 County attorney — 
 
 Duties under registration law 1()4 
 
 County board — 
 
 Subtuit sale of public grounds 134 
 
 Submit question of tax 135 
 
 Submit interstate exposition tax ...139 
 
 Submit bounty for wild animals 146 
 
 County buildings — 
 
 Vote upon 135 
 
INDEX. 
 
 177 
 
 County clerk— page 
 
 Furnish cards of instruction 67 
 
 Certificates of nomination filed with 57 
 
 Preserve certificates two j'ears 59 
 
 Kequired to correct errors in ballots 64 
 
 Election 4 
 
 Notice of election by 5 
 
 Canvass of votes by 1:3 
 
 Cenificate of election by 14 
 
 Action in case of tie vote 14 
 
 Action on returns Irom legislative district, 14 
 
 Abstract of vote sent to Lincoln 15 
 
 Canvass of vote for 24 
 
 Certify to secretary of state, new county ...l:')4 
 Issue and register bonds for internal im- 
 provements Ho 
 
 County officers — 
 
 In new counties 134 
 
 County seat — 
 
 Elections for 130 
 
 Relocation of 131 
 
 County tax — 
 
 Submission to people 135 
 
 Disabled voter — 
 
 Receive assistance of judge and clerk 66 
 
 Drinks, cijiars, etc. — 
 
 Candidates forbidden to give away 78 
 
 E 
 Electors^=- 
 
 Soldiers, sailors, and marines 3 
 
 May write upon ballot any candidate's 
 
 name 61 
 
 Directions for marking ballot 65 
 
 Disabled or illiterate 66 
 
 Right to propose ordinances under initia- 
 tive and referendum 73 
 
 Qualifications for general election -3 
 
 Privileged from arrest 3 
 
 Express preference for U. S. senator 5 
 
 Affidavit of, when not registered !) 
 
 Challenge of 9 
 
 Oath when challenged 9 
 
 Questions put to, when challenged 9 
 
 Residence of, defined 10 
 
 In cities of metropolitan class 118 
 
 Cities of first class 121 
 
 Cities from 25,000 to 40,000 122 
 
 Cities over 5,000 and less than 25,000 123 
 
 Cities and villages 127 
 
 In elections for new counties 130 
 
 In town meetings 142 
 
 Electors, presidential — 
 
 Election 5 
 
 Notice served upon Ki 
 
 Meeting and vote 16 
 
 Compensation 16 
 
 Elections — 
 
 Void under corrupt practices act 82 
 
 Election supplies — 
 
 Care and custody of 68 
 
 Electioneering — 
 
 Forbidden in and about polls 68 
 
 Fees— ^ 
 
 Judges and clerks of election 173 
 
 7 
 
 G PAGE 
 
 General election 3-24 
 
 Term fixed by law 3 
 
 Officers elected at 3 
 
 General election laws — 
 
 Applicable to initiative and referendum 
 
 act 73 
 
 Governor — 
 
 Election 3 
 
 Sign certificate of election 15 
 
 Fill vacancies in electoral college 16 
 
 Appoint regent to fill vacancy 22 
 
 Proclamation on constitutional amend- 
 ment 116 
 
 H 
 High school establishment 153 
 
 I 
 
 Initiative and referendum 73 
 
 Act providing for 73 
 
 Right to propose ordinance under 73 
 
 Signers and filing 74 
 
 Submission to voters 74 
 
 Submission to council 74 
 
 Amendment by council 74 
 
 Ballot, form of 74 
 
 Referendum, petition, etc 75 
 
 Submission 75 
 
 Urgent ordinances excepted 75 
 
 Mayor and council no power to alter 76 
 
 Mayor and council submit 76 
 
 Notice of election under 76 
 
 False certificate, etc 76 
 
 Destroying certificate 77 
 
 Unqualified voter, bribery, etc 77 
 
 General election laws applicable 77 
 
 Formsof proposal 77 
 
 Acceptance of act by city 78 
 
 Internal improvements — 
 
 Submission of bonds for 145 
 
 Precinct, town, or village 146 
 
 Interstate expositions — 
 
 Election on bonds for 139 
 
 Irrigation districts — 
 
 Election, organization 164 
 
 Canvass of vote 165 
 
 Officers, canvass, etc 165 
 
 Bonds, election, notice 167 
 
 Change of boundary 170 
 
 Redivisiou of district 170 
 
 Discontinuation of. 171 
 
 J 
 Judges and clerks of election — 
 
 Act providing for appointment 6 
 
 With voting machines ,56 
 
 Duties under registration law luO 
 
 Designation of two to deliver ballots 65 
 
 Assist disabled voter 66 
 
 Post cards of instruction 67 
 
 Deliver ballots to electors 68 
 
 Oath of 5 
 
 Proclaim polls open and closed 5 
 
 Not absent from room duringvoting 7 
 
 Take charge of ballot box 9 
 
 Duty wheie registration 9 
 
 Examination of challenged voter 9 
 
178 
 
 INDEX. 
 
 Judges and clerks of election — Concl'd. page 
 
 Feesof 173 
 
 In cities of first class 1-4 
 
 In villages 125 
 
 Judges — 
 
 yuprerae court — 
 
 Election -^ 
 
 District court — 
 
 Election ^ 
 
 County — 
 
 Election 3 
 
 Justices of the peace — 
 
 P^iection 3 
 
 lu metropolitan cities 4 
 
 Laws- 
 Publication of.. 69 
 
 Modilying ordinance voted by people 76 
 
 Legislature — 
 
 Canvass of votes for state officers by 14 
 
 Try contests of executive officers 17 
 
 Determine contests of its own members.... 17 
 
 Legislative districts — 
 
 Returns from 14 
 
 Liquors — 
 
 At place of registration 104 
 
 Lieutenant governor — 
 
 Election 3 
 
 Mandamus — 
 
 Will lie against secretary of state 60 
 
 Municipal clerk — 
 
 Certify appointment of registration board, 31 
 
 Certificates of" nomination filed with 59 
 
 Preserve certificate two years 5'J 
 
 Required to correct errors in ballots 64 
 
 Publish proposed ordinances under iuitia- 
 
 tiveand referendum 76 
 
 Prepare and furnish ballots 7() 
 
 Violations initiative and referendum act, 77 
 
 Issue certificates, cities first class 1-1 
 
 Issue certificates, over 5,000 1'.24 
 
 Issue certificates, cities second class and 
 
 villages 1-7 
 
 Issue certificate of election upon street rail- 
 way proposition 129 
 
 Oaths and affirmations— Coic/urfed. page 
 
 Administration of ^ 
 
 To challenged voter ^ 
 
 School districts 1^*^ 
 
 61 
 
 69 
 
 Pasters — 
 
 Used in case of death of nominee 
 
 Polls- 
 Police protection at 
 
 Opening andclosing 2 
 
 Proclamation ol. ' 
 
 In cities of metropolitan class ...ll'J 
 
 Cities of firstclass ' 
 
 Cities 25,000 to 40,000 121 
 
 Cities over 5,000 and less than 25,000 l23 
 
 Poll books — 
 
 Form of - ° 
 
 Signed by election board H 
 
 Tally list 12 
 
 Returns of election in 'p 
 
 Careof 1^ 
 
 vSealingand custody by county clerk 1.5 
 
 For election upon constitutional amend- 
 ments 11'^ 
 
 School board election cities metropolitan 
 class 1^0 
 
 Primary registration — 
 
 Act requiring the same 26 
 
 Penalties 26 
 
 Books '■^' 
 
 Officers ;•■ ['^_ 
 
 Expenses ^1, Sti 
 
 Primaries — 
 
 Notice to be given 27, 33 
 
 Defined 26 
 
 Registration. 
 
 N 
 Naturalizing aliens — 
 
 Unlawful under corrupt practices act 86 
 
 Nomination of candidates — 
 
 By committee 57 
 
 Certificate of. 57 
 
 By petition 58 
 
 Fraudulent certificate ()~ I 
 
 Signers of certificates 57' 
 
 Declination of nomination 60 
 
 Vacancy in nomination 61 | 
 
 Death, use of pasters. 61 j 
 
 O 
 
 Oaths and affirmations — 
 
 At primary elections 25 
 
 K<*i:istration board 27 
 
 Witness belore registration board 25 I 
 
 To judges and clerks of election 5 
 
 Australian ballot required 31, 31 
 
 Expenses '^1' "'*' 
 
 Primary election — 
 
 Counties over 125,000 32 
 
 Candidates— How nominated 32 
 
 When and where held 33, :56 
 
 Fraudulent voting at -4 
 
 Rules — • 25 
 
 Challenges 2o, -10 
 
 Bribery at 26, 37 
 
 Qualification of voters at 26 
 
 Penalties 26 
 
 Selection of judges and clerks of election 
 in -^6, 7 
 
 Precinct — 
 
 Number of ballots for, when divided G.i 
 
 Defined for registration 101 
 
 Boundaries "0 
 
 Probate judge — 
 
 Canvass for clerk 24 
 
 Political committees- 
 Defined 8-? 
 
 Treasurer of same ^^3 
 
 Record kept ^^4 
 
 R 
 Registration of voters- 
 Required for party primary 27 
 
 Books for 87,105, 109 
 
 Sui)er visors 87, 105 
 
 Oath of board 88 
 
 Challenges 88, 110 
 
INDEX. 
 
 179 
 
 I 
 
 IJegistration of voters — Concluded. l*AGE 
 
 Oath to witnesses H9 
 
 Vacancy in board 88, lOU 
 
 f-upervi.sors, pay, duties, etc 89, 106 
 
 Time 90, 107 
 
 Removals 92, 111 
 
 Certificate of 95 
 
 Ke vision 96 
 
 Delivery of registers 96 
 
 Copiesof 97 
 
 Use at election 97, 109 
 
 IMaceof 99 
 
 iiights of political parties 99, 112 
 
 .S|)ecial election 100, 112 
 
 •Iiiilues and clerks of election, duties 100 
 
 Falsi^ registration 101, 112 
 
 K'tcords, stealing 102, 113 
 
 FaNc swearing, etc 102, 114 
 
 Hinilning 102, H4 
 
 Dutic oi county attorney 104 
 
 Liquors 104 
 
 Irregularities 104, 115 
 
 Costs and f-xpenses of 105 
 
 Duty o(. judges and clerks under 9 
 
 Returu of election — 
 
 Sent to county clerk 1'.^ 
 
 Jiegents of university — 
 
 Election of 3 
 
 Hemoval — 
 
 Certificate of 10, 11 
 
 Residence — 
 
 Of elector defined 10 
 
 Resignations — 
 
 How made 22 
 
 Road overseer — 
 
 Election 4 
 
 S 
 
 Sanitary districts — 
 
 Vote upon 149 
 
 Trustees 149 
 
 ^Schools — 
 
 District meeting, notice, qualification of 
 
 voters, challenges, 150 
 
 Election of olficers 153 
 
 New district 153 
 
 Vacancy , 157 
 
 Acceptance 153 
 
 High school district 154 
 
 In cities. 155 
 
 Limit of taxation for school purposes 152 
 
 Bonds 157 
 
 In metropolitan cities 160 
 
 School elections — 
 
 Excepted from ballot law 61 
 
 Secretary of state — 
 
 Election 3 
 
 Certificates of nomination filed with 59 
 
 Shall certify to county clerk 59 
 
 Preserve certificates two years 59 
 
 Time of filing certificates 59 
 
 Decision in case of party division 60 
 
 Basis of action national convfention 60 
 
 Prepare tabular statement of vote 15 
 
 Send messenger for delayed returns 15 
 
 Keep abstracts 15 
 
 Record vote 15 
 
 Sign certificate of election 15 
 
 State boundary bridges — page 
 Submission of bonds for 147 
 
 State treasurer — 
 
 Election 3 
 
 Superintendent of public instruction — 
 
 Election 3 
 
 Superintendent county — 
 
 Election 4 
 
 Suffrage. See Electors. 
 
 Surveyor — 
 
 Election 4 
 
 Supervisor township — 
 
 Election 4 
 
 Sheriff- 
 Election 4 
 
 Postelection notices 5 
 
 Special election — 
 
 Revision of registration for 100 
 
 Taxes— "^ 
 
 Submitted to vote of people 135 
 
 Tie vote- 
 In county or precinct oflScers 14 
 
 In contested elections 21 
 
 Township ofiicers — 
 
 Tie vote on 14 
 
 Township organization — 
 
 Election of ofiQcers 3, 4 
 
 Vote upon 140 
 
 Supervisors, election, etc 140 
 
 Change of districts 143 
 
 Discontinuance 144 
 
 Ballots, canvass 144 
 
 Town meetings — 
 
 Notice, organization, etc 141 
 
 Annual, powers, procedure 141 
 
 Electors, challenges 142 
 
 Treasurer, county — 
 
 Election 3 
 
 Ineligible for more than two consecutive 
 terms 5 
 
 U. S. senator — 
 
 Voters express preference for 5 
 
 Preference for 5 
 
 V 
 
 Vacancies — 
 
 Registration board 88 
 
 In nomination, how filled 61 
 
 By death 61 
 
 Events constituting 21 
 
 Manner of filling 22 
 
 Expiration of fixed term 22 
 
 Appointments to fill 21 
 
 Possession of property upon 23 
 
 Filled by election 23 
 
 Congressman or member legislature 23 
 
 Special elections to fill -23 
 
 Canvass of vote in special election to fill... 23 
 
 In village election board 126 
 
 In school boards 157 
 
 Villages — 
 
 Trustees 126 
 
 Election notice 126 
 
 Vacancies in election board 126 
 
 Change from city to village government... 126 
 Electors, qualifications 127 
 
180 
 
 IXDEX. 
 
 Villages — Concluded. page 
 
 Abolition of village government 1"27 
 
 Ballot, form of 127 
 
 Voting — 
 
 Manner of, at general election 43 
 
 Voting machine 43 
 
 Act permitting use of 43 
 
 Question submitted 43 
 
 Secrecy required 45 
 
 Election board 50, 56 
 
 Ballot label 47 
 
 Election — Ilovr conducted 48 
 
 Yoiing— Concluded. paOe 
 
 Custodiaus' duties 49 
 
 Voters — Instruction 5' 
 
 Voters — Disabled 5' 
 
 Returns 52, 53 
 
 W 
 
 Wild animals — 
 
 Election for granting bounties for the 
 destruction of 145 
 
 Women — 
 
 May sign petitions for nominations 58 
 
 Vote at school elections 158