IRLF oi LAWS BELATTNG TO ELECTIONS. [To and including Acts of 1907.] PREPARED BY THE SECRETARY OF THE COMMONWEALTH. BOSTON: WEIGHT & POTTER FEINTING CO., STATE PEINTEES, 18 POST OFFICE SQUARE. 1907. C0mm0ttfo*altjj of LAWS BELATING TO ELECTIONS. [To and including Acts of 1907.] PREPARED BY THE SECRETARY OF THE COMMONWEALTH. BOSTON: WEIGHT & POTTEE FEINTING CO., STATE PEINTEES, 18 POST OFFICE SQUARE. 1907. The copies of this pamphlet which are furnished to city, town and other officers are for their official use, and should be carefully preserved by them and trans- mitted to their successors in office so long as the laws contained in the pamphlet remain in force. CONTENTS. Part 1. General Provisions ....... Qualifications of Voters ...... Assessment of Poll Taxes and Lists of Persons Assessed Registrars of Voters ....... Registration of Voters ...... Voting Lists ........ Listing and Registration of Voters in Boston Sections 1-11 12-14 15-23 24-34 35-59 60-68 69-88 Part 2. Political Committees . 89-93 Provisions Applying to All Caucuses of Political Parties . . . 94-107 Provisions Applying to Caucuses of Political Parties at which Official Ballots are not Used 108-111 Provisions Applying to Caucuses of Political Parties at which Official Ballots are Used 112-143 Joint Caucuses or Primaries of Political and Municipal Parties . . 144-160 Provisions Applying to Caucuses Other than those of Political Parties . 161-164 Nomination of Candidates ......... 165-184 State Ballot Law Commission 185-189 Part 3. Wards and Voting Precincts ...... Election Officers Voting Places . . . . . . Ballot Boxes, Voting Machines, Counting Apparatus and Blanks Preparation and Form of Ballots ..... Information to Voters ....... Delivery of Ballots, Etc Calling of Elections ........ Conduct of Elections ....... Manner of Voting ........ Counting of Votes . . . . . Records and Certificates of Election ..... Recounts of Votes 190-199 200-214 215-216 217-228 229-236 237-241 242-244 245-247 248-258 259-268 269-274 275-298 299-302 1 5394.1 CONTENTS. Part 4. Proceedings in Cases of Failure to Elect, and Vacancies in State Offices Proceedings of Presidential Electors ...... Corrupt Practices ......... Inquests in Election Cases ........ Officers to be Elected at State Elections Sections 303-311 312-313 314-334 335-341 342-354 Part 5. Provisions Applicable to Town Meetings ...... 355-361 Election of Town Officers 362-382 Proceedings in Cases of Failure to Elect, and Vacancies in Town Offices . 383-391 Town Elections at which Official Ballots are Used 392-393 Part 6. Penalties upon Officers Penalties upon Voters General Penalties Repeal of Former Statutes 394-410 411-416 417-455 456 LAWS RELATING TO ELECTIONS. Acts of 1907, Chapter 560. AN ACT TO CODIFY THE LAWS RELATIVE TO CAUCUSES AND ELECTIONS. Be it enacted, etc., as follows: PAKT 1. GENERAL PROVISIONS. SECTION 1. Terms used in this chapter and in stat- 5 e tai ? terms i -i i-i-ii -i / TI denned. utes relative to elections shall be construed as follows, iin- R. L. 11, i, i *^n less other meaning is clearly apparent from language or 1902, 346, 3. context, or unless such construction is inconsistent with }go|; 444'. 1 ' the manifest intent of the legislature : }| 07; 429 ' 1 - " Assessors " shall mean the assessors of taxes of a city R. L. 11, i. or town. " Caucus " shall apply to any public meeting of the R. L. 11, i. voters of a precinct, ward, or town, held under the provi- 1906 - 444 - sions of this chapter for the nomination of a candidate for election, for the election of a political committee or of delegates to a political convention. " Caucus officers " shall apply to chairmen, wardens, R . L. 11, i, secretaries, clerks and inspectors, and, when on duty, to Igo3,454. additional officers appointed or elected, or elected to fill a 1906> 444> 3 - vacancy, and taking part in the conduct of caucuses or primaries. " City election" shall apply to any election held in a R.L. 11, 1. city for the choice of a city officer by the voters whether for a full term or for the filling of a vacancy. GENERAL PROVISIONS. " Cit J officer " sha11 appty to an J P erson to be chosen by the voters at a city election. 1907, 429, 1. Convention " shall apply only to a meeting of dele- gates duly chosen in caucuses, representing two or more subdivisions of the district for which the convention is held. R. L. 11, i. t( Election " shall apply to the taking of a vote upon a proposed amendment to the constitution ; upon the question of granting licenses for the sale of intoxicating liquors ; and upon any other question by law submitted to the voters. " Election officer " shall apply to wardens, clerks, inspec- tors and ballot clerks, and to their deputies when on duty, and also to selectmen, town clerks, moderators and tellers when taking part in the conduct of elections. " Elective office " shall apply to any office to be filled by the voters at any state, city or town election. 1903, 454, 1. ft-\ T i > i IT i ,1 1907, 429, 16. Municipal party shall apply to a party other than a political party which at the preceding city or town elec- tion polled for mayor or a selectman at least three per cent of the entire vote cast in the city or town for that office or, in a city, which files with the city clerk, or in Boston with the election commissioners, at least sixty days before the annual municipal election, a petition to be allowed to place caucus nominations on the official ballot, which peti- tion is signed in person by a number of registered voters of the city equal to at least three per cent of the entire vote polled in the city for mayor at the preceding elec- tion, and so far as municipal elections in a city are con- cerned, such a party shall also be deemed a political party within the meaning of this chapter ; but the term " munic- ipal party " shall be used only with reference to caucuses R L 11 i ^ or th e Domination of city or town officers. 1903; 454. " Official ballot " shall mean a ballot prepared for any election, caucus or primary by public authority and at public expense. " Political committee " shall apply only to a committee elected in pursuance of this chapter. " Political convention " shall apply only to a conven- tion called and held in pursuance of this chapter. " Political party " shall apply to a party which at the preceding annual state election polled for governor at least three per cent of the entire vote cast in the commonwealth for that office, GENERAL PROVISIONS. 1 " Polling place " shall apply to a room or place pro- Certain terms vided by a city or town for an election, caucus, or primary. R. L. 11, i. " Presiding officer " shall apply to the warden or chair- f ^ 4 l man at a caucus, or primary, to the warden, chairman of Jgo|, 346, 3. the selectmen, moderator, moderator pro tempore or town clerk in charge of a polling place at an election, or to a justice of the peace acting as moderator at a town meet- ing; or, in the absence of any such officer, to the deputy warden or the clerk or senior inspector or senior selectman present who shall have charge of a polling place. " Primary " shall apply to a caucus of political parties 1903,454. held under the provisions of sections one hundred and forty-four to one hundred and sixty of this chapter. " Registrars " shall mean the board of registrars of R- L- n, 1. voters of a city or town or the board of election commis- sioners of the city of Boston, when applicable. " State election " shall apply to any election held for the choice of a national, state, district or county officer by the voters, whether for a full term or for the filling of a vacancy. " State officer " shall apply to any person to be chosen at a state election. ' Town election " shall apply to any meeting held for the election of town officers by the voters, whether for a full term or for the filling of a vacancy. ( Town elections or meetings at which official ballots are used " shall be construed to mean town elections or meetings in towns to which section three hundred and ninety-two applies. " Town officer " shall apply to any person to be chosen at a town meeting. 6 Two leading political parties " shall apply to the po- litical parties which cast the highest and next highest number of votes for governor at the preceding annual state election. '* Voter " shall mean a registered male voter. SECTION 2. In all elections of civil officers by the Results of people, the person receiving the highest number of votes dSSSS^ for an office shall be deemed and declared to be elected to R- L- U| 2- such office; and if two or more persons are to be elected to the same office, the several persons, to the number to be chosen to such office, receiving the highest number of votes, shall be deemed and declared to be elected ; but per- sons receiving the same number of votes shall not be deemed 8 GENERAL PROVISIONS. Elections in cities to be on Tuesdays. R. L. 11, 3. Time, how computed in election laws. R. L. 11, 4. Time to be allowed for voting of employees. R. L. 11, 5. 1902, 384, 1. 1904, 334, 1. Sale, etc., of intoxicating liquors on election days. R. L. 11, 6. 1907, 468. Posting 9f lists, notices, etc. R. L. 11, 7. Election com- missioners in Boston, powers and duties of. to be elected if thereby a greater number would be elected than are by law to be chosen. SECTION 3. All elections in cities which by charter or statute are to be held on a Monday, shall be held on the Tuesday next succeeding such Monday. SECTION 4. In computing the period of time prescribed in any statute relating to elections, Sundays and holidays shall generally be included ; but when the last day of such period falls on a Sunday or on a holiday the succeeding day shall be considered the final day of such period; and when the first day of such period falls on a Sunday or on a holiday, the day preceding shall be considered the first day of the period. SECTION 5. No person entitled to vote at an election shall, upon the day of any such election, be employed in any manufacturing, mechanical or mercantile establish- ment, except such as may lawfully conduct its business on Sunday, during the period of two hours after the opening of the polls in the voting precinct or town in which he is entitled to vote, if he shall make application for leave of absence during such period. SECTION . No common victualler having a license of the first, second or third class for the sale of intoxicating liquors and no person, other than a wholesale druggist, having a license therefor of the fourth or fifth class shall sell, give away or deliver on the licensed premises any such liquors on the day on which a state, city or annual town election is held in the city or town in which such premises are situated; and no innkeeper having a license for the sale of intoxicating liquors shall, on the day of any such election, sell, give away or deliver in his inn any such liquors to other than persons who have resorted to his inn for food or lodging; but the provisions of this section shall not apply, in case of an election held in a city on a day other than that of the annual city election therein, to wards in which no election is held. SECTION 7. All lists, notices and copies of laws relat- ing to elections, required by law to be posted, shall be posted at the places in which the voting lists are required by law to be posted, or as near as may be thereto. SECTION 8. All the powers and duties relating to cau- cuses, primaries or elections by law vested in and imposed upon the mayor and aldermen or either of them, the city GENERAL PROVISIONS. 9 clerk or the board of registrars of voters in cities, except- ^03' 454 8 ' ing the power and duty of giving notice of elections, and fixing the days and hours of holding the same, shall, in the city of Boston, be vested in and performed by the board of election commissioners of said city, who shall be subject to all penalties prescribed for failure to perform the said duties. SECTION 9. The board of aldermen of a city, in Boston Ballot boxes, the election commissioners, or the selectmen of a town tions^f^use. may make regulations not inconsistent with the provisions f; L> llf 8> of this chapter relative to the use of ballot boxes and seals, counting and other apparatus, the receiving of ballots and the counting and returning of votes. SECTION 10. If, in a criminal prosecution for the vio- Registration, lation of any law relating to the assessment, qualification deemed be or registration of voters, or to voting lists or ballots or matters pertaining thereto, the defendant relies upon the j invalidity, informality or irregularity of such assessment, qualification or registration, or of such voting lists or bal- lots, or matters pertaining thereto, he shall prove such in- validity, irregularity or informality ; and until such proof, the presumption shall be that such assessment, qualifica- tion or registration, or such voting lists or ballots or mat- ters pertaining thereto, are valid, formal and regular, and in accordance with law; but the validity, regularity or formality of such assessment, qualification or registration of voters, or of such voting lists or ballots, or matters per- taining thereto, may also be proved in any other legal manner. SECTION 11. If, in a criminal prosecution for the vio- Primary, lation of any law relating to primaries, caucuses or elec- SeetSonto be tions or matters pertaining thereto, the defendant relies upon the invalidity, irregularity or informality of any JTTTif caucus, primary or election, or upon the failure or neglect J^ 454 of any officer or person to do any act in relation to any primary, caucus or election or matters pertaining thereto, he shall prove such invalidity, irregularity, informality, failure or neglect; and until such proof, the presumption shall be that such primary, caucus or election or matters pertaining thereto were valid, regular and formal and that such officer or person acted as prescribed by law. The testimony of the clerk of the city or town, or in Boston the election commissioners, wherein it is alleged that such elec- ? n ee criminlf ul! 10 QUALIFICATIONS OF VOTERS. tion was held, or of the presiding officer, secretary or clerk of such primary or caucus, that such primary, election or caucus was actually held, shall be prima facie evidence that the same was regularly and duly held; but the valid- ity, regularity or formality of such primary, caucus or election or matters pertaining thereto may also be proved in any other legal manner. Qualifications of male voters. R. L. 11, 12. Certain per- sons not to be disqualified. Qualifications of female voters. R. L. 11, 13. QUALIFICATIONS OF VOTERS. SECTION 12. Every male citizen of twenty-one years of age or upwards, not being a pauper or person under guardianship, who is able to read the constitution of the commonwealth in the English language and to write his name, and who has resided within the commonwealth one year and within the city or town in which he claims a right to vote, six calendar months last preceding a state, city or town election, may have his name entered upon the list of voters in such city or town, and shall have the right to vote therein in any such election or in any meet- ing held for the transaction of town affairs upon comply- ing with the requirements hereinafter set forth; and, ex- cept as above provided, no male person shall have his name entered upon the list of voters or have the right to vote, except that no person who is prevented from read- ing or writing as aforesaid by a physical disability, or who had the right to vote on the first day of May in the year eighteen hundred and fifty-seven, shall, if otherwise qualified, be deprived of the right to vote by reason of not being able so to read or write; and no person who, having served in the army or navy of the United States in the time of war, has been honorably discharged from such service, if otherwise qualified to vote, shall be dis- qualified therefor on account of receiving or having re- ceived aid from any city or town ; and further, no person, otherwise qualified to vote for national or state officers shall, by reason of a change of residence within the com- monwealth, be disqualified from voting for such officers in the city or town from which he has removed his residence until the expiration of six calendar months from the time of such removal. SECTION 13. Every female citizen having the qualifica- tions of a male voter required by the preceding section may ASSESSMENT OF POLL TAXES, ETC. 11 have her name entered upon the list of voters for school committee, and shall have the right to vote for members of the school committee upon complying with the require- ments hereinafter set forth. SECTION 14. A person qualified to vote in a city or Place ot ~ town divided into wards or voting precincts shall be regis- InTvSS tered and be entitled to vote in the ward or voting pre- R> L - n> 14> cinct in which he resided on the first day of May preced- ing the election, or, if he became an inhabitant of such city or town after such first day of May, in the ward or voting precinct in which he first became a resident. ASSESSMENT OF POLL TAXES AND LISTS OF PERSONS ASSESSED. SECTION 15. The assessors, assistant assessors, or one Assessors to or more of them, shall annually, in May or June, visit mai^pSson every building in their respective cities and towns and, 1 p u 1 t a t x. a after diligent inquiry, shall make true lists containing, as J^L. 11^ nearly as they can ascertain, the name, age, occupation J|^ 2 ^' and residence, on the first day of May in the current year, 1907, '429, and the residence on the first day of May in the preceding year, of every male person twenty years of age or up- wards, residing in their respective cities and towns, liable to be assessed for a poll tax ; and, except in Boston, shall inquire at the residences of the women voters whose names voters. are contained in the list transmitted to them by the regis- trars under the provisions of section forty-four whether such women voters are resident thereat, and shall there- upon make true lists of the women voters found by them. Any inmate of the Soldiers' Home in the city of Chel- sea shall have the same right as any other resident of that 15. city to be assessed and to vote therein. vote in The assessors shall, upon the personal application of an Assessors to assessed person for the correction of any error in their ^T^pi 1 original lists, and whenever informed of any such error, omissions. make due investigation, and, upon proof thereof, correct the same on their books. When informed of the omis- sion of the name of a person who is averred to have lived in the city or town on the first day of May in the current year, and to have been assessed there in the preceding year, they shall make due investigation, and, upon proof thereof, 12 ASSESSMENT OF POLL TAXES, ETC. Applications, etc., to be preserved for two years. Except in Boston to transmit to registrars and collectors, lists, etc. R. L. 11, 16. 1903, 279, 17. Assessors of cities, except Boston, and certain towns to prepare street lists, etc. R. L. 11, 17. 1903, 279, 16. 1904, 294, 1. Lists of to be posted in certain towns. Form and contents of street lists. R. L. 11, 18. 1904, 294, 2. Assessment of persons not previously R. L. 11, 19. 1903, 430, 1. 1904, 294, 3. 1907, 429, 3. supply the omission on their books. They shall cause all applications, certificates and affidavits received by them under this section to be preserved for two years. SECTION 16. The assessors, except in Boston, shall from time to time, and before the fifteenth day of July in each year, transmit to the registrars of voters the lists made as provided in the preceding section, or certified copies thereof, and shall promptly transmit to the regis- trars and to the collector of taxes notice of every addition to and correction in the lists made by them. Every asses- sor, assistant assessor and collector of taxes shall furnish all information in his possession necessary to aid the reg- istrars in the performance of their duties. SECTION 17. The assessors of cities, except in Boston, shall, on or before the fifteenth day of July in each year, and the assessors of towns having over five thousand in- habitants according to the latest census, state or national, shall, on or before the first day of August in each year, prepare street lists containing the names of all persons assessed by them for poll taxes for the current year. Such lists for cities and for towns divided into voting precincts shall be arranged by voting precincts. They shall print such lists in pamphlet form, shall deliver to the registrars as many copies thereof as they may require, and shall hold the remaining copies for public distribution. In all other towns they shall, on or before the first day of August in each year, cause lists of all persons assessed therein for poll taxes to be prepared and conspicuously posted in two or more public places in every such town. SECTION 18. Except in Boston, the assessors shall name or designate in such street lists all buildings used as resi- dences, in their order on the street where they are located, by giving the number or other definite description of each building so that it can be readily identified, and shall place opposite to or under each number or other description of a building the name, age and occupation of every person residing therein on the first day of May of the current year and assessed for a poll tax, and his residence on the first day of May of the preceding year. SECTION 19. If a male person resident in a city or town, except Boston, on the first day of May was not as- sessed for a poll tax, he shall, in order to establish his right to assessment, present to the assessors before the close of registration a statement under oath that he was ASSESSMENT OF POLL TAXES, ETC. 13 on said day a resident of such city or town and liable to pay a poll tax therein, and a list under oath of his polls and estate and shall also produce before the assessors two witnesses, who shall testify, under oath, that they are voters of the ward or town in which such person desires to be registered and that the statement of the applicant is true. A male person who becomes a resident of a city or Certain per- town, except Boston, after the first day of May and de- toTe d r e egis- g sires to be registered as a voter shall present to the asses- p e r e e s enta sors a statement under oath that he has been a resident of such city or town for six months immediately preced- ing the election at which he claims the right to vote, and shall produce before the assessors two witnesses, who shall testify under oath that they are voters of the ward or town in which such person desires to be registered and that the statement of the applicant is true. If the asses- sors are satisfied that such statements are true, they shall, in the first case, assess such applicant for his polls and estate and give him a certificate of assessment, and in the second, give him a certificate that he has been a resident in such city or town the six months preceding such elec- tion, and forthwith notify the registrars of voters of the city or town, if in this commonwealth, where such person resided on the first day of May, that they have given such certificate. SECTION 20. The assessors, except in Boston, shall enter Records to be the name and residence of each person thus assessed or R ep L. n, s, certified in a book provided for that purpose, and opposite lg- Q2 90 L $o each name, the names, occupations and residences of 1903> 279> 16 - the persons who have testified as above provided. In every place where voters are registered, the regis- Copies of sec- trars, in Boston the election commissioners, and in every scribin 6 ' place where oaths are administered as required by this chapter, the assessors, shall post in a conspicuous place a copy of sections four hundred and twenty and four hun- dred and twenty-two, printed on white paper with black ink, in type not less than one quarter of an inch wide. SECTION" 21. The assessors shall hold such day and such evening sessions as shall be necessary to carry out the R- L. 11, 21. provisions of the two preceding sections. SECTION 22. All assessments made in accordance with Assessments ,. . i n i i ji c to be subject section nineteen shall be subject to the provisions of sec- to R. L. 12, tion seventy-four of chapter twelve of the Revised Laws Ul'. 11, 22. 14 REGISTRARS OF VOTERS. Names, etc., of certain per- sons to be sent to registrars or election com- missioners. and shall be entered in the tax list of the collector of taxes and be collected by him according to law. SECTION 23. The city or town clerk or registrar of deaths in each city or town shall, on the first day of every month, and also two days before every election, transmit to the registrars of voters a list of the names of all resi- dents of such city or town of twenty-one years of age or upwards who died in the preceding month or since the date of the list previously transmitted, with a statement of the ward, street and number therein, if any, where such person resided at his death. The prison commissioners of Massachusetts, the penal institutions commissioner of Bos- ton, the pauper institutions trustees of Boston, and the insane hospital trustees of Boston shall, ten days before every state election in Boston, transmit to the election com- missioners of Boston the names of all male persons of twenty-one years of age or upwards who had a last known residence in Boston, and also ten days before every city election in that city, the names of all male and female per- sons of said age or upwards who had such residence and who, at said respective dates, are inmates of the institu- tions under their charge, respectively, except those whose terms of confinement expire before the date of such elec- tion. Such commissioners and trustees shall make diligent inquiry as to the age and residence of inmates of such institutions, and shall, in the case of those coming within the provisions of this section, transmit to the election com- missioners the names and ages of such persons and their residences by street and number, wherever it is possible to do so. The election commissioners shall thereupon make a memorandum in red ink opposite the names of such of said persons as appear upon the voting lists, stating the institutions in which such persons are then confined, and copies of the voting lists containing such memoranda shall forthwith be sent by them to the election officers. REGISTRARS OF VOTERS. Registrars in certain cities, SECTION 24. In every city, except Boston, which, by vote of the city council, approved by the mayor, accepts the provisions of this section, or which has accepted the ic?yo, 44y, 4. 9 p / i n 1*1* R. L. 11, 24. corresponding provisions of earlier laws, or which is now subject to similar provisions of law, there shall be a board REGISTRARS OF VOTERS. 15 of registrars of voters consisting of four persons who shall be appointed by the mayor with the approval of the board of aldermen. When a board of registrars is first appointed after the acceptance of the provisions aforesaid, two regis- trars shall be appointed in March or April next succeed- ing such acceptance for terms respectively of three and four years, beginning with the first day of May next en- suing. The city clerk of such city shall cease to be a city clerk to member of the board of registrars on such first day of Sembe^tc*. May, but the remaining two members of the. existing board of registrars of such city whose terms do not then expire shall continue to hold office for their respective terms of one and two years. In every year succeeding such first appointments, the mayor shall, in March or April, subject to the approval of the board of aldermen, appoint one per- son to be a registrar of voters for the term of four years, beginning with the first day of May next ensuing. The cierktobe board of registrars so constituted shall annually in May elected - before transacting any other business, elect one of its mem- bers as clerk, who shall perform all the duties required by law of a city clerk when acting as clerk of the board of registrars. SECTION 25. In every city except Boston which has Registrar-sin not accepted the provisions of the preceding section or of an^owns! 63 corresponding provisions of earlier laws, and is not now SSfe tmentt subject to similar provisions of law, and in every town 1? L.'ufi 25. having three hundred voters, as provided in the following section, there shall be a board of registrars of voters con- sisting of the city or town clerk and three other persons who shall, in a city, be appointed by the mayor, with the approval of the aldermen, and, in a town, by a writing signed by the selectmen and filed with the town clerk. When a board of registrars is first appointed, the regis- trars shall be appointed in March or April for terms re- spectively of one, two and three years, beginning with the first day of May next ensuing. In March or April in every year succeeding the original appointment, one registrar shall be appointed for the term of three years, beginning with the first day of May next ensuing. SECTION 26. In every town having less than three him- Registrarsin dred voters registered therein for the annual state election, ILL 1 ii w 3 26. the selectmen and the town clerk shall constitute a board of registrars of voters ; but when three hundred voters shall 16 REGISTRARS OF VOTERS. Registrars, political rep- resentation. R. L. 11, 27. Equal repre- sentation to be preserved. R. L. 11, 28. Temporary vacancies. R. L. 11, 29. Registrars, oath of office, compensation. R. L. 11, 30. be so registered, a board of registrars shall, in the succeed- ing year be appointed, as provided in the preceding sec- tion, and shall continue to perform the duties of registra- tion therein until, for three successive years, the number of voters shall be less than three hundred, whereupon, on the first day of May following the annual state election in such third year, such board shall cease to exist and thereafter the selectmen and town clerk shall constitute a board of registrars of voters. SECTION 27. In the original and in each succeeding appointment and in the filling of vacancies, registrars of voters shall be so appointed that the members of the board shall, as equally as may be, represent the two leading political parties at the preceding state election, and in no case shall an appointment be so made as to cause a board to consist of more than two members who, including the city or town clerk, are of the same political party. SECTION 28. If, upon written complaint to the mayor or to the selectmen, it shall appear, after notice and hear- ing, that the city or town clerk, when a member of the board of registrars, and two registrars are of the same po- litical party, the mayor or selectmen, as the case may be, shall remove from office the one of such two registrars having the shorter term. If, upon like proceedings, it shall appear, after notice and hearing, that a registrar of voters, other than the city or town clerk, has ceased to act with the political party which he was appointed to repre- sent, the mayor or selectmen, as the case may be, shall remove him from office. SECTION 29. If a member of the board of registrars shall be disabled by illness or other cause from perform- ing the duties of his office, or shall, at the time of any meeting of said board, be absent from the city or town, the mayor or the selectmen may, upon the request in writ- ing of a majority of the remaining members of the board, appoint in writing some person to fill such temporary vacancy, who shall be of the same political party as the member whose position he is appointed to fill. Such tem- porary registrar shall perform the duties and be subject to the requirements and penalties provided by law for a reg- istrar of voters. SECTION 30. The registrars and assistant registrars hereinafter provided for shall, before entering upon their REGISTRARS OF VOTERS. 17 official duties, each take arid subscribe an oath faithfully to perform the same. They shall receive such compensa- tion for their services as the city council or selectmen may determine; but such compensation shall not be regulated by the number of names registered by them, and a reduc- tion of compensation shall apply only to registrars ap- pointed thereafter. The city council or selectmen shall t ^ e to ro b e m ' provide office room for the registrars, and such aid as they provided. may need. The city or town clerk, when a member of the board of registrars, shall act as clerk thereof, shall keep a full and accurate record of its proceedings and shall cause such notices as the registrars may require to be properly served or posted. SECTION 31. Each registrar shall, unless sooner re- Registrars, moved, hold his office for the term for which he is ap- R r L.n?3 e L pointed and until his successor is appointed and qualified. SECTION 32. A city council, except in the city of Bos- Assistant ton, may authorize the registrars to appoint assistant reg- dfies^except istrars for the term of one year, beginning with the first appointment, day of October, unless sooner removed by the registrars, R tc - L n 32 and they shall, as nearly as may be, equally represent the different political parties. SECTION 33. The registrars in a city authorizing the powers and appointment of assistant registrars may cause the duties R^L 68 !?, 1 ' 33. devolving upon a single registrar to be performed by one or two assistant registrars, and they may designate two assistant registrars, so far as practicable of different politi- cal parties, for the sessions required by law to be held outside of their principal office. The registrars shall make Registrars to suitable regulations for the government of the assistant Jions 6 , etc!' 1 *' registrars, whose doings shall be subject to their revision and acceptance. Assistant registrars shall be subject to the same obligations and penalties as registrars. Regis- trars may remove an assistant registrar, and may fill any vacancy in the number of assistant registrars for the re- mainder of the term. SECTION 34. ^"o person shall be appointed a registrar Registrars, or assistant registrar who is not a voter of the city or town JScl othe? for which he is appointed, who holds an office by election jpifh, 34. or appointment under the government of the United States or of the commonwealth, except as a justice of the peace, notary public, or an officer of the state militia, or who holds an office in the city or town for which he is appointed either 18 REGISTRATION OF VOTERS. by election or by direct appointment of the mayor or of the selectmen. The acceptance by a registrar or assistant registrar of an office which he is prohibited from holding shall vacate his office as registrar or assistant registrar. Rooms for registration. R. L. 11. 35. Sessions of registrars. R. L. 11, 36. 1903, 454. 1907, 429, 4. Session to be held preced- ing first primary or caucus. Sessions in cities. Sessions in towns. Sessions to be held in certain villages or localities upon petition. REGISTRATION OF VOTERS. SECTION 35. Every city and town shall provide the registrars with suitable rooms in which to hold their offi- cial sessions. SECTION 36. The registrars shall hold such day and such evening sessions as the town by a by-law or the city by an ordinance shall prescribe, and such other sessions as they deem necessary. They shall hold at least one session at some suitable and convenient place in every city or town on or before the Saturday last preceding the first caucus or primary pre- ceding the annual state election, to give an opportunity to qualified voters to register. In cities, they shall hold a continuous session from twelve o'clock noon until ten o'clock in the evening on the twen- tieth day preceding the annual state election, and a like continuous session on the twentieth day preceding the an- nual city election. In towns, they shall hold a continuous session from twelve o'clock noon until ten o'clock in the evening on the Saturday last but one preceding the annual state election, and a like continuous session on the Saturday last but one preceding the annual town meeting. In towns divided into voting precincts they shall, not more than twenty days before the annual state election and also not more than twenty days before the annual town meeting, but in each case on or before the last day fixed for registration, hold at least one session at some suitable place within the limits of each voting precinct. In towns not divided into voting precincts, they shall, not more than twenty days before the annual state election and also not more than twenty days before the annual town meeting, but in each case on or before the last day fixed for registration, hold sessions in one or more suitable places. If, in any such town ten or more voters residing in or near a village or locality dis- tant two or more miles from the usual place of registra- tion shall, not less than eighteen days before the annual state election or the annual town meeting, file a petition REGISTRATION OF VOTERS. 19 with the town clerk stating that in such village or locality there are at least ten citizens who are entitled and desire to be registered, the registrars shall hold a session at some suitable place in such village or locality before the last day fixed for registration. The time and place of registra- tion shall be the same for male and female applicants. SECTION 37. In every city, registration shall cease at when reris- i 11 i* L ration Piiu.ll ten o clock in the evening on the twentieth day preceding cease. the annual state election, and at ten o'clock in the evening on the twentieth day preceding the annual city election. In every town, registration shall cease at ten o'clock in the evening on the Saturday last but one preceding the annual state election, and at ten o'clock in the evening on the Sat- urday last but one preceding the annual town meeting. SECTION 38. The registrars shall, in some suitable place, Registration hold a continuous session from twelve o'clock noon until elections? ten o'clock in the evening, on the fourth day, or in Boston R ' L> n> 38 ' on the seventh day, preceding a special election. Regis- tration shall cease at ten o'clock in the evening of the day on which such session is held. SECTION 39. If the final day for registration of voters Registration falls on Sunday or on a holiday, the day preceding such day fails on Sunday or holiday shall be the final day for such registra- holiday r a tion. R.L.11.S39. SECTION 40. Any registrar may, at a place appointed may ermine for registration, on the days and during the hours desig- applicants, nated for the purpose, receive applications for registra- R- L. 11, 40. tion and examine applicants and witnesses under oath ; but all doings of one registrar shall be subject to the re- vision and acceptance of the board. SECTION 41. The registrars shall not, after ten o'clock Not to enter in the evening of a day on which registration is to cease, register any person as a voter until after the next election, tratfon* but they may enter or correct upon the registers the names R C ' L . n, 41. of persons whose qualifications as voters have been ex- amined between the preceding thirtieth day of April and the close of registration. They shall, in every case, re- quire the vote by virtue of which such entry or correction is made to be attested by their clerk. SECTION 42. They shall post or publish notices stating Notices of the places and hours for holding all sessions, the final ses- registration, sions preceding any election, and that after ten o'clock in R C 'L. 11, 42. the evening of the last day fixed for registration they will 20 REGISTRATION OF VOTERS. Records to be kept in , not, until after the next election, add any name to the registers except the names of voters examined as to their qualifications between the preceding thirtieth day of April and the close of registration. SECTION 43. They shall keep in general registers, rec- orc ^ s ^ a ^ P ersons 7 male and female, registered as quali- R. L. i, 43. fied to vote in the city or town. They shall enter therein the name of every such voter written in full, or instead thereof the surname and first Christian name or that name by which he is generally known, written in full, and the initial of every other name which he may have, and also his age, place of birth and residence on the preceding first day of May or at the time of becoming an inhabitant of the city or town after said day, the date of his registra- tion and his residence at such date, his occupation and the place thereof, the name and location of the court which has issued to him letters of naturalization and the date thereof, if he is a naturalized citizen, and any other par- ticulars necessary fully to identify him. The general registers shall have uniform headings in substantially the following form, and blank books suitable for the purpose shall be provided by the secretary of the commonwealth, at cost, to registrars applying for them. Blank books to be fur- nished. Form. 'A K . r B at Date ration. Annual regis- ter, entries, arrangement, etc. R. L. 11, 44. SECTION 44. The registrars shall, after the first day of May, prepare an annual register containing the names of all qualified voters in such city or town for the current year, beginning with such first day of May. Such names shall be arranged in alphabetical order, and, opposite to the name of each voter, his residence on the preceding first day of May or on any subsequent day when he became an inhabitant of the city or town. The registrars shall enter in the annual register every name contained in the lists of persons assessed for a poll tax for the current year, as transmitted to them by the assessors, giving, as the resi- REGISTRATION OF VOTERS. 21 dence of each person on the first day of May, the place at which he was assessed a poll tax; and likewise the name and residence,, as aforesaid, of every woman voter whose name is contained in the list of women voters transmitted to them, as provided in section sixteen: provided, that in Proviso, every case they are able to identify the name so trans- mitted to them as that of a man or woman whose name was borne on the voting list of such city or town at the last preceding election or town meeting. They shall make Registrars to -.,... i . .... i j. r i make in- all inquiries and investigations necessary to identity such quiries, m- person, and they shall not enter in the annual register the name of a person objected to by any registrar until such person has been duly notified and given an opportunity to be heard by them. They shall forthwith enter in the annual register the name of every person whose qualifica- tions as a voter have been determined by them in the cur- rent year and whose name has accordingly been entered in the general register. They shall annually, before the TO transmit fi T c -\/r . ^ n T , r ^ to assessors first day of May, transmit to the assessors a list of the lists of women whose names are contained upon the register of Ttc" 161 ers> voters, with their residences, as they appear on the register of the preceding year. SECTION 45. Every person, male or female, whose name Registration, has not been entered in the annual register in accordance with the preceding section must, in order to be registered as a voter, apply in person for registration and prove that R> L- n> 45> he is qualified to register. SECTION 46. Every male applicant for registration, ex- Male appii- cept in Boston, whose name has not been transmitted to sen t tax P b?n the registrars as provided in section sixteen shall present a ^certificate, tax bill or notice from the collector of taxes, or a certifi- 1963' 279 V&; cate from the assessors showing that he was assessed as a igo6 2 9i' is resident of the city or town on the preceding first day of May, or a certificate that he became a resident therein at least six months preceding the election at which he claims the right to vote, and the same shall be prima facie evi- dence of his residence. In Boston every such applicant whose name has not been transmitted to the election com- missioners as provided by law shall present a certificate from the listing board as provided by law, and the same shall be prima facie evidence of his residence. SECTION 47. The registrars shall examine under oath Applicants for . . ,. ,. , . n registration to an applicant tor registration relative to his qualifications be examined i -, v i ii 11 i i under oath, as a voter, and shall, unless he is prevented by physical etc. 22 REGISTRATION OF VOTERS. R. L. 11, 47. 1903, 474, 2. Registrars to be provided with constitu- tion slips. Applicant to read from slip drawn from box. No person to be registered who fails to read slip, etc. Registration of naturalized citizens. R. L. 11, 48. Registration of minors. R. L. 11, 49. Applicants to be notified of rejection, etc. R. L. 11, 50. disability, or unless he had the right to vote on the first day of May in the year eighteen hundred and fifty-seven, require him to write his name in the general register and to read in such manner as to show that he is neither prompted nor reciting from memory. Eegistrars shall be provided by the secretary of the commonwealth with a copy of the constitution of the commonwealth printed on uni- form pasteboard slips, each containing five lines of said constitution printed in double small pica type. The regis- trars shall place said slips in the box provided by the secretary of the commonwealth, which shall be so con- structed as to conceal them from view. Each applicant shall be required to draw one of said slips from the box and read aloud the five lines printed thereon, in full view and hearing of the registrars. Each slip shall be returned to the box immediately after the test is finished, and the contents of the box shall be shaken up by a registrar before another draAving is made. No person failing to read the constitution as printed on the slip thus drawn shall be registered as a voter. The registrars shall keep said slips in said box at all times. The secretary of the common- wealth shall upon request provide new slips to replace those worn out or lost. SECTION 48. If an applicant for registration is a nat- uralized citizen, the registrars shall require him to produce for inspection his papers of naturalization, and to make oath that he is the identical person named therein, and shall, if satisfied that the applicant has been legally nat- uralized, make upon his papers a memorandum of the date of such inspection. If papers of naturalization have once been examined and record thereof made in the gen- eral register, the registrars need not again require their production. SECTION 49. If, upon examination, the registrars are satisfied that an applicant for registration has all the qualifications of a voter, except that of age, and that he will on or before the day of the next election or town meeting, attain full age, they shall place his name upon the registers. SECTION 50. If the registrars decline to register the name of a person examined for registration and reported to them therefor by a registrar, they shall notify him of their refusal, and give him a reasonable opportunity to be REGISTRATION OF VOTERS. 23 heard by them upon his application. They shall upon the rejection of an applicant forthwith inform him of such rejection. SECTION 51. The registrars shall, from time to time, Revision and T -. . . i ji correction -of revise and correct the general register and the current an- registers. nual register in accordance with any facts which may be f^; lyi.Ys: presented to them. They shall strike therefrom the name of every deceased person which has been transmitted to them by the city or town clerk or the registrar of deaths in accordance with section twenty-three ; but after the name of a voter has been placed upon the current annual regis- ter, they shall not change the place of residence as given thereon, nor, unless the voter has deceased, strike such name therefrom, until they have sent him a notice of their intention so to do and that he may be heard on a certain day named therein. SECTION 52. If a registered voter complains to the reg- illegal or istrars or election commissioners, in writing under oath regSt^ation. in a city fourteen days at least, or in a town four days at f^; \\'^ 5 l: least, before an election or town meeting, that the com- plainant has reason to believe and does believe that a cer- tain person by him therein named has been illegally or in- correctly registered, and setting forth the reasons for such belief, the registrars or election commissioners shall ex- amine into such complaint, and if satisfied that there is sufficient ground therefor, they shall summon the person complained of to appear before them at a certain place and time before the next election or town meeting to an- swer to the matters set forth in the complaint, and the substance of the complaint and a copy of this and the fol- lowing section shall be set forth in the summons. Service Service of of the summons shall be made by an officer qualified to serve civil or criminal process, not more than fourteen nor less than two days before the day named for appearance, by delivering in hand a copy of the summons to the per- son therein summoned, or by leaving it at the place of alleged illegal or incorrect registration, if no later resi- dence of such person appears on the register, and in that event at such later residence if the officer finds that such person resides at such place or later residence, as the case may be, or if he was formerly there and has changed his residence, then by leaving it at the place to which he has moved, if it is within the officer's jurisdiction and can be REGISTRATION OF VOTERS. Examination of persons, etc. R. L. 11, 8, 53. 1903, 474, 5. Notice of error to be transmitted to assessors. R. L. 11, 54. 1903, 279, 19. ascertained by inquiry at such place or later residence ; but if the officer cannot make personal service, and can- not ascertain the residence of the person complained of, the copy of the summons shall be left at such person's last residence, if any, known to the officer within his jurisdic- tion; and the officer shall return the summons to the reg- istrars or election commissioners before the day named for appearance, with the certificate of his doings indorsed thereon. SECTION 53. If a person summoned before the regis- trars or election commissioners to answer to such com- plaint appears before them, they shall examine him under oath, and shall receive other evidence which may be offered in regard to the matters set forth in the complaint, and if satisfied that he is properly registered as a qualified voter they shall enter in the register a statement of their deter- mination upon the facts required for registration. If the registrars or election commissioners are satisfied that he is not a qualified voter in the city or town, they shall strike his name from the register. If they are satisfied that, al- though he is a qualified voter in the city or town, he is illegally or incorrectly registered in a ward or voting pre- cinct other than the ward or voting precinct in which he is required to be registered as provided in section fourteen, and are satisfied as to which ward or voting precinct he is so required to be registered in, and as to his place of resi- dence in such w r ard or voting precinct, they shall change his place of residence as given on the register accordingly. If a person duly summoned as aforesaid does not appear as directed in the summons, the complainant shall produce sufficient testimony to make out a prima facie case, and if this is done the name of the person complained of shall be stricken from the register; but if such person appears be- fore the registrars or election commissioners before the election or town meeting next ensuing and shows sufficient cause for his failure earlier to appear, the hearing shall be reopened and the matter decided on its 'merits, as de- termined from the evidence presented on both sides. The complainant and the person complained of may be repre- sented by counsel, and all witnesses may be cross-exam- ined. SECTION 54. The registrars shall promptly transmit to the assessors of the city or town notice of every error which they shall discover in the name or residence of a VOTING LISTS. 25 person assessed therein. The provisions of this section shall not apply to Boston. SECTION 55. The registrars or election commissioners sessions for shall perform their duties in open session, and not se- STreSSS' to cretly. They shall distinctly announce the name of every }be. n f applicant for registration before entering his name on the R 5 - L - n 8 general register. Their records shall at suitable times be open to public inspection. SECTION 56. All written complaints and certificates Documents to received by the registrars, or election commissioners, and for P two e ye!rs. all other documents in their custody relative to registra- R 6 ' L * n> 8> tion, shall be preserved by them for two years after the respective dates thereof. SECTION 57. A registrar or election commissioner shall f l rd!? a et C c have authority to enforce regularity in all proceedings R,- L. n', 8, before him, and to maintain order in and about the place where a session is held, or applications for registration are received, and to keep the access thereto open and un- obstructed. SECTION 58. The board of police or officer in charge police officers of the police force of a city or town shall, when requested R. L e n m | S 58. by the registrars or election commissioners, detail a suffi- cient number of police officers to attend any meeting held by a registrar in the performance of his duties, and to preserve order and enforce his directions. SECTION 59. The governor, with the advice and con- supervisors sent of the council, shall, on the petition of not less than jfon^ppSnt- ten qualified voters of a city or town, appoint for a term R^'ii ^ 59 of one year, two supervisors of registration for each place of registration therein, one from each of the two leading political parties. They shall attend all sessions or meet- ings for registration held at the places for which they are appointed, and either of them may attach to any book or papers there used for purposes of registration any state- ment touching the truth or fairness of the proceedings which he may deem proper, and may add thereto his sig- nature or other marks for the purpose of identification. VOTING LISTS. SECTION 60. ^Registrars or election commissioners shall, JUSStaT*" 1 from the names entered in the annual register of voters, arrangement, prepare voting lists for use at the several elections to be R/L. n, s, held therein. In such voting lists, they shall place the 26 VOTING LISTS. names of all voters entered on the annual register, and no others, and opposite to the name of each, his residence on the preceding first day of May or at the time of his becom- ing an inhabitant of such place after said day, and in Boston the age of each male voter therein. They shall enter the names of women voters in separate columns or lists. In cities, they shall prepare such voting lists by wards, and if a ward or a town is divided into voting pre- cincts, they shall prepare the same by precincts, in alpha- betical order, or by streets, except that in Boston, the vot- ing lists shall be prepared by streets. In all wards within any Suffolk senatorial district, except in Boston and Chel- i902 i( 348 512 sea > ^ e registrars shall, annually after the closing of reg- istration and before the annual state election, make, by wards or precincts, as the case may be, street lists of voters to be used as the voting list at elections. Names shall be added thereto or taken therefrom as persons are found qualified or not qualified to vote. The said lists shall be in the following form : Street lists in wards within certain Suffolk senatorial .Street. Form. NAME OF VOTER. Residence, Number or Other Desig- nation, May 1, of the Year of Election. Length of Residence in City. PERSONAL DESCRIPTION. Si < i 2 a tc i SrSfn voters SECTION 61. They shall place.at the end of the voting at end 1 ?? e i?st ^ sts ^ eac ^ wai> d> voting precinct or town to be used at a R. L. 11, ei. state election, under a proper heading, the names of all persons who, by changes in city or town boundaries, are not entitled to vote for the whole number of officers to be chosen. vot S mg g iisL. SECTION 62. They shall, at least twenty days before R. L. 11, 62. the annual city or town election, and in every place except Boston, at least thirty days before the annual state elec- tion, and in Boston, except in the years designated for preparing new general registers, twenty-four days at least before the annual state election, cause copies of the voting lists prepared in accordance with the two preceding sec- tions to be posted in their principal office and in one or more other public places in the city or town, and in each precinct therein. VOTING LISTS. 27 SECTION 63. After the voting lists have been posted, registrars shall, within forty-eight hours after a new name has been added to the annual register, cause it to be added R. L. 11, 63. to the lists posted in their principal office. If a city or town shall authorize the registrars to publish the names added to the register, they may, instead of posting them, cause all additional names to be printed in a newspaper published in the city or town, if any, otherwise in a news- paper published in the county in which such city or town is situated. In the years designated for preparing new gen- eral registers in Boston, the election commissioners shall as often as once in each week during the period of such general registration cause to be printed in some newspaper published in said city such names, as near as may be, as shall have been placed upon the general registers during the six days last preceding the date of such publication. SECTION 64. Registrars shall, on the day of an elec- Certificate to tion, give to a voter whose name has been omitted from the MM ofomU voting list, or in whose name or residence, as placed on R Lii e , r 64. the voting list, a clerical error has been made, a certifi- cate of his name and residence, as stated on the annual register, signed by the registrars or a majority of them. On presentation thereof to the presiding election officer Proceedings of the ward, voting precinct or town in which the voter was registered, he shall be allowed to vote, and his name shall be checked on the certificate, which shall be attached to and considered a part of the voting list and returned and preserved therewith. SECTION 65. They shall, before every election and J^JSllJ?* 8 meeting; in a city or town at which voting* lists may be P ol i s - , , . T J . ? ^ , R. L. 11, 65. required to be used, prepare voting lists for each ward, 1906, 444, 7. voting precinct or town in which such election or meeting is to be held, containing the names and residences of all persons qualified to vote therein, as the same appear upon the annual register, and they shall seasonably transmit the same to the election officers in every such precinct, ward or town. Such voting lists shall be in duplicate for TO be in all elections and meetings at which duplicate lists are duphc required to be used. In Boston a copy of the voting list in Boston for each precinct required to be made by section eighty- furnished for six shall also be furnished by the board of election com- officer. P missioners at each primary and at each election to the warden in charge of each polling place for the use of the 28 VOTING LISTS. Returns of assessed polls, registered voters, etc. R. L. 11, 66. In cities where city clerk is not a member of board of registrars. Voting list for use at caucus. R. L. 11, 67. List of voters before a re- division of a city into wards, etc. R. L. 11, 68. police officer in such polling place. Said list shall not be removed from the polling place and shall be returned to the warden immediately after the close of the polls, and he shall immediately transmit the same to the board of election commissioners according to the provisions of sec- tion two hundred and seventy-two. SECTION 66. They shall forthwith, after the final day for registration before an annual state, city or town elec- tion, certify to the secretary of the commonwealth the number of assessed polls, the number of registered male and female voters in the city or town, and in each ward and precinct therein, and the number of persons who by law are entitled to vote for a part only of the whole num- ber of officers to be chosen at a state election in such city or town and in each ward and precinct therein, with the titles of the officers for whom such persons are en- titled to vote. In cities in which the city clerk is not a member of the board of registrars, the registrars shall likewise, after the last day for registration for a city election, certify to the city clerk the number of registered male and fe- male voters in the city, and in each ward and voting- precinct therein. SECTION 67. When a caucus is called the registrars shall, on request of the chairman of the ward or town committee of the party whose caucus is to be held or of the person designated to call the caucus to order, furnish him for use in the caucus a certified copy of the voting list of the town, or of the ward of the city for which the caucus is to be held, as last published, adding thereto the names of voters registered since such publication. SECTION 68. The registrars in every city, after the annual city election in the year nineteen hundred and fourteen, and in every tenth year thereafter, shall, for the purpose of furnishing to the city council and the board of aldermen the information necessary for a new division of the city into wards and voting precincts, deliver to the city clerk before the tenth day of February then next ensuing a list of all male voters therein who were reg- istered for such city election, which shall be so arranged as to show the number of such voters residing in each lot or block surrounded by streets within the limits of such city or within any other subdivision thereof, which the city council or board of aldermen may, before the first REGISTRATION, ETC., IN BOSTON. 29 day of February, designate. The registrars shall like- wise in any other year, upon request of the board of aldermen, furnish, for the purpose of dividing the ward into voting precincts, a list of the male voters of any ward in the city, arranged as aforesaid. LISTING AND REGISTRATION OF VOTERS IN BOSTON. SECTION 69. In Boston there shall be a listing board ^ s composed of the police commissioner of said city and one JgJk' member of the board of election commissioners, who shall 1906, 291, is. annually be appointed by the mayor, without confirmation by the board of aldermen, for the term of one year and who shall belong to that one of the two leading political parties of which said police commissioner is not a mem- ber. In case of disagreement between the two members of said board, the chief justice of the municipal court of the city of Boston, or, in case of his disability, the senior justice of said court who is not disabled, shall for the purpose of settling such disagreement be a member of said board and shall preside and cast the deciding vote, in case of a tie. SECTION 70. The listing board shall, within the first J f ^ e p ^ s . ts seven week days of May in each year, by itself or by police sons, et^. ^ officers subject to the jurisdiction of the police commis- 1904; 245! 2. sioner, visit every building in said city, and after diligent 1906', 291, 'fs; inquiry make true lists, arranged by streets, wards and igovfss?'. voting precincts, and containing as nearly as the board can ascertain, the name, age, occupation and residence on the first day of May in the current year, and the residence on the first day of May in the preceding year, of every male person, twenty years of age or upwards, who is not a pauper in a public institution, residing in said city. Said board shall designate in such lists all buildings used used d is g resi- as residences by such male persons, in their order on the dences to be r , , ? . . designated, street where they are located, by giving the number or etc. other definite description of every such building so that it can be readily identified, and shall place opposite the number or other description of every such building the name, age and occupation of every such male person re- siding therein on the first day of May in the current year, and his residence on the first day of May in the preceding year. The board shall also inquire at the residences of T f ^f n lists the women voters whose names are contained in the list voters. 30 REGISTRATION, ETC., IN BOSTON. Names of informants to be given, etc. To correct errors in lists, etc. Applications, etc., to be preserved for two years. To transmit copies of lists to electi9n commission- ers, etc. 1903, 279, 2. 1904, 245, 3. To prepare printed copies of lists, etc. transmitted to them by the election commissioners under section seventy-six whether such women voters are resident thereat, and shall thereupon make true lists of the women voters found by them. The board shall place in such lists, opposite the name of every such male person or woman voter, the name of the inmate, owner or occupant of the building, or the name and residence of any other person, who gives the information relating to such male person or woman voter. Where such information is given by one person relating to more than one such male person or woman voter re- siding in one building, ditto marks may be used in such lists under the name of the person giving the information, after his name has been once placed opposite the name of such male person or woman voter first written down as residing in such building. The board shall, upon the personal application of a person listed either upon the original or supplementary lists for the correction of any error in their lists, or whenever informed of any such error, make due investi- gation, and upon proof thereof correct the same on their original or supplementary lists, and shall immediately notify the election commissioners of such correction, who shall correct their copies of said lists accordingly and proceed to revise and correct the registers under the provi- sions of section fifty-one. The board shall cause all appli- cations and affidavits received by them under this section to be preserved for two years. SECTION 71. The board shall, on or before the eight- eenth day of May in each year, transmit to the election commissioners certified copies of those parts of the lists prepared as provided in the preceding section, containing the name, age, occupation and residence on the first day of May in the current year, and the residence on the first day of May in the preceding year, of every male person, twenty years of age or upwards, residing in said city, and shall promptly transmit to the election com- missioners notice * of every addition to and correction in the lists made by them. The board shall furnish all in- formation in its possession necessary to aid the election commissioners in the performance of their duties. SECTION 72. The board shall, on or before the first day of July in each year, prepare printed copies of the lists REGISTRATION, ETC., IN BOSTON. 31 prepared for the use of the election commissioners. The JJ|- |J| 1 1- board shall print such lists in pamphlet form by pre- cincts, deliver to the election commissioners as many copies thereof as they may require and hold the remaining copies for public distribution. SECTION 73. If a male person, twenty years of age or Listing of upwards, resident in Boston on the first day of May, was {SSSJSsJy* not listed by the board, he shall, in order to establish his Jgol^yg 4 right to be listed, appear before a member of the board, JJgJ- %&> 5. the superintendent, a deputy superintendent or an in- spector of police, who are hereby authorized to administer oaths for this purpose, and present under oath a state- ment in writing that he was on said day a resident of said city, giving his name, age, occupation and residence on the first day of May in the current year, and his residence on the first day of May in the preceding year. A male person, twenty years of age or upwards, who Certain per- becomes a resident of said city after the first day of May, S'&liXSito and desires to be listed, shall appear before a member of ESKent'in the board, the superintendent, a deputy superintendent or writin s. etc. an inspector of police, who are hereby authorized to ad- minister oaths for this purpose, and present under oath a statement in writing that he became a resident of said city at least six months immediately preceding the election at which he claims the right to vote, giving his name, age, occupation and residence on the above date, and his resi- dence on the first day of May in the preceding year. If the board, after investigation, is satisfied that such Certificate to statements are true, it shall give such applicant a certifi- SrtS^SU, cate that he was a resident of said city on said first day of etc ' May, or a certificate that he became a resident at least six months immediately preceding such election, as the case may be, which certificate shall state his name, age, occu- pation and residence on the first day of May in the current year or on the above date, as the case may be, and his residence on the first day of May in the preceding year; but no such application shall be received later than the Applications first day of September, and no such person shall be listed received or be given such certificate later than the twentieth day of et c an Sept ' September. In every place where oaths are administered for the TO post i purpose of listing the board shall post in a conspicuous place a copy of section four hundred and twenty, printed tion 420. 32 REGISTRATION, ETC., IN BOSTON. Record of applications, etc., to be kept. 1903, 279, 5. 1904, 245, 6. Names and residences of applicants to be printed. Office of police com- missioner to be kept open during certain hours. 1903, 279, 6. Election com- missioners to prepare an- nual register of voters. 1903, 279, 8. 1906, 291, 18. Proviso. To make nec- essary inquiries and investi- gations, etc. on white paper with black ink, in type not less than one quarter of an inch wide. SECTION 74. The board shall enter the date of appli- cation, the name, age, occupation and residence on the first day of May in the current year and the residence on the first day of May in the preceding year, of every such ap- plicant, as above provided, together with the result of its investigation of his application, in a book provided for that purpose, which shall be open for public inspection. Said board shall cause to be printed in some newspaper published in Boston, the name and residence of every such applicant. The names and residences of such applicants shall be printed by wards and precincts within two days after the number of names of such applicants, not printed, reaches fifty ; and on the day when such number is reached, the names to be printed within such two days shall include the names of all such applicants up to the close of business for this purpose in the office of the board on such day. SECTION 75. The police commissioner shall have his office open during such hours as shall be necessary to carry out the provisions of the two preceding sections. SECTION 76. The election commissioners shall, after the first day of May in each year, prepare an annual register containing the names of all qualified voters in Boston for the current year, beginning with such first day of May. Such names shall be arranged by wards and precincts and, opposite the name of each voter, shall be entered his residence on the preceding first day of May or any subsequent day when he became a resident of said city. The election commissioners shall enter in the annual register every name contained in the lists, for the current year, of persons transmitted to them by the listing board, giving, as the residence of each person on the first day of May, the place at which he was listed by said board; and likewise the name and residence, as aforesaid, of every woman voter whose name is contained in the list of women voters transmitted to them under this act: pro- vided, that in every case they are able to identify the name so transmitted as that of a man or woman whose name was borne on the voting list of said city at the last preceding election. They shall make all inquiries and investigations necessary to identify such person, and they shall not enter in the annual register the name of a person UNIVERSITY EEGISTRATION, ETC., IN BOSTON. 33 objected to by any commissioner, until such person has been duly notified and given an opportunity to be heard by them, and shall have appeared and satisfied them of his right to have his name so entered. They shall forth- with enter in the annual register the name of every person whose qualifications as a voter have been determined by them in the current year and whose name has accordingly been entered in the general register. They shall, before TO transmit the first day of May in each year, transmit to the listing yotersTo??t" board a list of the women voters whose names are con- mg boar(L tained upon the register of the preceding year, with their residences, as they appear on said register. SECTION 77. Every person, male or female, whose Applicants for T . T -i ,1 i j registration to name has not been entered in the annual register in apply in per - accordance w r ith the preceding section, must, in order to i903, e 279, 9. be registered as a voter, apply in person for registration and prove that he is qualified to register. SECTION 78. The election department of Boston shall ^kction^rom- be under the charge of a board of election commissioners Boston, ap- . . , r> -T- 1-i-n pointment, etc. consisting of lour citizens and voters of Boston who shall R. L. 11, 69. be appointed by the mayor without confirmation by the board of aldermen; and chapter two hundred and sixty- six of the acts of the year eighteen hundred and eighty- five, and all other acts relating to departments of Boston or the officers and employees thereof, not inconsistent herewith, shall be applicable to said department and the officers and employees thereof. SECTION 79. Said board shall be so selected that two Political rep- members shall always belong to each of the two leading compensation, political parties ; and one member shall annually be ap- R C L. 11, 70. pointed for the term of four years, beginning with the first day of May in the year of his appointment. The mayor shall annually, on or before the first day of May, designate one member as chairman for the year beginning with said day, and may, after notice and hearing, remove any member for cause. The chairman of said board shall receive an annual salary of four thousand dollars, and each of the other commissioners three thousand five hun- dred dollars, or such other salary as the city council may IT -1 J by ordinance prescribe. SECTION 80. Said board shall annually, between the TO appoint first day of May and the first day of October, appoint regStraisof assistant registrars of voters, not exceeding four for each R 0t L rs ii, 71. 34 REGISTRATION, ETC., IN BOSTON. To constitute the Boston ballot law commission, etc. it. i,. 11, 72. To make a new general register of voters in cer- tain years, etc. K. L. 11, 73. 1905, 386, 1. Registration of voters. Additional assistant registrars may be appointed. for the registration of voters to be prepared, etc. R. L. 11, 74. ward, who shall hold office for the term of one year, beginning with the first day of October, unless sooner removed by the election commissioners, and who shall equally represent the two leading political parties. SECTION -81. Said board shall constitute the Boston bal- lot law commission, and shall in all matters relating to objections and questions arising in the case of nominations of candidates for city offices have the powers and perform the duties prescribed for the ballot law commission of the commonwealth ; and when sitting as such, the chief justice of the municipal court of the city of Boston, or in case of his disability the senior justice of said court who is not disabled, shall be a member of said board and shall preside, but shall not vote unless the other commissioners are equally divided; and in every other matter in which the commissioners are equally divided said chief justice shall act with them and shall cast the deciding vote. SECTION 82. Said board shall, between the fifteenth day of June and the first day of October in the year nineteen hundred and eight, and in every twelfth year thereafter, make a new general register of the qualified male voters, which shall be prepared in the manner provided by law for preparing general registers. Changes may be made therein on account of illegal registration, and after the year in which it is made, all laws relating to general reg- isters of voters shall be applicable thereto, and the annual registers and voting lists of said city shall be prepared therefrom in the manner provided by law for preparing annual registers and voting lists in cities. Until the first day of September of the years designated for preparing new general registers, voters may be registered at the central registration office ; and during September said board shall keep open one or more places for registration in each ward, as it shall deem sufficient, where, with the central registration office, registration shall be made daily from eight o'clock in the forenoon to ten o'clock in the afternoon, except on Sunday. In such years of general registration said board may appoint, so as equally tc represent the two leading political parties, such addi- tional assistant registrars as in its judgment may be necessary. SECTION 83. Said board shall prepare books for the registration of the male voters and the general register REGISTRATION, ETC., IN BOSTON. 35 of voters, and the books so prepared shall constitute the general register of voters in said city. Said books shall be in the following form : Street. 3. 4. 5. 6. 9. 10. 11. 12. 1! &a 3 "53 Form. SECTION 87. Said board shall, prior to the annual state Pamp hiet election and prior to the annual city election, prepare in -^{-J^* vot ~ pamphlet form, not less than fifty copies of each voting L. n', 78. list, omitting therefrom everything except the name and residence of the voters, and shall distribute said copies as they may deem best. SECTION 88. Every person upon applying to vote shall, Voter to write T ,11 i jj s r J . & T . ' his name upon when requested by any election officer, write his name in request. a book prepared for the purpose unless the voter declares E " L " n ' 79 " under oath to the presiding officer that he had the right to vote on the first day of May in the year eighteen hundred and fifty-seven and cannot write, or that by reason of blindness or other physical disability he is unable to write. PAET 2. POLITICAL COMMITTEES. SECTION 89. Each political party shall annually elect gj^ a state committee, the members of which shall hold office termite!" for one year from the first day of January next following 137. ' their election and until their successors shall have organ- 38 POLITICAL COMMITTEES. Organization. Lists of mem- bers and officers to be filed. Vacancies. Ward and town commit- tees, election, term, etc. R. L. 11, 81. City com- mittee. City and town com- mittees, or- ganization. Lists of officers and members to be filed. ized. Said committee shall consist of at least one member from each senatorial district, who- shall, except in the Suffolk* senatorial districts, be elected at the convention held for the nomination of a candidate for senator to be voted for in said district at the annual state election. The members of said committee for the Suffolk senatorial districts shall be elected by direct plurality vote in cau- cuses or primaries and the person who in the aggregate of all the ballots cast at all such caucuses or primaries in each district for such members shall receive the highest number of such votes shall be the member elected. The members of the state committee shall, in January, meet and organize by the choice of a chairman, a secretary, a treasurer and such other officers as they may decide to elect. The secretary of the state committee shall, within ten days after such organization, file with the secretary of the commonwealth, and send to each city and town com- mittee, a list of the members of the committee and of its officers. A vacancy in the office of chairman, secretary or treas- urer of the committee or in the membership thereof shall be filled by the committee, and a statement of any such change shall be filed as in the case of the officers first chosen. SECTION 90. Each political party shall, in every ward and town, annually elect a committee to be called a ward or a town committee, to consist of not less than three per- sons, who shall hold office for one year from the first day of January next following their election and until their successors shall have organized. The members of the several ward committees of a polit- ical party in a city shall constitute a committee to be called a city committee. Each town committee shall annually, between the first day of January and the first day of March, and each ward and city committee shall, within thirty days after the beginning of its term of office, meet and organize by the choice of a chairman, a secretary, a treasurer and such other officers as it may decide to elect. The secretary of each city and town committee shall, within ten days after its organization, file with the secre- tary of the commonwealth, with the city or town clerk * See chapter 543, Acts of 1907, printed on page 148. POLITICAL COMMITTEES. 39 and with the secretary of the state committee of the polit- ical party which it represents, a list of the officers and members of the committee. A vacancy in the office of chairman, secretary or treas- Vacancies. nrer of a city, ward or town committee shall be filled by the committee, and a vacancy in the membership of a ward or town committee shall be filled by such committee, and a statement of any such change shall be filed as in the case of the officers first chosen. SECTION 91. Upon a re-division of a city into wards, Ward com- any political party may in the next succeeding calendar oTare-dTv?-* 8 ' year elect its ward committees for such terms, not ex- 5Swrds. ty ceeding the length of the terms for which the former com- R ' L ' n> 82- mittees were chosen, as the city committee existing at the time of calling the caucuses may determine, and thereafter shall elect such committees at the times and for the terms prescribed by law. The caucuses for the choice of such ward committees shall be called by the city committee in existence at the time, and shall be subject to such reason- able notice as said city committee shall determine. SECTION 92. Committees of any party existing at the Organization time when such party at an annual state election first polls for governor three per cent of the entire vote cast in the R ' L ' n> 83 ' commonwealth for that office shall be deemed to be organ- ized under these provisions. SECTION 93. A state, city or town committee may Committees make rules and regulations, not inconsistent with law, for find e its proceedings and relative to caucuses called by it, and etf ulatl ns> may fix the number of persons of whom it shall consist, fg'o^ 225, 492! which number shall be announced in the call for the meet- ing at which they are to be chosen. Each city or town committee may make reasonable regulations, not incon- sistent with law, to determine membership in the party, and to restrain persons not entitled to vote at caucuses from attendance thereat or taking part therein. But no political committee shall prevent any voter from partici- pating in a caucus of its party for the reason that the voter has supported an independent candidate for political office. CAUCUSES. Nominations, etc., by caucuses, fl. L. 11, 85. Certain nom- inations not to be made by caucuses. R. L. 11, 86. Certain cau- cuses to be held on a day designated by the state com- mittee. R. L. 11, 87. 1905, 397. Proviso. Calling of caucuses. Caucuses may be held by precincts in certain cases. 1906, 444, 1. 1907, 429, 15. PROVISIONS APPLYING TO ALL CAUCUSES OF POLITICAL PARTIES. SECTION 94. Except as provided in this chapter, no caucus or meeting shall be entitled to nominate a candi- date for public office whose name shall be placed on the official ballot, to elect delegates to a political convention for the nomination of such candidate, to elect delegates to conventions held for the election of delegates to national conventions for the nomination of candidates for president and vice president of the United States, or to choose a political committee. SECTION 95. No nomination of a candidate to be voted for in an electoral district or division containing more than one town or more than one ward of a city, shall be made by caucuses, except as provided in section one hun- dred and sixty-six of this chapter. SECTION 96. All caucuses of political parties, except primaries and for special elections, for the choice of dele- gates to political conventions which nominate candidates to be voted for at the annual state election, and for the nomination of candidates to be voted for at such election, shall be held throughout the commonwealth on a day desig- nated by the state committee of the political party for which said caucuses are held; and all of said delegates shall be elected, and all of said candidates shall be nom- inated, at one caucus: provided, that in the county of Suffolk such caucuses shall be held on the sixth Tuesday preceding the election. Such caucuses shall be held at the call of the state committee of the political party whose caucuses are to be held, and the chairman and secretary of the state committee of each political party shall, at least twenty-one days before the date on which the caucuses are to be held, forward a copy of the call, with designation of date, to the chairman and secretary of each city and town committee of their party. SECTION 97.* If in a city, except Boston, or town wherein elections are held by precincts, the city or town committee of either of the two leading political parties shall file with the aldermen or selectmen, at least two weeks prior to the time of holding its caucuses, a notice that such party desires to hold its caucuses by precincts, the alder- men or selectmen shall furnish a polling place in each * For provisions relative to the count and canvass of votes, etc. (precinct cau- cuses), see section 170, page 64. CAUCUSES. 41 precinct for the use of such party, as provided in section one hundred and seventeen of this chapter, and the cau- cuses of such party shall be held accordingly. SECTION 98. ISTo two political parties shall hold such Party first, caucuses on the same day. The party first filing with the C aS entitled secretary of the commonwealth the copy of the call as ^ L?iif FS*. above provided shall be entitled to precedence on the days named. SECTION 99. Caucuses relative to a special election shall Caucuses reia- 11-11 ,. ,, ni ^ 1 tive to special be held at such time and place and subject to such reason- elections, able notice as the political committee whose duty it is to provide for holding the same may determine. Calls there- for shall be issued by the chairman and secretary of said political committee. SECTION 100. Every caucus of a political party shall P auc V, s fu .. J * J be called by a be called by a written or printed notice. JNo caucus or written or meeting of a political party not so called shall be recognized etT * as valid under this title. It shall be the duty of the pre- 1903! 474, e. siding officer at a caucus to open such caucus at the hour appointed therefor in the notice thereof. SECTION 101. Notices for caucuses shall apply to all Notices for , ,, , , . . , ,,. , ii caucuses to members 01 the political party calling them, and to them apply only to -i -vr i j j_i P T , members of only. JN'o person having voted in the caucus 01 one polit- political party ical party shall be entitled to vote or take part in the eS ing ti caucus of another political party within the ensuing twelve f^', 129, 9 16. months. Except that voting or taking part in the caucuses of any municipal party by any voter shall not affect his legal right to vote or to take part in the caucuses of any other political party, whether national, state or municipal, for any other election ; and having voted or taken part in the caucuses of another political party for any previous election, whether city, state or national, shall not affect his right to vote or take part in the caucuses of any municipal party. No voter shall be prevented from voting or par- voter may ticipating in any caucus if he takes the following oath takeoath - which shall be administered to him by the presiding officer of the caucus : You do solemnly swear (or affirm) that you are a registered Form of voter in this ward (or town) and have the legal right to vote in this caucus; that you are a member of the political party holding the same, and intend to vote for its candidates at the polls at the election next ensuing; and that you have not taken part or voted in the caucus of any other political party for twelve months last past. 42 CAUCUSES. Person whose right to vote is challenged to take oath, etc. Voting lists to be used. R. L. 11, 92. Persons deemed to be elected or nominated. Delegates to a convention , tie vote, vacancy, etc. R. L. 11, 93. Tie vote for members of ward or town committee, etc. Proceedings in case of failure to elect, etc. Certificates of election, etc. R. L. 11, 94. Such voter may be challenged like any other voter. Any person whose right to vote is challenged for any cause recognized by law shall not be permitted to vote until he has taken the foregoing oath ; and the clerk or secretary of the caucus shall make a record of the admin- istration of said oath to every person who takes the same, which record shall state whether or not said person voted. Said record shall be returned with the proceedings of said caucus and shall be prima facie evidence in any court that such person took said oath and voted in said caucus. SECTION 102. In balloting, the voting lists furnished under the provisions of section sixty-seven shall be used as check lists and no person shall be entitled- to vote or to take part in a caucus whose name does not appear upon said lists. SECTION 103. The persons receiving the highest num- ber of votes in a caucus shall be declared elected or nom- inated. If there is a tie vote for delegates to a convention, or a place unfilled in a delegation, or a vacancy occasioned by inability or neglect of a delegate elected to attend a convention, such vacancies shall be filled only by vote of the remaining members of the delegation at a meeting called for the purpose. Such meeting shall choose a chairman and secretary, and the secretary shall notify the secretary of the convention of the action taken relative to such vacancy, except that, if only one delegate or two delegates were to be elected, the delegate or the remaining delegate, as the case may be, shall fill such vacancy and notify the secretary of the convention of such action. If there is a tie vote for members of a ward or town committee, or for caucus officers, the members or caucus officers elected shall fill the vacancy. If a majority of a delegation, of a ward or town com- mittee, or of caucus officers is not elected, or there is a tie vote for candidates for an elective office, the caucus shall at once proceed to another ballot unless some one present entitled to vote objects ; in which case the caucus shall adjourn to any subsequent day. The hour and place shall, if practicable, be the same as that named in the call. SECTION 104. The presiding officer and secretary or clerk of each caucus shall within three week days after its final adjournment deliver or send to each delegate to a political convention, to each member of a political com- CAUCUSES. 43 mittee, and to each caucus officer a certificate of his election, and to each candidate for an elective office a notice of his nomination. SECTION 105. Returns of all caucuses of political par- ties at which are made any direct nominations for a dis- trict comprising more than one ward or town shall be made a? e m m a a de? ns according to the provisions of section one hundred and o?Suita? tion thirty-seven. In Boston the election commissioners and in u^'is? 8 ! 1 ^' other cities and in towns the registrars of voters shall iQOs! 450! 2; canvass said returns and determine the results thereof. Except that for the purpose of tabulating and determining the results of all such returns for members of the state committee in the Suffolk senatorial districts the chairman of the election commissioners of the city of Boston, the city clerk of the city of Chelsea, and the town clerks of the towns of Revere and Wirithrop, shall constitute a can- vassing board for the first district; the election commis- sioners of the city of Boston and the city clerk of the city of Cambridge shall constitute such board for the second and third districts ; and the election commissioners of the city of Boston shall constitute such board for the remain- ing districts. Said canvassing boards shall meet for such purpose at the office of the election commissioners in Bos- ton at ten o'clock in the forenoon of the Monday preceding the day on which certificates of nomination for senator are required by law to be filed with the secretary of the commonwealth. Said canvassing boards shall tabulate and determine the results of all such returns, and each can- vassing board shall certify to the facts required by law. They shall furnish to the members of the state committee Members of elected in the Suffolk senatorial districts certificates of mftTeesTobe their election and shall send to the secretary of the state cerdfic!t d es W f h committee of each political party the names and residences election, etc. of the members of such party so elected. Recounts of ballots shall be made as provided in section one hundred and thirty-nine. In the case of candidates for a state office Certificates of in a district comprising more than one ward and wholly belied. 11011 to within any one city, the city clerk, or in Boston the elec- tion commissioners, shall file in the office of the secretary of the commonwealth the certificate of nomination required by law. In the case of such candidates for a district not Copies of wholly within any one city or town, each city and town vo C ts tobe clerk in such district, or in Boston the election commis- 44: CAUCUSES. the common- wealth in certain cases. Tie vote in cases of direct nomination, how filled. 1903, 453, 2. Caucuses held preparatory to national conventions, proceedings of. 1904, 179. Proviso. Caucus officers, appointment, etc. Vacancies, etc. sioners, shall file in the office of the secretary of the com- monwealth, in the manner and within the time required by law for filing certificates of nomination, copies of the record of votes for such candidates, and the secretary shall canvass them and determine the results thereof. SECTION 106. If there is a tie vote for any candidate of a political party nominated directly for any office, for a district comprising more than one ward or town, the vacancy shall be filled by a regularly elected general or executive committee representing the election district in which such vote has been cast, or, if no such committee exists, by the members of the ward and town committees in the wards and towns comprising such district, but the vacancy shall be filled only by the choice of one of the candidates receiving such tie vote. SECTION 107. The provisions of law relative to cau- cuses of political parties, except those of sections one hun- dred and forty-four to one hundred and sixty inclusive of this, chapter shall apply to caucuses of such parties held for the choice of delegates to conventions to elect delegates to national conventions for the nomination of candidates for president and vice president of the United States : provided, that such caucuses shall be held by wards or towns, and that in Boston and in cities and towns in which at any caucuses preliminary to the last state election the provisions of sections one hundred and twelve to one hundred and forty-three inclusive, were in force, there shall be appointed by the city or town committees of the several political parties to serve at such caucuses of the respective parties a warden, a clerk, and at least five in- spectors, and, in wards having more than five precincts, such additional inspectors as the city committee may de- termine, such appointments to be made at least ten days, and notice thereof to be sent by the secretary of the com- mittee to the appointees at least seven days, before the date on which the caucuses are to be held. A majority of the caucus officers so appointed present at a caucus may fill vacancies and elect additional inspectors as hereinbefore provided. ]N"o other additional officers shall be appointed. CAUCUSES. 45 PROVISIONS APPLYING TO CAUCUSES OF POLITICAL, PARTIES AT WHICH OFFICIAL BALLOTS ARE NOT USED. SECTION 108. At least two weeks prior to the date on Polling places which caucuses are to be held, the chairman or secretary vkied^etL of the city or town committee shall notify the aldermen or R> L> n> 95> the selectmen respectively of such date, and said alder- men or selectmen shall, at the expense of the city or town, provide polling places for said caucuses, in case of a city, not less than one for each ward; and shall, at least ten days prior to the date of said caucus, give said chairman or secretary notice of the places so provided. SECTION 109. Notice of caucuses, signed by the chair- Notices of man and secretary, shall be issued by each city and town R. L. 11,' 96. committee not less than seven days prior to the day on l which they are to be held. The notices shall state the place where, and the day and hour when, the several caucuses are to be held. They shall be conspicuously posted in at least five places on the highways or streets, and if practicable, in every post office in the city or town, or shall be published at least twice in one or more local newspapers, if there are any. The hour fixed for calling the caucus to order shall not be later than eight o'clock in the evening. The notice shall designate by name or office the person who shall call such caucus to order, and he shall preside until a chairman is chosen. If he is absent at the time appointed, any member of the ward or town committee present shall call the caucus to order and preside until a chairman is chosen. The first business in First business, order shall be the choice of a chairman, a secretary and such other officers as the meeting may determine. ~No Certain P er- in 7v> . sons not to person shall serve as a caucus officer at any caucus in serve as which he is a candidate for an elective office, or for a cauc nomination to an elective office. SECTION 110. A ballot shall be taken for the choice Ballot to be of any candidate, delegate or member of a political com- R. L.II, 97. mittee, to be selected by such caucus, and the polls shall be kept open at least thirty minutes. SECTION 111. The secretary of each caucus shall forth- Ballots and with, after the ballots cast therein have been counted, transmit the said ballots and the check list used at the caucus to the city or town clerk, as the case may be, who J^- 33-5* 98- shall preserve them for ten days. If during said time ten 46 CAUCUSES. Ballots, etc. to be pre- served, etc. In case of contest, etc., ballots to be preserved until finally determined. Recount of ballots. voters entitled to vote in said caucus shall file with said clerk a written request so to do, he shall preserve the ballots and voting lists for three months, and shall produce the same if required by any court of justice or convention having jurisdiction or authority over the same. If within three week days after any caucus a person who has received votes thereat for nomination or election to any office, delegation or political committee shall file a statement in writing with the said clerk, claiming an election or nomination or declaring an intention to con- test the election or nomination of any other person, the clerk shall preserve the ballots for such nomination or office until the claim or contest has been finally determined. The clerk shall immediately give notice in writing to the persons affected and to the chairman and secretary of the caucus, fixing a time within twenty-four hours there- after and a place at which said ballots will be recounted. The chairman and secretary of the caucus shall, at said time and place, recount said ballots and determine the questions raised. Each candidate affected may be present during such recount, or may be represented by an agent appointed by him in writing. If it shall appear upon a recount that persons were nominated or elected other than those declared to have been nominated or elected, certifi- cates of such change shall be made as in the case of the original certificate. Calling, etc., of caucuses at which official ballots are used. R. L. 11, 99. Calling of cau- cuses for pur- pose of voting on question of adoption. R. L. 11, 100, PROVISIONS APPLYING TO CAUCUSES OF POLITICAL PARTIES AT WHICH OFFICIAL BALLOTS ARE USED. SECTION 112. All caucuses for the election of caucus officers, of delegates to a convention, of a political com- mittee, or for the nomination of candidates for any state or city office in any city or town held by a political party which has adopted the provisions of law for the use of official ballots shall be called and held as hereinafter pro- vided. SECTION 113. Any city or town committee shall, at the written request of fifty voters, members of its party, call caucuses of said party to determine by ballot whether the provisions of law for the use of official ballots shall be adopted. The notice of said caucus shall state the purpose for which it is called, the place, the day and the hour, CAUCUSES. 47 not earlier than six o'clock and not later than half-past seven o'clock in the evening, of holding said caucus. It shall be issued at least seven days prior to the day named therefor, and shall be published at least twice in one or more local newspapers, if there are any, and shall be posted in at least five public places in each ward or town. The polls shall be kept open at least one hour. If said caucuses shall vote to adopt said provisions, all caucuses of said political party in said city or town shall thereafter be called and conducted accordingly. SECTION 114. A political party in a city or town which has accepted said special provisions may, not less than one year after the date of the caucus wherein such provisions were adopted, revoke such action at a caucus called and held in the manner provided in the preceding section. Upon the adoption of said provisions or upon the revoca- Notice of tion of such adoption, the secretary of the city or town |ied n to committee of such political party shall, within ten days thereafter, file with the secretary of the commonwealth and with the clerk of the city or town and the secretary of the state committee of the political party so voting, a notice thereof. SECTION 115. All such caucuses of a political party for certain cau- the choice of a political committee in cities, for the choice hefdmTsame of candidates for a city or town election, and for the 5^, n 102 . choice of delegates to a convention to nominate candidates for such election, except caucuses relating to a special election, shall be held on the same day in each city and town. The city or town committee shall fix the days for city or town holding all caucuses mentioned in this section, and all calls for the same shall be issued by its chairman and secretary. No two political parties shall hold their caucuses on the p ar ty first same day. The party first filing a copy of the call for a clnLTitiedto caucus with the city or town clerk, shall be entitled to P recedence - precedence as to the day so fixed. SECTION 116. Notices of caucuses in said cities or Notices of towns shall state the place where and the day and hour con?af n eS ce?tain when nomination papers shall be issued; the place where ^ ormatlon - and the earliest day and hour when such nomination R - L - n - 104 - papers may be filed, which time shall be not less than twenty-four week-day hours succeeding three o'clock of the day fixed for issuing such papers ; the place where 48 CAUCUSES. Polling places, etc., to be provided. R. L. 11, 105. 1906, 444, 2. Voting may proceed in two or more lines in certain Seven days' notice to be given by city and town committees, etc. R. L. 11, 106. Blank nom- ination papers to be pro- vided, etc. R. L. 11, 107. and the day and hour prior to which such nomination papers shall be filed; and the day on which the several caucuses will be held, and shall be issued not less than eighteen days prior thereto. SECTION 117. At least two weeks prior to the day named for a caucus, the chairman or secretary of the city or town committee shall give notice of such date to the aldermen or to the selectmen, or in Boston to the election commissioners, who shall, at least ten days prior to such date, notify the city or town committee of the places selected for holding the caucuses, and shall, at the expense of the city or town, provide polling places, in a city not less than one for each ward, and in cities and towns where elections or caucuses are held in voting precincts, one in each of such precincts, and furnish them with booths, reg- istering ballot boxes, guard rails and the like, as they are arranged for state elections. If twenty-five voters of a ward or of a town shall request in writing at least twelve days before any caucus of the political party to which they belong, the aldermen or select- men shall so arrange the polling place of such ward or town as to allow voting to proceed in two or more lines at the caucus. SECTION 118. At least seven days prior to the day named for a caucus, the city or town committee shall issue a notice that such caucus will be held, stating the place, the day and the hour of holding the same. The hour shall not be earlier than two o'clock in the afternoon nor later than half-past seven o'clock in the evening. Notices rel- ative to the filing of nomination papers or for caucuses shall be published at least twice in one or more local news- papers if there are any. SECTION 119. The city or town shall provide, and the city or town clerk or election commissioners shall season- ably prepare, for each political party, blank nomination papers for use in the different wards of the city or in the town. Such papers shall state the place where, and the day and hour prior to which, signed nomination papers shall be filed. On the back of each, sections one hundred and twenty to one hundred and twenty-six, inclusive, shall be printed. They shall be delivered to the chairman or secretary of the political committee for whose use they have been prepared, and to no other person. CAUCUSES. 49 SECTION 120. Nominations of candidates for elective Nominations offices, for delegates to a convention, for caucus officers, ^ nomination for a ward or town committee, and in the Suffolk sena- torial districts for members of a state committee, to be ' - - voted for at a caucus, shall be made by nomination pa- pers, as hereinafter provided. Such nominations shall be made on the blank nomination papers prepared and de- livered in accordance with the preceding section; and no nomination paper offered for filing shall be received or shall be valid to which is attached any card, paper or other device containing the name of a candidate, his written acceptance, or the signature of any voter required by this section. Such papers shall be signed in person by at least signatures* five voters of the ward or town in which the caucus is to be held, who shall be members of the political party holding the caucus, and who shall add to their signatures the street and number, if any, of their residences. Such papers for a district composed of more than one ward or town shall be signed by a number of voters equal in the aggregate to not less than five voters for each ward or town in said district. Nomination papers shall not contain a larger number of names of candidates than there are persons to be elected. No nomination paper in Boston, and no nom- Acceptance to ination paper in any other city or town except for a dele- hfatioiT^pers gate or delegates to a convention, shall be valid in respect etc> to any candidate whose written acceptance is not thereon. No vacancy caused by the death, withdrawal or ineligi- bility of any of the above candidates in Boston, and no such vacancy in any other city or town, except for a delegate or delegates to a convention, shall be filled in the manner provided by law, unless the person entitled to fill such vacancy files the written acceptance of the candidate who is nominated to fill the vacancy. SECTION 121. The nomination paper for an elective Certain infor- office shall give the name of the candidate, the street and bTSvenTon- number, if any, of his residence, and may, in not more candidates for than eight words, state his occupation, the public offices office^ 6 he has held or that he is a candidate for renomination, JV fej 1 ^- i-ii i-ii 8 109, 137. provided that such be the fact. 1904,275. rpi -,. > ,., ,. -, 1907, 429, 5. Ine nomination paper of a candidate for a caucus office, candidates for for a ward or town committee or for a member of a state caucus offices, committee shall state the street and number, if any, of his residence. 50 CAUCUSES. inventions! TO be sealed ten week days before caucus. R. L. 11, no. TO be pub- holy opened, Correction of errors, etc. R.L. u, 111. m r ckilswhen fifed ers are not R. L. 11, 112. Ward com- mittee may nominate. led in case of There may be added to the name of a person proposed as a delegate to a convention, a statement of not more than eight words that he is favorable to, or is pledged to support, or to oppose, any person for an office to be filled, or is favorable to, or opposed to, any public measure, or is uncommitted. If, under the provisions of this section, any delegate OI> se ^ ^ delegates is described on a nomination paper as favorable to, or pledged to support, any person for an office to be filled, such person may, within two week days after the announcement thereof, file with the secretary of the city or town committee a written request to have said statement stricken from the nomination paper, and the secretary shall do the same forthwith, and said nomination paper shall thereupon be void and of no effect. SECTION 122. All nomination papers shall be sealed U p and filed in the office of the secretary of the city or . ,1-1 i i town committee not less than ten week days previous to the day on which the caucus is to be held for which the nominations are made, and the secretary shall indorse upon them the time at which they are received by him. They ,-,, -, i i i ? i V i shall not be opened until the time for their filing has expired, when the secretary, at his office, shall publicly open them and publicly announce the nominations therein made. SECTION 123. The secretary of the city or town corn- . -i -i-i i i . i m* mittee shall immediately give notice to the person nlmg the nomination paper of any error, irregularity or in- formality appearing therein, and such person may, within two week days after the time when the nomination papers were opened, correct the same, or said secretary may make such correction. SECTION 124. If, in a city, nomination papers placing persons in nomination for all the offices to be filled at a caucus in any ward are not filed, the secretary of the city committee shall forthwith notify the chairman or secre- tary of the committee of such ward, who shall forthwith ca ll a meeting of said committee, which may nominate . . > . J , candidates ior all omces tor which nomination papers nave not been filed, and shall immediately file with the secre- tary of the city committee nomination papers signed by all the members of the committee who agree to the nomina- tions therein made. In case of disagreement two sets of suc } 1 nomination papers may be filed. If, at the expiration CAUCUSES. 51 of two week days after the time at which nomination disagreement, papers were opened, proper nomination papers have not been filed for all the offices to be filled, or upon any vacancy caused by death or otherwise, except a withdrawal, the chairman and secretary of the city committee may file nomination papers for such offices or vacancies. SECTION 125. If, in a town, nomination papers placing Proceedings in persons in nomination for all the offices to be filled at a papers are not caucus are not filed, or upon a vacancy by death or other- ?Jun!j 113. wise, except a withdrawal, the chairman or secretary of the town committee shall forthwith call a meeting of said committee, which shall have all the powers relative to the nomination of candidates conferred in the preceding sec- tion upon a ward committee and the chairman and secre- tary of a city committee. SECTION 126. A person who is nominated by a nom- Withdrawals, ination paper may, within forty-eight week-day hours suc- ceeding five o'clock of the day fixed for opening nomination papers, withdraw his name from nomination by a request in writing signed by him with his own hand and filed with the secretary of the city or town committee. There- Vacancies, i TI rf j . i . f i how filled. upon, the secretary shall immediately give notice of such withdrawal and of the provisions of this section to the person who filed such nomination paper, and such person may, within twenty-four week-day hours succeeding five o'clock of the last day fixed for making withdrawals, present a new name on a nomination paper signed by him- self with his own hand ; otherwise the chairman and sec- retary of the city or town committee may file nomination papers for the vacancy. SECTION 127. Not less than seven week days before Papers to be the day upon which the caucuses are to be held and before cft^oTtown five o'clock in the afternoon of the last day, the secretary election coL- of each city or town committee shall deliver to the city R^iTl'ns or town clerk, or in Boston to the election commissioners, the nomination papers filed with him. SECTION 128. If an error or informality is found in Errors, etc.. any nomination paper, it shall be forthwith returned to befo^Tclr-^ the secretary of the committee by whom it was filed, for R?L?ii? e ii6. correction ; and if it is not corrected and again filed before five o'clock in the afternoon of the day following its re- turn to said secretary, it shall be void. SECTION 129. Objections to nomination papers, and all SSSEi^ other questions relating thereto, shall be considered in papers, etc., 52 CAUCUSES. by whom considered. 1905, 386, 12. Cities and towns to pro- vide ballots, etc. R. L. 11, 117. Number of ballots, how determined. Specimen ballots. Form of official ballot. R. L. 11, 118, 137. Arrangement of names. To be ar- ranged in groups in order of filing. Street and number of residence to be printed. Certain state- ment to be printed. Names to be printed on ballot, blank spaces to be provided, etc. Boston by the ballot law commission of said city ; in other cities by the board of registrars, the city clerk and the city solicitor; and in towns by the board of registrars. SECTION 130. The city or town shall provide and the city or town clerk, or in Boston the election commissioners, shall prepare ballots to be used in caucuses, in accordance with the provisions of this chapter, and no other ballots shall be received or counted. No ballots as herein pro- vided shall be printed in any printing establishment owned or managed by the city of Boston. The chairman and secretary of the city or town com- mittee may determine the number of ballots to be provided for each ward or town, not exceeding one for each voter therein. If they fail so to do, the city or town clerk, or in Boston the election commissioners, shall determine the number. At least six facsimile copies of the ballot, printed on colored paper, shall be provided for each polling place as specimen ballots. SECTION 131. At the top of each ballot shall be printed the words " The official ballot of (here shall follow the party name). 77 On the back and outside of each ballot when folded shall be printed the words " Official ballot of the (here shall be inserted the party name)", followed by the number of the ward or the name of the town for which the ballot is prepared, the date of the caucus and a facsimile of the signature of the secretary of the political committee. Names of candidates for each elective office shall be arranged alphabetically according to their sur- names. Names of candidates for caucus officers, for ward or town committees, and for delegates to conventions shall be arranged in groups in the order in which they are filed. Against the name of a candidate for a caucus office, for an elective office, for a ward or town committee or for a member of a state committee shall be printed the street and number, if any, of his residence. Against the name of a candidate for an elective office or for a political convention shall be printed the state- ment contained in the nomination paper placing him in nomination. No names shall be printed on a ballot other than those presented on nomination papers. Immediately following the names of candidates, blank spaces equal to the number CAUCUSES. 53 of persons to be chosen shall be provided for the insertion of other names. The number of persons to be voted for for the different Number^be offices shall be stated on the ballot. be stated on A star (*) against a name shall indicate that a person A. tar to indi- is a candidate for re-election. The form of ballots and the arrangement of printed matter thereon shall be in etc. general the same as that of the official state ballots, except as herein otherwise provided. SECTION 132. A cross [ X ] marked against a name A cross to shall constitute a vote for the person so designated. A votejetof a cross in the circle at the head of an entire group of candi- ^4; |oi? 119 ' dates for ward committees or for delegates to a convention shall count as a vote for each candidate therein. A voter may vote for one or more candidates in any such group by marking a cross against the name of each such candi- date, or he may insert another name and mark a cross against it. If he votes for more candidates than the number to be elected, his vote shall not be counted. SECTION 133. The city or town clerk, or in Boston the Delivery of election commissioners, before the opening of the polls on at potting * 1 the day of the caucus, shall, at the expense of the city or R la L es ii, 120. town, prepare and deliver at the polling place to the warden or, if he is not present, to the clerk or, if both are absent, then to any inspector, ballot boxes, the ballots, specimen ballots, voting lists, suitable blank forms and apparatus for canvassing and counting the ballots and making the returns, a seal of suitable device and a record book for each polling place. The presiding officer at each specimen polling place shall, before the opening of the caucus, con- posted, etc 36 spicuously post in such polling place at least six specimen ballots, which shall be kept so posted until the polls are closed. SECTION 134. Caucuses, except as herein otherwise pro- certain pro- vided, shall be held in general accordance with the provi- to 8 ap 1 piy? la sions of law for the conduct of elections and the manner R - L- n> 12i * of voting thereat. SECTION 135. The order of business shall be as fol- {J^neM lows : R - L - n ' 122 - First, Any necessary preliminary business. Second, Balloting until half-past eight o'clock in the evening, when the polls shall be closed unless the caucus shall vote to keep them open until a later hour ; but every 54: CAUCUSES. voter waiting in line at the hour for closing the polls shall be allowed to vote. Third, After the polls have been closed, any other busi- ness which is properly before the caucus. challenging of SECTION 136. If the right of a person offering to vote RL.U, C 123. is challenged for any legal cause, the presiding officer shall require him, or some one in his behalf, to write his name and residence on the outside of the ballot offered, and before it is received the presiding officer shall add thereto the name of the person challenging and the cause alleged for the challenge; but no caucus officer shall re- ceive any ballot which by law he is required to refuse. No officer or other person shall give any information in regard to a ballot cast by a challenged voter unless re- . quired by law so to do. Counting of SECTION 137. Immediately after the polls have been R a L. 11, c 124. declared closed, but not before, the ballots shall be counted in full view of the voters. When they have been counted and the result has been ascertained, the presiding officer shall make public announcement thereof in open meeting, and the clerk shall, in open meeting, enter in words at length in the record book, the total number of names checked on the voting list, the total number of ballots cast, the names of all persons voted for, the number of votes for each person, and the title of the delegation or office for which he was a candidate. The clerk shall forthwith make a copy of said record, certify and seal the same, and transmit it to the city or town clerk, or in Boston to the election commissioners. He shall then, before the adjourn- ment of the caucus, and in the presence of those who counted the same, seal up all ballots cast, with the voting lists used, and a statement of any challenge which may have been made. The warden and clerk shall indorse upon such package t * ie name f tne political party holding the caucus, its tion k com elec " date, its purpose, and, if in a city, for what ward the missioners, etc. ballots were cast. The warden shall forthwith transmit, by the officer detailed to attend the caucus, to the city or town clerk, or in Boston to the election commissioners, the ballots cast, the voting lists, the ballot boxes, the ballot box seals, the counting apparatus, the copy of the records, and the record book. Sts e t d o p b a e ck " Tne cit J or town c l er k or election commissioners shall kept, etc. safely keep such sealed packages for ten days. If within CAUCUSES. 55 said time ten voters entitled to vote in said caucus file with them a written request so to do, they shall preserve said ballots and voting lists for three months and shall produce them if required by any court or convention hav- ing jurisdiction or authority over the same. SECTION 138. The city or town clerk, and in Boston Certified copy ,1 n ,. . . * .7? T ,. of voting list the election commissioners, upon written application, as checked signed by at least ten voters of a ward or town, for a Sshed efl copy of a list as checked, may open the envelope contain- R - L - n - 125 - ing the voting list used at any caucus in such ward or town and shall furnish to them a certified copy thereof as checked. SECTION 139. If before five o'clock in the afternoon of SgJ^j* the second day next succeeding the day of any caucus, R - L - 11 126 - ten or more voters of any town or ward shall sign, adding thereto their respective residences on the first day of May of that year, and file with the city or town clerk, or in Boston with the election commissioners, a statement under oath that the records and returns made by the caucus officers of such town or ward are erroneous, specifying the error, or that challenged votes were cast by persons not entitled to vote therein, said city or town clerk shall forth- with transmit such statement to the registrars of voters with the sealed packages containing the ballots and voting lists, and said registrars or election commissioners shall give notice in writing to the person affected, fixing a place and time, as early as may be, at which said ballots will be recounted and at such place and time shall open the pack- ages containing the ballots and voting lists and recount said ballots and determine the questions raised, and shall reject any challenged vote cast by a person found not to have been entitled to vote; and such recount shall stand as the true result of the vote cast in such caucus. Each candidate affected may be present during such recount, or may be represented by an agent appointed by him in writing. If it shall appear upon a recount that persons were nominated or elected other than those declared to have been nominated or elected, certificates of such change shall be made as in the case of the original certificate. SECTION 140. At the caucus held for the choice of dele- Caucus officers, gates to the state convention there shall be chosen annually R. L. 11, 127. a warden, a clerk, and at least five inspectors, and, in wards having more than five precincts, such additional inspectors as the city committee of the political party 56 CAUCUSES. Certain per- sons not eligible, etc. Term of office, oath, etc. Duties. Vacancies, additional officers, etc. R. L. 11, 129. Appointment of officers to serve at first caucus. R. L. 11, 130. 1906, 444, 3. In a newly incorporated city 9r a re- division into wards. R. L. 11, 131 whose caucuses are to be held may determine. They shall be voters of the ward or town in which they are elected and members of the political party whose caucus is to be held. ]STo person shall be eligible to the position of warden or clerk or inspector who is a state, county or city em- ployee, or who is a member of a ward or town committee, and no person shall serve as a caucus officer at any caucus wherein he is a candidate for a nomination to an elective office, or for ward or town committee. Every caucus officer shall hold office for one year, beginning with the first day of October succeeding his election, and until his suc- cessor is elected. He shall, before entering upon the performance of his duties, be sworn to the faithful per- formance thereof by the warden, clerk, or a justice of the peace, and a record of such oath shall be made upon the record book of such caucus. The respective duties of caucus officers shall be in general the same as are required of election officers at elections. SECTION 141. A majority of the caucus officers present at a caucus, may fill temporary vacancies and elect addi- tional officers to serve in that caucus only. Such tem- porary officers shall be duly sworn. Permanent vacancies shall be filled by a majority vote of all the caucus officers. SECTION 142. A city or town committee of a political party which has adopted the provisions of law for the use of official ballots shall, at least ten days before holding any caucus thereunder, appoint caucus officers in each ward, town, or voting precinct in cities and towns where elections or caucuses are held in such precincts, to serve at the first caucus to be held thereafter. SECTION 143. In a newly incorporated city, or upon a re-division into wards of a city to which the said provisions apply, the caucus officers to serve in the first caucuses held in the next succeeding year shall be appointed by the city committee; and at such caucuses the regular caucus officers shall be chosen. primaries JOINT CAUCUSES OK PRIMARIES OF POLITICAL AND MUNIC- IPAL PARTIES. SECTION 144. All caucuses of political and municipal parties in Boston and in cities, and in towns using official ballots, which vote that primaries shall be held therein, CAUCUSES. 57 except caucuses to elect delegates to conventions held for i|03, 454, 2, the election of delegates to national conventions, and for the choice of ward committees after the change of ward lines, shall be held at the same time and place as primaries, and shall be conducted in general accordance with the provisions of law concerning the conduct of elections and the manner of voting thereat, except as otherwise provided herein. SECTION 145. In any city or town which has adopted adaption or the provisions of law for nominating by primaries, the jJ V guJjitted following question shall be put on the official ballot at any to voters upon & . * . . . ,. n J petition. city election or annual town meeting on petition of nve 1903, 454, 2, per cent of the voters registered at the time of the pre- 1964, 41. ceding city election or annual town meeting, filed with 1 ' K)5 ' 386 - 17 - the city or town clerk on or before the last day of filing nomination papers : " Shall joint caucuses or primaries continue to be held in this city (or town) ? " In any city or town not nominating by primaries the following question may, by similar petition, be put on the ballot at the next city election or annual town meeting : u Shall joint caucuses or primaries be held in this city (or town) ? " In the event of an affirmative or negative vote on these questions, primaries shall or shall not there- after be held accordingly, except that in case of an affirm- ative vote in a town the provisions shall not apply to caucuses for the nomination of town officers, unless ex- pressly provided in the vote. Clerks of cities or towns which vote to hold primaries Secretary of or to rescind such action shall forthwith notify the sec- weaiTt? be" retary of the commonwealth of such vote. notified. SECTION 146. Notices of intention to participate in Notices of primaries shall be furnished by the city and town com- p n ar e t?cipatein mittees of such political and municipal parties as are en- KSJES.* be titled to and desire to participate therein not less than 1905> 386> n< twenty-two days prior to the day on which the primaries are to be held, to the election commissioners in Boston, the city clerk in other cities or the town clerk in towns. Said notices shall state the number of delegates to be chosen to each convention and the number of members of a ward or town committee to be elected in each ward or town. SECTION 147. In Boston notices of primaries shall be Notices of issued not less than twenty-two days prior to the day on 58 CAUCUSES. Filing of nomination papers in Boston. 1903, 454, 3. Days of hold- ing primaries. 1903, 454, 4. To be held by precincts in certain places. Nominations. 1903, 454, 5. Ballots, ballot boxes, etc. 1903, 454, 6. Certain pro- visions of law to apply. 1903, 454, 7. which the primaries are to be held, domination papers shall be sealed up and filed in the office of the secretary of the city committee of the party making the nominations not less than fourteen week days prior to the day upon which the primary is to be held for which the nominations are made; and the secretary of each city committee shall deliver to the election commissioners, not less than ten week days before the day upon which the primaries are to be held and before five o'clock in the afternoon of the last day, the nomination papers filed with him. SECTION 148. Primaries shall be held on the sixth Tuesday preceding state elections, on the third Tuesday preceding city elections, except in Boston, where they shall be held on the fourth Thursday preceding the city election, and on the second Tuesday preceding town elections, or any special election. In Boston they shall be held by precincts as established for elections; elsewhere, wholly or partly by wards, pre- cincts or towns, as the board of aldermen or selectmen may from time to time determine. SECTION 149. Nominations shall be made in accordance with the provisions of sections one hundred and nineteen to one hundred and twenty-eight, inclusive, except as otherwise provided in section one hundred and forty-seven. SECTION 150. Ballots for each political and municipal party, ballot boxes, voting lists, specimen ballots, blank forms and apparatus, seals and record books, shall be provided and treated in accordance with the provisions of sections one hundred and thirty to one hundred and thirty-three, inclusive, of this chapter, except that the number of ballots shall be determined by the election com- missioners in Boston, by the city clerk in any other city, and by the town clerk in towns, and shall not for any ward or town exceed one ballot of each party for each voter therein; and the ballots for each party shall be printed on paper of a different color from that on which the ballots for any other party are printed. SECTION 151. The provisions of law relating to elec- tion officers, voting places for elections, election apparatus and blanks, calling and conduct of elections, manner of voting at elections, counting and recounting of votes at elections, the provisions of section two hundred and seventy- six of this chapter, corrupt practices, and penalties, shall apply to primaries, except as otherwise provided herein. CAUCUSES. 59 SECTION 152. The election commissioners in Boston, Officers may the city clerks in other cities, and the town clerks in toservfTat 6 towns may designate two inspectors and two deputy in- i"o?, a 386, 13. spectors, representing the two leading political parties, instead of a larger number, to serve at the primaries, and from the whole body of election officers they may desig- nate officers equally representing the two leading political parties to serve as tellers in any precinct or ward during part of the day for the purpose of receiving ballots, check- ing names, or canvassing and counting votes, such tellers to receive such part of a full day's compensation of elec- tion officers as the election commissioners in Boston, the board of aldermen in other cities, or the selectmen in towns, may determine. SECTION 153. In wards or towns where at elections Same subject. , . . , . , . . , . 1903, 454, 8. voting is by precincts, but at primaries by wards or towns, the city or town clerk shall designate which of the election officers shall serve as primary officers. SECTION 154. Except in Boston no person shall be Certain per- n~> i sons not ineligible to serve as a primary officer because he is a ineligible as candidate for or member of a ward or town committee. oficeref SECTION 155. The polls at every primary shall be open Polls ' to b ' e during such hours, not less than nine in cities or four in Jj^Jhours towns, as may be designated by the board of election 1003, 454, ib. commissioners in Boston, the aldermen of other cities, and the selectmen of towns. SECTION 156. When in a primary the voter seeks to Enrolment of pass the guard rail, he shall be asked by one of the ballot i903?454 t c 11. clerks which party ballot he desires, and the ballot clerk I907f 429> 14> upon reply shall distinctly announce the same and give him such party ballot. The voter's selection shall be checked on the voting list used by the ballot clerks, and said list shall be returned to the election commissioners in Boston, or to the city clerk in any other city, or to the town clerk in towns, for preservation during the suc- ceeding calendar year. A copy of the party entries on such list .shall be used at subsequent primaries for de- termining with what party the voter has been enrolled. No voter enrolled under the provisions of this chapter Enrolment shall be allowed to receive the ballot of any political party changed, etc. except that with which he is so enrolled, but he may change his enrolment by appearing in person before the election commissioners in Boston, the city clerk in any other city, or the town clerk in towns, and requesting in 60 CAUCUSES. Voter denying accuracy of enrolment to take oath. writing to have his enrolment changed to another party; but such change shall not take effect until the expiration of ninety days after the voter so appears ; but the political party enrolment of a voter shall not preclude him from receiving at a primary the ballot of any municipal party, though in no one primary shall he receive more than one party ballot. No voter who denies the accuracy of his enrolment may deposit his ballot until he takes the following oath which shall be administered to him by the presiding officer of the primary : Form. You do solemnly swear, or affirm, that you are a registered voter in this ward (or town), and have the legal right to vote in this primary and that you are a member of the party par- ticipating in the same and are incorrectly enrolled as a member of the political party. Record of administra- tion of oath to be made, etc. Counting of votes. 1903, 454, 12. Canvass of returns of votes, etc. 1903, 454, 1905, 386, Certificates of nominations. The clerk or secretary of the primary shall make a record of the administration of said oath to every person who takes the same, which record shall state whether or not said person voted. Said record shall be returned with the proceedings of said primary and shall be prima facie evidence in any court that such person took said oath and voted in said primary. Such voter may be challenged like any other voter. SECTION 157. In the counting of votes when the ballots are removed from the ballot box, they shall first be sorted into piles, one for each party, and each pile shall be counted and sealed separately. Votes shall be counted only for nominations of the party on whose ballot they appear. SECTION 158. The election commissioners in Boston, the city clerks in other cities, and town clerks in towns, shall canvass the returns of votes, determine the results, issue proper certificates thereof to the successful candi- dates, and notify the chairmen of the city or town com- mittees of the respective parties as to the persons who have been elected delegates to conventions and members of ward and town committees. They shall also certify to the facts required by law as to certificates of nominations of representatives to the general court, and shall file such certificates with the sec- CAUCUSES. 61 retary of the commonwealth on or before the Thursday designated by law therefor. SECTION 159. If a majority of a delegation or of a Filling of ward or town committee is not elected, or if there is a tie rSosTSff,' H. vote for candidates for an elective office, the vacancy shall 1! I05> 386> 15 ' be filled according to the provisions of section one hundred and eighty-one of this chapter and the city or town clerk, or in Boston the election commissioners, shall notify the chairman or secretary of the committee of the political party interested. SECTION- 160. In Boston petitions for recounts after Petitions for primaries shall be filed before five o'clock in the after- Beaton. " noon of the second day thereafter. >03> 454> 15> PROVISIONS APPLYING TO CAUCUSES OTHER THAN THOSE OF POLITICAL PARTIES. SECTION 161. A caucus of the voters, or of a specified portion thereof in a ward of a city, or in a town, may be called and held for the nomination of candidates to be voted certain for at any city election, or at any election of town officers it. L. n,' 132. for which official ballots are used, or for the selection of delegates to a convention, or for the appointment of a committee. A like caucus in any representative district may be held for the nomination of a candidate for repre- sentative in the general court; but otherwise no nomina- tion of a candidate to be voted for in an electoral district or division containing more than one town or more than one ward of a city shall be made by a caucus. The pro- ceedings of such caucuses shall be invalid unless at least twenty-five voters participate and vote therein. Except as provided in this section, no caucus or meeting other than those of political parties shall be entitled to nominate a candidate whose name shall be placed on the official ballot, or to select delegates to a political convention for the nomination of a candidate whose name shall be placed on such ballot. SECTION 162. The notice for a caucus under the pre- Notice of ceding section shall be written or printed, shall state the if U L U ii e c i33. place where, and the day and hour when, said caucus is to be held, shall be issued at least seven days prior thereto, and shall be conspicuously posted in at least five places on lines of public travel, and, if practicable, in every 62 NOMINATION OF CANDIDATES. post office within the city or town, or shall be published at least twice in one or more local newspapers. Said notice shall be signed by one or more voters of the ward, town or district for which the caucus is called, and shall designate by name or office the person w r ho shall call such caucus to order, and he shall preside until a chairman is chosen. In his absence, the caucus may choose a tern- First busi- porary chairman. The first business in order shall be ness, etc. ^ e or g an i z ation of the caucus by the choice of a chairman, a secretary, and such other officers as the meeting may require. The persons receiving the highest number of votes shall be declared elected or nominated. The caucus may adopt regulations not inconsistent with this chapter, baiiot^pon SECTION 163. Upon the written request of ten or more written re- voters present at a caucus and entitled to vote therein, quest, etc. . . R. L. 11, 134. presented by motion or otherwise to the presiding officer for the time being, at any time before the choice of the officer to which it relates, any candidate, delegate or member of a political committee, and unless the caucus votes otherwise, the chairman of the caucus, shall be elected by ballot. In balloting, the voting lists furnished under section sixty-seven shall be used as check lists. ofTS^ts^and SECTION 164. The secretary of a caucus held under etc ting listSt the provisions of the three preceding sections shall, at the R. L. 11, 135. request in writing of ten voters entitled to vote in the caucus, preserve all ballots cast and voting lists used therein for three months, and shall produce the same if required by any court, board, convention or other tri- bunal having jurisdiction thereof. NOMINATION OF CANDIDATES. SECTION 165. A convention of delegates, a caucus or a P r i mar y held in accordance with the provisions of this R. L. 11, 136. chapter for the commonwealth, or for a district, county, 1903, 454. . - , . , J ; city, town or ward may make one nomination except that at a primary one nomination for each political party tak- ing part therein may be made for each office to be filled at an election therein, and shall be entitled to have the names of all candidates so nominated placed upon the official ballot upon filing a certificate of nomination as hereinafter provided. A party may make a nomination parties. f or an o ffi ce to ^ e filled by election in the commonwealth, NOMINATION OF CANDIDATES. 63 or in any district, county, city, town or ward, when at the five preceding annual elections it polled in the com- monwealth, or in such district, county, city, town or ward, respectively, a number of votes for governor equal to the number of voters required to nominate by nomination papers a candidate for the office so to be filled. SECTION 166.* The candidates of all political parties Certain candi- for the office of representative in congress in the ninth, nomfnSed'W tenth and eleventh districts, councillor in districts com- ?a!fty vote, posed wholly of Suffolk senatorial districts, senator in the J^- ^ 3 - 7 137 - Suffolk districts, representative in the general court and for elective city offices to be voted for in two or more wards, except school committee in Boston, shall be nom- inated by direct plurality vote in caucuses or primaries. The persons who in the aggregate of all the ballots cast at such caucuses or primaries in each district for the highest num- , . -, , *.. . i i i i c ber of votes several candidates shall receive the highest number 01 to be the votes shall be the candidates nominated. nominated. SECTION 16T. All provisions of law relative to the Certain pro- ,. j, ... Jin- visions of law preparation of nomination papers and ballots, to caucuses, to apply, primaries and elections, to ballots cast at caucuses, pri- Jgosj 454? l< maries and elections, to recounts of such ballots, and to certificates of nomination, shall, so far as they are applicable, apply to caucuses held for direct nominations. SECTION 168. No convention to nominate candidates Caiijng and for any state or city office shall be called for or held on a conventions. i , T ,i f r, ,1 i i T c ,1 R. L. 11, 140. date earlier than four days alter the holding ol the cau- 1903, 454. cuses or primaries for the choice of delegates thereto, and 1 >05 ' 386> all such conventions shall be called for and held on a date not later than forty-eight hours prior to the hour for filing certificates of nomination as provided in section one hun- dred and seventy-seven. No representative convention shall be called for or held on a date earlier than seven days after the date desig- tions - nated for holding caucuses by the state committee of the political party whose representative convention is to be held. In Boston conventions to nominate candidates for school nSmTnate ns committee shall be called for and held on the eighth day 3^. for after the primaries before the city election. Boston 1 " SECTION 169. At a convention not held for the nom- Nominating ination of candidates for any offices to be filled by all the byroiicaiiat voters of the commonwealth, by vote of one fourth of the * See also chapter 543, Acts of 1907, printed on page 148. R. L. 11, 141. NOMINATION OF CANDIDATES. Returns of precinct cau- cuses, tabula- tion of, etc. 1906, 444, 9. Certificates to be issued, com- mittees to be notified, etc. Certificate of nomination; contents, signatures and oath of officers. R. L. 11, 142. Secretary to file certifi- cate. Nomination papers, num- ber of sig- natures. R. L. 11, 143. 1906, 444, 4. 1907, 429, 6. delegates present the nomination of any candidate shall be made by roll call in the following manner: the secretary of the convention shall call the roll of the towns and cities in alphabetical order or of wards in a city in numerical order, and each delegate shall, as his name is called, state in the hearing of the convention the name of the candidate for whom he desires to vote, and the person receiving a majority of votes on such roll call shall be the candidate of the convention. SECTION 170. The clerk of a city or town wherein cau- cuses are held by precincts, immediately upon receipt of the returns from the caucus officers, which shall be made as provided in section one hundred and thirty-seven, shall tabulate and determine the results thereof, and shall cer- tify to the facts required by the following section, and in accordance with the provisions of sections one hundred and seventy-one and one hundred and seventy-six, except in cases where the nomination is for an office to be filled by the voters of a city or town, in which cases no such certifi- cate shall be required. The clerk shall also issue proper certificates to the successful candidates and notify the chairmen of the city or town committees of the respective parties as to the persons who have been elected delegates to conventions and members of ward and town committees. SECTION 171. Every certificate of nomination shall state such facts as are required by section one hundred and seventy-five and except in cases of direct nomination for a district comprising more than one ward or town, shall be signed by the presiding officer and by the secretary of the convention or caucus, who shall add to their signatures their residences, and shall make oath to the truth thereof. The secretary of the convention or caucus shall within the seventy-two hours succeeding five o'clock in the after- noon of the day upon which the convention or caucus was held and within the time specified in section one hundred and seventy-seven, file such certificate as hereinafter pro- vided. SECTION 172. dominations of candidates for any offices to be filled by all the voters of the commonwealth may be made by nomination papers, stating the facts re- quired by section one hundred and seventy-five and signed in the aggregate by not less than one thousand voters for each candidate. Nominations of all other candidates for NOMINATION OF CANDIDATES. 65 offices to be filled at a state election, and of all candidates for offices to be filled at a city election, may be made by like nomination papers, signed in the aggregate, for each candidate, by two voters for every one hundred votes cast for governor at the preceding annual state election in the electoral district or division for which the officers are to be elected, but in no case by less than fifty nor more than one thousand qualified voters. Nominations of can- didates for offices to be filled at a town election may be made by nomination papers, signed by at least one voter for every fifty votes polled for governor at the preceding annual state election in such town, but in no case by less than twenty voters. At a first election to be held in a newly established ward of a city, the number of voters upon a nomination paper of a candidate who is to be voted for only in such ward need not exceed fifty; and at a first election in a town the number for the nomination of a candidate who is to be voted for only in such town need not exceed twenty. SECTION 173. Every voter who signs a nomination Voters to sign in ... ! i n i nomination paper shall sign it in person, with his full surname, his papers in per - Christian name and the initial of every other name which reSdence^etc. he may have, and shall add his residence on the previous ^ O g- ^ 14 5 4 - first day of May and the place where he is then living, with the street and number thereof, if any, to his signa- ture ; but any voter who is prevented by a physical disa- bility from writing or who had the right to vote on the first day of May in the year eighteen hundred and fifty- seven, may authorize some person to write his name and residence in his presence; and every voter may sign as Number of many nomination papers for each office to be filled as there nommatlons - are persons to be elected thereto, and no more. Women Women may who are qualified to vote may sign nomination papers for Sllgn> et candidates for the school committee. Every nomination TO be sub- paper shall, before being filed, be seasonably submitted to Strara.Sc? 8 " the registrars of the city or town in which the signers appear to be voters, and in Boston to the election com- missioners, who shall forthwith certify thereon the num- ber of signatures which are names of voters both in the city or town and in the district or division for which the nomination is made. They need not certify a greater number of names than are required to make a nomination, with one fifth of such number added thereto. Names not 66 NOMINATION OF CANDIDATES. certified in the first instance shall not thereafter be certi- fied on the same nomination papers. The secretary of the commonwealth shall not be required in any case to file nomination papers for a candidate after filing such papers containing a sufficient number of certified names to make a nomination, with one fifth of such number added thereto. One of the signers to each nomination paper shall make make oath, etc. ^^ to t k e ^^ Q foe statements therein, and the certifi- cation of such oath and the post office address of the signer shall be annexed to such paper. SECTION 174. A notary public, justice of the peace or fdentity'of other magistrate, when taking the oath of a signer of a fng^th^etc nomination paper, shall satisfy himself that the person to R. L. 11,' 145. whom the oath is administered is the person signing such nomination paper, and shall so state in his attestation of said oath. SECTION 175. All certificates of nomination and nom- ination papers shall, in addition to the names of candi- contents, etc. dates, specif y as to each : ( 1 ) his residence with street 190?; 429, ?.' and number thereof, if any; (2) the office for which he is nominated; and (3), except as hereinafter provided, the party or political principle which he represents, expressed in not more than three words. Certificates of nomina- tion shall also state what provision, if any, was made by the caucus or convention for filling vacancies caused by the death, withdrawal or ineligibility of candidates. The names of the candidates for president and vice president of the United States may be added to the party or political designation of the candidates for presidential electors. To the name of each candidate for the office of alderman at large shall be added the number of the ward in which he resides. If a candidate is nominated otherwise than by a political party, the name of a political party shall not be used in his political designation, except as describing and pre- ceding some other name or term which shall not be the name of any party which cast at the last preceding election more than three thousand votes for governor; and if so used in case of a candidate nominated by a nomination paper, the political designation shall consist of not more than two words and shall not be changed after having been placed upon the paper. Certificates of nomination and nomination papers for town offices may or may not include NOMINATION, OF CANDIDATES. 67 a designation of the party or principle which the candidate represents. SECTION 176. Certificates of nomination and nomina- Nominations tion papers for state offices shall be filed with the secre- R. L. 11, '147! tary of the commonwealth; and for city and town offices, with the city or town clerk; and in Boston, with the elec- tion commissioners. Every nomination paper shall be filed by a responsible person, who shall with his own hand sign such paper and add to his signature his place of residence, giving street and number, if any ; and the secretary of the commonwealth or the city or town clerk, or, in Boston, the election commissioners, shall require a satisfactorv identification of such person. No nomination Acceptance to 11 T i i i be filed with paper shall be received or be valid unless the written nomination acceptance of the candidate thereby nominated shall be p filed therewith. SECTION 177. Certificates of nomination for offices to Last days for be filled by all the voters of the commonwealth shall be secretary of filed on or before the fifth Monday, and nomination papers %!rt? aa *' on or before the fourth Monday, preceding the day of 1903; Isif/il' the election. Certificates of nomination for all other 1905 ' 386 - 16 - candidates for offices to be filled at a state election shall be filed on or before the third Thursday, and nomination papers, on or before the third Friday, preceding the day of the election; but if there is a special election to fill any state office, certificates of nomination shall be filed on or before the twelfth day, and nomination papers, on or before the eleventh day, preceding the day of such election. In cities, except Boston, certificates of nomination for in cities, city offices shall be filed on or before the third Monday, and nomination papers on or before the second Wednes- day preceding the day of the election. In Boston, certificates of nomination for city offices, in Boston, except for school committee, shall be filed on or before the third Friday preceding the day of the election, and nom- ination papers for all city offices on or before the eleventh day after the primaries. Certificates of nomination of candidates for school committee shall be filed on or be- fore the ninth day after the primaries. In towns, certificates of nomination for town offices Last days for shall be filed on or before the second Saturday, and nom- towns" 1 ination papers, on or before the Monday, preceding the 68 NOMINATION OF CANDIDATES. day of the election; but if such Saturday falls on a legal holiday, said certificates of nomination shall be filed on or before the preceding day, and if such Monday falls on a legal holiday, said nomination papers shall be filed on or before the succeeding day; but if a town election is held on a day of the week other than Monday, such certificates of nomination and nomination papers shall be filed re- spectively on or before the ninth and seventh days pre- ceding the day of the election. fiuSg hourfor Certificates of nomination and nomination papers shall be filed before five o'clock in the afternoon of the last day fixed for the filing thereof. SunbS 8 SECTION 178. When certificates of nomination and objected to, nomination papers have been filed, and are in apparent HHJT 386 4 3 9 ' con f rm ity with law, they shall be valid unless objections thereto are made in writing. Such objections to nomina- tions of candidates for state offices shall be filed with the secretary of the commonwealth, for city offices with the city clerk, or in Boston with the election commissioners, and for town offices with the town clerk; and in the case of state offices within the seventy-two week-day hours, in the case of city offices within the forty-eight week-day hours, and in the case of town offices within the twenty- four week-day hours, succeeding five o'clock in the after- noon of the last day fixed for the filing of nomination papers for such offices. Scifb^w&om SECTION 179. Objections to certificates of nomination considered. an( j nomination papers for state offices, and all other K. L. 11, 150. . i i 1-i-iT iii questions relating thereto, shall be considered by the state ballot law commission; to nominations for city offices, except in Boston, by the board of registrars, the city clerk and the city solicitor: in Boston, by the ballot law com- mission of said city ; and to nominations for town offices, by the board of registrars. The boards constituted in cities and towns may, at hearings on such objections and questions, summon wit- nesses, administer oaths and require the production of books and papers. Such witnesses shall be summoned in the same manner, be paid the same fees, and be subject to the same penalties for default, as witnesses before the superior court. A summons may be signed, and an oath may be administered by any member of such board, and the decision of a majority of the members thereof shall be final. NOMINATION OF CANDIDATES. 69 When such objection has been filed, notice thereof shall be forthwith mailed by the secretary of the commonwealth, committees. or by the city or town clerk, or election commissioners, respectively, to the candidates affected thereby, addressed to their residences as given in the certificates of nomina- tion or nomination papers, and to any party committee interested in the nomination to which objection is made. If more candidates bearing the same political or other Determination designation are nominated for an office, otherwise than by SuSdatS nomination papers, than are to be elected thereto, such designation. boards shall determine the candidates, if any, entitled to such designation. SECTION 180. A person nominated as a candidate for withdrawal any state, city or town office may withdraw his name from SanSSatesf nomination by a request in writing signed by him and Sosj ase! 4 1 .' acknowledged before a justice of the peace and filed with the officer with whom the nomination was filed, in the case of a state office within the seventy-two week-day hours, in the case of a city office within the forty-eight week-day hours, and in the case of a town office within the twenty- four week-day hours, succeeding five o'clock in the after- noon of the last day fixed for the filing of nomination papers for such office. SECTION 181. If a candidate nominated for a state, Nomination city or town office dies before the day of election, or deaSTwith- withdraws his name from nomination, or is found to be rt a L. a iif c i52. ineligible, the vacancy may be filled by the same political 5,'io 6 ' party or persons who made the original nomination, and in the same manner ; or, if the time is insufficient therefor, the vacancy may be filled, if the nomination was made by a convention or caucus, in such manner as the convention or caucus may have prescribed, or, if no such provision has been made, by a regularly elected general or executive committee representing the political party or persons who held such convention or caucus. In the event of the with- drawal or death of any candidate of a political party nom- inated by direct nomination for any office, the vacancy may be filled by a regularly elected general or executive committee representing the election district in which such vacancy occurs, or, if no such " committee exists, by the members of the ward and town committees in the wards and towns comprising such district. If a vacancy is caused by withdrawal, certificates of nomination made otherwise 70 STATE BALLOT LAW COMMISSION. than in the original manner shall be filed within seventy- two week-day hours in the case of state offices, or within forty-eight week-day hours in the case of city or town offices, succeeding five o'clock in the afternoon of the last day for filing withdrawals. They shall be open to objec- tions in the same manner, so far as practicable, as other NO vacancy to certificates of nomination. No vacancy caused by with- w!tEwli re drawal shall be filled before the withdrawal has been filed. <^fito d ' SECTION 182. When a nomination is made to fill a fnation Snail vacancy caused by the death, withdrawal or ineligibility vacancy. of a candidate, the certificate of nomination shall, in addi- ? ' tion to the other facts required, state the name of the original nominee, the fact of his death, withdrawal or ineligibility, and the proceedings had for filling the vacancy; and the presiding officer and secretary of the convention or caucus, or the chairman and secretary of an authorized committee, shall sign and make oath to the c^nSanied by truth of the certificate, and it shall be accompanied by wnen ac- the written acceptance of the candidate nominated. Certificates, SECTION 183. Certificates of nomination, nomination fnsp'ection? papers, objections thereto and withdrawals, when filed, etc. servatlon ' shall, under proper regulations, be open to public inspec- R. L. ii, 154. tion, and the secretary of the commonwealth and the sev- eral city and town clerks, and in Boston the election commissioners, shall preserve the same in their respective offices for one year. SSSktion. SECTION 18*4. The secretary of the commonwealth R. L. 11, 155. sna ll ? upon application, provide blank forms for the nom- ination of candidates for all state offices; and he shall send blank forms for certificates of nomination for the office of representative in the general court to the clerk of each city and town for the use of any caucus or con- vention held therein for the nomination of candidates for that office. He shall likewise provide the clerks of towns wherein official ballots are used with blank forms for the nomination of candidates for town offices. STATE BALLOT LAW COMMISSION. SECTION 185. There -shall be a state ballot law com- mission consisting of three persons, one of whom shall R C L 11 156 aimua ^J i n June or July be appointed by the governor with the advice and consent of the council, for a term of WARDS AND VOTING PRECINCTS. 71 three years from the succeeding first day of August. The governor with the advice and consent of the council may remove any member of the commission, or fill any vacancy therein for the remainder of the unexpired term. There shall always be on said commission a member of each of the two leading political parties. SECTION 186. No member of said commission shall Srtain other hold any public office except that of justice of the peace or P t u c blic office - notary public, or be a candidate for public office, or mem- R- L. n, 157. ber or employee of any political committee. If any member of the commission shall be nominated as a candi- date for public office and shall not in writing decline said nomination within three days, he shall be deemed to have vacated his office as a member of said commission. SECTION 187. The state ballot law commission may May summon summon witnesses, and administer to them oaths, and may administer require the production of books and papers at a hearing R.L.'iJj 153. before it upon any matter within its jurisdiction. Wit- nesses shall be summoned in the same manner, be paid the same fees, and be subject to the same penalties as witnesses summoned before the general court. A sum- mons may be signed and an oath may be administered by any member of said commission. SECTION 188. The decision of a majority of the mem- Decision to be bers of the commission upon any matter within its juris- E. L. 11, 159. diction shall be final. SECTION 189. The members of the state ballot law Compensation. commission shall each be paid such compensation for their R- L ' llf services, not exceeding five hundred dollars annually, as the governor and council may determine; and the total expenditures by and on account of said commission shall not exceed the sum of two thousand dollars in any one year. PAKT 3. WARDS AND VOTING PRECINCTS. SECTION 190. A city may, in the year nineteen him- Wards, new dred and fifteen, and in every tenth year thereafter, before dtieshlto. the first day of May, by vote of its city council, make a R ' L ' llf new division of its territory into such number of wards as may be fixed by law. The boundaries of such wards shall be so arranged that the wards shall contain, as nearly as can be ascertained and as may be consistent with well- WARDS AND VOTING PRECINCTS. Secretary of the common- wealth to be notified. Voting pre- cincts, desig- nation, etc. R. L. 11, 162. 1906, 444, 6. Division of wards into voting pre- cincts, time, boundaries, etc. Voting pre- cincts under new division of wards. R. L. 11, 163. New division, when to take effect. R. L. 11, 164. Map or de- scription of new precincts defined limits to each ward, an equal number of voters. The city clerk shall forthwith give notice in writing to the secretary of the commonwealth of the number and designa- tions of the wards so established. SECTION 191. Each city shall be divided into con- venient voting precincts, designated by numbers or letters and containing not more than one thousand voters. Every ward shall constitute a voting precinct by itself, or shall be divided into such precincts. If a ward con- stituting one precinct contains less than one thousand voters, according to the registration of voters at the pre- ceding annual city election, the aldermen may, and if it contains more than one thousand voters, shall, on or before the first Monday of July, divide it into two or more voting precincts. If a voting precinct shall, in any year, accord- ing to such registration, contain more than one thousand voters, the aldermen shall in like manner either divide such precinct into two or more voting precincts or shall make a new division of the ward into voting precincts ; so that no precinct shall contain more than one thousand voters. Such precincts shall be so established as to con- tain, as nearly as may be, an equal number of voters, shall consist of compact and contiguous territory entirely within one ward, and be bounded, so far as possible, by the centre line of known streets or ways or by other well-defined limits. SECTION 192. On or before the first Monday of July in the year of a re-division of a city into wards, the alder- men shall divide such city into voting precincts, conform- ably to the provisions of the preceding section. SECTION 193. For all elections in the year of a re- division of a city into wards, for a special election held prior to the annual state election in the next succeeding year, and for the assessment of taxes, the wards as existing previous to such re-division shall continue, and for such purposes the election officers shall be appointed and hold office, and voting lists shall be prepared, and all other things required by law shall be done as if no such re- division had been made. For all other purposes the new division shall take effect on the first day of May of the year when it is made. SECTION 194. When a ward has been divided into new voting precincts, or the voting precincts thereof have been WARDS AND VOTING PRECINCTS. 73 changed, the aldermen shall forthwith cause a map or to be pub- description of the division to be published, in which the posfed a etc. new precincts shall be designated by numbers or letters ie' 5 L> 11> 8> and shall be defined clearly and, so far as possible, by known boundaries ; and they shall cause such map or de- scription to be posted in at least ten public places in each precinct of a ward so divided, and copies thereof furnished to the registrars of voters, in Boston to the election com- missioners, and the assessors, and to the election officers of each precinct so established. SECTION 195. A town may direct its selectmen to voting ^re- prepare a division of the town into convenient voting precincts. The selectmen shall, so far as possible, make R the centre line of streets or ways, or other well-defined limits, the boundaries of the proposed precincts, and shall designate them by numbers or letters. They shall, within sixty days, file a report of their doings with the town clerk, with a map or description of the proposed pre- cincts, and with a statement of the number of male voters registered in each for the preceding annual election. The Report to be report shall be presented by the town clerk at the next fown'dlrk'at succeeding town meeting, but it shall not be acted upon town meeting, except at a meeting called for the purpose, and held at least seven days after the report has been filed. The division so reported may be amended at such meeting, and shall take effect when adopted. Elections of state officers held in such town more than sixty days after such action shall be held in the precincts so established. If such report shall be rejected the town may at any time direct the selectmen to prepare a new division. SECTION 196. A town may make any change in its changes may voting precincts which the selectmen shall have recom- vot?ng d pr< mended in a statement giving the boundaries, the desig- R n L S 'n 157 nations of the proposed precincts and the number of voters registered in each for the preceding annual state or town election, filed with the town clerk at least seven days before a town meeting called for the purpose; but no changes other than those so proposed by the selectmen shall be made at such meeting. SECTION 197. When a tow r n has been divided into vot- Map or de- ing precincts or the voting precincts thereof have been SSfed? etc! b changed, the selectmen shall post in the office of the town k ' L ' n ' 168 ' clerk and in at least three public places in each new 74 ELECTION OFFICEES. precinct a map or description in which the new precincts shall be designated by numbers or letters, and defined clearly and, so far as possible, by known boundaries ; and they shall also furnish copies thereof to the registrars of voters and the assessors of such town, and to the election officers of each precinct so established. SECTION 198. Any town may, at a meeting called for etc contmued> tne purpose, discontinue its voting precincts; and sub- R. L. 11, 169. sequent elections therein shall be held as if no such division had been made. But it may, in any subsequent year, establish voting precincts as hereinbefore provided. Secretary of SECTION 199. When wards of a city have been changed the common- . . ... J , , wealth to be or when voting precincts in a city or town nave been estab- R. L. ii, 170. lished, changed or discontinued, the city or town clerk shall forthwith give a notice thereof in writing to the secretary of the commonwealth, stating the number and designation of such wards or such voting precincts and in a city the wards in which they are situated. Election R 9 L:ii 9 8,' 1902 157. JoS?' |54, 9. 1905, 386, 6. in Boston. R. L. ii, 1903, 454, 172. 9. ELECTION OFFICERS. SECTION 200. The mayor of every city, except Boston, shall annually, with the approval of the board of alder- men, appoint as election officers for each voting precinct, one warden, one deputy warden, one clerk, one deputy clerk, four inspectors and four deputy inspectors, who shall, at the time of their appointment, be qualified voters . 7 . r . TT in the ward of which such precinct forms a part. He may, in like manner, appoint two inspectors and two deputy inspectors in addition. Every such nomination shall be filed in the office of the city clerk of such city in the month of August, and on or before the thirty-first day of said month, and shall be acted upon by the board of alder- men not less than three days after the filing of such nomination and on or before the second Monday in Sep- tember following. Such nomination shall be open to public inspection. J n Boston the election officers as aforesaid shall be ap- pointed by the election commissioners except that no dep- uty election officers shall be appointed. SECTION 201. The selectmen of every town divided into voting precincts shall annually, between the first and fifteenth day of August, appoint as election officers J ELECTION OFFICERS. 75 for each voting precinct, one warden, one deputy warden, one clerk, one deputy clerk, two inspectors and two deputy inspectors, who shall be voters of the precinct. They may, in like manner, appoint two inspectors and two deputy inspectors in addition. SECTION 202. Such election officers shall be so ap- Election pointed as equally to represent the two leading political eqiSiy repre- parties, except that, without disturbing the equal repre- JS^^^SSt- sentation of such parties, not more than two of such elec- J;Ji parties> tion officers not representing either of them may be [UL n. . appointed. The warden shall be of a different political 1903, 454, 9. /> ITT -i i i I/*/? ii 1905, dob, 7. party from the clerk, and not more than one hall ol the inspectors shall be of the same political party. In each case the principal officer and his deputy shall be of the same political party. Every election officer shall hold Term of office, office for one year, beginning with the fifteenth day of September succeeding his appointment, and until his suc- cessor is appointed and qualified, or until his removal. An election officer may be removed by the mayor, with the approval of the aldermen, or by the selectmen, in Boston by the election commissioners, after a hearing, upon written charges of incompetence or official miscon- duct preferred by the city or town clerk, in Boston by the election commissioners, or by not less than six voters of the ward, or, in a town, of the voting precinct in which the officer is appointed to act. SECTION 203. In Boston, the election commissioners Removal of may upon the day of any election therein, forthwith re- fi e Boston^n ers move any election officer found to be incompetent or so election. f an conducting himself as to prejudice the public interest, R.L. 11,5174. and appoint some other person of the same political party in his place; and the officer so removed shall receive no compensation for services rendered on such day, and shall be disqualified for appointment as an election officer for one year thereafter. SECTION 204. If a vacancy in the number of the elec- Filling of tion officers occurs before the twentieth day of September the^umbe? of in any year, or, in a city, after the annual state election officers 1 ! and one week at least before the annual city election, or f 7 ' 5 L - n> 8< if an election officer declines his appointment and gives Jjjjj|- |fg' | f notice thereof to the city or town clerk, or in Boston to the election commissioners, before the twentieth day of September, or, if at a special election the office of an 76 ELECTION OFEICERS. Candidates not eligible to act as election officers in certain cases. R. L. 11, 8, 176. Deputy to act in place of principal, etc. R. L. 11, 177 Ballot clerks of precincts, detail, duties, etc. R. L. 11, 178 Presiding officers in towns not divided into precincts, etc. R. L. 11, 179. election officer is vacant, the mayor, with the approval of the aldermen, or the selectmen, shall fill the vacancy; and the appointment shall be so made as to preserve the equal representation of the two leading political parties. Appointments to fill vacancies may be acted upon imme- diately by the board of aldermen. In Boston such vacan- cies shall be filled by the election commissioners. SECTION 205. No person shall, at a state, city or town election, be eligible or act as an election officer in a voting precinct in which he is a candidate for election; and if a person who has been appointed an election officer becomes such a candidate, and does not forthwith resign his office, the mayor or selectmen, in Boston the election commis- sioners, shall, if he is a candidate at a state election, remove him from office before the first day of November, or, if he is a candidate at a city election, the mayor, in Boston the election commissioners, shall so remove him at least eight days before the day of the election, or if he is a candidate at a town election the selectmen shall remove him before the election. SECTION 206. If a warden, clerk or inspector is absent at the opening of the polls or subsequently on the day of election, or if the office is vacant, the deputy of such officer shall act for that election in his place. If the warden and deputy warden, clerk and deputy clerk, or an inspector and his deputy, shall be absent, the voters of the precinct on nomination and by hand vote shall fill the vacancy, and the officer so elected shall act during the remainder of the election; but otherwise no deputy officer shall act in an official capacity or be admitted to the space reserved for election officers while the polls are open or during the counting of the votes. SECTION 207. At state elections in cities and in towns divided into voting precincts, and in city elections, the presiding election officer of each voting place or precinct shall detail two inspectors of different political parties to act as ballot clerks, who shall have charge of the ballots and shall furnish them to voters. SECTION 208. The selectmen in towns not divided into voting precincts shall, at meetings for the election of state officers, have the powers of wardens in cities or moderators in towns, and shall act by their chairman or senior mem- ber present, who shall be regarded as the presiding election officer. ELECTION OFFICERS. 77 SECTION 209. At state elections in towns not divided P a c l e r \ a c ; rks into voting precincts, and at town elections in towns in ^ftment, which official ballots are used, the selectmen shall, before J 1 *} 68 ^ ' lgo the opening of the polls, appoint two voters as ballot clerks, who shall have charge of the ballots and shall furnish them to voters. The selectmen or the moderator presiding at such election may subsequently appoint additional ballot clerks, not exceeding one for every four hundred voters and majority fraction thereof, and may likewise fill any va- cancy after the opening of the polls. Such ballot clerks Political shall be so appointed as to represent the two leading tf(?n esei political parties as equally as may be, except that such additional ballot clerks may be appointed from voters not representing either of them. SECTION 210. Every election officer before entering Oath of office upon the performance of his official duties shall be sworn officers, before the city or town clerk, a justice of the peace, or the presiding officer or clerk at the polls, and a record thereof shall be made. In Boston, the oath, except in case of vacancies filled at the polls, shall be taken before an election commissioner and record thereof made. SECTION 211. Selectmen of towns shall, at least five days before a state or town election, appoint voters as tellers to assist at the ballot box and in checking the names R ' L ' llf 182 ' of voters upon the voting lists, and in canvassing and counting the votes. Presiding officers in such towns, at state and town elections, may appoint voters as additional tellers, and they shall do so when requested in writing by ten voters of the town. Tellers appointed at elections Political rep- at which official ballots are used shall be so appointed that the election officers making and assisting in the can- vass and count of votes shall equally represent the two leading political parties. SECTION 212. Election officers shall receive such com- Election pensation for each day's actual service as the city council compensation, or the selectmen respectively may determine ; but no dep- R> L> llf uty officer shall receive compensation except for attend- ance at the opening of the polls or for services in place of an absent officer. SECTION 213. If the office of city clerk shall be vacant, S^ r y k p r ro own or if a city clerk shall be unable to perform the duties ^ n g >0 [J - 184 required by this chapter, the mayor shall appoint a clerk pro tempore to perform the duties required hereunder. If the office of town clerk shall be vacant, or a town clerk 78 VOTING PLACES. Supervisors of elections, appointment, political representa- tion. R. L. 11, 185. To be sworn, powers and duties. Compensation . shall be unable to perform the duties required hereunder, the selectmen shall in writing under their hands, appoint a clerk pro tempore. Such clerk pro tempore shall be sworn to the faithful performance of his duties. SECTION 214. The governor, with the advice and con- sent of the council, shall, upon the petition in writing of ten qualified voters of a ward or of a town, presented to him at least twenty-one days before a state or city election therein, appoint for such ward or town or for each of such voting precincts as may be named in the petition, two voters of the city or town, who shall not be signers of the petition or members of any political committee or candidates for any office, to act as supervisors at such election. One supervisor shall be appointed from each of the two leading political parties. They shall be sworn to the faithful performance of their duties by the city or town clerk or by a justice of the peace. The supervisors shall attend the polling places for which they are ap- pointed, may challenge persons offering to vote, and shall witness the conduct of the election and the counting of votes; but they shall not make any statement tending to reveal the state of the polls before the public declaration of the vote. They shall remain where the ballot boxes are kept after the polls are open and until the ballots are sealed for transmission to the officers entitled to receive them. Each supervisor may affix his signature, for the purpose of identification, to the copy of the record of votes cast, or attach thereto any statement touching the truth or fairness or conduct of the election. Supervisors shall receive such compensation for each day's actual ser- vice as the city council or the selectmen may determine. Polling places, designation, preparation, etc. R. L. 11, 186. 1906, 311, 1. Voting booths may be placed in highways, etc. VOTING PLACES. SECTION 215. The aldermen in cities and the select- men of every town divided into voting precincts, and in Boston the election commissioners, shall, thirty days at least before the annual state or city election and ten days at least before any special election of a state or city officer therein, designate the polling place for each voting pre- cinct and shall cause it to be suitably fitted up and pre- pared therefor. In a city or town which has provided voting booths such booths may be placed in the highways ELECTION APPAEATUS AND BLANKS. 79 of such city or town, provided said highways are left reasonably safe and convenient for public travel. It shall ^eniSiSy 1 " be in a public, orderly and convenient portion of the located, etc. precinct ; but if no such polling place can be had within the precinct, they may designate a polling place in an adjoining precinct. No building or portion of a building Certain build- shall be designated or used as a polling place in which lTsed not intoxicating liquor has been sold within the thirty days preceding the day of the election. When the polling places Notice to be have been designated, the aldermen, and in Boston the glven> et election commissioners, shall, in at least ten public places in each precinct of the city, and selectmen, in at least three public places in each precinct of the town, forthwith post a printed description of the polling places designated, and may give further notice thereof. SECTION 216. The board of aldermen or the selectmen, Marking in Boston the election commissioners, shall cause each gua rd rails to polling place in their respective cities and towns to be etc? led ' provided with a sufficient number of suitable marking J|- 7 L - 11> 8> shelves or compartments where voters may conveniently and secretly mark their ballots; and they shall cause a guard rail to be so placed that only persons who are inside thereof can approach within six feet of the ballot boxes or of the marking shelves or compartments. The ballot boxes and the marking shelves or compartments shall be in open view of persons in the polling place outside the guard rail. The number of marking shelves or com- partments shall be not less than one for every seventy-five voters at such polling place, and not less than five in any voting precinct of a city, and not less than three in any town or voting precinct thereof. Each marking shelf or Supplies, etc., compartment shall at all times be provided with proper " supplies and conveniences for marking the ballots. BALLOT BOXES, VOTING MACHINES, COUNTING APPARATUS AND BLANKS. SECTION 217. The secretary of the commonwealth state ballot shall, at the expense of the commonwealth, provide every counting city and town for use at every polling place therein with be P P a ro a vided? a state ballot box and counting apparatus approved by the ** {g 8 n 70 board of voting machine examiners as provided in section i903, 368, 2. two hundred and twenty-four of this chapter. Ballot 80 ELECTION APPARATUS AND BLANKS. Blank forms to be pro- vided. Blanks and envelopes for returns of votes, etc. R. L. 11, 189 Ballot boxes and counting apparatus, care, repair, etc. R. L. 11, 8, 190. Defective ballot boxes, etc., may be replaced. R. L. 11, 191. Precinct seals, use, custody, etc. R. L. 11, 8, 193. boxes shall be purchased by the secretary at a price not exceeding fifty dollars each. The secretary shall like- wise provide every city and town for use at each polling place by the election officers in the canvass and count of votes, with suitable blank forms, approved by the secre- tary, the treasurer and receiver general, and the auditor of accounts, or by a majority of them. SECTION" 218. The secretary of the commonwealth shall provide every city and town with suitable blank forms and envelopes for all certificates, copies of records and returns required to be made at his office, with such printed directions thereon as he may deem necessary; and such other blank forms and suggestions and instructions, as will assist the election officers in the performance of their duties. The clerk of the courts of the several coun- ties shall in like manner provide cities and towns with suitable blank forms and envelopes for all certificates, copies of records and returns required to be made to the county commissioners and boards of examiners. SECTION 219. The clerk of each city or town, in Bos- ton the election commissioners, shall provide therein a place for the safe keeping of the ballot boxes and counting apparatus furnished by the commonwealth, shall have the care and custody thereof, and shall see that they are kept in good order and repair. The custody, care and repair of all such ballot boxes and apparatus shall be at the expense of the city or town, but shall be subject to the supervision and control of the secretary of the common- wealth, who may, at the expense of the commonwealth, subject to approval as aforesaid, cause necessary improve- ments to be made in any of such ballot boxes or apparatus. SECTION 220. If a state ballot box becomes defective or is lost or destroyed, the secretary of the commonwealth shall, upon application by the clerk of the city or town in which such box is used or by the election commis- sioners of the city of Boston, provide another ballot box at the expense of such city or town. SECTION 221. The clerk of every city, in Boston the election commissioners, and the clerk of every town divided into voting precincts shall furnish to the clerk of each voting precinct a seal of suitable device, with a designation thereon of such precinct; and such seal shall be used in sealing all envelopes required by law to be used at the elec- ELECTION APPAKATUS AND BLANKS. 81 tions. The clerk of the precinct shall retain the custody of the seal, and shall, at the end of his term of office, deliver the same, with the records of the precinct and other official documents in his custody, to the city or town clerk, or election commissioners. SECTION 222. Every city and town clerk, or in Boston Ballot box, the election commissioners, shall send to the election offi- eT c pa to be cers at each polling place, before the opening of the polls place* E on the day of an election or meeting at which the same are Jg 4 L ' n> 8> required to be used, the ballot box, blank forms and count- ing and other apparatus. SECTION 223. There shall be a state board of voting state board machine examiners, consisting of three persons, of whom machine ex- one shall be an expert in patent law, and two shall be JSSS^tT mechanical experts. Said examiners shall be appointed R.T.'ii, 270. by the governor in the month of June in the year nine- 1903 - 368, i. teen hundred and eight and every five years thereafter. They shall hold office for the term of five years, subject, however, to removal at the pleasure of the governor; and any vacancy shall be filled by the governor for the re- mainder of the unexpired term. No person shall be Certain per- eligible for appointment who has a pecuniary interest in Sbie. any voting machine, ballot box or counting apparatus. Their compensation shall be paid by the persons sub- Compensation. mitting the machines, boxes or counting apparatus for examination ; and such compensation shall not exceed one hundred and fifty dollars to each examiner for the exam- ination or re-examination of a machine, fifteen dollars for the examination or re-examination of a ballot box, and five dollars for the examination or re-examination of counting apparatus. SECTION 224. Said voting machine examiners shall at Examination i i i i ITT ancl approval such times, under such conditions, and after such public of voting i -i-ni . \ machines, notice as they shall determine, examine voting machines, ballot boxes ballot boxes and counting apparatus ; and they shall certify to the secretary of the commonwealth their approval of f igg/fco. such machines, ballot boxes and counting apparatus as in 1903 ' 368> 2 - their judgment conform to the requirements of law. Vot- ing machines shall furnish convenient, simple and satis- factory means of voting and of ascertaining the true result thereof with facility and accuracy, special regard being given to the prevention and detection of double voting; but no machine shall be approved which does not secure 82 ELECTION APPARATUS AND BLANKS. Only approved machines, ballot boxes and counting apparatus to be used. Purchase and use of voting machines. R. L. 11, 8, 271. Persons of whom voting machines or ballot boxes are purchased to give bond, etc. R. L. 11, 192, 272. 1903, 368, 3. 1905, 313, 1. to the voter as much secrecy in voting as is afforded by the use of the official ballot. Ballot boxes shall have suffi- cient locks and keys or seal fastenings, and shall contain mechanical devices for receiving, registering and cancel- ling every ballot deposited therein; but no such box shall record any distinguishing number or mark upon a ballot. No machine, ballot box or counting apparatus except such as is approved in accordance with the provisions of this section shall be used at any election, caucus or primary in this commonwealth ; nor shall any such machines, ballot boxes or counting apparatus be used except in accordance with the provisions of this and the four following sections. SECTION 225. A city or town may, at a meeting held not less than ten days before the annual city election in a city and before the annual town meeting in a town, de- termine upon and purchase one or more voting machines, approved as provided in the preceding section, and order the use thereof at elections of state, city or town officers in said city or town; and thereafter at all elections of state, city or town officers in said city or town, until otherwise ordered by the aldermen in a city and the select- men in a town, said machines shall be used for the purpose of voting for the officers to be elected at such elections and for taking the vote upon the question of granting licenses for the sale of intoxicating liquors and upon other questions submitted to the voters, and shall also be used at caucuses if in a town or in a ward of a city, fifty voters, members of the political party whose caucus is to be held, sign and file such request with the city or town clerk. In Boston, the power to determine upon, purchase and order the use of voting machines shall be vested in a board consisting of the election commissioners and the mayor of the city; and the expense so incurred shall be deemed an expense of the election department of said city ; and the machines so purchased shall be used at such elec- tions, caucuses and primaries in that city as the election commissioners may from time to time determine. SECTION 226. When voting machines or ballot boxes are purchased by the commonwealth or a city or town the persons of whom the purchase is made shall give to the secretary of the commonwealth or city or town clerk as the case may be a bond with sufficient sureties to keep such machines or ballot boxes in working order for two years at their own expense. Such persons shall also give PREPARATION AND FORM OF BALLOTS. 83 a bond with sufficient sureties, conditioned to defend and indemnify the commonwealth or cities and towns pur- chasing and using the machines or ballot boxes, against any suit at law or in equity, and for any expense, damage or inconvenience which they may incur or suffer by reason of any suit brought against them for infringement of patents, arising from the purchase or use of such machines or ballot boxes. SECTION 227. The secretary of the commonwealth shall make regulations for the use of the voting machines, ballot boxes and counting apparatus approved by the state board of voting machine examiners, and shall prepare and fur- apparatus, nish suitable instructions for the voters in cities and towns 1905! 313, 2.' in which such machines, ballot boxes and counting appara- tus are used. SECTION 228. ~No voting machine shall be used at an Voting election, caucus or primary until it has been inspected under the direction of the secretary of the commonwealth, and found upon such inspection to conform to drawings igjj 8 and specifications to be filed in the office of the secretary 454 - by the board of examiners, with their report on the ma- chine, nor shall any ballot box or counting apparatus be so used until it has been inspected and approved under the direction of the secretary. PREPARATION AND FORM OF BALLOTS- SECTION 229. All ballots for use in elections of state Ballots, prepa- officers shall be prepared and furnished by the secretary fSSSshtng. of the commonwealth ; all ballots for use in elections of ^ 5 L - n 8 - city officers, by the city clerk, in Boston by the election commissioners ; and all ballots for use in elections of town officers, in a town which has voted to use official ballots, by the town clerk. No ballots as herein provided shall be Ballots not to printed in any printing establishment owned or managed clrfa^Stab- by the city of Boston. Ushments. SECTION 230. General ballots for the use of male vot- General , ,, . ballots. ers in a voting precinct or town shall contain the names R. L. 11, 195. of all candidates duly nominated for election therein, and such ballots shall, except as provided in section two hun- dred and thirty-two, contain the name of no other person. To the name of each candidate for a state office shall be Residence to added the name of the city or town in which the candidate name^T* to resides. To the name of each candidate for a city office candidate. PREPARATION AND FORM OF BALLOTS. Political designation. Candidates with same designation. Designation of certain candidates nominated by nomination papers. Candidates receiving nomination of more than one party, etc., may direct as to order on ballot. Arrangement of names. R. L. 11, 8, 197. 1907, 429, 8. shall be added the name of the street on which he resides, with his street number, if any ; and to the name of each candidate for the office of alderman-at-large shall also be added the number of the ward in which he resides. To the name of each candidate for a state or city office shall be added his party or political designation, expressed in accordance with section one hundred and seventy-five. To the name of each candidate for a town office upon an official ballot shall be added the designation of the party or principle which he represents, contained in the certifi- cate of nomination or nomination papers. No greater number of candidates for any office, bearing the same political designation, nominated otherwise than by nom- ination papers, shall be placed upon the official ballot than are to be elected. If the name of a political party is used in connection with some other name or term as the designation of a candidate nominated for a state or city office by a nom- ination paper, the words " nomination paper ", or " nom. paper ", shall be added to such political designation. If a candidate shall receive the nomination of more than one party or more than one political designation for the same office, he may, within the seventy-two hours next succeeding five o'clock of the last day fixed for the filing of nomination papers, by a writing delivered to the officer or board required by law to prepare the official ballot, direct in what order the several nominations or political designations shall be added to his name upon the official ballot; and such directions shall be foDowed by the said officer or board. If, during said time, said candidate shall neglect to direct in writing as aforesaid, then said officer or board shall add said nominations or political designations to the name of said candidate upon the offi- cial ballot in such order as said officer or board shall de- termine. SECTION 231. The names of candidates for every state, city and town office, except the names of candidates for presidential electors, shall be arranged under the desig- nation of the office in alphabetical order according to the surnames ; but the names of candidates for the same office but for different terms of service therein shall be arranged in groups according to the length of their respective terms, and the names of candidates nominated by single wards PREPARATION AND FORM OF BALLOTS. 85 but to be voted for at large shall be arranged in groups by wards. In the case of the office of representative in Designation congress, the designation may be " congressman." Blank repre?en e t?- spaces shall be left at the end of the list of candidates for ess. n n ~ each different office, equal to the number to be elected Blank spaces thereto, in which the voter may insert the name of any person not printed on the ballot for whom he desires to vote for such office. If the approval of a constitutional Question to ..,.,, De submitted amendment or any other question is submitted to the vot- to voters, ers, it shall be printed on the ballot after the names of the candidates. Special ballots containing only the names of candidates Special for school committee shall also be prepared in like manner b and printed for the use of women qualified by law to vote for school committee. Ballots shall be so printed as to give to each voter an Marking of opportunity to designate by a cross [ X ], in a square at directions for, the right of the name and designation of each candidate, etc - and at the right of each question, his choice of candidates and his answer to such question ; and upon the ballots may be printed such directions as will aid the voter: for ex- ample, " vote for one ", " vote for two ", " yes ", " no ", and the like. On the back and outside of each ballot when folded shall be printed the words, " Official Ballot for ", followed by the designation of the voting precinct or town for which the ballot is prepared, the date of elec- tion, and a facsimile of the signature of the secretary of the commonwealth, or city or town clerk, in Boston a facsimile of the signatures of the election commissioners, who has caused the ballot to be prepared. Special ballots shall have the additional indorsement, " For School Com- mittee only ". . SECTION 232. The names of candidates for presidential Presidential i in! i electors, electors shall be arranged in groups as presented in the arrangement -, ,.p ,. c of names of several certificates of nomination or nomination papers, candidates, The groups shall be arranged in the alphabetical order of R. C L. 11, 198. the surnames of the candidates for president, and the names of the candidates in each group shall be printed upon the ballots in two columns of equal width. If candi- dates are nominated at large and for the several con- gressional districts, the name and place of residence of one of the candidates at large shall be put at the head of each column, and the names of the other candidates with 86 PREPAKATION AND FORM OF BALLOTS. their places of residence and the numbers of their con- gressional districts shall follow in the numerical order of the districts. The surnames of the candidates of each political party for the offices of president and vice presi- dent, with the political designation thereof at the right of the surnames, shall be placed in one line above the group of candidates of such party for electors. A suffi- cient square in which each voter may designate by a cross [ X ] his choice for electors shall be left at the right of each political designation; and no other space or margin shall be left in any such group of candidates, official SECTION 233. The official ballots shall, except as other- ballots, paper, . .111 i c T i. * size, form, wise provided herein, be of ordinary white printing paper, R. L! 11, 199. of two or more pages, and shall, before distribution, be so folded as to measure not less than four and one half inches nor more than five inches in width and not less than six inches nor more than thirteen and one half inches in length. The names of all candidates shall be printed in black ink in lines at a right angle with the length of the ballot. The names of all candidates, other than candidates for presidential electors and for president and vice presi- dent, and the initial letters of all names of candidates for presidential electors, shall be in capital letters not less than one eighth of an inch nor more than one quarter of an inch in height. The surnames and political designa- tions of the candidates for president and vice president shall be in capital letters not less than three sixteenths of an inch in height. totSiStod" The special ballots for women registered to vote for pa P C er lored school committee shall be printed on colored paper of a different color from that of specimen ballots. an a d 10 ci?y s ei a ec e - SECTION 234. Two sets of ballots, each of not less tobe number t ^ ian s i x ty ballots f r every fifty and fraction of fifty provided. voters, shall be provided for each polling place at which an election for state or city officers is to be held. Two sets of special ballots, each of not less than sixty ballots for every fifty and fraction of fifty women registered to vote for school committee shall be provided for each poll- ing place at which an election for city officers is to be held. Sons" lumber If ballots are prepared -by the town clerk, one set of to be provided. genera i ballots of not less than sixty ballots for every fifty and fraction of fifty voters shall be provided. One set "of special ballots of not less than sixty ballots for every INFORMATION TO VOTERS. 87 fifty and fraction of fifty women registered to vote for school committee shall be provided. A sufficient number of partial ballots in state elections Partial ballots, shall be prepared for voters who may be entitled to vote certain c'Les. for a part only of the officers to be voted for in a city or town. A statement shall be printed on the back of such ballots, in addition to the official indorsement, indi- cating the class of voters for whose use the ballots are furnished, and such ballots only shall be furnished to such voters. SECTION 235. Ballots, in convenient numbers, shall S*dfe* be arranged in packages. A record of the number of packages etc. . ,, e . i 1 i V- -i , i IT i in R. L. 11, 201. ballots printed and delivered to each polling place shall be kept by the secretary of the commonwealth, or the city or town clerk, for one year. SECTION 236. If a vacancy occurs or is declared in the Anting of > .,..,.,. ballots when list of nominations, by reason ol death or inehgibility, a vacancy the name of the candidate nominated to fill such vacancy R. iTii, 202. shall, if the ballots have not been printed, be placed on them or, if the ballots have been printed, ballots contain- ing the new nomination shall, when practicable, be sub- stituted. INFORMATION TO VOTERS. SECTION 237. The secretary of the commonwealth in P a s r t ^ c t f ion> state elections, city clerks in city elections, in Boston the gc- L n 8 election commissioners, and town clerks in town elections 203. at which official ballots are used, shall, for every such election, prepare and cause to be printed in large clear type cards containing full instructions to voters for ob- taining ballots, marking them, obtaining assistance and new ballots in place of those accidentally spoiled ; and on separate cards such abstracts of the laws imposing pen- alties upon voters as they shall deem proper. They shall also provide for each polling place ten or more specimen ballots which shall be facsimiles of the ballots provided for voting, but printed without the indorsements and on colored paper. The secretary of the commonwealth shall provide copies of any proposed amendment to the con- stitution submitted to the people, with a heading in large tution. type, " Proposed Amendment to the Constitution ". SECTION 238. The secretary of the commonwealth Lists of can- shall, at least five days before state elections, transmit state elections, to the registrars, in Boston to the election commissioners, mittedTo" 8 ' 88 DELIYEEY OF BALLOTS, ETC. registrars, printed lists of the names, residences and designations R.L. 11, 8, of candidates to be voted for at each polling place, sub- 1907, 429, 9. stantially in the form of the official ballot, and also printed copies of any proposed amendment to the constitution. TO be posted. ^^Q registrars or election commissioners shall, upon the receipt thereof, conspicuously post in not less than three public places in each voting precinct or town the lists and copies aforesaid for such precinct or town. jty. election, SECTION 239. City clerks, in Boston the election com- guwication. missioners, shall, at least four days before a city election, 205. ' cause to be posted in every voting precinct the names, residences and designations of all candidates duly nom- inated to be voted for in such city, substantially in the form of the official ballot, and cause the same to be published in at least two newspapers, if there are so many published in said city, representing so far as practicable the two leading political parties. posTi!i| lecti n ' SECTION 240. Town clerks in towns using official bal- R. L. li, 206. lots shall, at least four days before an election therein, cause to be posted in one or more public places the names, residences and designations of all candidates duly nom- inated to be voted for in such town, substantially in the form of the official ballot. Lists of SECTION 241. The secretary of the commonwealth, be- candidates, ,, _ . 1 1 i t i t * * etc., state and lore state elections, shall cause to be published a list of tobe e pSb n ' all candidates to be voted for in the county and the R. h L?ii, s, question on the approval and ratification of any proposed amendment to the constitution, and the city clerks, in Boston the election commissioners, before city elections, a list of all candidates to be voted for in their respective cities. Such lists and questions shall be in the form, as near as may be, in which they are to appear upon the official ballot, and said publication shall be made for state elections in at least two newspapers in the county and for city elections in at least two newspapers in the city, if there are so many in the county or city, repre- senting so far as practicable the two leading political parties. DELIVERY OF BALLOTS, ETC. SECTION 242. Each set of ballots, for state elections, 8 be enclosed in one package by the secretary of the 208. ' commonwealth, sealed and marked with the number of DELIVERY OF BALLOTS, ETC. 89 ballots of each kind therein, and specimen ballots, cards of instruction and copies of any proposed amendment to the constitution shall be enclosed in another package, and the whole shall be further enclosed in a single pack- age with marks on the outside indicating its contents and the polling place for which it is intended. He shall transmit to the city or town clerks, in Boston Delivery, to the election commissioners, at different times or by r< )rd ' etc - different means two sets of ballots, cards of instruction and copies of proposed amendments to the constitution, so that both sets shall be received at least twelve hours before the date of election, and the clerks or election commissioners shall return receipts therefor to the secre- tary. He shall keep a record of the time when and the manner in which the several packages are transmitted, and shall preserve the receipts therefor for one year. The clerk of each city, in Boston the election commis- city and sioners, and the clerk of each town using official ballots shall enclose the ballots, specimen ballots and cards of instruction for city or town elections in the same manner. SECTION 243. The city or town clerk, in Boston the Delivery at election commissioners, shall, on the day of every state and S city ate or city election, before the opening of the polls, transmit f{ C L io ii 8 ' g to the election officers of each polling place therein, one set fork 2 ^ m of ballots with accompanying specimen ballots, cards of instruction and copies of proposed amendments to the con- stitution, which have been provided for such polling place ; and the presiding election officer at the polling place shall receipt therefor to the clerk, or election commissioners, and such receipt, with a record of the number of ballots transmitted, shall be kept in the clerk's or election com- missioners' office for one year. The second set of ballots second set. shall be retained by the clerk or election commissioners until the receipt by him or them of a requisition in writ- ing of the presiding election officer of any polling place, when it shall be transmitted to such polling place in the manner above provided as to the first set. At town elec- At town tions, the town clerk shall, on the day of the election, electlons - before the opening of the polls, deliver the ballots at the polling place to the ballot clerks, who shall receipt there- for, and their receipt shall be preserved in the office of the clerk for the period of one year. If a moderator presides at such election, no such ballots shall be delivered to 90 CALLING OF ELECTIONS. Substitute ballots. R. L. 11, i 210. voters until he has been chosen. The town clerk shall also deliver the specimen ballots and cards of instruction at the same time and place. No ballots or specimen ballots shall be delivered by city or town clerks except as provided in this section. SECTION 244. If the ballots provided for any polling 8 place are not delivered, or if after delivery they are destroyed or stolen, the city or town clerk, in Boston the election commissioners, shall cause similar ballots to be prepared; and upon receipt of such new ballots, accom- panied by a statement by the clerk or election commis- sioners under oath that they have been so prepared and transmitted by him or them, and that the original ballots have not been delivered or have been so destroyed or stolen, the ballots so substituted shall be used. Annual state election, date, officers to be chosen. Calls for. election in cities. R. L. 11, 212. In towns. Seven days' notice to be given. CALLING OF ELECTIONS. SECTION 245. The annual state election for the choice of governor, lieutenant governor, councillors, secretary, treasurer and receiver general, attorney-general, auditor of accounts, and senators and representatives in the gen- eral court, shall be held on the Tuesday next after the first Monday in November. There shall also be chosen at the annual state election, when required by law, presidential electors, and, in their respective districts or counties, rep- resentatives in congress, district attorneys, clerks of the courts, registers of probate and insolvency, registers of deeds, county commissioners, associate commissioners, sheriffs and county treasurers. SECTION 246. Meetings of the voters of each city for the election of state officers and city officers shall be called by the aldermen, and the city clerk shall, under their direction, cause notice of such meetings to be printed in one or more newspapers published in such city and to be conspicuously posted in the office of the city clerk ; and in Boston, in at least four daily newspapers published therein. Such notices shall be in lieu of the notices or warrants for election required in any city by special stat- utes. Meetings of the voters of each town for the election of state officers and town officers shall be called as pro- vided in section three hundred and fifty-six. Meetings for the annual state, city and town elections shall be called CONDUCT OF ELECTIONS. 91 at least seven days before the day prescribed for the hold- ing thereof. SECTION 247. Notices or warrants for meetings for Warrants, etc., state and city elections and for the election of town officers offiS) t. c . in towns where official ballots are used shall specify by f^' \\\* 213 - name all the offices to be voted for, and state in full any proposed amendment to the constitution or other question submitted to the people. They shall specify the time TO specify i T 11 TI i i i i ' i ^1 time for open- when the polls will be opened, and in cities, when the i ng and dosing polls will be closed, and in towns, when they may be polls ' etc ' closed. In cities, the polls may be opened as early as six in cities, time o'clock in the forenoon and shall be opened as early as ciosm^polfi! 1 ten o'clock in the forenoon and shall be kept open at least six hours, but in no case after the hour of sunset. In towns, at the election of state and town officers, the in towns, polls may be opened as early as fifteen minutes before six inland ?o o'clock in the forenoon and shall be opened as early as mgpolls - twelve o'clock, noon, and shall be kept open at least four hours, and until the time specified in the warrant when they may be closed ; and they may be kept open for such longer time as the meeting shall direct, but they shall not be kept open after the hour of sunset. At annual town meetings they shall be kept open at least one hour for the reception of votes upon the question of licensing the sale of intoxicating liquors. After an announcement has been made by the presiding officer of a time so fixed for closing the polls they shall not be closed at an earlier hour. CONDUCT OF ELECTIONS. SECTION 248. At an election of state or city officers, state and city the presiding election officer at each polling place in a posVng In- city or town shall, before the opening of the polls, post R P L Ct n ns 214. at least three cards of instruction, three copies of proposed 1907 ' 429 - n - constitutional amendments, if any, and at least five speci- men ballots within the polling place outside the guard rail, and the cards of instruction and a copy of any pro- posed amendment in each marking compartment; and no other poster, card, handbill, placard, picture or circular intended to influence the action of the voter, except a paster to be placed upon the official ballot, shall be posted, circulated or distributed in the polling place, in the build- 92 CONDUCT OF ELECTIONS. Pasters to be subject to certain restrictions. Delivering of ballots to ballot clerks. Specimen bal- lots not posted to be kept in custody of pre- siding officer. State ballot boxes to be used, etc. At opening of polls to be shown to be empty. R. L. 11, 8, 215. Record, custody of key. Not to be re- moved from public view. Opening of box, removal of ballots, etc. Presiding officer to have charge of ballot box, etc. State ballot boxes, pro- ceeding, when impossible to use. ing in which the polling place is located, on the walls thereof, on the premises on which the building stands or on the sidewalk adjoining the premises where such elec- tion is being held. Pasters to be placed on the official ballot shall be subject to all the restrictions imposed by sections two hundred and thirty and two hundred and thirty-three as to names, residences and political designa- tions of candidates and the size of the type in which the names shall be printed. The presiding election officer shall, at the opening of the polls, publicly open the pack- ages containing the ballots and deliver them to the ballot clerks. All specimen ballots not posted shall be kept in the custody of the presiding officer until after the closing of the polls. SECTION 249. The state ballot boxes shall be used for receiving the ballots in state and city elections, and in town elections where official ballots are used. The election officers at each polling place shall, at the opening of the polls and before any ballots are received, publicly open the ballot box, and ascertain by personal examination, and publicly show that the same is empty, and shall imme- diately thereafter lock or fasten the box. The clerk of the precinct or town shall make a record of the condition of the box register, and, if a key is used, it shall be retained by the police officer or constable at the polling place. The ballot box shall not, after it is shown to be empty, be removed from public view until all ballots have been removed therefrom and the box has been relocked or sealed. The ballot box shall not be opened nor any ballot removed therefrom until the polls are closed, except as provided in section two hundred and seventy ; but in order to make room for ballots, the presiding officer may, in the presence of all the election officers, open the box and pack and press down the ballots therein. The presiding officer of each polling place shall have charge of the ballot box and ballot box seal, and shall, at the close of each election, return the same, either per- sonally or by a police officer or constable in attendance at the polling place, to the city or town clerk, in Boston to the election commissioners. If it becomes impossible to use the state ballot box, the voting shall proceed in such manner as the presiding officer shall direct, and in such case the clerk shall record the reason why such ballot box is not used, and shall enclose CONDUCT OF ELECTIONS. 93 an attested copy of such record in the envelope with the ballots cast. The provisions as to the use and custody of app7y S t ns to the state ballot box shall, so far as applicable, apply to the substitute. ballot box substituted therefor. SECTION 250. One voting list shall be delivered to voting lists, the ballot clerks and another to the officers in charge of the U se. very and ballot box. When a ballot is delivered to a voter, his name R - L - 11 > 216 - shall be checked on the first and when he deposits his ballot it shall be checked on the second. The officer in Political rep- charge of the ballot box and the officer in charge of the gS^dSt?* voting list shall be of different political parties. SECTION 251. No election officer shall, before the pub- NO statement lie declaration of the vote, make any statement of the before 1 decfa- number of ballots cast, the number of votes given for any R^L*^ 2??. person, the name of any person who has voted or whose name has not been checked, or of any other fact tending to show the state of the polls. SECTION 252. No persons except the election officers, Persons per : supervisors, and voters admitted for the purpose of voting, ^Jard rS. " shall, during the progress of an election and until the R< L ' n> : public declaration of the vote, be permitted within the guard rail, unless authorized by the election officers for the purpose of keeping order and enforcing the law. SECTION 253. No more than four voters, besides elec- Number of tion officers and supervisors, in excess of the number of ^ithin guard d marking compartments provided, shall be allowed at one gii^ ^ ^ time within the guard rail, and except the election officers and supervisors, no voters shall be admitted therein after the time fixed for closing the polls; but voters previously Time for admitted shall be allowed five minutes after the time so fixed to deposit their ballots. of p lls - SECTION 254. The presiding officer at each polling p res iding place shall enforce the performance of their duties by fnefli election officers. He shall have authority to maintain R xd L d ii ie |' order and to enforce obedience to his lawful commands, during an election and the counting of the ballots after the close of the polls, in and about the polling place and to keep the access thereto open and unobstructed, and he may require any police officer, constable or other person to communicate his orders and directions and assist in their enforcement. SECTION 255. The board or officer in charge of the Police officerSi police force of each city and town shall detail a sufficient serVe^rder number of police officers or constables for each polling |* c ^ n 2n powers 94 MANNER OF VOTING. place at every election therein to preserve order and to protect the election officers and supervisors from any in- terference with their duties and to aid in enforcing the provisions of this chapter. Persons smok- SECTION 256. Any person who, during an election or having liquor, town meeting, shall, in a polling place or place of such etc., to be ,. R 7 , 7 i T i , i removed. meeting, smoke or have in his possession a lighted pipe, R. L. 11, 222. c jg ar or c ig are tte, or carry into any such place or keep therein any intoxicating liquor, shall be deemed guilty of disorderly conduct; and the presiding officer shall order him to remove such pipe, cigar, cigarette or liquor, or to withdraw from such place, and for disobedience of such order shall cause him to be removed from such polling place or meeting. drtSfed/etS? SECTION 257. If a person at an election refuses to but not pro- ' Q^y the lawful commands of the presiding officer or, by hibited from -i i i -, T voting. ^ disorderly conduct interrupts or disturbs the proceedings of an election officer, the presiding officer may require any police officer, constable or other person to take him into custody and detain him until after the election; but the presiding officer may at any time order his release. Such order of detention shall not be so enforced as to prevent such person, if a voter at that polling place, from voting. office 6 ^ when SECTION 258. Every election officer shall forthwith re- law is violated, port any violation of the provisions of sections two hundred and forty-five to three hundred and two, inclusive, to the police officer or constable in attendance at the polling place, and such police officer or constable shall cause the offender to be prosecuted. MANNER OF VOTING. SECTION 259. Each voter desiring to vote at a polling delivery of ' place where official ballots are used shall give his name ballot, etc. i . /. i i -i < i i n R. L. ii, 225. and, if requested, his residence to one of the ballot clerks, who shall thereupon distinctly announce the same; and if such name is found upon the voting list by the ballot clerk, he shall check and repeat the name and give one ballot to such voter, who shall then be admitted within the guard rail. If not entitled to vote for all the offices upon the ballot, he shall receive a partial ballot. If the voter is a woman, she shall receive a special ballot con- MANNER OF VOTING. 95 taining the names of candidates for school committee only. SECTION 200. The voter on receiving his ballot shall, JJjjJg* ' without leaving the enclosed space, retire alone to one of R. L. 11, 227. the marking compartments, and shall, except in the case of voting for presidential electors, prepare his ballot by making a cross [ X ] in the square at the right of the name of each candidate for whom he intends to vote or by in- serting the name of such candidate in the space provided therefor and making a cross in the square at the right; and, upon a question submitted to the vote of the people, by making a cross in the square at the right of the answer which he intends to give. SECTION 261. A voter may vote for an entire group voting for of candidates for presidential electors by making a cross 5?tora! tial [ X ] in the square at the right of the party or political R - L> u> 228< designation immediately above such group. If a voter does not intend to vote for any one candidate in the group, he may erase his name, and the cross shall count as a vote for each of the other candidates in such group. If a voter desires to vote for another person in place of a candi- date whose name he has erased, he may insert his name in one of the blank spaces and make a cross in the square at the right thereof. A voter who does not mark for any group of candidates may vote for candidates for electors, up to the number to be elected, by inserting names in the blank spaces at the end of the groups of electors and making a cross in the square at the right of each name so inserted. SECTION 262. A voter who declares on oath to the pre- Assistance in siding officer that he had the right to vote on the first day SJiot! 18 of May in the year eighteen hundred and fifty-seven and R< L - n> 229> cannot read, or that from blindness or other physical dis- ability he is unable to prepare his ballot shall be assisted in the marking thereof by one or two of the election officers, who shall be of such political party, represented among the election officers, as the voter may request ; and they shall certify, on the outside of the ballot that it was marked with their assistance, and shall thereafter give no information regarding the same. SECTION 263. Except as authorized by this' chapter, Certain marks no voter, election officer or other person shall place any prohibited. 1 mark upon a ballot by which it may be identified; nor R - L - n - 23 - 96 MANNER OF VOTING. Voter spoiling ballot may obtain others, etc. R. L. 11, 231. 1903, 474, 9. Voter to fold ballot; etc. R. L. 11, 232. Time allowed in enclosed space, etc. Depositing ballot, giving name, etc. R. L. 11, 233. 1903, 474, 10. 1906, 444, 8. No ballot without official endorsement to be de- posited, etc. Voter's name to be checked, etc. Ballots not to be removed, etc. R. L. 11, 234. Proceedings when vote is challenged. R. L. 11, 235. shall any person place a mark against any name upon a ballot not cast by himself. SECTION 264. If a voter spoils a ballot, he may obtain two others, one at a time, upon returning each spoiled one, and all ballots so returned shall immediately be marked by an election officer " Spoiled." SECTION 265. Before leaving the marking compart- ment the voter shall fold his ballot, without displaying the marks thereon, as it was folded when received by him, and he shall keep it so folded until he has voted. A voter shall mark and deposit his ballot without undue delay, and shall leave the space enclosed by the guard rail as soon as he has voted. No voter shall occupy a marking com- partment occupied by another, nor remain within the guard rail more than ten minutes, nor occupy a voting compartment more than five minutes, if all the marking compartments are in use and other voters are waiting to occupy the same. SECTION 266. A voter after marking his ballot shall give his name and, if requested, his residence, to one of the officers in charge of the ballot box, who shall distinctly announce the same. If the name is found upon the voting list by the election officer, he shall distinctly repeat the name, and in Boston the height, and check the name upon the voting list ; and the voter may then deposit his ballot in the ballot box with the official indorsement uppermost and in sight. No ballot without the official indorsement, except as provided in section two hundred and forty-four, shall be deposited in the ballot box. No person shall vote if his name is not on the voting list, nor until the election officer shall check his name thereon, unless he presents a certifi- cate from the registrars of voters as provided by section sixty-four. SECTION 267. No person shall remove any ballot from the space enclosed by the guard rail before the polls are closed. No voter whose name has been checked on the voting list in charge of the. ballot clerk, other than an election officer or supervisor, shall again enter such en- closed space during the election. SECTION 268. If in any state, city or town election at which official ballots are used the right of a person offering to vote is challenged for any legal cause, the presiding officer shall administer to him the following oath: COUNTING OF VOTES. 97 You do solemnly swear [or affirm] that you are the identical person whom you represent yourself to be, that you are registered in this precinct [or town] and that you have not voted at this election. He shall also be required to write his name and resi- dence on the outside of the ballot offered, and the presid- ing officer shall add thereto the name of the person challenging, and the cause assigned therefor, whereupon such ballot shall be received; and no person shall make any statement or give any information in regard thereto, except as required by law. The clerk shall record the name and residence of every person who has been chal- lenged and has voted. COUNTING OF VOTES. SECTION 269. The blank forms and apparatus provided state blanks 1 1 i 11 i -i and apparatus by the secretary of the commonwealth shall be used in as- tobe used, certaining the result of the election or vote in state elections R. L. n, 236. in cities and towns, in city elections, in elections of town officers in towns in which official ballots are used, and also in taking the vote upon any proposed amendment to the constitution, upon the question of granting licenses for the sale of intoxicating liquors, and upon any other question submitted by statute to the voters of the common- wealth, or of any city or town in which official ballots are used. If it is impossible to use such blank forms or appa- proceedings ratus, the canvass of the votes shall be made as the pre- Sw^t^iEST siding officer shall direct; and the clerk shall record the facts relating to the failure to use such blank forms or apparatus, and shall enclose an attested copy of such record in the envelope with the ballots cast. SECTION 270. If the state ballot box is used, the clerk Proceedings shall, as soon as the polls are closed, record the ballot box p iis se register. The election officers shall then, publicly and in 23> L ' llf 8 ' the presence of the other election officers, count audibly and 1906 ' 444 ' 10< distinctly the number of names checked on each list and announce the same. The ballot box shall then be opened by the presiding officer and the ballots taken therefrom and audibly counted, one by one, and the whole number of ballots cast shall be publicly announced by him. The Canvass of ballots may be divided into convenient packages, and, ex- cept as hereinafter provided, each block or package shall 98 COUNTING OF VOTES. At state elections in towns not divided into voting precincts. Announce- ment of result, etc. Baltots, pro- ceedings, etc., to be kept in open view, etc. Removal of ballots from ballot box before voting has ceased, counting, etc. No announce- ment to be made, etc. be canvassed and counted by two election officers repre- senting the two leading political parties, detailed by the presiding officer. Each election officer, in so canvassing and counting votes, shall be under the inspection of an election officer of a different political party. The result of the canvass and count shall be reported to the presiding officer, who shall cause it to be correctly recorded on the blank forms provided for the purpose. At state elections in towns not divided into voting precincts, the canvass and count of votes shall be made by the selectmen and town clerk, w r ho may be assisted by the tellers. The clerk in open meeting shall publicly announce the result of the vote and enter in his records, in words at length, the total number of names of male and female voters checked on the voting lists, the total number of ballots cast, the names of all persons voted for, the number of votes for each person and the title of the office for which he was a candidate, the number of blank ballots for each office, and the number of affirmative and negative votes in answer to any question submitted to the voters, and shall forthwith make a copy of such record, certify and seal up the same, and deliver it to the city or town clerk, in Boston to the election commissioners, who shall forthwith enter it in his or their records. The voting lists and all ballots removed from the ballot box shall be kept in open view of the voters present until enclosed and sealed up, and all proceedings in the can- vass and counting of votes shall be public and in open view of the voters, and there shall be no adjournment or postponement until the canvass and counting have been completed, and the voting lists and ballots have .been enclosed and sealed up. In towns, the ballot box at any polling place may be opened and ballots taken therefrom for counting when all the selectmen and the town clerk, or both the moderator and the town clerk, as the case may be, or all the election officers at the voting precinct shall so order. When the ballots have been thus removed the presiding officer shall select from the election officers an equal number from each of the two leading political parties, who shall can- vass such ballots, in accordance with the provisions of this section; but no announcement of the result of such canvass shall be made by any election officer until the total result of the canvass of ballots has been ascertained. COUNTING OF VOTES. 99 SECTION 271. If the use of a state ballot box is re- Certain ballots quired, no ballot shall be counted unless it has been de- counted, posited in and cancelled by such ballot box, or has been R> L ' U| 238 - otherwise deposited according to the provisions of section two hundred and forty-nine ; and no ballot shall be counted in any election for which official ballots are provided except such ballots. If a voter marks more names than there are persons to be elected to an office, or if his choice cannot be determined, his ballot shall not be counted for such office. Ballots cast but not counted shall be marked " defective " on the outside thereof, and shall be preserved like other ballots. SECTION 272. The presiding officer at every polling Ballots cast to place at elections of state and city officers and of town endorsed, etc. officers in towns in which official ballots are used shall, R- L< llf 239< after the record of the counting has been made, cause all ballots cast to be publicly enclosed in an envelope and sealed up with the seal provided for the purpose, and also with the private seal of any election officer who may desire to affix the same; and a majority of the election officers of the voting precinct or town shall indorse upon such envelope the polling place, the election and the date, and also a certificate that all the ballots cast by the voters of such precinct or town, and none other, are contained therein. He shall cause all ballots not cast to be enclosed SS^be* in an envelope and sealed up as aforesaid, and shall certify sea l? d *}p nd 11 i ' -j i i certified. on the envelope the contents thereof. Such presiding offi- Voting lists to cer shall cause the voting lists to be enclosed in an en- velope and sealed up as aforesaid, and a majority of the election officers shall certify thereon to the identity of the voting lists enclosed. He shall forthwith personally Ballots, vot- deliver to the city or town clerk, or in Boston to the elec- to\e 9 d S eii e vere tion commissioners, or transmit to him or them, by the town* clerk or police officer or constable in attendance at the election, all the ballots cast, and not cast, the voting lists, the ballot box, ballot box seals and. counting apparatus. SECTION 273. Upon written application, signed by at least ten voters in the town or ward of which the precinct checked may ., , . be furnished. forms a part, the city or town clerk, and in Boston the R. L. 11, 240. election commissioners, may open the envelope containing such voting list and may make a copy of the list as checked. In Boston, such copies shall contain only the name and residence of the voter. After any such voting list has Voting lists to i . n -i -i i -i. .. -1-,-ibe again been so copied, said clerk or election commissioners shall sealed and certified. 100 RECORDS AND CERTIFICATES OF ELECTION. Ballots cast, custody, de- struction, etc. R. L. 11, 8, 241. 1903, 474, 11. Voting lists and ballots not cast, custody, dis- position, etc. at once- enclose the list in an envelope and seal up the same and certify thereon to the identity of such lists. SECTION 274. City and town clerks, in Boston the election commissioners, shall retain in their custody the envelope containing the ballots cast, without examining them or permitting them to be examined by any person except as required by law, and upon the expiration of the period fixed for their preservation shall cause such ballots to be destroyed. City and town clerks, in Boston the election commis- sioners, shall retain in their custody the voting lists and ballots not cast as long as they retain the ballots cast. They shall then transmit such voting lists to the registrars of voters for future reference, and shall destroy the ballots marked " Spoiled ", without examining them or permitting them to be examined, and may make such disposition of the undistributed ballots as they may deem proper. Record not to be rejected when votes can be ascertained. R. L. 11, 242. Examination of precinct records, cor- rection, etc. R. L. 11, 243. Examination of precinct records, certification of copies, etc. RECORDS AND CERTIFICATES OF ELECTION. SECTION 275. ~No record of votes cast or copy thereof shall be rejected if the number of votes given for each candidate for an office can be ascertained therefrom. SECTION 276. The aldermen and city clerk, in Boston the election commissioners, and the selectmen and town clerk in towns divided into voting precincts, shall forth- with after a state or city election examine the copies of the records of the election officers, and if any error ap- pears therein, they shall forthwith give notice thereof to the officers by whom the error was made, who shall forth- with make an additional record under oath in conformity with the facts and deliver a copy thereof to the city or town clerk or election commissioners. Such copy of the records made, with or without notice as aforesaid, shall be received by the city or town clerks or election com- missioners at any time before the last day fixed for the transmission of copies of records of the votes cast in the city or town, or on which the results of the election are required to be declared. The aldermen and city clerk, the election commission- ers, and the selectmen and town clerk, shall examine all original and all additional copies of the records and make them part of the records of such election, and shall certify RECORDS AND CERTIFICATES OF ELECTION. 101 and attest copies of the records of votes for the several candidates. SECTION 277. The clerk of each city and town, within Returns of ten days, and in Boston the election commissioners, within tSy S oTtH cre ~ fifteen days, after the day of any election therein for rep- wea/th. n ~ resentative in congress, governor, lieutenant governor, |^ 4 L - n - 5 8 councillor, secretary, treasurer and receiver general, audi- tor of accounts, attorney-general, clerk of courts, register of probate and insolvency, sheriff, district attorney, or senator, or for presidential electors, shall transmit to the secretary of the commonwealth copies of the records of votes for such officers, certified by the aldermen or the selectmen, or by the election commissioners, and attested and sealed by the clerk or by said commissioners. The Returns of city or town clerk shall, within ten days after an election coin S tycom- for county treasurer or register of deeds, transmit to the Jflfk? of rs and county commissioners, and within ten days after an elec- courts ' etc - tion therein for county commissioners or associate commis- sioners, transmit to the clerk of the courts the records of votes for such officers, certified, attested and sealed as aforesaid ; except that in Chelsea, Revere and Winthrop For register of the records of votes for register of deeds shall be trans- county. u mitted to the election commissioners of Boston, and that in Revere and Winthrop the records of votes for county commissioner and associate commissioners shall be trans- Winthrop, etc. mitted to the clerk of the courts for the county of Middle- sex. Such copies shall be transmitted in envelopes, upon TO be trans- which shall be stated the offices for which and the districts in which the votes were cast. SECTION 278. If any such copy transmitted to the Proceedings secretary of the commonwealth is not sealed as required received Pyis by law, he shall forthwith give notice thereof to the officers R nS L al n,'245. who transmitted the same; and thereupon another copy shall be made, attested, certified, sealed and transmitted to the secretary. If the second copy is received by him before determination of the persons appearing to be elected and the original appears to be in substantial conformity therewith, the original copy shall not be rejected. SECTION 279. The secretary of the commonwealth shall ^Sip^tT cause the date of the receipt of each copy of the records ^ e ? iad 1 e - sr * . j . i 1 i i i .. . K. Li. 11, 24b. oi votes to be indorsed on the envelope containing it ; and if received unsealed, a memorandum thereof shall be made on the copy. 102 RECORDS AND CERTIFICATES OF ELECTION. Examina- tion of returns of votes. R. L. 11, 247. Abstract for newspapers. Certificate of examination. R. L. 11, 248. Summons to be issued. Certificates of election to be Returns, etc., to be de- livered to secretary of the common- wealth. To be laid before legis- lature. R. L. 11, 249. To be filed in office of secretary. Presidential electors, examination of returns of votes. R. L. 11, 250. Proclamation. Certificates of election to be issued unless contested. SECTION 280. The secretary of the commonwealth shall lay before the governor and council the copies of the rec- ords of votes cast with their seals unbroken. The governor with at least five councillors shall, as soon as may be, open and examine all such copies and determine who are elected to the several offices. Upon such determination, the sec- retary, upon application, shall furnish to newspapers an abstract of the records of the votes examined. SECTION 281. The governor shall, in the presence of at least five councillors, certify to the results of the examina- tion of the copies of the records of the votes for governor and lieutenant governor, for councillors, for secretary, treasurer and receiver general, auditor of accounts, and attorney-general, and for senators and shall issue his sum- mons to such persons as appear to be chosen to said offices. The governor shall issue certificates of election to such persons as appear to be chosen to the offices of representa- tive in congress, clerk of the courts, register of probate and insolvency, sheriff and district attorney, which shall be countersigned and transmitted by the secretary. SECTION 282. After such certification, such copies shall be replaced in their respective envelopes and delivered with the certificate of examination to the secretary, who shall on the first Wednesday in January lay the same, with schedules showing the number of ballots cast for each person voted for, before the senate and house of repre- sentatives. Except for the above purposes, all such copies, both original and corrected, transmitted to the secretary, shall remain on file in his office and be there open to the inspec- tion of any interested person. SECTION 283. The copies of the records of votes for presidential electors shall, in any event, within ten days after they have been transmitted to the secretary of the commonwealth be opened and examined by the governor and council, who shall thereafter declare, by proclamation printed in at least one newspaper in each county, the names of the persons who have received at least one fifth of the entire number of votes cast for electors, and the number of votes received by each such person. The sev- eral persons, to the number of electors required to be chosen, who have received the highest number of votes so ascertained, unless notice of a contest has been received RECOEDS AND CERTIFICATES OF ELECTION. 103 by the governor, shall, at the expiration of fourteen days from the date of such proclamation, be deemed to be elected; and the governor shall thereupon issue a certifi- cate of election to every such person. SECTION 284. Any person who appears, by the procla- certain P er- mation of the governor, to have received not less than one Jetftkm?or a fifth of the entire number of votes cast for electors, may, if e&ction^etc?* the election is contested, apply by petition to the supreme R - L - n 251 - judicial court for the county of Suffolk, for a declaration of his election as an elector. Such petition shall set forth the name of every person whose election is contested and the ground for the contest shall be filed within seven days after the date of such proclamation and shall not there- after be amended. Before any proceedings thereon, the petitioner shall recognize to the commonwealth, in such sum and with such sureties as the court shall order, to pay all costs incurred in the prosecution of his petition if he shall not prevail. If the petitioner prevails, the costs shall be paid by the commonwealth. The court shall fix Day to be a day for a hearing by the full court, which shall be not irj, notice? ar less than three nor more than seven days after the date etc * of the filing of the petition, and shall order notice of the hearing to be given, with a statement of the substance of the petition in such manner as it may direct, to the gov- ernor and to every person whose election is contested. The court shall also order such notice to be published in at least one newspaper designated by it in each county. SECTION 285. The petitioner and the contestant may Petitioner and appear and produce evidence at the hearing, and no person ma^S^ear other than the petitioner or a contestant shall be made a Jvidenci? U eSj party to the proceedings on such petition, or be heard R - L - n 252 - thereon. If more than one petition is pending, or the election of more than one person is contested, the court may, in its discretion, order the cases to be heard together and shall apportion the costs between them, and shall finally determine all questions of law and fact. No person Witnesses not i n i n /. - - . T to be excused. shall be excused from testitymg or producing papers or documents therein on the ground that his testimony or the production of the papers or documents will tend to crim- inate him; but no person so testifying shall be liable to Not liable to . \ . . . . , ,, prosecution, any suit or prosecution, civil or criminal, for any matter etc. or cause in respect to which he shall be so examined or to which his testimony shall relate, except to a prosecution 104 EECOEDS AND CERTIFICATES OF ELECTION. Court to certify its decision to governor, etc. County com- missioners to examine cer- tain returns of votes, etc. R. L. 11, 253. Notice to secretary of the common- wealth, etc. Returns of votes for register of deeds, Suffolk county. Board of ex- aminers to examine in certain coun- ties, etc. R. L. 11, 254. Notice to secretary of the common- wealth, etc. When incom- plete, etc., new returns to be made, etc. R. L. 11, 8, 255. for perjury committed in such testimony. The court shall forthwith certify its decision to the governor, who shall thereupon issue certificates of election in accordance there- with. If the petitioner does not prosecute his petition it shall be dismissed and notice thereof given to the governor, who shall issue certificates of election to the persons en- titled thereto. SECTION 286. The county commissioners to whom the copies of the records of votes for county treasurer and register of deeds have been transmitted shall, on the first Wednesday of the month following the election, examine such copies, determine what persons appear to be elected, issue certificates of election to them and give notice to the secretary of the commonwealth of the name, residence and term of office of every person elected. In the county of Suffolk, the election commissioners of Boston shall, within ten days after the election of register of deeds, in like manner examine the copies of the records of votes, determine who appears to be elected, issue a certificate and give notice as above provided. SECTION 287. In each county except Suffolk and Nan- tucket, the judge and register of the probate court and the clerk of the courts shall be a board of examiners; and if two of said offices are held by the same person in any county, the sheriff shall be a member of the board. The members of said board shall each be paid at the rate of three dollars a day for every day employed in the per- formance of their duties and ten cents a mile for travel to and from the place of their meeting ; and their accounts shall be audited and settled by the county treasurer. Said board shall meet on the first Wednesday of the month fol- lowing an election for county commissioner or associate commissioners and shall examine such copies, determine what persons appear to be elected, issue certificates of election to them and give notice to the secretary of the commonwealth of the name, residence and term of office of every person so elected, and shall, within three days thereafter deposit said copies in the office of the clerk of the courts. SECTION 288. If it shall appear to the governor and council, to the board of examiners, to the election commis- sioners or to the county commissioners, that any such copy is incomplete or erroneous, they may order a new RECORDS AND CERTIFICATES OF ELECTION. 105 copy of the records to be made and transmitted to them. Such new copy shall be transmitted by the city or town clerk, in Boston by the election commissioners, within seven days thereafter, and if found to be correct and in conformity to the requirements of law, shall have the same force as a first copy. SECTION 289. If a district for the election of repre- Representa- sentatives in the general court is composed of one city or one city or ' town, or one or more wards of a city, the board of alder- Summation, men or the selectmen, in Boston the election commission- R^h, g, ers, shall forthwith examine the records of the votes and 256 - determine who appear to be elected. The city or town clerk or election commissioners shall record the names of all persons for whom votes for representative were cast, and the number of votes for each. SECTION 290. In other representative districts, the in other dis- election officers in every voting precinct, and the select- men and town clerk of each town therein not divided into C i e ty V or e town voting precincts, shall, as soon as the vote for representa- R le f; 11) 257. tives has been recorded, cause a complete copy of such record to be made, and shall certify, seal and deliver it to the city or town clerk. The city and town clerks in such districts shall meet at the place designated at noon on the tenth day following the day of the election; but on the fourth day following the day of an election to fill a vacancy. They shall ex- amine the copies of the records of votes of every such voting precinct and town, and determine who appear to be elected to the office of representative. They shall, in words at length, make and certify a schedule of the names of all persons for whom votes for representative were cast in the district and the number of votes for each, and the clerk of each city and town shall record such schedule within four days after the day of the meeting. SECTION 291. If a representative district is included within the provisions of the preceding section, the officers ^|^ ng of authorized to divide the county into representative dis- R. L. 11, 258. tricts shall, in making such division, designate a place in each such district or adjacent thereto at which the clerks shall meet to determine the result of the election. Such Place may be place of meeting may be changed on petition of two of such clerks after a hearing; but not oftener than once in two years. Notice of such designation and of every Notice to be 106 RECORDS AND CERTIFICATES OF ELECTION. Correction of errors in records of votes for rep- resentatives. R. L. 11, 259. Certificates of election to be made in duplicate. R. L. 11, 8, 260. Transmission. Form of certificate. Officer trans- mitting to make return, etc. Returns of votes to sec- retary of the common- wealth. R. L. 11, 8, 261. Whole num- ber of ballots to be stated change thereof shall be given by the said officers having such authority to the secretary of the commonwealth, and to every city and town clerk in the district. SECTION 292. If an error appears in the copies of the records of votes for a representative, the city and town clerks shall forthwith give notice thereof to the election officers, who shall thereupon make an additional record under oath and transmit a copy thereof to said clerks. Such additional copy shall be examined by them if re- ceived within two days from the time appointed for their meeting; and for such purpose their meeting may be adjourned for not more than two days. SECTION 293. The board of aldermen, the election commissioners, the selectmen, or the city or town clerks acting in a representative district shall make duplicate certificates of election of the persons appearing to be elected and shall, within fifteen days after the day of the election, transmit one certificate to the secretary of the commonwealth, and shall transmit the other certificate, by a constable or other officer, to the person elected. Such certificates of election shall be in the following form : Commonwealth of Massachusetts, county of . At a meeting of the qualified voters of Representative District Num- ber , held on the day of November instant, for the choice of Representatives in the General Court to be holden on the first Wednesday of January next , were elected to said office. Dated at the day of in the year one thousand nine hundred and Sections one to four, inclusive, of chapter three, Re- vised Laws, this section and section three hundred and five of this chapter shall be printed on every such form. The officer transmitting the certificate shall make a return of his doings. SECTION 294. City and town clerks, in Boston the election commissioners, shall, within fifteen days after an election for representative in the general court, trans- mit to the secretary of the commonwealth an attested copy of the record of votes cast for all candidates for said office in each voting precinct and in each town not divided into voting precincts. SECTION 295. The whole number of ballots cast at elections shall be stated in words at length in the records KECOUNTS OF VOTES. 107 of votes and in all copies thereof, but if not so stated, the in words at record or copy shall not be invalid if the true result can R n l. ii, '262. be ascertained therefrom. SECTION 296. A violation by a public officer or election Violation of officer of laws relative to providing ballot boxes, blank ??sions not to forms and other apparatus or to the care and preservation R ffe L?n^ c s, thereof, or to the manner of canvassing and counting 263- votes, shall not invalidate any record or copy of a record or certificate made by a city, precinct or town clerk, or in Boston the election commissioners, or affect the title of a person declared to be elected to office. SECTION 297. The city or town clerk, in Boston the Number of -i, in ., i nc, ^ c, names checked election commissioners, shall, within niteen days alter to be certified an election of state, city or town officers, certify to the secretary of the commonwealth the total number of names R ea L th ii, g, of male and of female voters checked on the voting list at 264 - such election in each voting precinct or town. SECTION 298. The secretary of the commonwealth shall, before the first day of February, report to the general court the number of assessed polls, the number of reg- R ot L rs ii et ' 2 65 istered male and female voters at the date of the preceding annual state election and city or to\vn election, and the total number of persons, male and female, who voted at each such election in every city and town, and in every voting precinct therein, and the number of votes received by each candidate for a state office, arranged by cities, towns and districts, and a concise statement of other mat- ters relating to elections, with such suggestions as he may deem advisable. RECOUNTS OF VOTES. SECTION 299. If a person who has received votes for Contested . ^ . , . , . , , election, bal- any omce at an election shall, within thirty days there- lots to be rZ T T /. T n . > retained. after, hirnseli or by his agent serve upon a city or town R. L. 11, 8, clerk, in Boston the election commissioners, a written 266 ' claim to such office or a declaration of an intention to contest the election of any other person, the clerk or com- missioners shall retain the envelopes containing the ballots for such office until such claim is withdrawn or the con- test is determined. The envelopes and ballots shall be subject to the order of the body to which such person claims to be elected, or of the officers required by law finally to examine the records and to issue certificates of election to such office, or of any court having jurisdiction 108 RECOUNTS OF VOTES. Recount of ballots, etc. Errors in records of election officers, state- ment, etc. R. L. 11, 267. 1903, 474, 12. 1904, 2^3, 1. 1906. 444, 11. Statement, etc., to be transmitted to registrars of voters. Determination of questions raised. Recount of votes in cer- tain towns to be made by moderator. Candidates and persons representing petitioners to be notified. Persons who may be present and witness recount. thereof. Such body or officers may require the clerk or commissioners to produce such envelopes and ballots, and may recount the ballots and amend any record or copy thereof in relation to such office. SECTION 300. If, on or before five o'clock on the third day next succeeding the day of an election in a ward of a city or in a town, ten or more voters of such ward or town, except Boston, and in Boston fifty or more voters of a ward, shall sign in person, adding thereto their respective residences on the first day of May of that year, and cause to be filed with the city or town clerk, or in Boston with the election commissioners, a statement sworn to by one of the subscribers that they have reason to believe and do believe that the records, or copies of records, made by the election officers of certain precincts in such ward or town, or in case of a town not voting by precincts, by the election officers of such town, are erroneous, specifying wherein they deem them to be in error and that they be- lieve a recount of the ballots cast in such precincts or town will affect the election, of one or more candidates voted for at such election, specifying the candidates, or will affect the decision of a question voted upon at such election, specifying the question, the city or town clerk shall forth- with transmit such statement and the envelopes contain- ing the ballots, sealed, to the registrars of voters, who shall, without unnecessary delay, open the envelopes, re- count the ballots and determine the questions raised ; but upon a recount of votes for town officers in a town in which the selectmen are members of the board of regis- trars of voters, the recount shall be made by the moderator, who shall have all the powers and perform all the duties conferred or imposed by this section upon registrars of voters. The registrars of voters, or in Boston the election com- missioners, shall, before proceeding to recount the ballots, give notice in writing to the several candidates interested in such recount and liable to be affected thereby, or to such person as shall be designated by the petitioners for a recount of ballots cast upon questions submitted to the voters, of the time and place of making the recount, and each such candidate or person representing petitioners shall be allowed to be present and witness such recount, either in person, accompanied with counsel if he so de- KECOUNTS OF VOTES. 109 sires, or by an agent appointed by him in writing. In the case of a recount of the ballots cast upon a question sub- mitted to the voters, one representative from any com- mittee organized to favor or to oppose the question so submitted shall be permitted to be present and witness the recount. In the city of Boston, the chairman of the in Boston, city committee representing the largest political party and the chairman of the city committee representing the second largest political party may in writing designate two persons, or such further number as the election commis- sioners may allow, to be present and witness the count, and said election commissioners shall allow each candidate whose election is in question, or his representative, to be present and may allow representatives of other political parties and other persons to be present and witness the recount. All recounts shall be upon the questions designated in Recounts to the statements filed, and no other count shall be made, or tions P desii" es allowed to be made, or other information taken, or allowed to be taken, from the ballots on such recount. The registrars of voters or election commissioners shall, when the recount is complete, enclose all the ballots in indorsed, etc. their proper envelopes, seal each envelope with a seal provided for the purpose, and certify upon each envelope that the same has been opened and again sealed in con- formity to law; and shall likewise make and sign a state- ment of their determination of the questions raised. The Except in envelopes, with such statement, shall, except in Boston, returned to be returned to the city or town clerk, and the clerk or derketc. wn commissioners shall alter and amend such records as have been found to be erroneous in accordance with such de- termination ; and the records so amended shall stand as the true records of the election. Such amended records of ^?fe* certi- votes cast at a state election shall be made and transmitted as required by law in the case of copies of original records. If, in case of a recount of votes for town officers, it shall appear that a person was elected other than the person declared to have been elected, the registrars of voters shall forthwith make and sign a certificate of such fact, stating therein the number of votes cast, as determined by the recount, for each candidate for the office the election to which is disputed, and shall file the same with the town clerk. The town clerk shall record the certificate and 110 FAILURES TO ELECT, ETC., IN STATE OFFICES. Clerical assistance. No informa- tion to be given regard- ing challenged votes. R. L. 11, 268. Result of elections in cities not to be declared until certain time, etc. R. L. 11, 8, 269. Persons elected not to act until certifi- cates are issued. shall, within twenty-four hours after such filing, cause a copy of such certificate, attested by him, to be delivered to or left at the residence of the person so declared to have been elected, and to the person who by such certificate appears to be elected. Registrars of voters may employ such clerical assistance as they may deem necessary to enable them to carry out the provisions of this section. SECTION 301. ~No officer recounting ballots shall, ex- cept as required by law, make any statement or give any information relative to a ballot cast by a challenged voter. SECTION 302. The board of aldermen, or in Boston the election commissioners, shall not declare the result of an election for state or city officers or of a vote upon any question submitted to the voters until the time for filing a petition for a recount of ballots has expired, or, if such petition has been filed, until the ballots have been re- counted and the returns amended, notwithstanding any special act relating to such city. After the ballots have been recounted and the records amended, said board or commissioners shall forthwith declare the result of the election, and the city clerk or election commissioners shall thereupon issue certificates of their election to the persons elected. ~No person elected to a city office shall act in an official capacity by virtue of such election before such certificate has been issued. PART 4. PROCEEDINGS IN CASES OF FAILURE TO ELECT, AND VACAN- CIES IN STATE OFFICES. SECTION 303. If, upon examination of the copies of eiectl* ^ e recor ds f votes for presidential electors, it appears majority. that a majority of the whole number of electors has not been chosen, the governor shall forthwith, by proclama- tion, call together the general court; and the senators and representatives assembled in joint convention shall by bal- lot choose electors to complete the full number. If the whole number of electors has not been chosen Vacancy or absence at time of meeting. when the electors meet on the second Monday in January, or if an elector has died or is then absent, the electors present shall forthwith choose electors from the citizens of the commonwealth to complete the full number. FAILURES TO ELECT, ETC., IN STATE OFFICES. HI SECTION 304. Upon a failure to choose a representa- Representa- tive in congress or upon a vacancy in said office, the gov- g reL in faiiure ernor shall cause precepts to be issued to the aldermen in tacan C cy r every city and the selectmen in every town in the district, R - L - n> $ 275 - directing them to call meetings of the voters on the day appointed therein for the election of such representative. SECTION 305. Upon a failure to choose a representative Representa- -, T -, , -, . . . r> tive in general in the general court at the annual state election, a certin- court, failure cate thereof shall be transmitted forthwith to the secretary R.L. n.127* of the commonwealth by the officers required to transmit certificates of election, and another election to fill the vacancy for such representative shall be held on the fourth Monday of the same month of November. Upon a vacancy in the office of representative in the Vacancy, general court or upon the failure to elect on the fourth Monday of November, the speaker of the house of repre- sentatives shall issue precepts to the board of aldermen of each city and the selectmen of each town comprising the district or any part thereof, appointing such time as the house of representatives may order for an election to fill such vacancy. Upon the receipt of such precepts, the aldermen or the selectmen shall call meetings of the quali- fied voters in the district, which shall be held in accord- ance with the precepts. SECTION 306. Upon a failure to choose a district attor- Districtjit- ney, clerk of the courts, register of probate and insolvency county officer*, or sheriff, the governor shall cause precepts to be issued to eiecT^ i the proper officers, directing them to call meetings of the R - L - n - 277 - voters on the day appointed therein, for the election of such officer. Upon a vacancy by removal or otherwise in any of the Vacancy, above named offices, he shall in like manner cause pre- cepts to be issued for an election to fill such vacancy at the next annual state election for which precepts can be seasonably issued. Upon a vacancy in the office of district attorney, reg- Vacancy, ap- ister of probate and insolvency or sheriff, the governor with the advice and consent of the council may appoint some person thereto until a district attorney, register of probate and insolvency or sheriff is elected and qualified. Upon a vacancy in the office of clerk of the courts in any county, or of the clerk of the supreme judicial court in the county of Suffolk, the justices of said court may ap- 112 FAILURES TO ELECT, ETC., IN STATE OFFICES. Vacancy, clerk of superior court, Suffolk county. County treas- urer, register of deeds, failure to elect. R. L. 11, 278. Vacancy. Register of deeds, Suffolk county, failure to elect, vacancy. Register of deeds, Nan- tucket county, failure to elect, vacancy. County or associate com- missioner, failure to elect. R. L. 11, 279. 1902, 544, 2. point a clerk who shall hold the office until a clerk is elected and qualified. Upon a vacancy in the office of a clerk of the superior court in the county of Suffolk, the justices of said court may appoint a clerk. SECTION 307. Upon a failure to choose a county treas- urer or a register of deeds for a county or district, except the counties of Suffolk and Nantucket, the county com- missioners shall forthwith issue precepts to the board of aldermen of each city and the selectmen of each town in such county or district, directing them to call meetings of the voters for the election of such officer on a day ap- pointed therein. Upon a vacancy by removal or otherwise in the office of county treasurer or of register of deeds in a county or district, except the counties of Suffolk and Nantucket, the county commissioners shall in like manner issue precepts for an election to fill such vacancy at the next annual state election for which precepts can be seasonably issued, and may appoint some person to fill such office until a person is elected thereto and qualified. Upon a failure to choose a register of deeds in the county of Suffolk, or upon a vacancy in that office, the board of aldermen of the city of Boston shall call meetings to elect a register of deeds or to fill such vacancy, as is above provided for an election in other counties ; and, upon a vacancy in that office in said county of Suffolk, the superior court shall appoint some person to the office until a person is elected thereto and qualified. Upon a failure to choose a register of deeds in the county of Nantucket, or upon a vacancy in that office, the selectmen of the town of Nantucket shall call a meeting to elect a register of deeds as is above provided for an election in other counties, and may appoint some person to the office until a person is elected thereto and quali- fied. SECTION 308. Upon a failure to choose a county commissioner or associate commissioner, the board of ex- aminers shall forthwith issue precepts to the board of aldermen of each city and to the selectmen of each town in such county, directing them to call meetings of the voters to elect such officer on a day appointed therein. In the county of Middlesex, such precept shall also be PROCEEDINGS OF PRESIDENTIAL ELECTORS. 113 issued to the selectmen of the towns of Revere and Win- throp. Upon a vacancy by removal or otherwise in the office Vacancy, of county commissioner or associate commissioner, the el board of examiners shall in like manner issue precepts for an election to fill such vacancy at the next annual state election for which precepts can be seasonably issued, except that no such election shall be held unless the term of office of the commissioner whose office is so vacant extends beyond the first Wednesday of January next suc- ceeding the day of such election. Upon a vacancy in said offices, the county commission- vacancy, ers or the two remaining county commissioners, as the case app011 may be, and the clerk of the courts for the county, or a majority of them, may appoint some person to fill such office until a person is elected thereto and qualified. SECTION 309. If there is a vacancy in the office of JJme^or*" district attorney, clerk of the courts, register of probate county officers, and insolvency, sheriff, county treasurer, register of deeds, R aC L n ii,' 280. county commissioner or associate commissioner, the term of which expires on the first Wednesday of January fol- lowing the next annual state election for which precepts can be seasonably issued, no precepts shall be issued or election held to fill such vacancy. SECTION 310. The county commissioners in each county Secretary of shall forthwith notify the secretary of the commonwealth S^amTtc^be" of any vacancy in the office of county treasurer or of reg- R 0t L fie i d i, 28 1. ister of deeds ; and the board of examiners shall give like notice to the secretary of any vacancy in the office of county commissioner or associate commissioner, and in Copy of P re- each case they shall send to him a copy of the precepts slcretarV. issued by them for an election. SECTION 311. At elections held because of a failure to Elections to _ n-,-, i -i iTiii n" vacancies, elect or to nil vacancies, the proceedings snail be the same, proceedings, so far as applicable, as in elections to the same office at the annual state election. PROCEEDINGS OF PRESIDENTIAL ELECTORS. SECTION 312. The persons chosen as presidential elec- Presidential tors shall meet at the state house on the Saturday pre- ceding the second Monday in January succeeding their R election at three o'clock in the afternoon and organize by 114 CORRUPT PRACTICES. Proceedings. Journal to be kept, etc. Compensation. R. L. 11, 284. the choice of a presiding officer and secretary. The secre- tary of the commonwealth shall call the meeting to order, call the roll of electors, and preside until a presiding officer shall be chosen. If, on the second Monday in January, the whole number of electors has not been chosen, or if any electors have died or are then absent, the electors present shall forthwith choose electors from the citizens of this commonwealth to complete the full number. They shall thereupon vote by ballot for president and vice president of the United States, one of whom at least shall not be an inhabitant of this commonwealth. They shall name in their ballots the per- son voted for as president, and in distinct ballots, the per- son voted for as vice president. They shall make distinct lists of all persons voted for as president and of all persons voted for as vice president and of the number of votes for each, and shall sign, certify and transmit such lists, sealed, to the seat of government of the United States, directed to the president of the senate ; and they shall in all respects proceed conformably to the constitution and laws of the United States. The secretary of the electoral college shall keep a journal of its proceedings and deposit the same in the office of the secretary of the commonwealth, where it shall be recorded and filed. SECTION 313. Each elector shall receive, from the com- monwealth three dollars for each day of attendance, and one dollar for every five miles of travel from his residence to the place of meeting. Term "politi- cal commit- tee" defined. R. L. 11, 285, 1904, 380, 1. Candidate not to promise appointments to aid his nomination or election, etc. R. L. 11, 286 CORRUPT PRACTICES. SECTION 314. The term " political committee ", under the provisions of this chapter relative to corrupt practices, shall apply to every committee or combination of three or more persons who shall aid or promote the success or defeat of a political party or principle in a public election or shall aid or take part in the nomination, election or defeat of a candidate for public office. SECTION 315. No person shall, in order to aid or pro- mote his own nomination or election to a public office, directly or indirectly, himself or through another person, promise to appoint, or promise to secure or assist in secur- ing the appointment, nomination or election of another CORRUPT PRACTICES. 115 person to a public position or employment or to a position of honor, trust or emolument, except that he may announce or define what is his choice or purpose in relation to an election in which he may be called to take part, if elected. SECTION 316. No person shall, in order to aid or Payments by promote his own nomination or election to a public office, JSgSSed 8 directly or indirectly, himself or through another person, ' iss 1 , 1 ^?, give, pay, expend or contribute, or promise to give, pay, ffo4 ( 330, expend or contribute, any money or other valuable thing, 5 2, 3. except for personal expenses or to a political committee as hereinafter provided. The words " personal expenses ", ^ e ^Jex^ er " as used in this chapter, shall include only expenses directly 5 e ses ," i j i. / 1 1 j defined - incurred and paid by a person for travelling and for purposes properly incidental to travelling; for writing, printing and preparing for transmission any letter, cir- cular, or other publication not issued at regular intervals, whereby he states his position or views upon public or other questions ; for stationery and postage ; for telegraph, telephone and public messenger service; and for other similar personal purposes. SECTION 317. A person who is nominated as a candi- pjjjjjjj 3 ^ date or voted for with his assent for public office, may political , 1 ., 11 committee. make a voluntary payment of money or a voluntary and R. L. 11, 289. unconditional promise of payment of money to a political committee for the promotion of the principles of the party which it represents, and for its general purposes. SECTION 318. No person shall, directly or indirectly, Payments, , . , , , J J7 etc., to be in himself or through another person, make a payment or name of promise of payment to a political committee or to any R a ^. r ii*'294 person acting under its authority or in its behalf, in any name except his own; nor shall such committee or person knowingly receive a payment or promise of payment, or enter or cause the same to be entered in the accounts or records of such committee, in any other name than that of the person by whom it is made. SECTION 319. ~No political committee, and no person Soliciting, etc., acting under its authority or in its behalf, shall demand, candidate" 11 solicit, ask or invite, from a person who has been nom- etc. hlb ted ' inated as a candidate for office in an election a payment R - L - n> 5 295 - of money, or promise of payment of money, to be used in such election ; and no such candidate shall make any such ^pl^moifey* payment to a political committee or to any person acting when solicited, under its authority or in its behalf, if such committee 116 CORRUPT PRACTICES. NO payments to be made for naturalization R 6 L. n,' 296. urer e etc reas ~ R. L. 11, 290. prohibited until treasurer is chosen. faifid e account to treasurer, R. L. 11, 291. or person has demanded, solicited, asked or invited from him any such payment or promise of payment. SECTION 320. No political committee and no person . /-M who is required to me a statement shall make any pay- ment or promise of payment of money to or in behalf of any person for naturalization fees or for services as coun- sel or otherwise in assisting any one to obtain natural- ization. SECTION 321. Every political committee shall have a treasurer, who is a voter of the commonwealth, and shall cause him to keep detailed accounts of all money or its equivalent, received by or promised to the committee, or by or to any person acting under its authority or in its behalf, and of all expenditures, disbursements and promises of payment or disbursement made by the committee or by any person acting under its authority or in its behalf. ^ P erson acting under its authority or behalf shall re- ceive any money or its equivalent, or expend or disburse , i i 11 the same, until the committee has chosen a treasurer. SECTION 322. Whoever, acting under the authority or ^ n Behalf ^ a JwMticd committee, receives any money or its equivalent, or promise of the same, or expends or incurs any liability to pay the same, shall, on demand, and in any event within fourteen days after such receipt, expenditure, promise or liability, give to the treasurer a detailed account of the same, with all vouchers required by this chapter, which shall be a part of the accounts and files of such treasurer. SECTION 323. The treasurer of every political com- m ittee which receives, expends or disburses any money or its equivalent, or incurs any liability to pay money in connection with any nomination or election to an amount exceeding twenty dollars, shall, within thirty days after such election, file a statement setting forth all the receipts, expenditures, disbursements and liabilities of the com- mittee and of every officer and other person acting under its authority or in its behalf. It shall include the amount in each case received, the name of the person or committee from whom received, the date of its receipt, the amount of every expenditure or disbursement, the name of the person or committee to whom it was made, and the date thereof and, unless such expenditure or disbursement was made to another political committee, shall clearly state the purpose CORRUPT PEACTICES. 117 of such expenditure or disbursement; also the date and amount of every existing promise or liability, both to and from such committee, remaining unfulfilled and in force when the statement is made, the name of the person or committee to or from whom the unfulfilled promise or liability exists, and a clear statement of the purpose for which the promise or liability was made or incurred. If the aggregate receipts or disbursements of a political com- mittee in connection with any election shall not exceed twenty dollars, the treasurer of the committee shall, within thirty days after the election, certify the fact under oath to the secretary of the commonwealth. SECTION 324. Whoever, acting otherwise than under other persons the authority or in behalf of a political committee having requirements, a treasurer, receives money or its equivalent, or expends R ' L> n> 293> or disburses, or promises to expend or disburse money or its equivalent, to an amount exceeding twenty dollars, to aid or promote the success or defeat of a political party or principle in any election, or to aid or influence the nom- ination, election or defeat of a candidate for office, shall file in the city or town in which he is a voter, the state- ment required by the preceding section, and shall be subject to all the duties required by this chapter of a political committee or the treasurer thereof ; but no person except a voter of the commonwealth shall receive, expend or disburse any money or its equivalent or promise to expend or disburse any money or its equivalent, for either of the purposes above named, except for personal expenses as is herein provided, or under the authority or in behalf of a political committee. SECTION 325. Every candidate for nomination to a Candidates to public office shall, within seven days after the last day of ments. filing nominations for such office, and every candidate 1904] Isb; 3.' for election to a public office shall, within seven days after the election held to fill such office, file a statement in writing setting forth each sum of money and thing of value contributed or promised by him, except for his own personal expenses, for the purpose of securing or in any way affecting his nomination or election to such office, and the name of the political committee to which the contribution or promise was made, and the date thereof. SECTION 326. The statement required to be filed by a Filing of state- -,., J , , ,, , p, , %., ments, oath. candidate, treasurer or other person shall be nled with R. L. 11, 297. 1904, 375, 1. 118 CORRUPT PRACTICES. the clerk of the city or town in which such candidate, treasurer or other person is a voter. In case the nomina- tion to which such statement relates is a nomination to a state or national office, or the election is a state or national election, a duplicate shall be filed with the secre- tary of the commonwealth. Whoever makes a statement required by the provisions of this chapter shall make oath that it is in all respects correct and true to the best of his knowledge and belief. be^s^oted SECTION 327. The secretary of the commonwealth R. L. 11, 298. shall inspect all statements filed with him, and the clerks of cities shall inspect all statements relating to nomina- tions and to city elections filed with them, within sixty Delinquent d a v S after the election to which they relate, and if upon persons to be J . . . J ' notified. examination of the official ballot it appears that any per- son has failed to file a statement as required by law, or if it appears to the secretary that any such statement filed with him does not conform to law, or if it appears to a city clerk that such statement relating to a city nomination or election does not conform to law, or upon complaint in writing by five registered voters that a statement does not conform to law, or that any person has failed to file a statement required by law, the secretary or city clerk shall form P fiiing * n wr iting notify the delinquent person. Such complaint shall state in detail the grounds of objection, shall be sworn to by one of the subscribers, and shall be filed with the secretary or with the proper city clerk within ninety days after the election in question, or within sixty days after the filing of a statement or amended statement, generafto be SECTION 328. Upon the failure to file a statement notified, etc. within ten days after receiving notice under the preceding 19041 375, 3.' section, or if any statement filed as above discloses any violation of any provision of this chapter relating to cor- rupt practices in elections, the secretary of the common- wealth or the city clerk, as the case may be, shall notify the attorney-general thereof and shall furnish him with copies of all papers relating thereto, and the attorney- general, within two months thereafter, shall examine every such case, and if he is satisfied that there is cause, he shall in the name of the commonwealth institute appro- priate civil proceedings or refer the case to the proper district attorney for such action as may be appropriate in the criminal courts. CORRUPT PRACTICES. 119 SECTION 329. The supreme judicial court or the su- Courts may perior court may compel any person who fails to file a fiii?g o/stlte- statement as above required, or who files a statement which does not conform to the foregoing requirements in 1 ' 104 ' 375> 5 ' respect to its truth, sufficiently in detail, or otherwise, to file a sufficient statement, upon the application of the attorney-general or district attorney or petition of any candidate voted for, or of any five persons qualified to vote at the election on account of which the expenditures, or any part thereof, were made or are alleged to have been made. Such petition shall be filed within sixty days after such election, if the statement was filed within the thirty days required, but a petition may be filed within thirty days of any payment not included in the statement so filed. Proceedings under this section shall be ad- vanced upon the request of either party for speedy trial. 'No petition brought under this chapter shall be discon- tinued without the consent of the attorney-general. SECTION 330. No person who is called to testify in any witness not -, . n i J T . , . i n i i 1 1 . liable, except, proceedings under the preceding section shall be liable to etc. criminal prosecution under this chapter or otherwise for any matters or causes in respect of which he shall be examined or to which his testimony shall relate, except to prosecution for perjury committed in such testimony. SECTION 331. All statements shall be preserved for statements^ fifteen months after the election to which they relate, and etc^ shall, under reasonable regulations, be open to public in- spection. SECTION 332. Every payment required to be accounted a ccounTs%tc. t for shall, unless the total expense payable to any one person is less than five dollars, be vouched for by a receipted bill stating the particulars of expense, and every voucher, re- ceipt or account hereby required shall be preserved for six months after the election to which it relates. SECTION 333. The secretary of the commonwealth shall to^ n e at the expense of the commonwealth furnish to the city and Rf ifA'i, 305. town clerks, and in Boston to the election commissioners, 1904> 375> 6> blanks in form approved by the secretary and by the attorney-general, suitable for the statements required by law. On the receipt of a list of candidates for public office before a caucus or primary, or upon the filing of a nom- ination before a municipal election, the election commis- sioners in Boston, and the clerk of any other city or the 120 INQUESTS IN ELECTION CASES. town clerk shall transmit to the candidate or candidates put in nomination, and to the treasurers of political com- mittees, the blanks above described. Upon the filing of a nomination before a state or national election the secretary of the commonwealth shall transmit to the candidate or candidates put in nomination, and to the treasurers of the political committees, the blanks above described. To any person required to file a statement such blanks shall be furnished upon application therefor. SECTION 334. The provisions of this chapter relative to corru P t practices shall apply to all public elections, except ap^y- . . QnA of town officers, and to elections by the general court and bv H. Li. 11, DUD. . 11111 ' ^ 1903, 454. city councils, and by either branch thereof, to the nomina- tion by primaries, caucuses and conventions and nomination papers of candidates to be voted for at such elections. Sections three hundred and fourteen, three hundred and sixteen and three hundred and eighteen shall not apply to the proprietors and publishers of publications issued at regular intervals, in respect to the ordinary conduct of their business. INQUESTS IN ELECTION CASES. SECTION 335. Upon a complaint subscribed and sworn R e L!Ti, l! 1jo7. to by any person before a police, district or municipal court 1903, 454. or a trial justice, alleging that reasonable grounds exist for believing that any law relating to the assessment, qualifi- cation or registration of voters, or to voting lists or ballots, or to caucuses, primaries, conventions and elections, or to any matters pertaining thereto, has been violated, such court or justice may at once hold an inquest to inquire into such alleged violation of the law. SECTION 336. The court or trial justice may exclude R. C L. 11, 308. all persons whose presence is not necessary at such inquest ; and may also direct the witnesses to be kept so separated that they cannot converse with each other until they have of witnesses" been examined. The attorney-general, the district attor- ney, or some person designated by either, shall attend the inquest and examine the witnesses. attendance, SECTION 337. Such court, justice or attorney may issue R e L. e iii 309. subpoenas for witnesses, who shall be allowed the same fees, whose attendance may be enforced in the same manner, and who shall be subject to the same penalties, as if served OFFICERS TO BE ELECTED, STATE ELECTIONS. 121 with a subpoena in behalf of the commonwealth in a crim- inal prosecution before such court or trial justice. SECTION 338. Such court or trial justice may employ stenographer a stenographer and may have the proceedings reduced to ^ployed, etc. writing ; and if he finds that the law has been violated, R - L - 11 31 - shall report to the superior court all the material facts and the names of any persons guilty of any such viola- tion. SECTION 339. The court or trial "justice may bind over, witnesses may . . T , . , J . J 7 be bound over as in criminal prosecutions, such witnesses as are neces- to appear, etc. sary, or as said attorney may designate, to appear and testify in the superior court. SECTION 340. If a person charged by the report with the commission of an offence is not in custody, the court or trial justice shall forthwith issue a process for his appre- hension ; but such process may issue before the filing of said report, if otherwise lawful. SECTION 341. No person shall be excused from testi- Witnesses not ... , . . . , . liable, except, fying or producing any papers in any inquest proceedings etc. under this chapter on the ground that his testimony may tend to criminate him or subject him to a penalty or for- feiture, but he shall not be prosecuted or be subjected to a penalty or forfeiture for or on account of any action, matter or thing concerning which he may so testify, except for perjury committed in such testimony. OFFICERS TO BE ELECTED AT STATE ELECTIONS. shall annualb SECTION 342. At the annual state election there shall to be elected be chosen by the voters of the commonwealth, as prescribed R^L^IM 314. by the constitution, a governor, lieutenant governor, secre- tary of the commonwealth, treasurer and receiver general, auditor of accounts, and attorney-general; by the voters in each councillor district, one councillor ; by the voters in each senatorial district, one senator; and by the voters in each representative district, such number of representa- tives as the district is entitled to elect. t SECTION 343. At the annual state election in each year SecS?rs ntial n which presidential electors are required to be elected, a R - L - n - 315> lumber of electors, equal to the whole number of senators ind representatives in congress to which the commonwealth s entitled, shall be chosen by the voters of the common- wealth. ' 122 OFFICEES TO BE ELECTED, STATE ELECTIONS. Representa- SECTION 344. At the annual state election in every congress. even numbered year a representative in congress shall be ' chosen by the voters in each congressional district. District SECTION 345. At the annual state election in the year R.*!!!^ 317. nineteen hundred and seven, and in every third year there- after, a district attorney shall be chosen by the voters in each of the districts into which the commonwealth is divided for the administration of the criminal law. Clerks of SECTION 346. At the annual state election in the year R. L. ii, 318. nineteen hundred and eleven, and in every fifth year there- after, a clerk of the supreme judicial court for the county of Suffolk, and two clerks of the superior court, one for civil and one for criminal business, shall be chosen by the voters in said county; and, by the voters in each of the other counties, a clerk of the courts who shall act as clerk of the supreme judicial court, of the superior court and of the county commissioners. Registers of SECTION 347. At the annual state election in the year probate and . ,111-1 -. n c i ,1 insolvency. nineteen hundred and eight, and in every fifth year there- after, a register of probate and insolvency shall be chosen by the voters of each county. Register of SECTION 348. At the annual state election in the year R. L. ii, 320. nineteen hundred and eleven, and in every fifth year thereafter, a register of deeds shall be chosen by the voters of each district for the registry of deeds, and of each county not divided into districts. County^com- SECTION 349. At the annual state election there shall R. L. 11, '321. be chosen by the voters of the county of Middlesex and of the towns of Revere and Winthrop, one county com- missioner for said county and towns, and by the voters of each of the other counties, except the counties of Suffolk and Nantucket, one county commissioner for the county. co S minission ^ ^ e annual state election in the year nineteen hun- ers. dred and seven, and in every third year thereafter, there shall likewise be chosen by the voters of the county of Middlesex and of the towns of Revere and Winthrop, two associate commissioners for said county and towns, and by the voters of each of the other counties, except the counties of Suffolk and Nantucket, two associate commissioners for the county. Not more than one of the county commissioners and associate commissioners shall be chosen from the same town. c ity or town. If two persons residing in the same city or town shall appear to have been chosen to said offices, the OFFICERS TO BE ELECTED, STATE ELECTIONS. 123 person only who receives the larger number of votes shall be declared elected; but if they shall receive an equal number of votes, no person shall be declared elected. If a person residing in a city or town in which a county commissioner or an associate commissioner who is to remain in office also resides, shall appear to have been chosen, he shall not be declared elected. If the person is not declared elected by reason of the above provisions, the person re- ceiving the next highest number of votes for the office, and who resides in another city or town, shall be declared elected. SECTION 350. At the annual state election in the year sheriffs, nineteen hundred and seven, and in every third year there- Rl L> n> 322- after, a sheriff shall be chosen by the voters in each county. SECTION 351. At the annual state election in the year County nineteen hundred and nine, and in every third year there- R e i? u iir 323. after, a county treasurer shall be chosen by the voters in each county, except the counties of Suffolk and Nantucket. SECTION 352. At the annual state election in the year Commission- nineteen hundred and fifteen, and in every tenth year Son Suffolk thereafter, nine commissioners shall be elected for the representative county of Suffolk, for the performance of the duties here- R S L! C II; inafter specified. Five of said commissioners shall be f| 5 24 386 26 9. residents of and voters in the city of Boston and shall be elected by the voters of that city ; two shall be residents of and voters in the city of Chelsea and shall be elected by the voters of that city; one shall be a resident of and a voter in the town of Winthrop and shall be elected by the voters of that town ; and one shall be a resident of and a voter in the town of Revere and shall be elected by the voters of that town. Said commissioners shall hold office for one year from the first Wednesday of January next zation. after their election. At their first meeting, they shall or- ganize by choosing a chairman, who shall be one of their number, and a clerk. The city of Boston shall provide city of -I -I /Y> i p i i -tJoston to them with a suitable office and room for hearings and provide office, shall allow and pay to them for compensation a sum not compensation, exceeding five hundred dollars each, said sum to be de- clerk hire - etc - termined by the governor and council, and a further sum of not more than seven hundred dollars for clerk hire, stationery and incidental expenses. The said commissioners shall, on the first Tuesday of Duties - August next after the secretary of the commonwealth shall have certified to them the number of representatives to 124 TOWN MEETINGS. which the county of Suffolk may be entitled, as determined by the general court, assemble in the city of Boston, and, as soon as may be, shall so divide said county into repre- sentative districts of contiguous territory as to apportion the representation of said county, as nearly as may be, according to the number of voters in the several districts. Such districts shall be so formed that no ward of a city and no town shall be divided, and no district shall be so formed that it shall be entitled to elect more than three representatives. The districts shall be numbered by the commissioners, and a description of each district, its num- ber and the number of voters therein shall be transmitted to the secretary of the commonwealth, to the board of election commissioners of the city of Boston, to the treas- urer of the city of Boston, to the city clerk of the city of Boston, to the city clerk of the city of Chelsea, to the clerk of the town of Revere and to the clerk of the town of Winthrop and shall be filed and kept in their respective offices. of e cStain ffice SECTION 353. District attorneys, county commission- iPifli 325 ers > asso i a te commissioners, sheriffs and county treasurers shall hold their several offices for terms of three years, and registers of deeds, clerks of the courts and registers of pro- bate and insolvency for terms of five years, beginning with the first Wednesday of January in the year succeeding their respective elections and until their successors are chosen and qualified. residents etc SECTION 354. District attorneys, registers of deeds and R. L. n,' 32(5. county treasurers shall be residents of the counties or dis- tricts for which they are chosen. PAET 5. PROVISIONS APPLICABLE TO TOWN MEETINGS. SECTION 355. The annual meeting of each town shall he held in February, March or April ; and other meetings R e L ts ii, 327. ma J b ne ld at such times as the selectmen may order. Meetings may be adjourned from time to time, and to any place within the town. Stmcatfon. SECTION 356. Every town meeting, except as herein- R. L. 11, 328. after provided, shall be called in pursuance of a warrant, under the hands of the selectmen, directed to the con- TOWN MEETINGS. 125 stables or to some other persons, who shall forthwith give notice of such meeting in the manner prescribed by the by- laws or, if there are no by-laws, by a vote of the town. The warrant shall state the time and place of the meet- Contents, ing and the subjects to be there acted upon, and the selectmen shall insert in the warrant all subjects the in- sertion of which shall, in writing, be requested of them by any ten or more voters of the town. No action shall be valid unless the subject-matter thereof is contained in the warrant. Two or more distinct town meetings for Warrants may distinct purposes may be called by the same warrant. Sore meetings. SECTION 357. If a majority of the selectmen shall vacate their offices, or if the full number shall fail to be elected or qualified, the selectmen in office may call a town R. L. 11, 329. meeting. SECTION 358. If the selectmen unreasonably refuse to Justice of the call a town meeting, a justice of the peace, upon the issue warrants -,. .. ' f , f ,1 -n in certain application of ten or more voters of the town, may call a cases, meeting by a warrant under his hand, stating the subjects R< L> llf 330 ' to be acted upon, directed to the constables of the town if there are any; otherwise to any of the persons applying therefor, directing them to summon the inhabitants quali- fied to vote in town affairs, to assemble at the time and place, and for the purposes expressed in the warrant. SECTION 359. At every town meeting, except for the Moderator, election of state officers, when moderators are not elected R. L. 11, 331. for the term of one year, a moderator shall first be chosen. Any town which has so voted or hereafter votes may May be elected at any annual election of town officers elect from the in- habitants thereof by ballot, a moderator to preside at all town meetings except those for the election of state officers. His term of office shall begin as soon as he is qualified, and shall continue until the next annual town meeting and until his successor is elected and qualified. Any town which has elected a moderator for the term of one year shall thereafter elect a moderator at every annual election of town officers, unless at a meeting duly called for the purpose the town votes to discontinue the electing of mod- erators for said term. If a vacancy in the said office occurs during any term Vacancy, it may be filled by the voters of the town at a meeting called for that purpose. If a moderator so elected is absent, a moderator pro tempore may be elected. 126 ELECTION OF TOWN OFFICERS. Election of moderator for one year in certain towns, proceedings. Who shall . preside until a moderator is elected. Powers and duties of moderators. R. L. 11, 332. When vote is questioned. Speaking in town meeting regulated. R. L. 11, 333. In towns where official ballots are used, the vote to elect moderators for the term of one year shall be taken at a meeting held at least thirty days before the annual town meeting at which the vote is to become operative, and at the first annual meeting after the town has so voted a moderator shall be chosen as provided in section three hundred and seventy to serve at that meeting, and the moderator elected on the official ballot at that meeting shall act at subsequent town meetings, except those for the election of state officers, until his successor is elected and qualified. At every town meeting until a moderator or moderator pro tempore is elected, the town clerk shall preside, but if he is absent or if there is no town clerk, the chairman of the selectmen or the member longest in continuous service shall preside, but if no selectman is present, the justice of the peace calling such meeting, if the meeting is so called, shall preside. Such presiding officer shall have the powers and perform the duties of a moderator. SECTION 360. The moderator shall preside and regu- late the proceedings, decide all questions of order, and make public declaration of all votes, and may administer in open meeting the oath of office to any town officer chosen thereat. If a vote so declared is immediately questioned by seven or more of the voters, he shall verify it by polling the voters or by dividing the meeting unless the town has by a previous order or by its by-laws provided another method. SECTION 361. No person shall address a town meeting without leave of the moderator, and all persons shall at the request of the moderator be silent. If a person, after warning from the moderator, persists in disorderly be- havior, the moderator may order him to withdraw from the meeting; and if he does not withdraw, may order a con- stable or any other person to remove him and confine him in some convenient place until the meeting is adjourned. Annual town meeting, officers to be elected. R. L. 11, 334, 365. ELECTION OF TOWN OFFICERS. SECTION 362. Every town at its annual meeting shall in every year, except as is otherwise provided in the follow- ing section and in sections three hundred and sixty-seven and three hundred and sixty-nine, choose from the inhabi- ELECTION OF TOWN OFFICEES. 127 tants thereof the following named town officers, who shall serve during the year: A town clerk; Three, five, seven or nine selectmen ; Three or more assessors ; and, if the town so votes, three or more assistant assessors; Three or more overseers of the poor; A town treasurer, whom the town may at any meeting appoint collector of taxes ; One or more collectors of taxes, if the town so votes ; One or more auditors, who shall hold no other town office; One or more surveyors of highways, if the town so votes ; A road commissioner, if the town has provided for such officer ; A sewer commissioner, if the town has provided for such officer; One or more constables, who shall also be collectors of taxes, unless other persons are specially chosen or ap- pointed as such; Two or more field drivers ; Two or more fence viewers ; and such other town officers as are required by law then to be chosen ; A tree warden. The town shall likewise at its annual meeting or at a School meeting held in the same month in which the annual meet- c< ing occurs, choose members of the school committee, which committee shall consist of any number of persons divisible by three which the town has decided to elect, one third thereof to be elected annually, for the term of three years. If a town fails or neglects to choose such committee, an election at a subsequent meeting shall be valid. Where official ballots are used the number to be so elected shall be determined at a meeting held at least thirty days before the annual town meeting. A town may, at an annual meeting, if official ballots are not used, otherwise at a meeting held at least thirty days before the annual meeting at which such change is to become operative, vote to in- crease or diminish the number of its' school committee. Such increase shall be made by adding one or more to each class, to hold office according to the tenure of the class to which they are severally chosen. Such diminution shall be made by choosing, annually, such number as will in 128 ELECTION OF TOWN OFFICERS. Women eligible for certain offices. Town clerk may be chosen for term of three years, etc. R. L. 11, 335. Certain towns to elect a highway surveyor. R. L. 11, 336. When to take effect, etc. R. L. 11, 337, 365. Board of health, elec- tion, terms, etc. R. L. 11, 338, 365. If not elected, selectmen to act. One member to be a physician in certain towns. When vote shall be taken where official three years effect it, and a vote to diminish shall remain in force until the diminution under it is accomplished. Women shall be eligible as overseers of the poor and school committee. SECTION 363. In towns which vote to accept the provi- sions of this section or have voted to accept the corre- sponding provisions of earlier laws, the town clerk may, until such acceptance is revoked at a subsequent meet- ing, be chosen for a term of three years; and such clerk may also serve as clerk of such officers, boards and depart- ments of the town as the town may determine by a vote taken at said meeting or at a subsequent meeting. SECTION 364. In towns which vote to accept the provi- sions of this section or have voted to accept the corre- sponding provisions of earlier laws, there shall be elected at the annual town meeting in each year, until such acceptance is revoked by the town, a highway surveyor, who shall hold his office for one year. Upon the election of such surveyor, the office of road commissioner shall terminate. SECTION 365. In towns where official ballots are not used, the question of the acceptance or revocation of the ac- ceptance of either of the two preceding sections shall be voted upon only at an annual town meeting, and such vote shall take effect forthwith. In other towns, the question of acceptance or revocation shall be voted upon at a meeting held at least thirty days before the annual meeting at which such vote is to become operative. SECTION 366. A town may elect a board of health consisting of three persons, who shall serve for terms of one, two and three years respectively, beginning with the day following the meeting at which they are elected, or until their respective successors are chosen and qualified; and thereafter such town shall, at its annual town meet- ing, choose one member of such board who shall hold office for three years from the day following such meeting and until another is chosen and qualified in his stead. If no such board is chosen, the selectmen shall act as a board of health. In every town having more than five thousand inhabitants as determined by the latest national or state census at least one member of the board, unless composed of the selectmen, shall be a physician. Where official ballots are used the question of electing a board of health ELECTION OF TOWN OFFICERS. 129 shall be voted upon at a meeting held at least thirty days ballots are before the annual meeting at which such vote is to become u operative. SECTION 367.* A town may, at an annual meeting, if fj^JSJ^d official ballots are not used, otherwise at a meeting held at JjJJ 13 ^ f least thirty days before the annual meeting at which such election m . J , J . ' . certain towns. change is to become operative, vote to elect its selectmen, R. L. 11, assessors or overseers of the poor in the following man- ner : If the number fixed by the town is three, it shall, at the annual meeting when such vote is passed or at the next annual meeting, elect one for the term of one year, one for the term of two years and one for the term of three years; if the number is five, it shall elect one for the term of one year, two for terms of two years and two for terms of three years; if the number is seven, it shall elect two for terms of one year, two for terms of two years, and three for terms of three years ; if the number is nine, it shall elect three for terms of one year, three for terms of two years and three for terms of three years ; and at each annual meeting thereafter, it shall elect one, two or three for the term of three years as the term of office of one, two or three expires. If the number of assessors is four, the town shall elect two assessors for terms of one year and two assessors for terms of two years ; and at each annual meeting thereafter it shall elect two assessors to serve for terms of two years. SECTION 368. A town which votes to increase or dimin- in towns voting ish the number of its selectmen, assessors or overseers of the poor, may at the same meeting if an annual meeting, Selectmen! otherwise at the annual meeting next succeeding the meet- ing at which the vote was passed, elect one or more such additional officers, or omit to elect one or more such officers, so as to bring the number to the limit fixed by the vote of the town, with terms of office expiring in the manner provided in the preceding section; but one selectman, assessor and overseer of the poor shall be elected annually. A town which has voted to elect said officers as provided in ]5Jg on ' escind the preceding section, may at an annual meeting if official ballots are not used, otherwise at a meeting held at least thirty days before the annual meeting, rescind such action ; but such rescission shall not affect the term of office of any such officer. * See chapter 579, Acts of 1907, printed on page 148. 130 ELECTION OF TOWN OFFICERS. SECTION 369. A town may at an annual meeting if ee sewer and omc i a l ballots are not used, otherwise at a meeting held Saner?" a * ^ eas ^ thirty days before the annual meeting, vote to R. L. ii, elect three road commissioners and three sewer commis- 341, 365. . , ,. ,-j sioners in the following manner : Election, j^. ^^ ^ ^ e annual meeting when such vote is passed or at the annual meeting next succeeding the meeting at which the vote was passed, elect one for the term of one year, one for the term of two years and one for the term of three years; and at each annual meeting thereafter it May rescind shall elect one for the term of three years. A town which has voted to elect said officers as herein provided, may in like manner rescind such action; and thereupon, if at an annual meeting, the offices of road commissioners or sewer commissioners shall be abolished. If such vote is taken at a meeting held at least thirty days before the annual meeting such abolition shall take effect at the next annual meeting. SECTION 370. The election of a moderator at a meet- * n ^ or *k e cn i ce f town officers shall be by ballot and R. L.'n, 342. the voting list shall be used thereat. When moderators are not elected for the term of one year if the number of voters registered for the annual town meeting shall exceed five hundred, no person shall print or distribute for use at the election of moderator at such meeting any ballots unless they shall be of plain white paper, in weight not less than that of ordinary printing paper, not less than five and one half nor more than six inches in length, and not less than three and one half nor more than four inches in width ; shall have no printing, engraving, device or mark upon the back thereof, and, if printed, shall be printed in black ink with the name of the candidate in a line parallel with the length of the ballot, and in capital letters not less than one eighth of an inch nor more than Certain ballots one quarter of an inch in height. Ballots for moderator, to be counted. 1,1 ,. /, . . -,1,1 i although not in conformity with the above requirements, shall be received and counted. ma^?e?^f ers ' SECTION 371. The election of town clerk, selectmen, R le L io ii 343 assessors > overseers of the poor, town treasurer, auditor, collector of taxes, constables, road commissioners, sewer commissioners, board of health and school committee shall be by ballot; and the election of all other town officers shall be in such manner as the town may determine, ELECTION OF TOWN OFFICERS. 131 unless otherwise provided by law. A town which chooses Selectmen its assessors* or overseers of the poor for one year may, SsesBora or instead of electing such officers, provide by vote that the %*% ? selectmen shall act also as assessors or as overseers of the certain towns, poor, or both. Such vote shall, in any town using official ballots, be passed at a meeting held at least thirty days before the annual meeting at which such selectmen are to be chosen. SECTION 372. The voting list shall be used and the When voting name of every person voting shall be checked thereon in used 8 the election of all town officers whose election is by law R - L - 11 - 344 - required to be by ballot, and in voting upon the question of granting licenses for the sale of intoxicating liquors; but in the election of other town officers the meeting shall determine whether the voting list shall be used. SECTION 373. If the town clerk, selectmen, assessors, ^ 1 1 1 e ( J s u to be treasurer, collector of taxes and school committee are voted mdorsed, 'etc. for on one ballot, the moderator shall cause all such ballots when canvassed and counted, and record thereof has been made, publicly to be enclosed in envelopes, which shall be sealed and indorsed, and certified in the manner required by section two hundred and seventy-two. SECTION 374. A person who is elected town clerk, if oath" clerk ' present at the meeting, shall forthwith be sworn, either R - L - n . 346 - by the moderator or by a justice of the peace, and shall at once enter upon the performance of his duties. Every T e < JJ? f fficer8 ' town officer designated by name in section three hundred offi ce, etc. and sixty-two, unless other provision is specifically made by law, shall enter upon the performance of his duties on the day after his election or as soon thereafter as he is qualified, and shall hold office during the term fixed by law, which shall begin on the day after the annual meeting, and until another person is chosen and qualified in his stead. SECTION 375. Town officers designated by name in ^SPrf* 08 1 section three hundred and sixty-two shall, before enter- jj^' n 347 . ing upon their official duties, be sworn to the faithful performance thereof. Such oath may be administered by the moderator in open town meeting, or by the town clerk. The town clerk shall forthwith, after the election or ap- T g pointment of town officers required to take an oath of officers, office, make a list of the names of all such officers not sworn by him or by the moderator, and deliver it with * See chapter 579, Acts of 1907, printed on page 148. 132 ELECTION OF TOWN OFFICERS. his warrant to a constable requiring him within three days TO appear .. to summon each such person to appear and take the oath and take oath . . \ within seven of office within seven days after the service of such sum- mons upon him; and the constable shall within said seven days make return thereof to the town clerk. Persons so summoned, unless exempt by law from holding the office, shall within said seven days, take the oath of office before the town clerk or before a justice of the peace, and file a certificate thereof with the town clerk. Exemption SECTION 376. No person shall be required to serve from liability r . to hold town two terms successively in the same town office; and no R. L e 'n, 348. person shall be required to accept the office of constable who holds a commission as an officer of the United States or of the commonwealth, who is a member of the council, of the general court, a minister of the gospel, an engine- man, a member of the fire department, or who has been a constable or collector of taxes in the town within the preceding seven years. No person shall be required to serve in the office of surveyor of highways oftener than once in three years. Depositing of SECTION 377. At any meeting for the choice of town certain ballots. . ? . & R. L. 11, 349. omcers in a town not using omcial ballots, no ballot shall be received by the moderator unless presented for deposit in the ballot box, open and unfolded, by the voter in person, and so that the moderator can know that only one be* read or* to ballot is presented. No moderator or other election officer examined shall, before the polls are closed, read or examine, or per- before polls are- . i i i closed. mit to be read or examined, the names contained upon any ballot. rece\ve at vo r tes SECTION 378. The moderator shall receive the votes voters?* 6 "" 1 f an y person whose name is on the voting list, or who R. L. 11, 350. presents a proper certificate from the registrars of voters. ^ling'oT SECTION 379. The secretary of the commonwealth shall granting Squor a * ^ eas t seven days before the annual meeting send to the ^censes. town clerk of each town not using official ballots, ballots upon the question of granting licenses for the sale of in- toxicating liquors therein, which shall contain the words: " Shall licenses be granted for the sale of intoxicating liquors in this town ? " " Yes." or " No. ", and no other words. Ballots of each kind shall be provided in number equal at least to the number of registered voters in such Distribution. town> They shall be Distributed to the voters at the poll- ing place under the direction of the town clerk. FAILURES TO ELECT, ETC., IN TOWN OFFICES. 133 SECTION 380. No ballot shall be received from any Ballots for woman who votes for school committee in a town which for^choo? tlr does not use official ballots unless it has the words " For R.T n n, e '352. School Committee only ", on the back thereof. Such bal- counting, lots shall be counted only in the choice of members of the school committee, and for no other office or purpose. SECTION 381. Towns divided into voting precincts Towns may may, for their annual town election, establish precinct SSt tiSJT voting for all town officers to be chosen thereat and for officereand voting on the question of granting licenses for the sale of g? a Sn S g ion f intoxicating liquors, by accepting the provisions of this R^^Tssa' section at a meeting called for the purpose and held four- 1902 i 34> 6- teen days at least before the annual town meeting. In other matters . , & , . to be acted towns so voting, or which have accepted the corresponding upon at a j- -, ! I-, . r subsequent provisions of earlier laws, all matters to be considered at meeting, the annual town meeting, other than the election of town officers and the question of granting licenses for the sale of intoxicating liquors, shall be in order only at a town meeting held within thirty days after the date of the annual election, and not later than the thirtieth day of April. The time and place of holding such subsequent Time and , i -i 11 place of hold- meeting shall be stated in the warrant for the annual ing subsequent election, and said election, subsequent meeting and its ad- journments shall be regarded as parts of the annual town meeting. The election of a moderator, except in towns where moderators are elected for the term of one year, shall be the first business in order at said subsequent Not to vote by m 11 i -i precincts at meeting, lowns are not hereby authorized to vote bv special eiec- . , , * " tions of town precincts at special elections of town officers. officers. SECTION 382. The town clerk and the board of regis- Canvass of ., , / i i returns, etc. trars, upon receipt of the returns from the several pre- R. L. 11, 354. cincts, shall forthwith canvass the same and immediately declare the result and notify the persons chosen as town officers as provided in section three hundred and seventy- five. PROCEEDINGS IN CASES OF FAILURE TO ELECT, AND VACAN- CIES IN TOWN OFFICES. SECTION 383. If there is a failure at an election to e^c Ca F n ci fown choose a town officer, or if a person chosen shall not accept gj e c | s ' how such office, or if a vacancy shall occur, the town may, at R. L.'H, 355. any legal meeting, except as provided in section three hundred and eighty-six, elect a person to such office. 134 FAILURES TO ELECT, ETC., IN TOWN OFFICES. When official ballots are used. Town clerk pro tempore, election. R. L. 11, 356, Clerk to be appointed in certain cases, etc. Constable, election, etc. R. L. 11, 357. Assessors may be appointed in certain cases, etc. R.L. 11, 358, Treasurer or collector, appointment. K. L. 11, 359. To give bond, etc. If, at an election of town officers for which official ballots are used, there is a failure to elect a town officer, he may be elected at an adjourned or succeeding meeting ; and ballots shall be prepared and furnished for such meet- ing, containing the nominations already made and such as may subsequently be made for the office. SECTION 384. If, at a town meeting, there is a vacancy in the office of town clerk, or if he is absent, the meeting shall elect by ballot a clerk pro tempore. The selectmen shall receive and count the votes and declare the election of such clerk. If, in case of a vacancy, other duties than those required of a town clerk at a town meeting are to be performed, or if he is unable to perform such duties, the selectmen may in writing under their hands appoint a clerk for the performance thereof, who shall be sworn and shall, in the performance of such duties, have the same powers and be subject to the same requirements and penalties as the town clerk, and he shall immediately make a record of his election or appointment. SECTION 385. A person chosen constable at a town meeting shall, if present, forthwith declare his acceptance or refusal of his office. If he does not accept the office, the town shall, if official ballots are not used, elect another person to the office, and continue so to elect until some person accepts the office and is sworn. SECTION 386. If the assessors of a town, or the select- men acting as such, shall in any year fail to perform their duties, the county commissioners may appoint three or more inhabitants of the county to be assessors for such town, who shall be sworn, shall hold office until the offices of assessors are filled by the town, and shall receive from the town the compensation of assessors. SECTION 387. If the office of treasurer or collector of taxes is vacant, or if the treasurer or collector is unable to perform his duties, the selectmen may in writing ap- point a treasurer or collector pro tempore, who shall be sworn, give bond in like manner as the treasurer or col- lector chosen by the town, and hold such office until another is chosen by the town and qualified or the disability is removed. If a treasurer or collector does not, within ten days after his election or appointment, give bond, the selectmen may declare the office vacant and appoint an- other in his place. TOWN ELECTIONS, OFFICIAL BALLOTS USED. 135 SECTION 388. If the office of an auditor in a town is Auditor, . . T . ,, , -i appointment. vacant, the remaining auditors, if any, may perform the R.L. ii,360. duties thereof and may appoint a person to aid them. If there is no remaining auditor, the selectmen shall ap- point an auditor to serve until another is chosen and qualified. SECTION 389. If there is a failure to elect, or if a Certain vacancy occurs in any town office, other than the offices appointment, of selectmen, town clerk, assessor, treasurer, collector of ffLJ&.?Stt. taxes or auditor, the selectmen shall in writing appoint a person to fill such vacancy. If there is a vacancy in a board consisting of two or more members, the remaining members shall give notice thereof in writing to the select- men, who, with the remaining member or members of such board shall, after one week's notice, fill such vacancy by ballot. A majority of the ballots of the officers entitled to vote shall be necessary to such election. The person so appointed or elected shall perform the duties of the office until the next annual meeting or until another is chosen and qualified. SECTION 390. If a person removes from a town, he Vacancies, /v> ill! i removal shall thereby vacate any town oince held by him. from town. SECTION 391. The proceedings in an election held by S^ reason of a previous failure to elect, or to fill a vacancy, J^Jg^J 1 and the qualifications of a person to be elected or appointed, R. L. u,' 363. shall be the same as in an original election. TOWN ELECTIONS AT WHICH OFFICIAL BALLOTS ARE USED. SECTION 392. A town may, at a meeting called for the jwn may purpose, vote that official ballots shall thereafter be used official , . ballots, etc. therein; and may, at the annual town meeting or at a R.L. 11, 364. meeting so called and held at least thirty days before the annual town meeting, by a two thirds vote rescind such action. In town elections at which official ballots are Nominations, used, nominations for town officers elected by ballot shall be made, ballots and other apparatus therefor provided, and elections of such officers conducted, in accordance with the provisions of this chapter so far as applicable. SECTION 393. If a town votes that official ballots shall SS^S*" be used for the election of town officers, it shall at the R ffi L e 'n, 365. same meeting determine what officers in addition to those required to be so elected shall thereafter be so chosen/ 136 PENALTIES UPON OFFICEES. Change in officers to be chosen by ballot, etc. Penalties on assessor and assistant R. L. 11, 366. On registrar or assistant registrar. R. L. 11, 367. On member of listing board or police officer in Boston. 1903, 279, 11 1906, 291, 18 Same subject, etc. 1903, 279, 12. 1906, 291, 18. and determine the number and terms of office, if not already fixed. No change shall thereafter be made in the officers to be chosen by ballot or in the number or terms of office thereof, except at a meeting held at least thirty days before the annual meeting at which such change is to become operative. PAKT 6. PENALTIES UPON OFFICERS. SECTION 394. An assessor or assistant assessor who knowingly enters on any list of assessed polls, or causes or allows to be entered thereon, the name of any person as a resident of a building, who is not a resident thereof, shall for each offence be punished by imprisonment for not more than six months. SECTION 395. A registrar or assistant registrar who refuses or wilfully neglects to require, under section forty- seven, an applicant for registration to read the five lines from the constitution of the * commonwealth in such man- ner as to show that he is neither prompted nor reciting from memory, or to write his name in the register, unless he is prevented by physical disability from so doing, or unless he had the right to vote on the first day of May in the year eighteen hundred and fifty-seven, or distinctly to announce the name of an applicant for registration be- fore entering his name upon the register, or who knowingly prevents or seeks to prevent the registration of any legal voter, or who knowingly registers the name of any person not qualified to vote, or who is guilty of any fraud or corrupt conduct in the execution of the duties of his office, shall be punished by imprisonment for not more than six months. SECTION 396. A member of the listing board or a police officer in Boston who knowingly enters on any list of male persons or women voters, or causes, or allows to be entered thereon, the name of any person as a resident of a build- ing, who is not a resident thereof, shall for each offence be punished by imprisonment for not more than one year. SECTION 397. A member of the listing board or a police officer in Boston upon whom a duty is imposed by this chapter, who refuses or wilfully neglects or wilfully fails to perform such duty, or who wilfully performs it con- PENALTIES UPON OFFICERS. 137 trary to law, shall for each offence, if no other penalty is specifically imposed therefor, be punished by imprison- ment for not more than one year. SECTION 398. An officer of a primary, caucus or con- On officer of a vention who knowingly makes any false count of ballots or IsSJSqY votes, or makes a false statement or declaration of the result of a ballot or vote, or knowingly refuses to receive 1903> 464 ' any ballot offered by a person qualified to vote at such primary, caucus or convention, or wilfully alters, defaces or destroys any ballots cast, or voting lists used thereat, before the requirements of this chapter have been complied with, or declines or wilfully fails to receive any written request made as therein required, or declines or wilfully fails to perform any duty or obligation imposed thereby shall be punished by imprisonment for not more than three months. Any such presiding officer, secretary or clerk of a cau- On caucus cus who wilfully neglects or refuses to comply with the nJSctlto requirements of section one hundred and eleven shall be punished by a fine of not more than fifty dollars for each of m - offence. SECTION 399. A caucus officer who violates any of the provisions of section one hundred and one shall be J^ punished by imprisonment for not more than one year. R- L. 11, 369. SECTION 400. A supervisor appointed under section On supervisor two hundred and fourteen, violating any provision thereof, provisos of shall be punished by imprisonment for not more than L L.'II, 370. one year. SECTION 401. An election officer who, before the public On election declaration of the vote at an election, makes any state- R. E r ii,537i. inent of the number of ballots cast, of the number of votes given for any person, of the name of any person who has voted, of the name of any person which has not been voted on, or of any other fact tending to show the state of the polls, shall be punished by imprisonment for not more than thirty days. SECTION 402. A presiding officer at a caucus, primary On^presiding or state or city election, or at an election in a town at R. L. ii, 372. which official ballots are used, who, when the right of a person offering to vote is challenged for any legal cause, wilfully or negligently fails to require the name and resi- dence of such person to be written upon the ballot offered by him, and to add thereto the name of the person chal- 138 PENALTIES UPON OFFICEKS. recounting ballots. K. Li. 11, 616. 1903,454. ?fficer e lt d town eiection K. Li. 11, o74. Section 118 * 7 r R ffi L er ii 375 1903,454. ' or missfoner m " R. L. 11, 8, town ni!ssk?ne? m ~ R L - 11 - 8 > or e eiection erk 378 L ' ll> 8> lenging and the assigned cause, before such ballot is re- ceived, shall be punished by imprisonment for not more than one year. SECTION 403. A primary, election or other officer whose duty it is to recount the ballots cast at a primary or elec- , . . J caucus or or convention, upon whom a duty is imposed by law, who election officer, f "i_c 11 u: n -i j. * officer or reiuses or wiliully neglects or wiliully tails to periorm member of a such duty, or who wilfully performs it contrary to law, 5Sttee a or C cSi"- shall for each offence, if no other penalty is herein specifi- SuSTi'/ cally imposed therefor, be punished by a fine of not less J|Q|; |||- 13 than five nor more than one thousand dollars, or by im- prisonment for not more than one year, or by both such fine and imprisonment. A primary or election officer in the o r \f e P t ri ^ ary city of Boston who knowingly permits or aids in the viola- officer in tion of any provisions of law relating to registration, pri- maries or elections, shall be punished by imprisonment in the state prison for not more than three years or in the house of correction for not less than six months. PENALTIES UPON VOTERS. SECTION 411. Whoever at a primary or caucus votes For illegally or attempts to vote, knowing that he is not entitled so to IttenfpSng to do, or votes or attempts to vote upon any name other than dfstmgutsh'mg his own, or more than once on his own name, or casts or b3iot,etc. attempts to cast more than one ballot, or places any dis- J^- 4 * 4 381 - tinguishing mark upon a ballot, or makes a false state- For making ment as to his ability to mark his ballot, or unlawfully mi^t^ifnfaw- allows the marking of his ballot to be seen by any person, maihlgTf" 8 or gives a false answer to, or makes a false oath before, a presiding officer, shall be punished by imprisonment for not more than six months. SECTION 412. A voter who violates any of the provi- For violating sions of section one hundred and one shall be punished by r ioi sl T? T 1 1 A *^fi9 imprisonment for not more than one year. SECTION 413. A voter who, at a primary or election, aStmLuTsWng places any distinguishing mark upon his ballot shall be j^f ( k t upon punished by imprisonment for not more than six months. Ife^ 4 * 4 383 - SECTION 414. A voter who makes a false statement as For making to his inability to mark a ballot, or who, except for the 140 GENERAL PENALTIES. fully allowing purpose of obtaining assistance under section two hundred ballot to be -. . , n i i n , n i Been. and sixty-two, allows his ballot to be seen by any person R. L. 11, ,184. w ^ an i n t en tion o f indicating how he is about to vote shall be punished by a fine of not more than one hundred dollars. voting e o? lly SECTION 415. Whoever at a primary or election, ?ote?etc ng to knowing that he is not a qualified voter in the place where 1903' 454 j 8 ?' ^ e v t es or attempts to vote, wilfully votes or attempts to 1904,' sioi i. vote thereat ; whoever at a primary or election votes or attempts to vote more than once on his own name, his name having been registered more than once; whoever at a primary or election votes or attempts to vote in more than one voting precinct or town, his name having been registered in more than one voting precinct or town; whoever at a primary or election votes or attempts to vote on any name other than his own, or knowingly casts or attempts to cast more than one ballot at one time of bal- loting; whoever at a primary or election votes or attempts to vote otherwise illegally; or whoever aids or abets any other person in doing any of the acts above mentioned, shall be punished by imprisonment for not more than one year. Sbe g ans^er. SECTION 416. Whoever at a primary or election wil- H)03' 454 386 ' -fr^ty gi yes a f a l ge answer to a presiding officer shall be punished by a fine of not more than one hundred dollars. GENERAL PENALTIES. fogi r v e e fu 4ue g SECTION 417. Whoever, being an inmate of a building Formation"" an( ^ li a ^ e t ^ e assessed for a poll tax, refuses or neglects R. L. 11, 387. to give his true name when asked by an assessor or assistant assessor, or whoever, being an owner or occupant of a building, refuses or neglects to give the full and true information within his knowledge relating to all persons residing in such building, when asked by an assessor or assistant assessor, shall be punished by imprisonment for not more than three months. SECTION 418. Whoever in Boston, being an inmate of a building and a male resident twenty years of age or F903279 13 upward, refuses or neglects to give his true name, when HOG' 291 ' is ag ked by a member of the listing board or a police officer acting under this chapter, or whoever, being an owner or occupant of a building, or a clerk, superintendent, man- ager or other person having in charge the affairs of a hotel GENERAL PENALTIES. 141 or lodging house, refuses or neglects to give the full and true information within his knowledge relating to all persons residing in such building, when asked by a mem- ber of the listing board or a police officer acting under this chapter, shall be punished by imprisonment for not more than three months. SECTION 419. Whoever knowingly gives to an assessor Forgiving ,, , , ^ , i /. name of non- or assistant assessor, ior tne purpose 01 the assessment 01 resident. a poll tax, or in Boston to a member of the listing board 1903] 279, 14! or a police officer, for the purpose of making a list of male 1906> 291> 18 ' residents twenty years of age or upwards or women voters, the name of any person as a resident of a building, who is not a resident therein, shall be punished by imprison- ment for not more than one year. SECTION 420. Whoever knowingly or wilfully makes a a&daJft oath false affidavit, takes a false oath or signs a false certificate r certifies, te . rv. Li. 11, oow. relative to the qualifications of anv person for assessment 1903, 279, is. . . . -p-j /i *4 i'ii 1906, 291, 18. or registration, or in .boston ior being listed or given a certificate by the listing board, shall be punished by im- prisonment for not more than one year. SECTION 421. Whoever in Boston aids or abets a per- f t r f^sSton son in knowingly or wilfully making a false affidavit, tak- Jgj|. ||5, ^ ing a false oath or signing a false certificate, relative to the qualifications of any person for being listed as a resi- dent thereof or given a certificate of such residence by the listing board, shall be punished by imprisonment for not more than one year. SECTION 422. Whoever causes or attempts to cause his name to be registered, knowing that he is not a qualified voter in the place of such registration or attempted regis- tration ; whoever registers or attempts to register under a 1904', 310, 2. name other than his own; whoever represents or attempts to represent himself as some other person to any election commissioner, registrar or assistant registrar; whoever gives a false answer to any election commissioner, registrar or assistant registrar respecting any matter relating to his registration or his right to vote ; whoever otherwise ille- gally registers or attempts to register; or whoever aids or abets any other person in doing any of the acts above mentioned, shall be punished by imprisonment for not more than one year. SECTION 423. Whoever refuses to obey the lawful orders or directions of an election commissioner, i 14:2 GENERAL PENALTIES. R. L. 11, 8, For interfer- ing with supervisor of registration. R. L. 11, 392. For defacing or removing notice, voting list, warrant, etc. R. L. 11, 393. For aiding, etc., persons in illegal vot- ing, inter- ference with voter, etc. R. L. 11, 394. 1903, 454. For altering ballot cast at a primary or caucus, ille : gaily deposit- ing or removing ballot, etc. R. L. 11, 395 1903, 454. For falsely making, filing, suppressing, defacing, etc., certificate, nomination paper or letter. R. L. 11, On magistrate taking oath of signer to nomination 3r. 11, 397 istrar or assistant registrar, or interrupts or disturbs the proceedings at any registration shall be punished by a fine of not more than one hundred dollars. SECTION 424. Whoever interferes with, or aids or abets any person in interfering with, any supervisor of regis- tration in the performance of his duty, shall be punished by imprisonment for not more than one year. SECTION 425. Whoever wilfully defaces or removes a notice relating to the registration of voters, or a voting list or notice or warrant for an election posted in a city or town shall be punished by imprisonment for not more than one year. SECTION 426. Whoever aids or abets a person, who is not entitled to vote, in voting or attempting to vote at a primary or caucus, or in voting or attempting to vote under a name other than his own, or in casting or attempt- ing to cast more than one ballot, or wilfully and without lawful authority hinders, delays or interferes with, or aids in hindering, delaying or interfering with, a voter while on his way to a primary or caucus, while marking his ballot or while voting or attempting to vote, or en- deavors to induce a voter to show his ballot, shall be punished by imprisonment for not more than one year. SECTION 427. Whoever alters a ballot cast at a pri- mary or caucus or, not being authorized thereto, deposits a ballot in a ballot box or envelope used at a primary or caucus, or removes a ballot from such ballot box or en- velope, shall be punished by imprisonment in jail for not more than three years. SECTION 428. Whoever falsely makes or wilfully alters, defaces, mutilates, destroys or suppresses a certificate of nomination or nomination paper, or letter of withdrawal of a name from such paper, or unlawfully signs any such certificate, paper or letter, or files any such certificate, paper or letter, knowing the same to be falsely made or altered, shall be punished by imprisonment for not more than one year. SECTION 429. Whoever as a notary public, justice of the peace or other magistrate takes the oath of a signer to a nomination paper without satisfying himself that the person to whom the oath is administered is the signer of such nomination paper, or who shall fail to state in his attestation of such oath that he is so satisfied, shall be GENERAL PENALTIES. 143 punished by a fine of not less than ten or more than fifty dollars. SECTION 430. Whoever intentionally writes, prints, For writing, posts or distributes, or causes to be written, printed, posted poSii^'dis- or distributed, a circular or poster which is designed or anonymous* ' 1 tends to injure or defeat any candidate for nomination or RL ii'sl! election to any public office, by criticising his personal character or political action, unless there appears upon such circular or poster in a conspicuous place either the names of the chairman and secretary, or of two officers of the political or other organization issuing the same, or of some voter who is responsible therefor, with his name and residence, and the street and number thereof, if any, shall be punished by imprisonment for not more than six months. SECTION 431. Whoever wilfully obstructs or interferes Forobstmct- with the transmission of ballots or returns to or from a polling place shall be punished by imprisonment for not more than one year. 1907 42g SECTION 432. Whoever posts, circulates or distributes For posting, any poster, card, handbill, placard, picture or circular, ex- etc^SSn cept a paster to be placed upon the official ballot, intended t c ster8> cards> to influence the action of a voter, in the polling place, in R< L - n> 399 - the building in which the polling place is located or on the walls thereof, on the premises on which the building stands, or on the sidewalk adjoining said premises, shall be pun- ished by a fine of not more than twenty dollars. SECTION 433. Whoever wilfully or maliciously in- For injuring jures or destroys a ballot box or any of the blank forms baUofbo?! 118 or apparatus furnished to a city or town under sections SjJ^Stus. two hundred and seventeen and two hundred and eighteen, R- L - n> 400< shall be punished by imprisonment for not more than one year. SECTION 434. Whoever refuses or wilfully neglects to For refusal, comply with any regulation made by the election com- ply With 50 " missioners, aldermen or selectmen relative to the manner reTSiveto 8 of receiving, counting and returning votes cast at a pri- cou e ntin|'or mary or election, or relative to the use of seals and ballot vo\eetc boxes, shall be punished by imprisonment for not more J^- n - 8 than six months. i>3. 454 - SECTION 435. Whoever interferes, or aids or abets For interfcr- ,, . . . ing with city any person in interfering with an election commissioner, or town clerk city or town clerk, or election officer, in the performance comndss?oner 144 GENERAL PENALTIES. m the per- of his duties shall be punished by imprisonment for not formance of , his duties. more than one year. SECTION 436. Whoever prevents a supervisor of elec- , etc'., tions from doing anv of the acts authorized by section two supervisor 01 -i / / i i -i elections. hundred and fourteen of this chapter, or hinders or molests R.L. 11, 402. , . . , . , fj , . him in doing any such acts, or aids or abets in preventing, hindering or molesting him in doing any of such acts, shall be punished by imprisonment for not more than one year. For printing or SECTION 437. Whoever prints or distributes a ballot bSiotsTnTio- for use in the election of moderator at a town meeting in SELL?!!, I los! violation of section three hundred and seventy, shall be punished by imprisonment for not more than sixty days. For defacing, SECTION 438. Whoever, before- a primary or election, efc.^usts 8 ' wilfully defaces or destroys any list of candidates posted sSppUes a etc ts ' un( l er the provisions of this chapter, or, during a caucus, 1903' 454* 4 ^ 4 ' P r i mary or election, wilfully defaces, tears down, removes or destroys any card of instruction or specimen ballot posted for the instruction of voters, or during a caucus, primary or election, wilfully removes or destroys any of the supplies or conveniences furnished to .enable a voter to prepare his ballot, shall be punished by a fine of not more than one hundred dollars. For forging, SECTION 439. Whoever forges or falsely makes the etc., indorse- * 5 in -i c ^^ ^ pent, destroy- official indorsement on any ballot, or wilfully destroys or delaying' de- def aces a ballot, or wilfully delays the delivery of any bal- bafiots f lots, shall be punished by imprisonment for not more than E. L. 11.1 405. oneyear . For obstruct- SECTION 440. Whoever wilfully and without lawful ing or delaying 1-1 R 0t r 'ii 406 aut hority obstructs or delays a voter while on his way to '' the polling place where he is entitled to vote or while he is voting or attempting to vote, or aids or assists in any such obstruction or delay, shall be punished by imprison- ment for not more than one year. For interfering SECTION 441. Whoever interferes or attempts to in- with or in- ._ 1 ... . _. i t_ 11 ducing voter to teriere with a voter while he is marking his ballot or is R.L. 11, 407. within the space enclosed by the guard rail, or endeavors to induce a voter, before he has voted, to show how he marks or has marked his ballot, shall be punished by a fine of not more than one hundred dollars. r hi ct ~ SECTION 442. Whoever wilfully obstructs the voting 408 * at a P r i marv or election shall be punished by a fine of not more than one hundred dollars. abettin in m r SECTION 443. Whoever aids or abets a person who is illegal voting. no t qualified to vote at a primary or election in voting or GENEKAL PENALTIES. 145 attempting to vote, or aids or abets a person in voting or ^ ii^ 409. attempting to vote under a name other than his own, or in casting or attempting to cast more than one ballot at one time of balloting, shall be punished by imprisonment for not more than one year. SECTION 444. Whoever places a mark against a name baJJt^Smry on a ballot not cast by himself, or places a distinguishing to law.^ ^ mark on a ballot not cast by himself, except as authorized by law, shall be punished by imprisonment in jail for not more than three years. SECTION -145. Whoever, with intent to defraud, alters For altering, . ' . depositing or a ballot cast at a primary or election: or, with such intent, removing , ,, . , '', ,, , , . ballot with deposits a ballot in the ballot box used at a primary or intent to de- election, or in an envelope provided by law for the preserva- R a L.'n, 411. tion of ballots east at a primary or election ; or, with such lj>03> 454t intent, removes a ballot from any such ballot box or en- velope, shall be punished by imprisonment in jail for not more than three years. SECTION 446. Whoever removes a ballot from the space Fn ? loval of /i-i ballot irorn en- enclosed by the guard rail before the close of the polls shall be punished by imprisonment for not more than one year. SECTION" 447. An owner, superintendent or overseer , in any manufacturing, mechanical or mercantile establish- U^JJJjl on day ment, except such as may lawfully conduct its business on election. o J i i VL A i i J xi . R. L. 11, 413. Sunday, who employs or permits to be employed therein any person entitled to vote at a state election, during the period of two hours after the opening of the polls in the voting precinct or town in which such person is entitled to vote, if he shall make application for leave of absence during such period, shall be punished by a fine of not more than one hundred dollars. SECTION 448. Whoever, by threatening to discharge a person from his employment or to reduce his wages, or by thrJIts y e promising to give him employment at higher wages, at- & tempts to influence a voter to give or to withhold his vote at an election, or whoever, because of the giving or with- holding of a vote at an election, discharges a person from his employment or reduces his wages, shall be punished by imprisonment for not more than one year. SECTION 449. Whoever pays or gives, or directly or 52 t ioSf ry * indirectly promises to a voter any gift or reward to in- R - L - n> ' fluence his vote or to induce him to withhold his vote, shall be punished by imprisonment for not more than one year. 146 GENERAL PENALTIES. condS r a d t e a y SECTION 450. Whoever, at a caucus, primary or elec- caucus'or tion, behaves in a disorderly manner, and, after notice R e L i( n 416 ^ rom the presiding officer, persists in such behavior and iQos! 454. ' refuses to withdraw from the polling place, shall be pun- ished by imprisonment for not more than thirty days. or de?s iS of b priS5 SECTION 451. Whoever wilfully disobeys any lawful toy, caucus or command of an election, caucus or primary officer shall be election orhcer. .,,,.. ,, , R. L. 11, 417. punished by imprisonment for not more than thirty days. For not re- SECTION 452. Whoever, when so ordered by the pre- SgarJISquor,' siding officer of an election, caucus, primary or meeting, R C L 11 418 re ^ llses or fails to remove any pipe, cigar, cigarette or 1903, 454. liquor, or to withdraw from the polling place, as provided by section two hundred and fifty-six, shall be punished by a fine of not more than twenty dollars. SECTION 453. Whoever gives any information derived regarding chai- from a recount of votes, relative to a ballot cast by a chal- lenged votes. 1 7 . . 1-ni R. L. 11, 419. lenged voter at an election, caucus or primary, shall be punished by imprisonment for not more than one year. provisions 1 ??- SECTION 454. Whoever violates any provision of law Tupt^factfces. re lating to corrupt practices in elections the punishment 1904' 3?5 4 7' ^ or wn i c h i g n t specially determined by law, shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars. Enforcement SECTION 455. The supreme judicial court and the of provisions. . . ,. . R. L. 11, 421. superior court shall have jurisdiction at law or in equity 454. ' 'or by mandamus to enforce the provisions of this chapter. 07, 429, 3. p ]- ce O ffi cers an( j constables shall arrest without a war- rant any person detected in the act of violating the caucus, primary or election laws. A prosecution for the viola- tion of any provision of this chapter shall not, unless the purposes of justice require such disposition, be placed on file or disposed of except by trial and judgment according to the regular course of criminal proceedings. It shall be disposed of otherwise only upon motion in writing stating specifically the reasons therefor and verified by affidavit if facts are relied on. If the court or magistrate certifies in writing that he is satisfied that the cause relied on exists and that the interests of public justice require the allowance of the motion the motion shall be allowed and the certificate of the court or magistrate shall be filed in the case. EEPEAL OF FOEMER STATUTES. 147 REPEAL OF FORMER STATUTES. SECTION 456. Sections one to four hundred and twenty-one, inclusive, and section four hundred and twenty-six of chapter eleven of the Revised Laws; chap- ters ninety, three hundred and forty-six, three hundred and forty-eight, four hundred and ninety-two, five hun- dred and six, five hundred and twelve, five hundred and thirty-seven, and section two of chapter five hundred and forty-four, of the acts of the year nineteen hundred and two; chapters two hundred and seventy-nine, three hun- dred and eighteen, three hundred and sixty-eight, four hundred and twenty-five, four hundred and thirty, four hundred and fifty, four hundred and fifty-three, four hun- dred and fifty-four and four hundred and seventy-four of the acts of the year nineteen hundred and three ; chapters forty-one, one hundred and seventy-nine, two hundred and one, two hundred and forty-five, two hundred and seventy- five, two hundred and ninety-three, two hundred and ninety-four, three hundred and ten, three hundred and thirty-four, three hundred and seventy-five and three hun- dred and eighty of the acts of the year nineteen hundred and four ; chapters one hundred and eleven, three hundred and thirteen, three hundred and eighteen, three hundred and eighty-six and three hundred and ninety-seven of the acts of the year nineteen hundred and five ; chapters seventy-six, two hundred and ninety-eight, three hundred and eleven and four hundred and forty-four of the acts of the year nineteen hundred and six ; chapters three hun- dred and thirty, four hundred and twenty-nine and four hundred and sixty-eight of the acts of the year nineteen hundred and seven; and all other acts and parts of acts inconsistent herewith are hereby repealed ; but such re- peal shall not revive any law heretofore repealed or super- seded. Approved June 26, 1907. 148 ELECTION LAWS, 1907. ACTS OF 1907 RELATING TO ELECTIONS NOT INCLUDED IN CHAPTER 560. Nominations of candidates for senators 1st Hampden and 3d Middlesex districts. Members of state com- mittees- Certain pro- visions of law to apply. Chap.543 AN ACT RELATIVE TO THE NOMINATION OF SENATORS FROM THE FIRST HAMPDEN DISTRICT AND FROM THE THIRD MID- DLESEX DISTRICT AND TO THE ELECTION OF MEMBERS OF STATE POLITICAL COMMITTEES FROM SAID DISTRICTS. Be it enacted, etc., as follows: SECTION 1. Nominations by political parties of candi- dates for state senators from the first Hampden district, and the third Middlesex district shall be made in caucuses by direct plurality vote. SECTION 2. Members of state political committees from the senatorial districts named in section one shall be elected by direct plurality vote in the caucuses held for nominating senators from the said districts. SECTION 3. All provisions of law relative to caucuses of political parties and to nominations and elections in caucuses by direct plurality vote and to ballots, returns, and the duties of city clerks and registrars, so far as they are applicable, shall apply to caucuses and elections held in accordance with the provisions of this act. SECTION 4. This act shall take effect upon its passage. Approved June 21, 1907. AN ACT RELATIVE TO THE TERMS OF OFFICE AND SALARIES OF ASSESSORS, EXCEPT IN THE CITY OF BOSTON. Be it enacted, etc., as follows: SECTION 1. Each assessor in every city and town of the Commonwealth, except in the city of Boston, shall be elected or appointed to hold office for the term of three years and until his successor is duly elected or appointed : provided, that where the number of assessors is fixed at three, there shall be elected or appointed one for a term of three years, one for a term of two years, and one for a term of one year ; where the number is fixed at five, there shall be elected or appointed one for a term of one year, two for Chap.579 Assessors, except in Boston, elec- tion, terms of office, etc. ELECTION LAWS, 1907. 149 the terms of two years and two for the terms of three years ; where the number of assessors is seven, there shall be elected or appointed two for terms of one year, two for terms of two years and three for terms of three years; where the number of assessors is nine, there shall be elected or appointed three for terms of one year, three for terms of two years and three for terms of three years ; and annu- ally thereafter there shall be elected or appointed one, two or three for terms of three years, as the term of office of one, two or three expires. But this proviso shall not apply to cities and towns in which the three year term for assess- ors is already established. SECTION 2. This act shall take effect on the first day of JJJjg to take January in the year nineteen hundred and eight. " Approved June 28, 1907. AN ACT TO PROHIBIT THE PUBLICATION OF UNSIGNED POLIT- ICAL ADVERTISEMENTS AND THE MAKING, BY CERTAIN COR- PORATIONS, OF POLITICAL CONTRIBUTIONS. Be it enacted, etc., as follows: SECTION 1. No person shall publish or cause to be pub- Publication of lished in a newspaper or other periodical, either in its ad- JJSJtSSii adver- vertising or reading columns, any paid matter which is designed or tends to aid, injure, or defeat any candidate for public office unless the name of the chairman or secre- tary or the names of two officers of the political or other organization inserting the same; or the name of some voter who is responsible therefor, with his residence and the street and number thereof, if any, appear therein in the nature of a signature. Such matter inserted in reading columns shall be preceded or followed by the word " Adver- tisement " in a separate line, in type not smaller than that of the body type of the newspaper or other periodical. SECTION 2. No person shall pay the owner, editor, pub- Payment to lisher, or agent of a newspaper or other periodical to induce S^newspipe him editorially to advocate or oppose any candidate for locating or public office or political principle; and no such owner, editor, publisher, or agent shall accept such payment. This provision shall not apply to the outright purchase of such newspaper or periodical. SECTION 3. No corporation carrying on the business of a bank, trust, surety, indemnity, safe deposit, insurance, railroad, street railway, telegraph, telephone, gas, electric contributions. eteo ~ 150 ELECTION LAWS, 1907. Penalty. When to take effect. light, heat, power, canal, aqueduct, or water company, or any company having the right- to take or condemn land or to exercise franchises in public ways granted by the Com- monwealth or by any county, city or town, and no trustee or trustees owning or holding the majority of the stock of such a corporation, shall pay or contribute in order to aid, promote, or prevent the nomination or election of any person to public office, or in order to aid, promote or antag- onize the interests of any political party, or to influence or affect the vote on any question submitted to the voters. No person shall solicit or receive such payment or contribu- tion from such corporation or such holders of stock. SECTION 4. Any corporation which violates any provi- sion of this act shall be punished by a fine of not more than ten thousand dollars, and any officer, director or agent of a corporation violating any provision of this act, who au- thorized such violation, or any person who violates, or in any way knowingly aids or abets the violation of, any pro- vision of this act, shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than one year. SECTION 5. This act shall take effect on the first day of October in the year nineteen hundred and seven. Approved June 28, 1907. INDEX INDEX. A. PAGE Acceptance of nomination by candidates, . . . . . . 49, 67 Affidavit, penalty for making a false, ....... 141 Affidavits, taken by assessors to be preserved for two years, ... 12 Aldermen, duties of, in relation to the division of cities into voting precincts, 72, 73 to designate and furnish polling places in each precinct, . . .78, 79 to post printed description of polling places, . . . . 79 may make regulations as to use of seals, ballot boxes, counting appa- ratus, etc., receiving and returning votes, . . . . 9 to call meetings for elections, . . . . . . 90, 111 to examine returns of elections, etc., ...... 100 to make duplicate certificates of election of representative in general court, 106 to certify copies of records of votes, ..... 100, 101 to declare result of election, . . . . . . . .110 to provide polling places for caucuses, . . . . . . 45, 48 (See also Mayor and aldermen, and Election Commissioners.) Aldermen at large, number of ward in which candidate resides, to be upon cer- tificate of nomination, nomination paper and ballot, . . .66, 84 Alphabetical list of voters. (See Lists of voters, and Voting lists.) Amended returns of votes to be made, .... 100, 104, 106, 109 Amendment to the constitution, proposed, preparation, publication, posting, etc., . . . . . ... 87-89, 91 copy of, to be printed in notice or warrant calling meeting at which it is to be voted on, . . . . . . . . .91 question of approval of, to be printed on ballot, . . . . 85 Announcement of result of vote, . . . . . . . 98, 126 Annual meeting of each town to be held in February, March or April, . . 124 Annual register of voters, to be kept, ....... 20 preparation of ........... 20-25 names entered in, to be posted, etc., ...... 26 additional names entered in, to be posted or published, etc., . . 27 Annual state election to be held on the Tuesday next after the first Monday in November, ........ 90 Anonymous circulars or posters, protection of candidates against, . 143 publications prohibited, ..... 149, 150 Apparatus, for use at elections, to be provided by the secretary of the com- monwealth, . . . . . . . .79 INDEX. PAGE Apparatus, for use at elections, care, custody, repairs and improvement of, . 80 to be used where official ballots are used, ..... 97 if impossible to use, proceedings to be as presiding officer shall direct, . 97 penalty for injuring or destroying, . . . . . . .143 Applicants for registration. (See Registration of voters.) Applications, certificates or affidavits taken by assessors to be preserved for two years, .......... 12 Arrangement of names upon ballots, ...... 52, 84-86 Arrest of persons for disorderly conduct, etc., at polls, .... 94 Assessed polls, list of, assessors to make, post, etc., .... 12 correction of errors in, . . . . . . . . n penalty on assessors for making false entry on, . . . .136 street lists of, assessors of cities and certain towns to make and distrib- ute, ........... 12 number of, to be returned to the secretary of the commonwealth, . 28 Assessment of taxes, upon polls and estates, ...... 11-14 errors in, to be corrected, . . . . . . . .11 of persons omitted from lists of assessed polls, . . . . . 12, 13 of male persons moving into a city or town after May 1, . . . 13 Assessment of voters, evidence in prosecution for violation of laws relating to, 9 inquests to be held in cases of alleged violation of laws relating to, 120, 121 term defined, ......... 5 town, election, term of office, etc., .... 127, 129-133, 148, 149 failure to elect, vacancy, etc., ...... 134, 135 selectmen to act as, if town so votes, . . . . . .131 notices of, relating to elections, place of posting, .... 8 to make list of persons assessed, etc., ...... 11-13 to correct errors in names and residences, etc., . . . . 11 applications, certificates and affidavits taken by, to be preserved for two years, .......... 12 to transmit to registrars list of persons assessed, etc., . . . 12 to notify collector of changes in lists etc., .... 12 to furnish information necessary to aid registrars, etc., ... 12 to make street lists of assessed polls in cities and certain towns, etc., . 12 to assess voter not previously assessed, etc., . . . . . 12, 13 to give certificate to person who has been assessed, etc., . ... 13 proceedings upon failure to perform duties, ..... 134 penalty for making false list of assessed polls, etc., .... 136 penalty for giving false information to, etc., ..... 140 penalty for refusing to give information to, . . . . .140 to assess persons not assessed May 1, . . . . . . 12, 13 to require proof of residence in such cases, . . . . . 12, 13 to hold session for assessment of such persons, ..... 13 to keep records of applicants and witnesses, . . . . .13 to post, in places of assessment, laws prescribing penalties for illegal registration, etc., . . . . . . . . . 13 to inquire as to residence of women voters of previous year, . . 11 INDEX. 155 PAGE Assessors, to make list of such voters so found, . . . . . .11 to transmit same to registrars of voters, . . . . . . 12 Assistant assessors, election, etc. (see also Assessors), ..... 127 Assistant registrars of voters in cities, appointment, . . . . . 17, 18 powers, duties, etc., . . . . . . . . . 17, 18 qualifications, removal, vacancy, etc., ...... 17, 18 not to hold certain other office, . . . . . . . 17, 18 in Boston, .' 33, 34, 36 Associate commissioners, election, etc. (see also County Commissioners), 90, 122, 123 Attorney-general, to be elected annually on the Tuesday next after the first Monday in November, . . . . . . . 90, 121 returns of votes for, to be transmitted to the secretary of the common- wealth, ... 101 with secretary to approve blank forms for statements of election ex- penses, etc., .......... 119 to be notified of defective statements of election expenses, . . 118 to prosecute in certain cases, . . . . . . . .118 to attend certain inquests in election cases, etc., .... 120 Auditor, state, to be elected annually on the Tuesday next after the first Monday in November, . . . . . . . 90, 121 returns of votes for, to be transmitted to the secretary of the common- wealth, ..... . ... 101 with secretary and treasurer to approve blank forms for canvass and count of votes, ......... 80 Auditors, town, number, election, term of office, etc., .... 127, 130 to hold no other town office, . . . . . ... 127 failure to elect, vacancy, etc., ...... 133, 135 B. Ballot boxes, to be approved by board of voting machine examiners, . 79, 81, 82 persons of whom purchased to give bond to keep in working order for two years and to defend against suits, ..... 82, 83 to be furnished by secretary at expense of the commonwealth, . . 79 secretary of the commonwealth to make regulations for the use of, . 83 board of aldermen, election commissioners and selectmen may make regulations relative to use of, ..... 9 presiding officer to have charge of, ...... 92 replacing defective, etc., ........ 80 care, custody, repair and improvement of, ..... 80 to be used at certain elections, ..... .92 record of condition of registers of, to be made by clerks, . . 92 at opening of polls, to be opened and examined, etc., not to be opened except to press down ballots to make room, except in certain towns, ..... if impossible to use, voting shall proceed as presiding officers direct, . 92 penalty for injuring or destroying, ....... 143 156 INDEX. Ballot boxes and voting lists, officers in charge of, respectively, to be of differ- ent political parties, ........ 93 Ballot clerks, appointment, duties, . . . . . . 76, 77, 94 inspectors to act as, duties of, ....... 76 Ballot law commission, state, appointment, powers, duties, compensation, 68, 70, 71 in Boston, board of election commissioners to constitute, ... 34 in cities, except Boston, board of registrars, city clerk and city solicitor to act as, . . 68 in towns, board of registrars to act as, . . . . . .68 powers and duties, . . . . . . . . . 68, 69 Ballots, evidence in prosecution for violation of laws relating to, . . . 9 appointment of tellers in towns to assist in canvassing and counting, . 77 preparation, printing and distribution of, at public expense, . . 83-87 not to be printed in any printing establishment owned or managed by the city of Boston, ........ 52 paper, size, form, type, etc., ........ 86 general, for use of male voters, description of, etc., . . . 83-87 arrangement of names upon, . . . . . . . . 84-86 number of, to be furnished, . . . . . . .86 to be enclosed in sealed packages, etc./ . . . . . . 88, 89 delivery of, to cities and towns, ....... 89 delivery of, to election officers, ....... 89 record of number of, etc., to be preserved, ..... 87 to be arranged in packages, ........ 87 at certain town elections, not to be delivered to voters until moderator is chosen, 89, 90 not to be removed from space enclosed by guard rail before polls are closed, ........... 96 to be deposited in state ballot boxes, ...... 92 counting of, when voting is in progress, . . . . . .98 statement of number of, cast, not to be made by officers before the public declaration, ......... 93 marking, etc., of, by voter, ........ 94-97 manner of depositing, in ballot box, . . . . .96 cast by voters whose right to vote is challenged, . . . . 96, 97 spoiled, to be returned, others may be furnished, etc., ... 96 blank forms and apparatus to be used in the count and canvass of, . 97 count and canvass of, etc., ..... . . 97-100 at close of polls, to be audibly counted and whole number announced, . 97 to be kept in open view of voters until enclosed and sealed up, . . 98 defective, not to be counted, to be preserved, ..... 99 not cast, to be enclosed in envelope and sealed, . . . .99 to be sealed up and endorsed by election officers after having been counted, etc., ......... 99 to be transmitted, sealed, to city or town clerk or election commis- sioners, ........... 99 to be retained the required time, and then destroyed without exami- nation, ........... 100 INDEX. 157 Ballots, whole number of, cast, to be stated in words at length in records and copies of records, . . . . . . . . 106, 107 to be retained until a contested election is determined, etc., . . 107 to be used in the election of moderator, . . . . . .130 to be used in certain towns in taking the vote upon the question of granting liquor licenses, . . . . . . . .132 partial, for the use of voters who are entitled to vote for a part only of the officers to be voted for, ....... 87 substitute, to be prepared and furnished by city or town clerks, or election commissioners, ........ 90 specimen, to be prepared and furnished, ..... 87, 135 specimen, to be posted, ........ 91, 135 special, for use of women in voting for school committee, description of, etc., .... .... 85. 86, 133 inquests to be held in cases of alleged violation of laws relating to, . 120 penalty for reading or examining, by presiding officer of town meeting, 138 penalties for violating provisions regarding printing and distributing, . 144 penalties for altering, depositing or removing, with intent to defraud, . 145 penalty for fraudulent marking of, or placing distinguishing mark on, . 145 may be taken from ballot box during voting, in certain towns, . . 98 for town officers, in towns divided into precincts, how canvassed, . 133 for candidates, delegates, etc., in caucuses and primaries, . 45, 52, 53, 58, 62 Ballots, recounts of, ......... 107-110 interested candidates, etc., to be notified and may be present at, 108, 109 to be made by registrars of voters, or election commissioners, . . 108 in certain cases, to be made by moderator, ..... 108 to be only on questions designated in statement, .... 109 Ballots for caucuses (at which official ballots are used), preparation of, . 52, 53 delivery of, at polling place, ........ 53 form, number, arrangement of names, etc., . . . . . 52, 53 to contain statement regarding candidate, . . . .52 to have blank spaces for insertion of names, . . . . . 52, 53 how marked by voter, . . . . . . . .53 facsimile copies to be furnished, . . . . . .52 facsimile copies to be posted in polling places, ..... 53 Ballots cast in caucuses (at which official ballots are used) not to be counted until polls are closed, ........ 54 to be counted in full view of voters, ...... 54 by challenged voter, no information to be given relative to, . . 54 to be transmitted to city or town clerk or election commissioners, . 54 to be preserved, etc., . . . . . . . . . 54, 55 recount of, ........... 55 Ballots cast in caucuses (at which official ballots are not used) to be trans- mitted to city or town clerk, .... .45 to be preserved, ........ .45 recount of, ........... 46 Ballots for primaries, preparation of, etc., ....... 58 Ballots cast at primaries, counting and recounting of, .... 58 158 INDEX. Blank forms, envelopes, etc., for returns to be furnished by the secretary of the commonwealth and clerks of the courts, .... 80 Blank forms for the count and canvass of votes, to be provided by the secre- tary of the commonwealth, ....... 80 to be used at elections when official ballots are used, . . .97 proceedings when impossible to use, . . . . . .97 penalty for injuring or destroying, . . . . . . .143 Board of aldermen. (See Aldermen, board of.) Board of examiners, for each county except Suffolk and Nantucket, . . 104 to examine votes for county commissioners, file returns in clerk's office, notify persons elected and secretary of the commonwealth, 104 may order new returns if original appear to be incomplete or errone- ous, .... 104, 105 may recount ballots for county and associate commissioners, . . 107 not to give information regarding ballot cast by challenged voter, . 110 to issue precepts for election in case of failure to elect or vacancy in office of county commissioners or associate commissioners, and notify secretary of the commonwealth, . . . . 112, 113 to send copy of precept to the secretary of the commonwealth, . .113 penalties on, ......... 138, 139 Boards of health, in towns, election, terms of office, etc., . . 128, 129-132 in certain towns to contain physician, . . . . . .128 selectmen to constitute board, if none is chosen, . . . .128 Books for registration to be furnished by secretary of the commonwealth, at cost, 20 Boston, city of, election commissioners in, appointment, term, etc., . 8, 9, 33-37 election commissioners to constitute the Boston ballot law commission, 34 list of persons, twenty years of age or upwards and women voters in, how made, . . 29, 30 no person to be listed in, later than September 20, . . . . 31 lists of inmates of institutions in, to be transmitted to election commis- sioners, . .......... 14 assistant registrars of voters in, . . . . . . 33, 34 listing and registration of voters in, ...... 29-37 street lists of registered voters to be made in, . . . . . 26, 37 posting of voting lists in, ........ 26 copies of voting lists to be prepared for distribution, ... 37 conventions to nominate candidates for school committee in, . . 63 election officers in, appointment, removal, etc., .... 74-78 voter to write his name upon request, . . . . . .37 time for filing certificates of nomination and nomination papers in, before elections, ......... 67 notices of meetings for elections in, . . . . . .91 primaries in (see also Primaries), ....... 56-61 (See also Election commissioners.) Bribery at elections, punishment for, . 145 INDEX. 159 C. PAGE Calling of caucuses, . . . . . 40, 41, 45, 47, 48, 61 Calling of primaries, .......... 58 Candidates, names of. (See Names of candidates.) nomination of, blank forms for, to be furnished by the secretary of the commonwealth, .......... 70 nomination of, by caucus, ...... 40-56, 61, 62 nomination of, by primaries, . . . . . . .58 nomination of, by convention, ....... 62-64 may be nominated by roll call, . . . . . . 63, 64 nomination of, by individual voters, ...... 64-66 nomination of, by direct plurality vote, ...... 63 nomination of, to fill vacancy caused by withdrawal, ineligibility or death, . 49, 69, 70 political or other designation of, ..... 66, 67, 69, 84 to file written acceptance of nomination when nominated by nomina- tion papers, . . . . . . . . . . 49, 67 may withdraw names from nomination; time, etc., .... 69 to be notified of objections to nomination, . . . . .69 names, residences, etc., of, to be placed upon ballots, . . . 83-86 protection of, against anonymous circulars and posters, . . . 143 number of names of, with same political designation, ... 69 lists of, to be posted and published, . . . . . . 87, 88 to be voted for, not eligible as election officers or supervisors of elections, 76, 78 receiving the highest number of votes to be declared elected or nomi- nated, 7, 38, 42, 64 not to serve as caucus officers, ....... 45, 56 claiming an election, to serve notice on clerk of intention to contest, etc., 107 for presidential electors, receiving not less than one fifth of votes, may apply to supreme judicial court for declaration of election, . . 103 to be notified and may be present at recount of ballots, . . 108, 109 for public office, payment, etc., of money by, to aid nomination or elec- tion, etc., . ... . 114-120 promise, etc., of appointment, etc., by, to aid nomination or election, etc., . 114, 115 may incur and pay personal expenses, etc., . . . . .115 may make voluntary payment, etc., of money, etc., to political com- mittees, etc., .......... 115 penalties on, for violations of provisions relative to corrupt practices and election expenses, ........ 146 to be notified of errors in statement of election expenses, . . . 118 may be nominated at adjourned caucus, in case of tie vote, . . 42 information regarding, may be put upon nomination papers and ballots, 50, 52 in caucuses and primaries, .... 49, 50, 52 names of, how arranged, on ballots, . . . .52, 53, 58, 84-86 may withdraw from nomination, . . . . . . . 51, 69 160 INDEX. PAGE Canvass of votes, .......... 97-100 Canvassing boards in Suffolk senatorial districts, how constituted, . . 43 to furnish certificates of election to members elect of, and notify state committee, .......... 43 Cards of instruction, to be prepared and furnished, ... . . . 87 to be posted up in polling places, etc., . . . . . . 91, 92 Caucus, term defined, . . . . . . ... . . 5 no person to take part in, whose name does not appear upon voting list, 42 Caucus officers, term denned, ......"... 5 appointment of, for first caucus, when official ballots are used, . . 56 election, qualifications, duties, terms of office, etc., . . . . 55, 56 to serve at caucuses held for the choice of delegates to conventions to elect delegates to national conventions, appointment, etc., . . 44 vacancy, how filled, . . . . . . . . 42, 56 certain persons ineligible, ........ 45, 56 not to give information regarding challenged vote, .... 54 penalties upon, for violation of law, . . . . . 137-139 Caucuses, calling of, . . . . . . . . 40, 41, 44-48 notices of, 41,45-48,61 in Suffolk county to be held on the sixth Tuesday preceding the elec- tion, . . . . ... . . . . .40 secretary of, to file certificate, ....... 64 polling places to be provided for, ....... 45, 48 voting at, may proceed in two or more lines in certain cases, . . 48 voting list for use at, . . . . . . . . .28 ballot to be taken for choice of any candidate, delegate or member of a political committee, ........ 45 entitled to make nominations, etc., ...... 40 nomination of candidates by, . . . . . . 40-62 presiding officers and secretaries of, to sign certificates of nomination, etc., . ... 64 blank certificates of nomination to be furnished for use of presiding officers and secretaries of, ....... 70 may provide for rilling of vacancy caused by withdrawal, ineligibility or death of candidate, . . . . . . . .69 inquests to be held in cases of alleged violation of laws relating to, 120, 121 evidence in prosecutions for violation of laws relating to, . . . 9 provisions relative to corrupt practices and election expenses, applicable to, 120 penalty for illegal voting at, . . . . . . . .139 penalty on officers, etc., . . . . . . 137-139 to be called by state committee, ....... 40 relating to city or town elections to be called by city or town committee, 47 different political parties not to hold, on same day, . . . . 41, 47 choice of day given to party first filing copy of call, . . . . 41, 47 hour to be not later than 8 o'clock P.M., ...... 45 hour not to be earlier than 2 o'clock P.M., or later than 7.30 o'clock P.M., 48 INDEX. 161 Caucuses, persons receiving the highest number of votes in, to be declared elected or nominated, . . . . . . . . 42, 63 may adjourn in certain cases, . . . . . . .42 relative to special elections, ........ 41 may be called to consider adoption of provisions of law for the use of official ballots, 46, 47 polls to be kept open at least one hour, ...... 47 acceptance may be revoked after one year, how, .... 47 ballots and voting lists to be preserved, .... 45, 46, 54, 55, 62 notices of intention to contest elections or nominations by, . . 46 at which official ballots are used, ....... 46-56 at least twenty-five voters to take part in certain, .... 61 all of one party, relating to city or town election, to be held on same day in certain cases, ......... 47 time of calling, . . . . ' . . . 40, 41, 45, 47, 48, 61 order of business, ........ 45, 53, 54, 62 time of closing polls, ......... 53 voting lists to be used, ......... 42 challenging of votes in, . . . . . . . . 42, 54 ballots to be counted in full view of voters, ..... 54 vote in, to be publicly announced, ....... 54 recount of ballots cast in, . . . . . . . 46, 55 precinct, appointment of officers to serve at, . . . . .56 returns of, ........... 64 returns to be tabulated by city or town clerks, .... 64 city or town clerk to issue certificates, and notify committees of elec- tion of delegates and members of ward and town committees, . 64 returns of, at which are made direct nominations, etc., . . .43, 44 Caucuses, joint. (See Primaries.) Certificates, applications or affidavits taken by assessors, to be preserved for two years, .......... 12 complaints, etc., relating to registration, to be preserved for two years, 25 of right to vote, to be given by the registrars of voters, etc., . . 27 to be attached to the voting list, etc., ...... 27 to be made after counting ballots, ....... 99 to be made after recount of ballots, ...... 109 Certificates of election, governor to issue, etc., ...... 102 secretary of the commonwealth to transmit, to persons elected, . .102 of representatives in general court, form of, ..... 106 to be made and transmitted in duplicate, ..... 106 to be issued by city clerk or election commissioners upon expiration of time for recount of ballots, . . . . . . .110 to be sent to delegates to conventions, members of committees and caucus officers, ...... . 42, 43 Certificates of nomination of candidates, blank forms of, to be furnished by the secretary of the commonwealth, ..... 70 162 INDEX. Certificates of nomination of candidates, for representative to general court, blank forms to be sent to city and town clerks, etc., ... 70 form, contents, etc., . . . . . . . . 64, 66, 70 political or other designation on, . . . . . . 66, 67 to be signed by presiding officer and secretary of caucus, etc., . . 64, 70 to be filed by secretary, ........ 64 in cases of direct nomination, to be filed by city or town clerk or elec- tion commissioners, . . . . . . . . 43, 44 time of filing of, with secretary of the commonwealth or city or town clerks, . . . . . . . . . . . 64, 67 in city of Boston, . . . . . . . . . .67 objections to, may be made in writing; time of filing, ... 68 objections to, to be considered and decided by certain officials, . . 68 to be preserved, open to public inspection, etc., .... 70 Chairman and secretary, of state committee to send call for caucuses to city and town committees, ........ 40 of city or town committee to notify aldermen or selectmen of date of caucus, . . . . . . . . . . . 45, 48 may fill certain vacancies, . . . . . . . . 51 of city committee to make nominations for caucuses (at which official ballots are used), if papers are not filed, or vacancy occurs, . 50, 51 Challenge of right of persons to vote, duty of presiding officer, . . 54, 96, 97 Challenged vote, in caucuses, how received, ...... 54 right of supervisors of elections, ....... 78 Challenged voter, ballot cast by, no information to be given relative to, 54, 97, 1 10 oath to be taken by, in caucus, ....... 41 Check lists. (See Voting lists.) Circulars or posters, anonymous, protection of candidates against, . . 143 distribution of, in vicinity of polling places, ..... 91, 92 Cities, elections in, to be held on Tuesdays, ...... 8 voters in, place of registration and voting, . .' . . . 11 duties of assessors in, . . . . . . . . . 11-13 time for registration to cease in, . . . . . . . 19 assessment in, errors in, to be rectified, . . . . . . 11, 12 assessed polls in, street lists of, to be made, etc., . . . . 12 registrars of voters in, ......... 14-18 assistant registrars of voters in, ....... 16-18 sessions for registration in, . . . . ... 18 to provide suitable rooms for the registration of voters, . . . 18 preparation and posting lists of voters in, ..... 25-29 return of number of assessed polls and registered voters in, . . 28 return of number of registered male and female voters in, . . . 28 division of, into wards and voting precincts, .... 28, 71-74 precincts in, map or description to be published and furnished to offi- cials, 72, 73 proceedings at elections in, when new division into wards is made, . 72 election officers in, ......... 74-78 INDEX. 163 PAGE Cities, polling places in, designation, preparation of, etc., . . . . 78, 79 state ballot boxes, apparatus and blank forms to be provided for use at elections in, . . . . . . . . . 79, 80 to keep ballot boxes and apparatus in good repair and replace those lost or destroyed, ......... 80 ballots to be prepared and furnished for elections and meetings in, . 83-87 board of aldermen or election commissioners in, may make regula- tions as to use of seals, ballot boxes, etc., and counting and re- turning votes, ......... 9 may purchase approved voting machines, ..... 82 meetings in, for election of state and city officers, calling of, . . 90 when ballot boxes may be opened in, . . . . .92 statements relative to elections in, not to be made prior to public dec- laration of vote, ......... 93 ballots and voting lists in, to be transmitted to city clerk or election commissioners by presiding election officer, .... 99 ballots cast in, to be retained the required time and then destroyed without examination, . . . . . . . .100 voting lists used in, to be preserved, etc., ..... 100 copy of voting list used at elections in, may be furnished, ... 99 recount of ballots in, 107-110 registrars of voters in, may employ assistance in recounting votes, . 110 result of election in, when to be declared, . . . . .110 elections in, provisions relating to corrupt practices and election ex- penses applicable to, . . . . .120 to provide places for holding caucuses, . . . . . . 45, 48 to furnish ballot boxes, booths, etc., in certain cases, ... 48 proceedings in, when nomination papers (caucus) are not filed, etc., . 50, 51 to provide ballots for caucuses when official ballots are used, . . 52 to provide blank nomination papers, ...... 48 City clerk, with registrars of voters and city solicitor, to consider objections to nominations for city offices and decide questions, except in Boston, 68 City clerks, notices of, relating to elections, places of posting, etc., . . 8 to publish notices of meetings for elections, . . 90 except in Boston, to send to registrars of voters names of certain persons deceased, . . . . . . . .14 to be members of boards of registrars of voters in certain cities, . 15 to cease to be members of boards of registrars of voters, . 15 to receive and file nominations for city officers; time, etc., . . 67 to require identification of persons filing nomination papers, to notify candidate and party committee of objections to nomination, 69 to preserve certificates, nomination papers, objections, withdrawals, receipts and record of number of ballots furnished, for one year, .70,87,89 to notify secretary of the commonwealth of changes in wards or voting precincts, ... may administer oaths to election officers, ... 77 164 INDEX. PAGE City clerks, may administer oaths to supervisors of elections, ... 78 vacancy in office of, may be filled by appointment pro tempore, . 77 to provide for safe keeping and repair of state ballot boxes and appa- ratus, 80 to provide suitable seals for precinct clerks, . . . . .80 to send ballot boxes, seals, apparatus and blank forms to election offi- cers, 81 to prepare and furnish ballots, cards of instruction and specimen ballots for city election, 83-88 to cause lists of candidates to be posted and published, ... 88 to return receipts for ballots to the secretary of the commonwealth, . 89 to send ballots, cards of instruction and copies of proposed constitu- tional amendment to election officers, ..... 89 to cause ballots, etc., for city election to be packed in sealed packages, etc., 89 to retain second set of ballots until called for by presiding election officer, 89 to prepare and furnish substitute ballots when needed, ... 90 to enter upon city records the copies of records of elections furnished by precinct clerks, ......... 98 to examine returns of elections, etc., with aldermen, .... 100 in cases of direct nomination to file certificate or record of votes, . 43, 44 may furnish copy of voting list as checked upon application of ten legal voters, etc., 55, 99 to retain ballots the required time, and then cause them to be destroyed without examination, . . . . . . . .100 to retain voting lists for same length of time as ballots, and then trans- mit them to registrars of voters, . . . . . .100 to transmit returns of votes, . . . . . . . 101, 106 duties of, in relation to erroneous returns, etc., . . 100, 105, 106 to make new return of votes, etc., ..... 101, 104, 105 duties of, in relation to election of representative in general court, . 105 to certify to secretary of the commonwealth the number of names of voters checked as having voted, etc., . . . . .107 to retain ballots until a contested election is determined, etc., . . 107 to issue certificates of election upon result being declared by aldermen, 110 not to give information relative to ballots cast by challenged voters, . 110 penalties on, . . . . . . . 138, 139, 146 to transmit envelopes containing ballots to be recounted, etc., to regis- trars of voters, ......... 108 duties of, relative to statements of election expenses, . . 118-120 to prepare blank nomination papers, ...... 48 to prepare ballots for use in caucuses, ...... 52 to determine number of ballots for caucus, if not otherwise fixed, . 52 to furnish facsimile copies of ballots, ...... 52 to deliver ballots, voting lists, etc., to caucus officers, ... 53 to keep packages received from wardens of caucuses, . . .54, 55 to produce same if required by court or convention, .... 55 INDEX. 165 PAGE City and town clerks, of representative district, to meet and determine election, 105 to return and record names of persons voted for, and number of votes for each person, ........ 105, 106 place of meeting of, to ascertain result of election, to be designated, etc., 105 to make and transmit duplicate certificates of election, . . . 106 to certify to the secretary of the commonwealth when there is no choice, 111 City committee, to consist of ward committees, . . . ' . . 38 how organized, .......... 38, 39 vacancy in, how filled, ......... 39 may make rules governing its proceedings, ..... 39 may make rules governing caucuses, ...... 39 secretary of, to file with secretary of the commonwealth, city or town clerk and state committee, list of members and officers, . . 38, 39 may make rules to determine membership of party, .... 39 to exclude all others from caucus, ....... 39 to fix days for holding municipal caucuses, ..... 47 may call meeting in any city to consider adoption of provision of law for the use of official ballots, 46 proceedings for this purpose, ........ 46, 47 secretary of, to file notices of adoption, etc., ..... 47 City councils, to furnish registrars with office room and aid, determine com- pensation, etc., ......... 17 may authorize the appointment of assistant registrars of voters, . 17 to determine compensation of supervisors of elections, ... 78 elections by, act relative to corrupt practices and election expenses ap- plicable to, 120 City election, term defined (see also Cities), ...... 5 City officer, term defined, ......... 6 City officers. (See Civil officers.) City offices, candidates for, nomination of, ...... 40-70 City of Boston. (See Boston, city of.) City solicitor, with city clerk and registrars of voters, to consider objections to nominations for city offices and decide questions, except in Boston, 68 Civil officers, election of, persons having highest number of votes to be deemed to be elected, ......... 7 title of persons elected not to be affected by violation of certain pro- visions of law, ...... .107 Clerk of board of registrars, election, duties, ..... 15 Clerk of caucus, election, duties, etc., ..... . 54-56 to seal up ballots, voting lists, and statements regarding challenged vote, before adjournment of caucus, . . . 54 (with warden) to endorse package containing votes, etc., . . 54 Clerks of cities. (See City clerks.) Clerks of voting precincts. (See Election officers.) Clerks of the courts, election of, ....... 90, 122 to hold office for five years, ........ 124 166 INDEX. Clerks of the courts, in case of failure to elect, or vacancy in office of, governor to order new election, ...... Ill in case of vacancy in office of, appointment, . . . . Ill, 112 returns of votes for, to be returned to the secretary of the common- wealth, ......... . 101 to provide blank forms and envelopes for certificates, returns, etc., . 80 return of votes for county commissioner, to be filed in office of, . 101 duties of,' when vacancy occurs in offices of county commissioner or as- sociate commissioner, . . . . . . . .113 penalty for wilful neglect, etc., ....... 139 Clerks of towns. (See Town clerks.) Collectors of taxes, to furnish information necessary to aid registrars, . . 12 to be furnished with additions to and corrections in lists of persons as- sessed, ........ 12 penalty for wilful neglect or refusal, . . . . . .139 number, election, term of office, etc., . . . . . 127, 130 in case of failure to elect or vacancy, ..... 133, 134 to give bonds, .......... 134 Commissioners to apportion Suffolk county into representative districts, 123, 124 Compensation, of registrars of voters, ..... 17 of election officers, ......... 77 of supervisors of elections, ........ 78 of presidential electors, . . . . . . . . .114 of state ballot law commission, . . < . . . . 71 of voting machine examiners, . . . . . . . .81 Complaints, certificates, etc., to be preserved by registrars for two years, . 25 Congress, representatives in, designation on ballot may be "Congressman," . 85 (See also Representatives in congress.) Constables, number, election, term of office, etc., . . . . 127, 130 powers and duties of, . . . . 92-94, 106, 124-126, 132, 134 to give notice of town meeting, . . . . . 124, 125 when ordered by moderator, may remove and confine disorderly persons, 126 to take persons violating provisions of law into custody, etc., . . 94 to summon town officers elect to appear and take oath, . . .132 certain exemption from liability to hold office of, . . . .132 to forthwith accept or decline office, . . . . . .134 in case of failure to elect, or vacancy, . . . . . 133, 134 penalties for refusing or neglecting duty, . . . . . .139 to act as collectors of taxes in certain cases, . . . . .127 Constitution, amendment to, proposed, preparation, publication, posting, etc., . 87-90 printed on slips to be furnished to registrars and election commissioners by secretary of the commonwealth, ...... 22 copy of, to be printed in warrant for meeting at which it is to be voted on, 91 question of approval of, to be printed on ballot, .... 85 Contest, notice of intention to, in cases of elections or nominations by caucuses, 46, 107 U N ! V E FTS I T OF INDEX. 167 PAGE Contested elections, ballots to be retained subject to order, etc., . . . 107 of presidential electors, ........ 103, 104 "Convention" term defined, ......... 6 Conventions, selection of delegates to, ....... 40-62 date of holding, .......... 63 nomination of candidates by, ........ 62-70 for the nomination of candidates for school committee in Boston, . 63 may be made by roll call, . . . . . . . . 63, 64 presiding officer and secretary of, to sign and swear to certificate of nomination, etc., ......... 64 secretary of, to file, ......... 64 blank certificate of nomination to be furnished for use of presiding officer and secretary of, ........ 70 may provide for filling vacancy caused by withdrawal, ineligibility or death of candidate, ........ 69 provision relative to corrupt practices and election expenses, applicable to, 120 inquests to be held in cases of alleged violation of laws relating to, 120, 121 penalty on officer of, ......... 137 Copies of records of votes. (See Returns of votes.) Corporations, certain, not to make political contributions, etc., . . 149, 150 Corrupt practices in elections, prevention of, ..... 114-120 Councillors, elected annually on the Tuesday next after the first Monday in November, ....... 90, 121 returns of votes for, to be transmitted to the secretary of the common- wealth, ........... 101 Count and canvass of votes, ........ 97-100 Counting of ballots, when voting is in progress, ...... 98 apparatus for, .......... 79-83 County commissioners, election, term of office, etc., . . . .90, 122, 124 returns of votes for, to be transmitted to clerks of the courts, . .101 to examine votes for county treasurers and registers of deeds, notify per- sons elected and secretary of the commonwealth, . . . 104 board of examiners to examine votes for, notify persons elected and secretary of the commonwealth, . . . . . .104 may order new return if original appears to be incomplete or erroneous, 104, 105 to designate place of meeting of clerks in representative districts, . 105 may recount ballots for county treasurers and registers of deeds, 107, 108 not to give information regarding ballot cast by challenged voter, . 110 to issue precept for new election in case of failure to elect, or vacancy in office of county treasurer or register of deeds, . . .112 in case of failure to elect, or vacancy in office of, board of examiners to issue precept for new election, and notify secretary of the com- monwealth, . . . . . . . . . 112, 113 may appoint a county treasurer or register of deeds to hold office until an election, in case of a vacancy, . . . .112 in case of vacancy in office of, appointment may be made by remaining commissioners and clerk of courts, . ..... 113 168 INDEX. County commissioners, to send copy of precept to the secretary of the com- monwealth, .......... 113 not more than one commissioner or associate commissioner to be chosen from the same city or town, ..... 122, 123 to appoint assessors in certain towns, . . . . . 134 penalties on, ......... 138, 139 associate, election of, etc., ....... 90, 122, 124 County treasurers, election, term of office, residence, .... 90, 123, 124 return of votes for, to be made to county commissioners within ten days, 101 county commissioners to examine votes for, notify person elected and secretary of the commonwealth, ...... 104 in case of failure to elect, or vacancy in office of, county commissioners to issue precept for new election, and notify secretary of the com- monwealth, ......... 112, 113 in case of vacancy in office of, appointment, etc., . . . .112 Criminal prosecutions for offences against the election laws, ... 9 D. Day and hour, last, for filing nominations, . . . . 50, 51, 58, 67, 68 Days, number of, how to be computed in election laws, . . . . 8, 19 Deaths, returns of, to be made to registrars of voters monthly, ... 14 Defective ballots, to be marked, etc., ....... 99 Delegates, in case of tie vote, to be chosen by other delegates, ... 42 proceedings for filling such vacancy, ...... 42 to certain conventions to be chosen at one caucus, .... 40 to receive certificate of election, . . . .... 42 Delegation to convention, proceedings for filling vacancies on, . . 42 Deputy clerks. (See Election officers.) Deputy inspectors. (See Election officers.) Deputy wardens. (See Election officers.) Designation, political, or other, of candidates, ..... 66, 69, 84 Direct nominations, returns of caucuses when made, ..... 43, 44 certain provisions of law to apply to caucuses held for, . . .63 Direct plurality vote, candidates for certain offices to be nominated by, . 63, 148 members of state committees in certain senatorial districts to be elected by, 38, 148 Discharging voters on account of vote, penalty for, ..... 145 Disorderly conduct, at sessions of registrars of voters, penalty for, etc., . 142 at caucuses, primaries or elections, penalty for, .... 146 Disputed elections. (See Contested elections.) District attorneys, election, term of office, residence, . . . .90, 122, 124 returns of votes for, to be transmitted to the secretary of the common- wealth, 101 in case of failure to elect, or vacancy in office of, governor to order new election, .......... Ill INDEX. 169 PAGE District attorneys, in case of vacancy in office of, appointment, etc., . . Ill to be notified of defective statements of election expenses, . . 118 to prosecute in certain cases, . . . . . . . .118 to attend inquests in election cases, etc., ...... 120 Documents relating to registration, to be preserved for two years, . . 25 Duplicate voting lists, to be prepared for use at elections and meetings, . 27 E. Election, term denned, .......... 6 Election cases, inquests in, . . . . . . . . 120, 121 Election commissioners, city of Boston, appointment, term, etc., . . 33 powers and duties of, . . . . . . . 8, 9 to constitute the Boston ballot law commission, .... 34 to appoint assistant registrars of voters, . . . . .33 to provide polling places for caucuses, . . . . . .48 to provide blank nomination papers for primaries, .... 48 to furnish copies of checked voting lists (primaries), .... 55 may remove election officer on day of election, .... 75 to appoint election officers, ........ 74 may remove election officers, . . . . . . . . 75, 76 may prefer charges against election officer, . . . . .75 to fill vacancies in election offices, ....... 76 may make regulations as to use of seals, ballot boxes, counting ap- paratus, etc., receiving and returning votes, .... 9 to post, in places of registration, laws prescribing penalty for illegal registration, . . . . . . . . . .13 registration by, to be in open session, ...... 25 complaints, certificates, etc., received by, to be preserved for two years, 25 may enforce regularity of proceedings, maintain order, etc., . . 25 to prepare voting lists, . . . . . . . . . 25, 37 to prepare an annual register, . . . . . . .32 to transmit to listing board before May 1, a list of women voters of preceding year, ......... 33 to make new general register in certain years, ..... 34 sessions for registration of voters, ....... 36 to examine applicants for registration under oath, .... 36 to prepare copies of voting lists in pamphlet form, .... 37 to canvass returns in cases of direct nominations, .... 43 Election days, sale, etc., of intoxicating liquors on, ..... 8 Election expenses, receipts, payments, statements, etc., . . . 114-120 to be inspected, . . . : . . . . . .118 Election laws, etc., evidence in prosecution for violation of, ... 9 Election officer, term defined, ........ 6 Election officers, to be furnished with map or description of voting precincts, 73 of each voting place, relative to, ..... . 74-78 removal of, vacancy, etc., . . . . . . . . 75, 76 170 INDEX. PAGE Election officers, to equally represent the two leading political parties, etc., . 75-77 absent at opening of polls etc., place may be filled, .... 76 persons not eligible as, when candidates to be voted for, ... 76 to be sworn, . . . . . . . . . .77 deputy to act in absence of principals, . . . . . .76 in city of Boston may require voters to write their names, . . 37 duties of, when substitute ballots are furnished, .... 90 at opening of polls to see that ballot box is empty, .... 92 in charge of ballot box and voting list, respectively, to be of different political parties, ......... 93 not to make statements relative to the voting at elections until public declaration of vote, ........ 93 to report violation of provisions of law to police, .... 94 who are to assist disabled voters in marking ballots; to certify on . ballots, 95 not to mark ballots, etc., . . . . . . . .95 to distinctly announce and repeat names of voters and check names on lists before ballots are deposited in box, ..... 96 not to make statements relative to ballots cast by challenged voters, 97, 110 duties of, in the count and canvass of votes, .... 97-100 shall not announce vote until all ballots have been counted, . . 98 presiding officer to select officers to count votes removed before close of polls, . . . 98 endorsement of, on envelope containing ballots, .... 99 to certify on envelope to the identity of voting lists used at an election, 99 may affix seals to envelope containing ballots, ..... 99 to make an additional record of votes, etc., .... 100, 106 of a ward or precinct composing a part of a representative district, to make, seal, and deliver to clerk a copy of record of vote for repre- sentative, .......... 105 penalties on, .... ... 137-139 penalty for disobedience of lawful commands of, . . . .146 in cities, when new division into wards is made, .... 72 compensation of, .......... 77 Elections, prevention of corrupt practices in, ..... 114-120 inquests to be held in cases of alleged violation of laws relating to, 120, 121 in cities, to be held on Tuesdays, ....... 8 Elective office, term defined, ......... 6 Electors of president and vice president of the United States, addition to designation on certificate of nomination, nomination paper and ballot, 66, 85, 86 arrangement of names of candidates on ballot, etc., .... 85, 86 election of, 90, 121 marking of ballots in voting for, ....... 95 returns of votes for, to be transmitted to the secretary of the common- wealth, . . .101 returns of votes for, to be examined by governor and council and procla- mation to be made, etc., ........ 102 INDEX. 171 Electors of president and vice president of the United States, candidates for, receiving not less than one fifth of votes, may apply to supreme judicial court for declaration of election, . . . . .103 governor to issue certificates of election to, when, etc., . . 103, 104 final determination of contested elections of, . . . .104 if majority of, are not chosen by the people, remaining number to be chosen by legislature, . . . . . . . .110 vacancy in, how filled, . . . . . . . . .110 to meet and organize on the Saturday preceding the second Monday in January succeeding their election, . . . . . 113,114 secretary of the commonwealth to preside until presiding officer is chosen, ........... 114 to vote on the second Monday in January for president and vice presi- dent, and certify and transmit their votes to seat of government, . 114 compensation of, for travel and attendance, . . . . .114 Employees in manufacturing, mechanical or mercantile establishments, to be allowed time to vote, ........ 8 Envelopes and blanks for returns to be furnished by the secretary of the com- monwealth and clerks of the courts, ...... 80 Errors, in names or residences of persons assessed, to be corrected, . . 11 in registration, correction of, . . . . . . . .23 in names or residences of persons assessed, assessors to be notified, . 24 in caucus nomination papers, correction of, ..... 50, 51 in records of votes, correction of, . . . . 100, 104-106 Evidence in prosecutions for violation of caucus or election laws, . . 9, 10 Examiners, board of. (See Board of examiners.) Expenses, election, and corrupt practices in elections, . . . 114-120 F. Failure to elect, state officers, ........ 110-113 town officers, ......... 133-135 False affidavit, penalty for making, . . . . . . . .141 False answer, statement or name, penalties for giving, . . . 139, 140 False certificate, paper, endorsement, etc., penalties for making, . . . 142 False name, penalty for voting under, ...... 139, 140 False statement as to inability to mark ballot, penalty for making, . . 139, 140 Females. (See Women.) Fence viewers in towns, election, etc., ....... 127 Field drivers in towns, election, etc., ....... 127 Fraudulent impersonation of voters in city of Boston, to prevent, . . 37 Fraudulent voting, etc. (See Penalty.) G. General ballots, description of, number to be furnished, etc., . . . 83-87 General court. (See Legislature.) General register of voters, to be kept, . . . . . . .20 172 INDEX. PAGE General register of voters, form of; books for, to be furnished by the secretary of the commonwealth at cost, ....... 20 revision and correction of, ........ 23 in Boston, preparation of, ........ 34-30 Governor, to be elected annually on the Tuesday next after the first Monday in November, ........ 90, 121 returns of votes for, to be transmitted to the secretary of the com- monwealth, .......... 101 in the presence of at least five councillors, to certify to results of exam- ination of returns of votes, . . . . . . .102 after examination, to deliver returns of votes and certificate of exam- ination to secretary of the commonwealth, . . . .102 to issue certificates to presidential electors, . 103, 104 to convene the legislature in case of failure to elect a majority of presi- dential electors, . . . . . . . . .110 to issue precept for election of representative in congress, in case of vacancy or failure to elect, . . . . . . .111 to issue precepts for elections in case of vacancies or failure to elect cer- tain district and county officers, . . . . . .111 Governor and council, to appoint supervisors of registration upon petition, . 25 to appoint three ballot law commissioners and determine compensation, 70, 71 to appoint supervisors of elections upon petition of ten qualified voters, 78 to examine returns of votes, . . . . . . . .102 not to reject return of votes because of informality, etc., . . . 101 to examine returns, etc., for presidential electors, and to make procla- mation, .......... 102 may order new returns of votes if originals appear to be incomplete or erroneous, ......... 104, 105 to appoint sheriff, district attorney and register of probate and insol- vency to fill vacancy, . . . . . . . .111 Guard rail to be constructed at each polling place, etc., .... 48, 79 persons permitted inside of, ........ 93 H. Health. (See Boards of health.) Highways in towns, surveyors of, . . . . . . 127, 128, 132 Holiday, when final day of registration falls on, . . . . .19 filing of certificates of nomination in towns when final day falls on, . 68 Holidays to be included in computing time in election laws, ... 8 Hour for calling caucuses, ......... 45-48 Hour and day, last, for filing nominations, ..... 50, 67, 68 i. Illegal or incorrect registration, proceedings in case of, .... 24 penalty for, ........... 141 Illegal voting, duties of officers, ........ 94 INDEX. 173 PAGE Illegal voting, penalties for, ........ 139, 140 Impersonation of voters, to prevent fraudulent, in city of Boston, . . 37 Independent voter, not to be excluded from caucuses, .... 39 Inquests in election cases, . . . . . . . . 120, 121 Inspectors, to act as ballot clerks (see also Election officers), ... 76 Institutions, list of persons confined in certain, to be transmitted to election commissioners of Boston, ....... 14 Instruction to voters, cards of, to be prepared and furnished, ... 87 Intoxicating liquor. (See Liquors.) J. Justice of the peace, may administer oath to supervisors of elections, . . 78 may call a town meeting upon refusal of selectmen, etc., . . .125 may administer oath to town officer elect, 132 L. Legislature, members of, to be elected on the Tuesday next after the first Monday in November, ....... 90, 121 recount of ballots by, 108 proceedings of, when a majority of presidential electors are not elected by the people, ......... 110 elections in, provisions relative to corrupt practices and election ex- penses applicable to, ........ 120 Lieutenant governor, to be elected annually on the Tuesday next after the first Monday in November, ...... 90, 121 returns of votes for, to be transmitted to the secretary of the common- wealth, 101 Liquors, sale, etc., of, on election days, .... in polling places, forbidden, under penalty, .... 94, 146 question of granting licenses for sale of, to be placed on ballot, . 85, 132 in towns polls to be kept open at least one hour, .... 91 in towns divided into precincts, may be voted on by precincts, . . 133 returns of votes, how canvassed, ....... 133 votes upon, recount of, . . . . . . . . 108, 109 voting lists to be used, ......... 131 Listing and registration of voters in Boston, ...... 29-37 Listing board, in Boston, how constituted, ...... 29 to make lists of male persons, ....... to make lists of women voters, ....... 29, 30 to correct errors in lists, ........ 30 to transmit copies of lists to election commissioners, to prepare printed copies of lists, . . . . . . . 30, 31 to give certificates of residence in certain cases, . . . 31 to post in place when oaths are administered copy of section 420, . 31, 32 to cause to be printed names and residences of applicants, . . 32 List of assessed polls. (See Assessed polls, list of.) 174 INDEX. PAGE List of voters for use in cities in making new division into wards, . . 28, 29 Lists of candidates, to be posted and published, ..... 88 Lists of voters. (See Voting lists, and Annual register.) Lists, etc., places of posting, ......... 8 M. Magistrates to ascertain identity of persons making oath to nomination papers, 66 Manufactory, etc., employee in, to be allowed time to vote, ... 8 Map or description of new voting precincts to be published, etc., . . 73, 74 Marking of ballots, by voter, . . . . . . . . . 53, 95 penalty for fraudulent, ......... 145 Marking shelves and supplies for marking ballots to be furnished, etc., . 79 Mayor, duties of, when leading political parties are not equally represented on board of registrars of voters, etc., ...... 16 may appoint temporary registrars of voters, . . . . .16 to remove election officers in certain cases, ..... 76 may appoint city clerk pro tempore, ...... 77 Mayor and aldermen, to appoint registrars of voters, etc., . . . . 14, 15 to appoint election officers in each precinct, . . . . . 74 may remove election officers for cause, ...... 75 to appoint election officer to fill vacancy, . . . . . 75. 76 Mechanical, etc., establishments, persons employed in, to be allowed time to vote, 8 Meetings for elections, calling of, ....... 90, 124, 125 election officers at, to be provided with list of persons entitled to vote at, 27 ballot clerks at, to check name of voter on list and distinctly announce name before giving out ballot, ....... 94 election officers at, to check name of voter on list and distinctly an- nounce name before he votes, ....... 96 how votes shall be deposited in, . . . . . 96, 132 proceedings when right to vote is challenged in, . . . . 96, 97 penalty for disorderly conduct and illegal voting at, . . 144, 146 time of opening and closing polls at, . . . . . .91 for state officers, selectmen to preside at, if town is not divided into voting precincts, ...... 76 time of closing, after announcement, not to be changed to earlier hour, 91 in towns. (See Town meetings.) in towns divided into precincts voting for the election of state officers, 73 for election of town officers, . . . . . . . .133 for general business, . . . . . . . . .133 for political purposes, the holding of, regulated, .... 40-62 of clerks of cities and towns composing a representative district, . 105 Mercantile establishments, etc., employees in, to be allowed time to vote, Minor may be registered if he will be of age before the election next ensuing, 22 Moderator and clerk in towns, may cause ballots to be counted while voting is in progress, . . . . . . . 98 INDEX. 175 PAGE Moderators of town meetings, election, etc., .... 125, 126, 130 may be elected for the term of one year, ...... 125 when not elected for one year to be first chosen at town meeting ex- cept for state election, ........ 125 voting list to be used at election of, . . . . . .130 ballot to be used at election of, etc., . . . . . .130 penalty for printing unauthorized ballots for, ..... 144 ballots for, to be received and counted although not in conformity with requirements, . . . . . . . . .130 may appoint additional ballot clerks, ...... 77 to fill vacancies in office of ballot clerk, ...... 77 to be chosen before ballots are furnished to voters, .... 89, 90 to see that ballot box is empty before the opening of the polls, . . 92 to direct how balloting shall proceed when state ballot box cannot be used, ........... 92 to require persons smoking or having liquor to withdraw, etc., . . 94 to require disorderly persons to be detained, etc., .... 94 to report violations of law, ........ 94 to check name of voter on registrar's certificate and to attach certificate to voting list, ......... 27 to receive votes of registered voters, . . . . . .132 in certain towns, to receive ballots for deposit in ballot box, open and unfolded, .... 132 not to give information regarding ballot cast by challenged voter, . 1 10 duties of, in the count and canvass of votes, ..... 97-99 to direct how canvass of votes shall be made when state apparatus and blank forms cannot be used, ....... 97 may appoint additional tellers to aid in checking names or canvassing and counting votes, ........ 77 may administer oaths to election officers, ..... 77 to cause voting lists and ballots to be publicly enclosed in envelope, etc., 99, 131 to deliver voting list and ballots to town clerk, .... 99 recount of ballots by, 108-110 to notify interested candidates before recounting ballots, . . .108 to administer oath to town officers elect, . . . . .131 not to examine or read ballot or permit it to be done, . . .132 Money, receipt, payment, etc., of, for election expenses, etc., . . 114-120 Municipal party, term defined, ........ 6 taking part in caucuses of, not to affect right to take part in caucuses of a political party, . . . . . . . . .41 N. Name, false, or false answer, penalty for giving, .... 139, 140 Names of candidates, with residences, etc., to be placed upon certificates and nomination papers, ...... .66 may be withdrawn from nomination; time, etc., .... 69* 176 INDEX. PAGE Names of candidates, with residences, etc., to be placed upon ballots, . . 83-86 arrangement of, upon ballots, ..... 52, 53, 84-86 Names of persons liable to be assessed, lists of, to be made by assessors, etc., . 11 to be transmitted by assessors to registrars except in Boston, . . 12 corrections in, to be made by assessors, etc., . . . . .11 Names of voters, to be placed or retained on registers of voters, . . . 20-24 to be written in full, etc., on registers, etc., ..... 20 to be distinctly announced before placing them on general register, . 25 errors in, registrars to correct, etc., ...... 23 errors in, registrars to notify assessors, . . . . . . 24, 25 entered in annual register, to be posted, times and places, . . 25-27 additional, entered in annual register, to be posted or published, etc., 27 entered in annual register, to be placed on voting list, . . .25, 26 may be stricken from registers upon notice and examination, etc., . 24 entitled to vote for part of officers, to be placed together, etc., . . 26 number of, required on nomination paper, ..... 64, 65 requisite number of, on nomination paper, to be certified by registrars of voters, or election commissioners, ..... 65, 66 to be announced, repeated and checked on list before voters receive ballots, 94 to be announced, repeated and checked on list before voters deposit ballots, 96 Names of women voters may be placed in separate columns or lists, . . 26 list of, to be transmitted to assessors, . . . . . .21 list of, to be returned to registrars of voters, . . . . .12 Naturalization papers, to be produced for inspection before name is placed on register, etc., ......... 22 Nomination, certificates of. (See Certificates of nomination.) Nomination filed, etc., to be valid, unless objections are filed, etc., . . 68 Nomination of candidates, by caucus or primary, ..... 40-62 by convention, . . . . . . . . . . 62-70 may be by roll call, . . . . . . . . . 63, 64 by individual voters, . . . . . . . . 64, 65, 135 by other than political parties, . . . . . . . 61, 62 by direct nomination, . . . . . . . . 63, 148 to fill vacancy caused by withdrawal, ineligibility or death, . . 70 notice of, to be sent to candidates, ....... 42, 43 notice of intention to contest, ....... 46 Nomination or election of candidates, act relative to corrupt practices and election expenses applicable to, . . . . . .120 Nomination papers, blank form of, to be furnished by the secretary of the commonwealth, ......... 70 form, contents, etc., ......... 66 requisite number of signatures on, to be certified by registrars of voters, 65, 66 nomination of candidates by, . . . . . . . 64-70 number of signatures required on, to nominate a candidate, . . 64, 65 political or other designation of candidates on, .... 66 INDEX. 177 PAGE Nomination papers, one of signers to swear to truth of statements in, etc., . 66 time of filing with secretary of the commonwealth, or city or town clerks, 67, 68 to be filed by some responsible person, etc., . . . .67 written acceptance of candidates, to be filed with, .... 49, 67 objections to, may be made in writing; time of filing, . . 68 objections to, shall be considered and questions decided by certain officials, .......... 68 to be preserved for one year, open to public inspection, ... 70 act relative to corrupt practices and election expenses applicable to, 120 (caucus) blanks to be provided by city or town, .... 48 form, contents, number of signatures, etc., ..... 49-52 notices relative to filing of, to be published, . . . . . 47, 48 to be sealed and filed in office of secretary of city or town committee ten days before caucus, ........ 50 time of filing to be endorsed upon, ....... 50 not to be opened until time for filing has expired, .... 50 to be publicly opened, ......... 50 correction of errors, irregularities, etc., in, ..... 50, 51 if none are filed, ward committee to be notified, .... 50 may be made by ward committee in such case, .... 50, 51 two sets of papers may be filed in such case, if ward committee dis- agrees, ........... 50 in case of withdrawal new paper may be filed, ..... 51 to be delivered to city or town clerk, or election commissioners, . 51 Nominations for caucuses, at which official ballots are used, must be made by nomination papers, ........ 49 may be made by ward committee, if not made otherwise, . . . 50, 51 Notices, relating to elections, place of posting, ...... 8 of caucuses, 40, 41, 45-48, 61 of intention to contest elections or nominations by caucuses, . . 46 o. Oath, to be taken by registrars and assistant registrars, . . . . 16, 17 applicants for registration to be examined under, .... 21, 36 applicants for listing in Boston to present statement under, . . 31 no voter to be prevented from voting in caucus if he takes, . . 41 to be taken by challenged voter in caucuses, . . . . . 41, 42 to be taken by caucus officers, ....... 56 to be taken by voter denying accuracy of enrolment, ... 60 to be taken by one of the signers to nomination papers, ... 66 may be administered by state ballot law commission, ... 71 to be taken by election officers, ....... 77 to be taken by city or town clerk pro tempore, ... 78, 134 supervisors of elections to take, .... . 78 to be taken by challenged voter, . . . . . . 96, 97 178 INDEX. PAGE Oath, to be made to statement of election expenses and complaints, . . 118 to be taken by persons elected to the office of town clerk, . . . 131 to be taken by town officers, ....... 131, 132 assessors appointed to take, . . . . . . . .134 penalty for making false, . . . . . . . . 141 Objection to nominations, to be made in writing; time of filing, ... 68 to be considered and questions decided by certain officials, . 51, 52, 68 to be preserved for one year open to public inspection, ... 70 Office, city or town. (See City or town office.) state. (See State office.) Officer, city or town. (See City or town officer.) state. (See State officer.) Officers, civil. (See Civil officers.) election. (See Election officers.) police. (See Police officers.) presiding. (See Presiding officers.) Official ballot, term defined, ......... 6 Organization, of state, city and town committees, ..... 38 of presidential electors, . . . . . . . . 113, 114 Overseers of the poor in towns, number, election, term of office, sex, etc., 127-132 women to be eligible as, . . . . . . . .128 selectmen may act as, if none are chosen, . . . . .131 P. Partial ballots for use of certain voters, ....... 87 Party, political. (See Political parties.) Pasters, to be placed upon official ballots, . . . . . . 91, 92 Penalty, on assessor or assistant assessor, . . . . . . .136 on registrar or assistant registrar, . . . . . . .136 on member of listing board or police officer in Boston, . . 136, 137 on officer of primary, caucus, or convention, . . . . .137 on caucus officer for violating provisions of section 111, . . . 137 on supervisors of elections, . . . . . . . .137 on election officer, 137, 138 on presiding officer, ........ 137, 138 on officer recounting ballots, . . . . . . . .138 on city or town clerk or election commissioners, . . . .138 on city, town, or precinct clerk or election commissioners, . . 138 on selectmen, .......... 139 on any public officer, primary, caucus, or election officer, or officer or member of a political committee or convention, etc., . . .139 for illegal voting or attempting to vote, placing distinguishing mark on ballot, 139, 140 for violating provisions of section 101, . . . . .139 for making false statement, unlawfully allowing ballot to be seen, . 139 for giving false answer, . . . . . . . . .140 for refusing to give true name, information, etc., . . . 140, 141 INDEX. 179 PAGE Penalty, for giving name of non-resident, . 141 for false affidavit, oath or certificate, . . . . . . 141 for registering when not qualified, false representation, answer, etc., . 141 for disorderly conduct, etc., at registration, .... 141, 142 for interfering with supervisor of registration, . . . . .142 for defacing or removing notice, voting lists, warrants, etc., . . 142 for aiding person in illegal voting, interference with voter, etc., . . 142 for altering ballot cast at a primary or caucus, illegally depositing or removing ballot, etc., ........ 142 for falsely making, filing, suppressing, defacing, etc., certificate, nom- ination paper or letter, . . . . . . . .142 on magistrate taking oath of signer to nomination paper, . . .142 for writing, printing, posting, distributing, etc., anonymous circulars, etc., 143 for obstructing or interfering with transmission of ballots or returns, . 143 for posting, distributing, etc., certain posters, cards, etc., . . . 143 for injuring or destroying ballot box, blanks or apparatus, . . 143 for refusal or neglect to comply with regulations relative to receiving, counting and returning votes, etc., . . . . . .143 for interfering with election commissioner, city or town clerk or elec- tion officer, .......... 143 for preventing, hindering, molesting, etc., supervisor of elections, . 144 for printing or distributing ballot in violation of section 370, . . 144 for defacing, destroying, etc., lists, cards, ballots, supplies, etc., . . 144 for forging, etc., endorsement, destroying, etc., or delaying delivery of ballots, 144 for obstructing or delaying voter, . . . . . . .144 for interfering with or inducing voter to show ballot, . . .144 for aiding or abetting in illegal voting, ..... 144, 145 for marking ballot contrary to law, ...... 145 for altering, depositing or removing ballot with intent to defraud, . 145 for removing ballot from enclosed space, . . . . . .145 for employing, etc., certain persons on day of state election, . . 145 for attempting to influence voters by threats, etc., .... 145 for bribery at elections, . . . . . . . . .145 for disorderly conduct at primaries, caucuses, or elections, . . 146 for disobeying orders of election, primary, or caucus officers, . . 146 for not removing pipe, cigar, liquor, etc., ..... 146 for giving information regarding challenged votes, . . . .146 for violating provisions relative to corrupt practices, . . .146 supreme and superior court may enforce, provisions, . . .146 for violating provisions relative to political advertisements and con- tributions, .......... 150 Plurality of votes, person receiving highest number of votes to be declared elected or nominated, ...... 7, 38, 42, 63 Police officers, to be detailed to attend sessions for registration, to preserve order, etc., .......... 25 to be stationed at polling places to preserve order, etc., . . . 93, 94 180 INDEX. PAGE Police officers, to retain key of ballot box during an election, ... 92 to return ballot box, ballots and voting list to city or town clerk, . 92, 99 to take persons violating provisions of law into custody, etc., . . 94 Political advertisements, unsigned, prohibited, .,-.,., . . . 149, 150 Political committee, term defined, ........ 6 election, organization, etc., ........ 37-39 members of, to receive certificate of election, . . . . . 42, 43 receipt, payment, etc., of money by, for election expenses, etc., . 114-120 to have a treasurer, accounts, statements, etc., . . . 116-119 (See also City committee, and Town committee.) Political contributions, certain corporations not to make, . . . 149, 150 Political convention, term defined, ........ 6 Political designation of candidates, ....... 66, 69, 84 Political meetings, the holding of, regulated, ...... 40-63 Political party, term defined, ......... 6 Political parties, to elect committees, . . . . . . . 37, 38 representation of, on boards of registrars of voters, etc., ... 16 use of name of, in designation of candidates, ..... 66 committees of, to be notified of objections to nomination, ... 69 representation of, among election officers, ..... 75-78 to annually elect a state committee, ...... 37 members of state committees in certain senatorial districts to be elected by direct plurality vote, . . . . . . . 38, 1 48 to annually elect a ward or town committee, ..... 38 no person can act in caucuses of two parties, . . . . .41 acceptance by, of provisions of law for the use of official ballots at caucuses, .......... 46, 47 may revoke such action, . . . . . . . .47 proceedings for such purpose, . . . . . .47 no two, to hold caucuses on same day, . . . . . . 41, 47 Polling place, term defined, ......... 7 Polling places, in each precinct, to be provided, fitted up, furnished, etc., 45, 48, 78, 79 distribution of circulars and printed matter in the vicinity of, . . 91, 92 Polls, assessed. (See Assessed polls, list of.) Polls, time of opening and closing, . . . . . . . . 91 in towns, to be kept open at least one hour, for reception of votes on the license question, . . . . . . . . .91 Posters or circulars, anonymous, protection of candidates against, . .143 distribution of, in vicinity of polling places, . . . . . 91, 92 Precept for an election, to be issued by the governor in certain cases, . . Ill for an election of representative in general court, to be issued by speaker, by order of the house, etc., . . . . . . .111 Precinct caucuses, polling places to be furnished, etc., . . . 40, 41, 48 appointment of officers to serve at, . . . . . . .56 returns of, ........... 64 returns to be tabulated by city or town clerk, ..... 64 city or town clerk to issue certificates and notify committees of election of delegates and members of ward and town committees, . . 64 INDEX. 181 PAGE Precincts, voting lists to be prepared by, ....... 26 list of voters to be posted in, ..... 26 clerks of. (See Election officers.) election officers in. (See also Election officers.) . . . . 74, 75 in cities, division into, ......... 72 when ward is divided into, map or description to be published, etc., . 72, 73 proceedings in, when new division of wards is made, . . .72, 73 secretary of the commonwealth to be notified of changes in, etc., . 74 street lists of assessed polls of, to be made and distributed, . . 12 polling places in, to be designated by board of aldermen, etc., . . 78 in towns, division, secretary of the commonwealth to be notified, . 73, 74 duties of selectmen in relation to division, ..... 73 may be changed or discontinued, . . . . . . . 73, 74 map or description of, to be posted, . . . . . . 73, 74 election of town officers by, authorized, . . . . . .133 vote on license question by, authorized, . . . . . .133 not to be authorized for special elections, ..... 133 in towns of over five thousand inhabitants, street lists of assessed polls to be made and distributed, . . . . . . .12 clerks of, to be provided with suitable seals, . . . . . 80, 81 to deliver seals and records to city or town clerks or election commis- sioners, upon ceasing to hold office, . . . . . .81 to record condition of ballot box register, . . . . . 92, 97 to record facts when state ballot box, apparatus, and blank forms can- not be used, 92, 97 to record in words at length names of persons voted for, number of votes for each, and title of office, etc., ...... 98 to deliver copy of record to city or town clerk or election commissioners forthwith, . 98, 105 President and vice president of the United States, electors of. (See Electors.) Presiding election officers, powers and duties of, . . . 91-94, 97-99 to direct how balloting shall proceed when state ballot box cannot be used, 92 to direct how canvass of votes shall be made when state apparatus and blank forms cannot be used, . . " . . . . . 97 may require voter to declare, under oath, inability to mark ballot, . 95 duty of, when right of person to vote is challenged, . . 96, 97 penalties on, ........ 137-139 Presiding officer, term defined, ....... 7 election of, at town meeting, . . . . . . . 125, 126 to detail two inspectors to act as ballot clerks, to be sworn, ........ 77 may appoint additional tellers, ...... 77 compensation, .......... 77 may order disorderly persons to withdraw, etc., penalties on, ...... 137-139 (of caucus) to cause specimen ballots to be posted in polling place, . 53 (with secretary of caucus) to notify delegates, officers elect, etc., . 42, 43 182 INDEX. PAGE Presiding officer, duties of, . . . . . . . . 53, 54 of convention or caucus, blank certificates of nomination to be fur- nished for the use of, ........ 70 to make oath to and sign certificates of nomination, etc., ... 64 Primaries or joint caucuses, ......... 56-61 conduct of, ........... 57 acceptance of provision of law relative to, ..... 57 acceptance may be rescinded, ....... 57 notice of intention to participate in, to be furnished, . . . 57 notices of, time of filing, etc., ....... 57, 58 days of holding, . . . . . . . . . .58 in Boston to be held by precincts, etc., . . . . . - . 58 nominations, .... . ..... 58 ballots, ballot boxes, etc., ........ 58 officers to serve at, ......... 58, 59 polls to be open not less than nine hours in cities or four hours in towns, 59 enrolment of voters at, . . . . . . . . . 59, 60 voters may change enrolment, ....... 59, 60 voter denying enrolment to take oath, . . . . . .60 counting of votes, . . . . . . . . .60 election commissioners and city or town clerks to canvass returns of votes, determine results, issue certificates, etc., .... 60 vacancies, how filled, . . . . . . . . .61 recounts, filing of petitions for, in Boston, . . . . .61 provisions of law relative to corrupt practices to apply to nominations by, 1 20 evidence in prosecutions for violation of laws relating to, . . . 9 Primary, term defined, .......... 7 Prison commissioners, etc., to transmit to election commissioners of Boston list of certain persons confined in institutions, . . . .14 Proclamation, to be published after examination of returns of votes for presi- dential electors, ......... 102 to be made convening the legislature, upon failure to elect majority of presidential electors, . . . . . . . .110 Prosecution for violation of laws relating to registration of voters, etc., or to primaries, caucuses or elections, evidence in, . . .9, 10 Publications, anonymous, prohibited, ...... 149, 150 Public officer, penalty on, for wilful neglect, etc., ..... 139 Q. Qualifications of voters, . . . . . . . . . .10 examination of, in certain cases, ....... 22 evidence in prosecutions for violating laws relating to, ... 9 inquests to be held in cases of alleged violation of laws relating to, . 120 to be ascertained before registration, etc., . . . . . 21 ability to read constitution, how ascertained, . . . . . 22 Questions, to be submitted to be printed on ballot, ..... 85 INDEX. 183 K. PAGE Record of ballots cast on question of granting liquor licenses, correction of errors in, 108-1 10 Record of number of ballots, etc., furnished, and receipt for same to be pre- served, etc., .......... 87, 89 Records of votes, . 97, 98, 100-107 copies of. (See Returns of votes.) Recount of ballots. (See Ballots, recount of.) Reducing wages of voter on account of vote, penalty for, .... 145 Register of deeds, election, term of office, residence, .... 90, 122, 124 returns of votes for, to be made to county commissioners; in Chelsea, Revere and Winthrop, to election commissioners of Boston, within ten days, etc., ......... 101 election commissioners of Boston to examine votes for, in Suffolk county, notify persons elected and secretary of the common- wealth, .104 county commissioners to examine votes for, notify persons elected and secretary of the commonwealth, . . . . . .104 in case of failure to elect or vacancy, county commissioners to issue precept for new election, ..... .112 in Suffolk county precept for new election to be issued by the board of aldermen of Boston, .... .112 vacancy in office of, to be filled by appointment until an election, . 112 in case of vacancy in office of, secretary of the commonwealth to be notified, ...... . 113 Register of probate and insolvency, election, term of office, etc., . . 90, 122, 124 returns of votes for, to be made to secretary of the commonwealth, . 101 in case of failure to elect or vacancy, governor to issue precepts for new election, ..... .... Ill vacancy in office of, to be filled by appointment, etc., . Ill Registers of voters, annual, to be kept, ....... 20, 21 preparation of, ...... ... 20-25 names entered in, lists of, to be prepared and posted, etc., . 25, 26 additional names entered in, to be posted or published, etc., . 27 Registers of voters, general, to be kept in cities and towns, . . 20 to contain name, age, birthplace, residence, occupation, etc., of each voter, 20 form of; books for, to be furnished by the secretary of the common- wealth at cost, ... . 20 Registrars, term defined, ....... -7 Registrars of deaths, to send lists of certain deceased persons to the registrars of voters, ... ... Registrars of voters, appointment of, term of office, etc., not to hold certain other office, 17, li clerk of, 15 184 INDEX. Registrars of voters, selectmen and town clerk to constitute a board of, in towns of less than three hundred voters, . . . . . 15, 16 to post, in place of registration, laws prescribing penalty for illegal registration, . . . . . . . . . .13 political representation on boards of, . . . . . .16 duties of mayor or selectmen when leading political parties are not equally represented, . . . . . . . .16 vacancies in office of, . . . . . . . .16 powers, duties, compensation, etc., . . . . . . 16, 17 to consider objections to nominations for town offices, ... 68 sessions of, ........... 18-20 to be provided with rooms, . . . . . . . .18 to give notice of time and place of holding sessions, etc., . . . 19, 20 to keep records of legal voters, ....... 20 not to register voters after ten o'clock P.M. of the last day of registra- tion, 19 to transmit to assessors, list of women voters of previous year, . . 21 to register women whose names are on list received from assessors, . 21 to receive tax bill, or notice from collector, as prima facie evidence of residence, . . . . . . . . . .21 to prepare annual register of voters, ...... 20 to ascertain ability of voter to read constitution, how, . . . 21, 22 to examine applicants for registration under oath, etc., . . . 21 to revise and correct general register, strike therefrom names of persons deceased, etc., ......... 23 to require production of naturalization papers in examination of natu- ralized citizen, . . . . . . . 22 may register qualified minor if he will be twenty-one years of age before election, etc., .......... 22 to notify applicant in case of declination or rejection, . . . 22, 23 duties of, upon complaint of illegal or incorrect registration, . . 23, 24 to notify assessors of errors, . . . . . . . . 24, 25 to preserve complaints, certificates, etc., for two years, ... 25 authority of, to maintain order, etc., ...... 25 to act in open session and keep record open to public inspection, . 25 to distinctly announce name of applicant before adding name to gen- eral register, .......... 25 to place names of voters entitled to use partial ballots at end of the list of voters, etc., ......... 26 to publish or post names entered in annual register, etc., . . . 26, 27 to prepare and post voting lists, etc., ...... 25-27 to prepare street lists in wards within Suffolk senatorial districts, . 26 to return to the secretary of the commonwealth the number of voters who are entitled to use partial ballots, etc., .... 28 to give certificate to person whose name has been omitted from list of voters, etc., .......... 27 to seasonably transmit voting lists to election officers, ... 27 INDEX. 185 Registrars of voters, to certify to the secretary of the commonwealth the number of assessed polls and registered voters, .... 28 to furnish on request certified copy of voting list for use at caucus, . 28 to canvass returns of certain caucuses where direct nominations are made, ........... 43 to certify to number of signatures on nomination papers, ... 65 to consider objections to nominations of candidates for city and town offices 68 to cause lists of candidates and copies of proposed constitutional amend- ment to be posted in each town or voting precinct, ... 88 penalties on, . 136, 138, 139 to recount votes cast at elections, ...... 108-110 may employ assistance in recounting votes, . . . . .110 not to-make or allow recounts on questions not designated in petitions, 109 in towns divided into precincts, to canvass returns of votes for town officers, with town clerk, . . . . . . . .133 in cities, to make list of voters for use in new division of wards, . 28, 29 in certain cities, to return number of male and female voters to city clerks, 28 assistant, appointment, powers, duties, compensation, etc., . . 17, 18 qualifications, removal, vacancy, etc., . . . . . . 17, 18 in Boston, appointment of, ........ 33, 34 Registration of voters, ..... .... 18-25 in villages, . . . . . . . . 18, 19 evidence in prosecutions for violation of laws of, 9 notice to be given of times and places for, etc., ... 19 when to cease, .... age, birthplace, residence, etc., of voter to be entered on general register, 20 any registrar may receive applications for, and make examinations, etc., 19 applicant for, to apply in person, . to present tax bill, or notice from collector of taxes, . . . 21 in Boston, to present certificate from listing board, whose names have not been entered in annual register, . .21 minor may be registered if he will be twenty-one years of age before election, etc., ...... naturalized citizen to produce naturalization papers at, etc., errors in names, etc., may be corrected or names may be stricken from registers upon notice and examination, proceedings in case of illegal or incorrect, . 23, 24 when final day falls on Sunday or holiday, supervisors of, to be appointed by governor and council upon petition, powers and duties, . to be in public and record to be open for inspection, . 25 at close of, number of assessed polls and registered voters to be certi- fied to the secretary of the commonwealth, inquests to be held in cases of alleged violation of laws relating to, 120, 121 penalty for disorderly conduct at, . . . . .141, 142 186 INDEX. PAGE Registration of voters, penalties for violation of provisions relating to, . .136 for special elections, . . . . . . . . .19 Registration and listing in Boston, ........ 29-37 Representative districts, consisting of more than one town or city, place to be designated where clerks shall meet to ascertain the result of elec- tion; notice to be given, ....... 105, 106 place of meeting may be changed once in two years; notice to be given, . . 105, 106 city and town clerks to record and return names of persons voted for and number of votes for each person, ..... 105 duplicate certificates of election to be made, etc., .... 106 commissioners to apportion Suffolk county into, election, powers, duties, etc., . .... . 123, 124 Representatives in congress, to be elected biennially on the Tuesday next after the first Monday in November, ..... 90, 122 returns of votes for, to be transmitted to the secretary of the common- wealth, ........... 101 proceedings in case of failure to elect or vacancy, . . . .111 Representatives in the general court, to be elected on the Tuesday next after the first Monday in November, . . . . . 90, 121 blanks for the nomination of candidates for, to be furnished to city and town clerks, ......... 70 certificate of election, form, etc., ....... 106 return of votes for, to be transmitted to the secretary of the common- wealth, ........... 106 when there is no choice, certificate to be transmitted to the secretary of the commonwealth, . . . . . . . .111 when vacancy occurs, speaker to appoint time for election, when ordered by the house, . . . . . . . . .111 Residence, etc., of candidate in caucus, to be on ballot, . . . . 52, 53 voter removing to another, may, until the expiration of six months, vote at state election in place removed from, . . . .10 voter to register and vote at place of, on May 1, etc., . . . 11 of persons assessed, to be ascertained by assessors and returned to reg- istrars, . . . . . . . . . . . 11, 12 how determined in certain cases, . . . . . . . 12, 13 errors in, to be corrected by assessors, . . . . . .11 of voter, to be entered opposite name on registers and voting lists, . 20,21,25,26 to be added to name on nomination paper, ..... 65 of candidate, to be on certificate of nomination and nomination paper, 66 of candidate, to be upon ballot, . . . . . . . 83, 84 Result of an election, when to be declared in a city, . . . . .110 Returns of elections, whole number of ballots to be stated in words at length in, etc., 106, 107 made by precinct officers, examination of, . . . . . 100 in towns voting by precincts, how canvassed, ..... 133 INDEX. 187 Returns of votes, blank forms and envelopes for, to be furnished by the secre- tary of the commonwealth, ....... 80 not to be rejected when the true result of election can be ascer- tained, . 100, 107 for county officers, to be made and transmitted, .... 101 for representative in congress, . . . . . . .101 for representative in general court, ....... 106 amended, to be made, ...... 101, 104, 105, 109 for register of deeds in Suffolk county, to be made to election commis- sioners of Boston, . . . . . . . . .101 to be examined by election commissioners of Boston, . . . 104 for county treasurer and register of deeds, county commissioners to examine; to notify persons elected and secretary of the common- wealth, etc., .......... 104 for county commissioners, board of examiners to examine; to notify persons elected and secretary of the commonwealth, . . . 104 for county commissioners, in Revere and Winthrop, to be made to clerk of courts of Middlesex county, . . . ' . . .101 not invalidated by violation of provisions relative to ballot boxes, apparatus, canvassing votes, etc., ...... 107 for state officers, to be made to the secretary of the commonwealth, . 101 when received unsealed, to be endorsed and new return called for, . 101 memorandum of date of reception of, to be made upon envelope, . 101 to be transmitted, with seals unbroken, to governor and council, . 102 to be examined by the governor and five at least of the council, . 102 certificate of examination to be made and signed by the governor, . 102 to be replaced in envelopes, and with certificate, to be delivered to secretary of the commonwealth, ...... 102 to be laid before senate and house, together with schedules showing number of ballots cast, etc., . . . . . . .102 abstract of, may be furnished newspapers, etc., .... 102 to be placed on file, open to public inspection, ..... 102 Road commissioners of towns, number, election, term of office, etc., . 127, 130 Roll call, nomination of candidates by, ....... 63, 64 s. Sailors and soldiers who have served in time of war, etc., not disqualified by receiving aid, ....... 10 School committee in towns, election of, ...... 127, 130 School committees, women may vote for members of, 10, 11 women may sign nomination papers for candidates for, . . 65 ballots for the use of women voting at the election of, . . 85, 86, 133 women eligible as members of, . . . . . - .128 convention to nominate candidates for, in Boston, . . .63 Seals to be provided for use of election officers, .... .80 Secretary of caucus, election, duties, etc., . . . . .45, 46, 54-56, 64 188 INDEX. Secretary of city committee, to file with secretary of commonwealth, city clerk and secretary of state committee list of members and officers, 38, 39 to notify secretary of the commonwealth of acceptance or revocation of provisions applying to caucuses at which official ballots are used, 47 duties of, when caucus nomination papers are filed, .... 50 to notify ward committee if caucus nomination papers are not filed, . 50 with chairman, to file nomination papers in certain cases, . . . 51 to deliver nomination papers to city clerk, or election commissioners, . 51 duties of, in case of withdrawal, . . . . . . .51 Secretary of convention or caucus, blank certificates of nomination to be fur- nished for the use of, ........ 70 to make oath to, sign and file certificate of nomination, etc., . . 64 Secretary of state committee, to file with secretary of the commonwealth and city and town committees list of members and officers, . . 38 (with chairman) to send city and town committees notice of call of caucuses, .......... 40 Secretary of the commonwealth, to be elected annually on the Tuesday next after the first Monday in November, .... 90, 121 returns of votes for, to be transmitted to secretary of the common- wealth, 101 to furnish books for general register of voters at cost, ... 20 to furnish constitution printed on slips and box to registrars, . . 22 to receive nominations of candidates for state offices; time, etc., . 67, 68 to require identification of persons filing nomination papers, . . 67 in certain cases of direct nomination, to canvass returns, etc., . . 43, 44 not required to receive more names than is necessary to nominate, with one fifth of such number added thereto, ..... 66 to receive objections to nominations and withdrawals; time, etc., . 68, 69 to notify candidate and party committee of objections to nomination, 69 to preserve nomination and ballot papers, records, etc., for one year, . .70 with treasurer and auditor, to approve blank forms for use at elections, 80 to make regulations for use of voting machines, ballot boxes and count- ing apparatus, ......... 83 to provide cities and towns with state ballot boxes, apparatus and blank forms for use at elections, ...... 79, 80 to furnish envelopes, blank forms, etc., for returns, etc., ... 80 to furnish instructions, etc., for election officers, .... 80 to prepare and furnish ballots for use at state elections, ... 83 to supervise, etc., the care, custody, repair and improvement of state ballot boxes, .......... 80 to prepare and furnish cards of instruction to voters, ... 87 to prepare and furnish specimen ballots, ...... 87 to send list of candidates and copies of proposed constitutional amend- ments to registrars of voters and election commissioners, . . 87, 88 to publish lists of candidates and proposed amendments to constitu- tion in newspapers, ........ 88 INDEX. 189 PAGE Secretary of the commonwealth, to send ballots, etc., to city and town clerks and election commissioners, ...... 89 to cause memorandum of date of reception of return of votes to be made on envelope, . . . . . . . . .101 to transmit returns with seals unbroken to governor and council, . 102 to lay returns of votes for governor, etc., before senate and house, together with certificate of examination and schedules of votes, . 102 to countersign and transmit certificates of election to certain district and county officers, ........ 102 to furnish newspapers with abstracts of returns of votes upon applica- tion, 102 to publish returns of votes for state officers, ..... 107 to place returns of votes on file, open to public inspection, . . 102 to report to legislature the number of assessed polls, registered voters and number of persons who voted, etc., .... . 107 with attorney-general to approve blank forms for statement of election expenses, . . . . . . . . . .119 to provide cities and towns with blank forms for statements of election expenses, etc., ...... 119 to furnish ballots to certain towns for use in voting upon question of granting liquor licenses, . . . . . . . .132 to inspect statements filed with him under provisions relative to cor- rupt practices, . . . . . . . . 118 to preside at meetings of presidential electors, . . . . .114 Secretary of the electoral college, duties of, . . . . . .114 Secretary of town committee, to file with secretary of commonwealth, town clerk and state committee list of members and officers, . . 38, 39 to notify secretary of the commonwealth of acceptance or revocation of provisions applying to caucuses at which official ballots are used, 47 duties of, when caucus nomination papers are filed, .... 50 duties of, when no papers are filed or certain vacancies occur, . . 51 duties of, in case of withdrawal, . . ' . . . . . 51 to deliver nomination papers to town clerk, . . . . .51 Selectmen of towns, number, election, term of office, etc., . . 127, 129, 130 to appoint registrars of voters, etc., . . . . . . 15, 16 to appoint registrar of voters to fill vacancy, . . . . .16 duties of, when leading political parties are not equally represented on board of registrars of voters, . . . . . . .16 to determine compensation of registrars of voters; to furnish them with office room, aid, etc., . . . . . . .17 duties of, in relation to establishing or changing voting precincts, . 73, 74 to appoint election officers, ........ 74-77 may remove election officers for cause, etc., ..... 75 to preside at meetings for the election of state officers, with powers of moderators, etc., ......... 76 powers and duties at state elections, ...... 77 appointment of tellers by, . . 77 190 INDEX. PAGE Selectmen of towns, may appoint clerk pro tempore to fill vacancy, . 77, 78. 134 to determine compensation of supervisors of elections, ... 78 to post printed description of polling places, ..... 79 to designate polling places in precincts thirty days before election; to cause them to be fitted up, furnished, etc., . . . . 78, 79 may make regulations for the use of ballot boxes, seals, counting appa- ratus, etc., receiving and returning votes, ..... 9 to call town meetings, ........ 90, 124 duties of, hi the count and canvass of votes, . . . . . 97, 98 to certify copies of records of votes, ..... 100, 101 duties of, in relation to election of representative in general court, 105, 106 to call meetings for election of state officers, etc., . . . 124, 125 to issue warrant for town meeting directed to constables, etc., . 124, 125 may call two or more distinct meetings by the same warrant, . .125 to insert in warrant calling a town meeting all subjects on written re- quest of ten or more voters, . . . . . . .125 may order a town meeting at any time, . . . . . .124 powers and duties at election of moderator of town meeting, . . 126 if a majority vacate office, those in office may call a town meeting, . 125 in certain towns may act as assessors and overseers of the poor, if town so votes, .......... 131 duties of, in the filling of vacancies in town offices, . . . 134, 135 penalties on, .......... 139 to act as board of health, if none is chosen, . . . . .128 to provide places for holding caucuses, . . . . . . 45, 48 (See also Registrars of voters, Election officers, and Presiding election officers.) Selectmen of towns and town clerk, to be registrars of voters in towns of less than three hundred voters, . . . . . . . 15, 16 to count and canvass votes, etc., at state elections in towns not divided into voting precincts, . . . . . . . .98 to examine returns of election officers, etc., in precinct towns, . . 100 Senators, nomination of, in certain districts, . . . . . 63, 148 to be elected annually on the Tuesday next after the first Monday in November, 90, 121 returns of votes for, to be transmitted to the secretary of the common- wealth, 101 Sewer commissioners of towns, number, election, term of office, etc., . 127, 130 Sheriffs, election, term of office, 90,123,124 returns of votes for, to be transmitted to the secretary of the common- wealth, 101 in case of failure to choose, or vacancy in office of, governor to order new election, . . . . . . . . . .111 in case of vacancy in office of, appointment, etc., . . . .111 Signatures, number required on nomination paper, . . . . . 64, 65 to be made in person, ......... 65 on caucus nomination papers, ....... 49 INDEX. 191 Signatures, requisite number of, on nomination paper, to be certified by registrars of voters or election commissioners, .... 65, 66 of presiding officer and secretary required on certificate of nomination, 64 Smoking at elections forbidden, ....... 94, 146 Soldiers, who have served in time of war, etc., not disqualified by receiving aid, 1 Soldiers' Home, inmates of ; may be assessed and vote in Chelsea, . . 11 Speaker of the house of representatives, to issue precepts for an "election to fill a vacancy, . . . . . . . . . .111 Special ballot, for use of women in voting for school committee, . . 85, 86, 133 number to be furnished, ........ 86 Special elections, caucuses for, relative to, . . , . . .41 registration of voters for, . . . . . . . .19 proceedings at, . . . . . . . .113, 135 Specimen ballots, to be prepared and furnished, . . . . .87 to be posted in polling place, . . . . . . . .91 (caucus) at which official ballots are used, . . . . . 52, 53 State ballot law commission, appointment, powers, duties, etc., . . . 70, 71 may summon witnesses, ........ 71 State committees, election, organization, etc., . . . .37, 38, 43, 148 nomination and election of, in certain senatorial districts, . . 38, 43, 148 secretary of, to file with secretary of the commonwealth and city and town committees, list of members and officers, .... 38 vacancies in offices of, how filled, ....... 38 to call certain caucuses, ......... 40 to give at least twenty-one days' notice, ...... 40 to forward copy of call to city and town committees, ... 40 to file copy of call with secretary of the commonwealth, . . . 41 may make rules and regulations for its proceedings, etc., . . 39 may make rules relative to caucuses, etc., . . . .39 State election, term defined, .... . 7 to be held on the Tuesday next after the first Monday in November, . 90 officers to be elected at, . . . . . . 90, 121 ballots for, to be prepared and furnished by secretary of the common- wealth, ........ 83 provisions relative to corrupt practices and election expenses applica- ble to, - 120 State office, nomination of candidates for, .... . 62-70 State officer, term defined, ... 7 State officers, to be elected annually on the Tuesday next after the first Mon- day in November, .... 90, 121 returns of votes for, to be transmitted to the secretary of the common- wealth, .101 proceedings for determination of election of, etc., . . 102-107 State offices, proceedings in case of failure to elect or vacancy in, 110-113 Statement of election expenses, to be made and filed, 116-1 to be preserved for fifteen months, open to public inspection, inspection of, correction of errors, complaints, etc., . . 118, 119 192 INDEX. Statement of election expenses, blank forms for statements to be furnished by the secretary of the commonwealth, .... 119 Statement relative to elections, not to be made prior to public declaration of vote, 93 relative to ballots cast by challenged voters, prohibited, . . 97, 110 Stickers, to be used upon official ballots, . . . . . . . 91, 92 Street lists of assessed polls, to be made and published, ... 12 form, contents, etc., ....... 12 assessors to send copies to registrars of voters, . . . . .12 to be made in wards within Suffolk senatorial districts, ... 26 Substitute ballots, to be prepared, furnished, etc., ..... 90 Suffolk senatorial districts, nomination of candidates for senator and members of state committee in, ........ 63 Sunday, when final day for registration falls on, . . . . .19 Sundays to be included in computing time in election laws, ... 8 Superior court and supreme judicial court, powers in proceedings relative to corrupt practices and election expenses, etc., . 119 Superior court in Suffolk county, to appoint a register of deeds to hold office until an election, in case of a vacancy, . . . . .112 Supervisors of elections, to be appointed by governor and council, powers, duties, compensation, etc., ....... 78 penalties on, ......... . 137 Supervisors of registration, to be appointed by governor and council upon petition, etc., powers and duties, ...... 25 Supreme judicial court and superior court, powers in proceedings relative to corrupt practices and election expenses, etc., . . . .119 Supreme judicial court in Suffolk county, to finally determine contested elec- tions of presidential electors, ...... 103, 104 Surveyors of highways of towns, ....... 127, 128 exemption from liability to hold office of, . . . . .132 T. Tax bill, to be prima facie evidence of residence, to registrars of voters, . 21 Taxes, assessment of, upon polls and estates, ...... 11-14 correction of errors in lists of persons assessed for, . . . .11 assessors of. (See Assessors of taxes.) collectors of. (See Collectors of taxes.) Tellers, appointment of, to assist at ballot box, in checking names or canvassing and counting votes in towns, . . . . . . .77 candidates to be voted for not eligible to appointment as, . . . 76 Terms, certain, defined, .......... 5-7 Threats or bribes, penalties for attempting to influence voters by, . . 145 Tie vote, if for candidates for elective office, adjourned caucus may be held, . 42 if for delegate to convention, other delegates to fill vacancy, . . 42 if for caucus officers, or committee members, vacancy to be filled by elected members, ......... 42 INDEX. 193 PAGE Tie vote, proceedings in cases of direct nomination, ..... 44 failure to elect state officers by reason of, .... 110-113 Time, how to be computed in election laws, ...... 8 Town clerks, election, term of office, etc., 127, 128, 130, 132 failure to elect, vacancy, etc., 77, 78, 134 to be members of boards of registrars of voters, . . . . 15, 16 to send to registrars of voters names of certain persons deceased, . 14 to receive nominations of candidates for town offices; time, etc., . 67, 68 to require identification of persons filing nomination papers, . . 67 to notify candidates and party committee of objections to nomination, 69 to preserve certificates, nomination papers, objections, withdrawals, receipts and record of number of ballots furnished for one year, 70, 87, 89 duties of, in connection with the establishment, change, or discontinu- ance of voting precincts, . . . . . . . . 73, 74 may administer oaths to election officers, ..... 77 may administer oath to supervisors of elections, .... 78 to provide for safe keeping and repair of ballot boxes and counting apparatus, ....... .80 to prepare and furnish ballots, cards of instruction and specimen ballots for town elections, ......... 83-88 to send ballot boxes, seals, apparatus and blank forms to election officers, .81 to provide suitable seals for precinct clerks, . . . . . 80, 81 to cause lists of candidates for town elections to be posted, etc., . 88 to return receipts for ballots to the secretary of the commonwealth, . 89 to cause ballots, etc., for town elections to be packed in sealed packages, 89 to deliver ballots for town elections to election officers, . . 89, 90 to send ballots, cards of instruction and copies of proposed constitu- tional amendments to election officers, . . . 89, 90 to retain second set of ballots until called for by presiding election officer, .......... 89 to prepare and furnish substitute ballots when needed, to record condition of ballot box register, . . . . . 92, 97 to record facts when state ballot box, apparatus and blank forms cannot be used, .... . 92, 97 to record in words at length names of persons voted for, number of votes for each and title of office, etc., to retain ballots the required time and then cause them to be destroyed without examination, to retain voting lists for same length of time as ballots and then trans- mit same to registrars of voters, in cases of direct nomination to file certificate or record of voters, . 43, 44 may furnish copy of voting list as checked upon application of ten legal voters, etc., ....... . 55, 9( duties of, in relation to erroneous returns, etc., . 100, 101, 104-106 to transmit returns of votes, 43, 44, 101, 106 to make new returns of votes, etc., .... 101> 104, 105 194 INDEX. Town clerks, duties of, in relation to election of representative in general court, ........... 105 to certify to the secretary of the commonwealth the number of names of voters checked on list as having voted, etc., .... .107 to retain ballots until a contested election is determined, etc., . . 107 duties of, relative to statements of election expenses, . . 117-120 to preside at elections of moderators of town meetings, . . .126 to direct distribution of ballots used in taking vote upon the question of granting liquor licenses, . . . . . . .132 to issue summons and administer oaths to town officers elect, . 131, 132 penalties on, ......... 136-139 with registrars to canvass returns of votes cast in precincts for town officers, .......... 133 to notify officers elect, . . . . . . . . .133 to prepare blank nomination papers for use in certain towns, . . 48 to prepare ballots for use in caucuses in certain towns, ... 52 to determine number of ballots for caucuses if not otherwise fixed, . 52 to furnish facsimile copies of ballots, ...... 52 to deliver ballots, voting lists, etc., to caucus officers, ... 53 to keep packages received from wardens of caucuses, . . . 45, 54 to produce same if required by court or convention, . . . 45, 46, 55 (See also Registrars of voters, and Election officers.) Town clerks and selectmen, to be registrars of voters in towns of less than three hundred voters, . . . . . . . . 15, 16 to canvass and count votes, etc., at state elections, in towns not di- vided into voting precincts, ....... 98 to examine returns of election officers, etc., in precinct towns, . . 100 Town committees, election, term, organization, etc., ..... 38, 39 vacancies in, how filled, ........ 39 may make rules for its proceedings, ...... 39 may make rules relative to caucuses, ...... 39 secretary of, to file with secretary of the commonwealth, clerk of town and state committee, list of members and officers, . . . 38, 39 may make rules for determining membership in party, . . .39 to fix days for holding and issue calls for caucuses relating to town elections, .......... 47 duties of chairman or secretary when no nomination papers (caucus} are filed or certain vacancies occur, . . . . . .51 may call meeting in any town to determine by ballot whether the provisions of law for the use of official ballots shall be adopted, . 46, 47 proceedings for this purpose, ........ 46, 47 secretary of, to file notices of adoption or revocation, ... 47 Town election, term defined, ......... 7 Town elections or meetings, at which official ballots are used, term defined, . 7 (See also Town meetings.) Town meetings, qualification of voters to vote in, . . . . .10 at which official ballots are used; term defined, .... 7 INDEX. 195 Town meetings, for election of town officers, etc., to be held in February, March or April, ......... 124 provisions applicable to, . . . . . 124-126, 133 for state and town elections, calling of, . . . . 90, 91, 124, 125 for election of state officers in towns not divided into voting precincts, selectmen to preside, ........ 76 to be called in pursuance of a warrant under the hands of selectmen, etc., . .... ... 124, 125 two or more may be called by the same warrant, . . . .125 time, place, subject, etc., to be stated in warrants for, . . . 125 may be adjourned, etc., to any place within the town, . . . 124 all subjects contained in written request of ten or more voters to be inserted in warrants for, . . . . . . . .125 voting lists to be furnished for use at, . . . . .27 appointment of tellers at, etc., ....... 77 ballots may be counted in, while voting is in progress, ... 98 proceedings when right to vote is challenged in, .... 96, 97 may be called by a justice of the peace upon refusal of selectmen, . 125 may be called by a minority of selectmen when majority vacate office, 125 except for election of state officers, moderator to be first chosen, when not elected for term of one year, . . . . . .125 powers and duties of moderator of. (See Moderators of town meetings.) when voting list is to be used in, . . . . . .131 how ballots shall be deposited in certain, ..... 132 penalties on moderator of, ....... 137, 138 penalty for illegal voting at, . . . . . . . .140 for removing or defacing warrant, etc., ..... 142 for disorderly conduct and illegal voting at, . . 140, 142, 144, 146 holding of, for all other business except election of officers and voting on license question, in towns voting by precincts, .... 133 how called, in such cases, . . . ... . . 133 (See also Meetings.) Town officer, term defined, ......... 7 when number and terms are to be determined or changed, in towns where official ballots are used, .. . . . . . 135, 136 failure to elect, or vacancy, ....... 133-135 moderator of town meeting may administer oath of office to, . . 131 Town officers, number, election, terms of office, etc., .... 126-133 failure to elect, vacancy, etc., ...... 133-135 when ballots and voting lists are to be used, in the election of, . 130, 131 oath of office, 131, 132 (See also Civil officers.) Town offices, nomination of candidates for, in towns where official ballots are used, ........ 135 failure to elect, or vacancy in, ..... 133-135 vacated by removal from town, % no person obliged to serve two successive terms in, . . . . 132 196 INDEX. PAGE Town treasurer, election, term of office, etc., .... 127, 130, 132 failure to elect, or vacancy, ....... 133-135 Towns, duties of assessors in, ......... 11-13 lists of assessed polls to be made and posted in, .... 11-13 registrars of voters in,. . . . . . . . .15-18 sessions for registration in, . . . . . . 18, 19, 25 to provide suitable rooms for the registration of voters, . . . 18 time for registration to cease in, . . . . . . .19 preparation and posting lists of voters in, ..... 25-27 number of assessed polls and registered voters in, to be certified to secretary of the commonwealth, ...... 28 may be divided into voting precincts, ...... 73 election officers in. (See Election officers.) polling places in, designation, preparation of, etc., . . . . 78, 79 voting precincts in, may be changed or discontinued, . . . 73, 74 state ballot boxes, apparatus and blank forms to be provided for use at elections in, .......... 79, 80 to keep state ballot boxes and apparatus in good repair and replace those lost or destroyed, ........ 80 selectmen in, may make regulations as to use of seals, ballot boxes, etc., and counting and returning votes, ...... 9 ballots to be prepared and furnished for elections and meetings in, . 83-87 when ballot boxes may be opened in, . . . . .92, 98 ballots cast and voting list used in, to be sealed up and endorsed, . 99 ballots cast in, to be retained the required tune and then destroyed without examination, . . . . . . . .100 voting lists used in, to be preserved, etc., ..... 100 copy of voting list used at elections in, may be furnished, ... 99 appointment of tellers in, ........ 77 ballots cast in, to be retained until a contested election is determined, subject to order, etc., . . . . . . . . 107 recount of ballots cast at elections in, certain persons may be present at, 108, 109 recount of ballots cast in, ....... 107-110 may vote that official ballots shall be used therein, . . . .135 which have voted that official ballots shall be used therein may rescind such action, etc., ......... 135 boards of health in, . 128, 130 may establish precinct voting for town officers, and on license ques- tion, . . . . . . . . . . . 133 highway surveyors in, . . . . . . . 127, 128, 132 returns of votes cast in precincts at town elections, how canvassed, . 133 to do all other business at subsequent meeting, . .133 time and place of such subsequent meeting to be stated in warrant for annual election, ..... .133 may purchase approved voting machines, to provide polling places, booths, etc., for caucuses, . . . . 45, 48 INDEX. 197 PAG I Towns, to provide blank nomination papers, for use in certain towns, . . 48 to provide ballots for caucuses in certain towns, .... 52 proceedings in, when caucus nomination papers are not filed, etc., . 51 selectmen of. (See Selectmen of towns.) of over five thousand inhabitants, street lists of assessed polls to be made and distributed in, ....... 12 with less than three hundred voters, selectmen and clerks to be regis- trars of voters in, . . . . . . . . . 15, 16 Treasurer and receiver general, to be elected annually on the Tuesday next after the first Monday in November, .... 90, 121 returns of votes for, to be transmitted to the secretary of the common- wealth, ... 101 with secretary and auditor, to approve blank forms for use at elections, 80 Treasurer of political committee, qualifications, appointment, accounts, state- ments, etc., ......... 116-118 Tree warden, election of, ......... 127 Two leading political parties, term defined, ...... 7 V. Vacancy, in board of registrars of voters, ....... 16 in list of candidates, proceedings in case of, . . . 69, 70, 87 in election officers, . . . . . . . . . 75, 76 of city clerk, 77, 78 of town clerk, . . . . . . . . 77, 78, 133, 134 of town treasurer, ........ 133, 134 in state offices, ......... 110-113 in representative in congress, . . . . . . . .111 in representative district, . . . . . . . .111 in office of presidential electors, . . . . . . .110 in district and county offices, ....... 111-113 in town offices, ......... 133-135 in office of moderator, ......... 125 in delegation to convention, on account of tie vote, how filled, . . 42 in ward or town committee from tie vote, how filled, . . 42 in caucus officers, how filled, ..... . 42, 56 in state, town or ward committee, how filled, ..... 38, 39 in list of nominees to be voted for in caucus, proceedings in case of, . 50, 51 to be filled by chairman and secretary of city or town committee, . 50, 51 Villages, registration of voters in, ...... 18, 19 Vote, right to, of certain soldiers and sailors, . . . . . 10, 11 right to, by certain persons prevented from reading or writing by a physical disability, .... duty of presiding election officers, when right to, is challenged, . . 96, 97 Voter, employed in manufacturing, mechanical or mercantile establishments, to be allowed time to vote, .... term defined, ? 198 INDEX. Voter, who served in army or navy of the United States in time of war, not disqualified on account of receipt of aid, ..... 10 changing residence within the commonwealth, may, until the expira- tion of six months, vote at state election in place removed from, . 10 qualifications of, . . . . . . . . . . 10, 11 to register and vote in place of residence on May 1, etc., . . . 11 correction of error in name or residence of, by assessors, . . . 11 correction of error in name or residence of, by registrars, etc., . 19, 23, 24 not to be registered after close of registration, etc., . . . . 19 whose name is not entered in annual register, to appear in person for the purpose of registration, etc., . . . . . .21 name of, entitled to use partial ballots, to be placed at end of list, etc., 26 name of, to be entered on list of voters of precinct where he is entitled to vote, .......... 27 when name, etc., of, has been omitted or erroneously entered on lists, may be given a certificate of right to vote, etc., . . . . 27 signing nomination paper, to add residence, etc., . . . . 49, 65 may subscribe to as many nominations for each office as there are persons to be elected thereto, ....... 65 time allowed within guard rail to mark and deposit ballot, . . 93, 96 name of, to be announced, repeated and checked on list before re- ceiving ballot, ......... 94 marking, etc., of ballot by, ........ 95 arrested for disorderly conduct, etc., at polls, not prohibited from voting, 94 unable to mark ballot, to receive assistance, etc., . . . . 95 spoiling ballot, may be supplied with others, etc., .... 96 name of, to be announced, repeated and checked on list before deposit- ing ballot, .......... 96 to deposit ballot in a certain manner, ..... 96, 132 not allowed to re-enter enclosed space after voting, .... 96 proceedings when right to vote is challenged, . . . . . 96, 97 not to be prevented from taking part in caucus if he takes oath, ' . 41 penalties on, . . ....... 139, 140 Voters, alphabetical lists of. (See Voting lists, and List of voters.) list of, for use in new division of city into wards (see also List of voters, and Voting lists), . . . . . . . . . 28, 29 nomination of candidates by, ....... 64-66 to prevent fraudulent impersonation of, in city of Boston, . . 37 number allowed within guard rail, ....... 93 intimidation of, how punished, . . . . . . . 145 registration of, when to cease, . . . . . . .19 applying for registration to present tax bill, or notice from collector of taxes, etc., .......... 21 to prove ability to read constitution, how, . . . . .22 qualifications of, .... ..... 10 in Boston, to write their names upon request, ..... 37 women. (See Women voters.) INDEX. 199 Voters, registers of. (See Registers of voters.) registrars of. (See Registrars of voters.) registration of. (See Registration of voters.) Votes, statement of the number of, etc., not to be made before the public declaration, . . . . . . . . .93 receiving, counting and return of, regulations may be prescribed for, . 9 count and canvass of, ........ 97-100 certain, not to be counted, ........ 99 person receiving the highest number of, to be deemed to be elected, . 7 returns of. (See Returns of votes.) (See also Ballots.) Voting, by employees of manufacturing, mercantile or mechanical establish- ments, time allowed for, etc., ....... 8 place of, to be place of residence, etc., . . . . . .11 person arrested at polls for disorderly conduct, etc., not prohibited from, 94 for town officers, by precincts, may be established, . . . .133 upon license question by precincts, may be established, . . . 133 in city of Boston, .......... 37 Voting lists, places for posting, ........ 8 to be posted, 26 street lists to be used as, in Boston, ...... 37 preparation of, 25-29, 37 person whose name has been omitted from, etc., to be given a certificate, etc., 27 to be seasonably transmitted by registrars to election officers, . . 27 in duplicate, to be prepared and furnished for use at elections, . . 27 for use in caucuses, ......... 28 to be used in caucuses, ......... 42 to be furnished for use of police officers in primaries and elections in Boston, 27, 28 used in caucuses to be kept, . . . . . . 45, 46, 54, 55 to be delivered to election officers, ....... 93 names of voters to be checked on, before receiving and before depositing ballots, 93 at close of polls, names checked on, to be counted audibly and whole number announced, ........ 97 used at elections, to be sealed up, certified, etc., .... 99 copy of, may be furnished upon application of ten legal voters, etc., . 55, 99 number of names checked on, to be returned to secretary of the com- monwealth, .......... 107 when to be used in town meetings, ....... 131 evidence in prosecution for violation of laws relating to, . inquests to be held in cases of alleged violation of laws relating to, . 120 penalty for defacing or removing, ....... 142 Voting machines, examination of, etc., ...... 79, 81-83 Voting precincts. (See Precincts, voting.) 200 INDEX. w. PAGE Ward committees, election, term, etc., . . . . . . . 38, 39 in case of a re-division of a city into wards, ..... 39 vacancies in, how filled, ........ 39 duties of, when nomination papers (caucus) are not filed, . . . 50, 51 Wardens, appointment of, . . . . . . . . 74, 75 powers and duties of , . . . . . . .76 removal of, . . . . . . . . . . 75, 76 vacancy in office of, ......... 75, 76 to see that ballot box is empty at opening of polls, .... 92 not to make statements relative to elections prior to public declaration of vote, ... 93 not to give information regarding ballots cast by challenged voters, . 97 duties of, in the count and canvass of votes, ..... 97, 98 penalties on, . . 137-139 (See also Presiding election officers.) of caucuses. (See Presiding officers.) Wards, division of cities into, . . . . . . . . . 71 proceedings at elections in, when new division is made, ... 72 Wards and precincts, division of, secretary of the commonwealth to be noti- fied of changes in, . . . . . . . . .74 Warrant, calling town meeting, to be issued by selectmen, . . . 124, 125 may be issued by justice of the peace if selectmen refuse, . . 125 to state time and place of meeting and subjects to be acted on, . 91, 125 selectmen to insert in, all subjects on written request of ten voters, . 125 penalty for removing or defacing, ..... . 142 to specify hours of opening and closing polls, . . . . .91 when a vote is to be taken on proposed constitutional amendment or question, to contain full copy of amendment or question, . . 91 two or more distinct town meetings may be called by one, . . 125 Withdrawal, of name of candidate from nomination, to be in writing, . . 69 time for filing, .......... 69 to be preserved for one year, open to public inspection, ... 70 of name of candidate for nomination by caucus, . . . .51 Witnesses, at inquests in election cases, ...... 120, 121 at hearings before ballot law commissioners, . . . . .71 Women, may vote for members of school committees, . . . . 10, 11 to be registered, .......... 21 list of names on register of voters to be given to assessors, . . . 21 assessors, except in Boston, to inquire regarding residence of those, whose names are on lists, . . . . . . .11 list of, to be made by assessors, . . . . . . .11 in Boston, how made, . . . . . . . . 29, 30 except in Boston, to be sent to registrars of voters, . . . 12 in Boston, to be transmitted by election commissioners to listing board, ... . ... 33 INDEX. 201 PAGE Women, names of, to be placed in separate columns or lists, ... 26 may sign nomination papers for candidates for school committees, . 65 voting at election of school committees, ballots to be used by, . 85, 86, 133 eligible as overseers of the poor and school committee, . . . 128 registration of. (See Registration of voters.) Workmen, wages of, not to be reduced on account of vote, .... 145 not to be discharged on account of vote, ...... 145 to be allowed time to vote, ........ 8 UNIVERSITY OF CALIFORNIA LIBRARY