J K sorf .rfd GIFT OF , H. . %/*.n . PRIMARY ELECTION LAWS PASSJ3D BY THE 44TH GENERAL ASSEMBLY OF THF STATE OF MISSOURI 1907. JNO. E. SWANGER, Secretary of State. THE HUGH STEPHENS PRINTING COMPANY. JEFFERSON CITY. MO. t 9.0 [S. B. 19] ELECTIONS, PRIMARY. AX ACT to provide for party nominations by direct vote. SECTION 22. Vote how canvassed. 23. Returns how made. 24. Returns, how canvassed. 26. Who declared the nominee. 26. Secretary of state to certify result. 27. Secretary state to certify to county clerk. 28. Party committeeman how elected platform, how made. 29. Tie vote to be determined by lot. 31. Corrupting voters penalty. 31a. Qualification of judges and clerks, 32. Certain provisions of general election law to apply. 32a. Authorizing election commissioners in St. Louis. 33. Repealing inconsistent acts. 33b. Presidential electors how nomi- nated. SECTION 1. Shall apply to what offices. 2. Where and when held. 3. Secretary state to certify names. 4. County clerk to publish. 5. Form of ballot. 6. Nomination papers form. 7. Petition for nomination. 8. Qualification of signers. 9. Petition shall be signed by whom. 10. Basis of percentage, how determined. 11. Nomination papers, where filed. 12. Duty of secretary of state. 13. Notice to be published. 14. How published. 15. Ballots to be printed. 16. Clerk to prepare sample ballot. 17. Costs of election how paid. 18. Names, how arranged manner of voting. 19. Vacancies how filled. 20. Qualification of voter. 21. Party committee to appoint chal- lengers. Be it enacted by the General Assembly of the State of Missouri, 09 follows : SECTION 1. Hereafter all candidates for elective offices shall be nominated by a primary held in accordance with this act. This act shall not apply to special elections, to fill vacancies, nor to county superintendents of schools, to city officers not elected at a general state election, to town, village and school district officers. SEC. 2. The primary shall be held at the regular polling places in each precinct on the first Tuesday of August, 1908, and biennially thereafter, for the nomination of all candidates to be voted for at the next November election. SEC. 3. At least ninety days before the time of holding such August primary the secretary of state shall prepare and transmit to each county clerk a notice, in writing, designating the offices for which candidates are to be nominated at such primary. SEC. 4. Upon receipt of such notice, such county clerk shall, not less than ten days thereafter, publish so much thereof as may be applicable to his county, once each week, for six consecutive weeks, in at least two, and not to exceed four, newspapers of gen- eral circulation, published in said county. SEC. 5. The name of no candidate shall be printed upon an official ballot used at any primary unless at least sixty days prior to such primary a nomination paper shall have been filed in his behalf, as provided in this act, in substantially the following form : I, the undersigned, a qualified elector of the ( precinct of the town of ) , or (the precinct of the .... ward of the city of ) , county of and state of Missouri, and a member of the party, hereby nominate , who resides (at No , on street, city of ) , 257163 or (in the town of ) , in the county of , as a candi- date for the office of (here specify the office) , to be voted for at the primary, to be held on the first Tuesday of August, 1908, as representing the principles of said party, and I further declare that I intend to support the candidate named herein. In cities. Name of signer. Street No. Date of signing. "Provided, that for county offices a declaration by the candi- date, in which shall be stated the applicant's full name and resi- dence, the office for which he proposes as a candidate, and the party upon whose ticket he is to be a candidate, shall be accepted and filed by the proper official in lieu of all other nomination papers as required in this act. Said declaration to be filed in tne same time and manner as is provided for the filing of other nomination papers in this act." SEC. 6. All nomination papers "except for county offices" shall have substantially the above form written or printed at the top thereof. No signatures shall be counted unless they be upon sheets, each having such form written or printed at the top thereof. SEC. 7. Each signer of a nomination paper shall sign but one such paper for the same office, and shall declare that he intends to^ support the candidate named therein; he shall add his residence, with the street and number, if any, and the date of signing. SEC- 8. For all nominations, except state officers, all signers of each separate nomination paper shall reside in the same precinct. For state officers, all signers on each separate nomination paper shall reside in the same county. The affidavit of a qualified elector shall be appended to each such nomination paper, stating that he is personally acquainted with all persons who have signed the same, and that he knows them to be electors of that precinct or county, a[s] the nomination papers shall require; that he knows that they signed the same with full knowledge of the contents thereof, and that their respective residences are stated therein, and that each signer signed the same on the date stated opposite his name, and that he, the affiant, intends to support the candidate named therein. Such affidavit shall not be made by the candidate, but each candi- date shall file with his nomination paper, or papers, a declaration that he will qualify as such officer, if nominated and elected. SEC. 9. Such nomination papers shall be signed: (a) If for a state office, by at least one per cent of the voters of the party of such candidate, in at least each of six counties in the state, and in the aggregate not less than one per cent, nor more than ten per cent of the total vote of his party in the state, (b) If for a repre- sentative in congress, by at least two per cent of the voters of his party, in at least one-tenth of the election precincts in each of at least one-half of the counties of the congressional district, and in the aggregate not less than two per cent, nor more than ten per cent, of the total vote of his party in such district, (c) If for an office representing less than a congressional district in area, by at least three per cent of the party vote in at least one-sixth of the election precincts of such district, and in the aggregate not less than three per cent, nor more than ten per cent of the total vote of his party in such district. Provided, that the office of repre- sentative to the general assembly of Missouri shall be regarded as a county office under the provisions of this act. SEC. 10. The basis of percentage in each case shall be the vote of the party for the presidential elector receiving the largest vote at the last preceding presidential election. But any political organization which at the last preceding general election was repre- sented on the official ballot by either regular party candidates or by individual nominees only, may, upon complying with the provis- ions of this act, have a separate primary election ticket as a political party, if any of its candidates or individual nominees receive one per cent of the total vote cast at the last preceding general election in the state, or subdivision thereof, in which the candidate seeks the nomination. Nomination papers may also be filed for non-partisan candidates ; such papers shall contain at least two per cent and not more than ten per cent of the total vote cast at the last preceding general election in the state, or subdivision thereof, in which the person is a candidate, such signers to be distributed in each case as provided by the provisions of this act. SEC. 11. All nomination papers shall be filed as follows: 1. For state officers, representatives in congress, and those members of senate and assembly whose districts comprise more than one county, in the office of the secretary of state. 2. For officers to be voted for wholly within one county, in the office of the county clerk of such county. 3. When nomination papers shall be re- ceived which contain ten per cent of the total vote, as limited in subdivisions a, b and c of section 9 of this act, the clerk, with whom such papers are required to be filed, shall not receive or file further nomination papers for the candidate named therein. Sec. 12. At least fifty-five days before any primary preceding a general election, the secretary of state shall transmit to each county clerk a certified list containing the name and postoffice ad- dress of each person for whom nomination papers have been filed in his office, and entitled to be voted for at such primary, together with a designation of the office for which he is a candidate, and the party or principle he represents. SEC. 13. Such clerk shall forthwith, upon receipt thereof, pub- lish, under the proper party designation, the title of each office, the names and addresses of all persons for whom nomination pa- pers have been filed, giving the name and address of each, the date of the primary, the hours during which the polls will be opened, and that the primary will be held at the regular polling places in each precinct. It shall be the duty of the county clerk to publish such notice for three consecutive weeks prior to said primary. SEC. 14. Every publication required in this act shall be made in at least two, and not to exceed four, newspapers of general cir- culation in such county ; one of such newspapers shall represent the political party that cast the largest vote in such county at the pre- ceding general election, and one of such newspapers shall repre- sent the political party that cast the next largest vote in such county at the preceding general election. In any case where the publica- tion of notice cannot be made, as hereinbefore required, it may be made in any newspaper haying a general circulation in the county in which the notice is required to be published. SEC. 15. An official ballot shall be printed and provided for use at each voting precinct in the form provided herein. The names of all candidates for the respective offices, for whom the nomination papers prescribed shall have been duly filed, shall be printed thereon. SEC. 16. At least twenty days before the August primary each county clerk shall prepare sample official ballots, placing thereon, alphabetically, under the appropriate title of each office and party designation, the names of all candidates to be voted for in the pre- cinct of his county, for whom nomination papers have been filed. Such sample ballot shall be printed upon tinted or colored paper, and shall contain no blank endorsement or certificate. Such clerk shall forthwith submit the ticket of each party to the county chair- man thereof, and mail a copy to each candidate for whom nomi- nation papers have been filed with him, as required by this act, to his postoffice address, as given in such nomination paper, and he shall post a copy of each sample ballot in a conspicuous place in his office. On the tenth day before such primary the county clerk shall correct any errors or omissions in the ballot, cause the same to be printed and distributed, as required by law, in the case of ballots for the general election, except that the number of ballots to be furnished to each precinct shall be twice the number of votes cast thereat in the last preceding general election. Sec. 17. All ballots, blanks and other supplies to be used at any primary, and all expenses necessarily incurred in the prepara- tion for or conducting such primary, shall be paid out of the treas- ury of the city, county or state, as the case may be, in the same manner, with like effect, and by the same officers as in the case of elections. SEC. 18. At all primaries there shall be as many separate tickets as there are parties entitled to participate in said primary election. There shall also be a non-partisan ticket, upon which under appropriate title of each office, shall be printed the names of all persons for whom nomination papers shall have been filed, as re- quired by this act, who are not designated on such nomination papers as candidates for any political party, as defined by this act. The names of all candidates shall be arranged alphabetically, ac- cording to surnames, under the appropriate title of the respective offices, and under the proper party designation upon the party ticket, or upon the non-partisan ticket, as the case may be. If any elector write upon his ticket the name of any person who is a candidate for the same office upon some other ticket than that upon which his name is so written, this ballot shall be counted for such person only as a candidate of the party upon whose ticket his name is written, and shall in no case be counted for such person as a candidate upon any other ticket. In case the person is nominated upon more than one ticket, he shall forthwith file with the proper officer, or officers, in charge of the preparation of the ballots, a written declaration, in- dictating the party designation under which his name is to be printed on the official ballot. On any day of nomination of public officers in any primary election precinct, each qualified elector shall be entitled to receive from the judges of election one ballot of the political party participating in such election for which he desires to vote. It shall be the duty of such judges of election to deliver such ballot to the elector. Before delivering any ballot to the elector, the two judges of election having charge of the ballots shall write their names or initials upon the back of the ballot with indelible pencil, and no other writing shall be on the back of the ballot, except the number of the ballot voted. SEC. 19. Vacancies occurring after the holding of any pri- mary shall be filled by the party committee of the district, county or state, as the case may be. SEC. 20. No person shall be entitled to vote at any primary unless a qualified elector of the precinct, and duly registered there- in, if registration thereat be required by law. Sec. 21. The party committee of each county may appoint, in writing, over their signatures, two party agents at each precinct or representatives, with an alternate for each, who shall act as challengers for their respective parties, and have the power pre- scribed by law. The right of any person to vote at a primary may be challenged upon the same ground, and his right to vote be de- termined in the same manner as at an election. The chairman of each party committee of any county may represent his party at the polling booth during the canvass and return of the vote at a pri- mary, or he may appoint an agent, or designate a member of his committee for that purpose. SEC. 22. The canvass of votes cast shall be made in the same manner and by the same officers as the canvass of an election. The party chairman of the county in a precinct canvass of the county in a county canvass, of the state in a state canvass, or some duly appointed agent to represent each party, shall be allowed to be present and observe the proceedings. SEC. 23. The precinct judges and clerks of election shall, on separate sheets, on blanks to be provided for that purpose, make full and accurate returns of the votes cast for each candidate, and shall, within twenty-four hours, cause to be delivered one copy of such returns as to each political party, to the county chairman of that party, and also cause such returns to be delivered to the county clerk : Provided always, that such returns shall be sent by regis- tered mail where practicable. SEC. 24. The county canvass of the returns of a primary shall be made by the same officers, and in the manner as now provided by law, for the canvass of returns of a November election. The canvassers shall meet and canvass such returns at ten o'clock on the Friday following the primary. Their returns shall contain the whole number of votes cast for each candidate of each ^ political party, and a duplicate as to each political party shall be delivered to the county chairman of such party. The canvassers shall also make an additional duplicate return in the same form, showing the votes cast for each candidate not voted for wholly within the limits of the county. The county clerk shall forthwith send to the secretary of 8 state, by registered mail, one complete copy of all returns as to such candidates, and he shall likewise send to the chairman of the state central committee of each party a duplicate copy of the re- turns last described relating to such candidates of each party. SEC. 25. The person receiving the greatest number of votes at a primary as the candidate of a party for an office shall be the candidate of that party for such office, and his name as such candi- date shall be placed on the official ballot at the following election. SEC. 26. As soon as the state canvass of a primary shall be certified to him, the secretary of state shall cause to be published a certified statement of the result of such primary as to candidates for state officers, and representatives in congress, and any other candidate whose district extends beyond the limits of a single county, and shall mail to the chairman of the state central commit- tee of each party so much of such certificate as relates to his party. SEC. 27. Not less than fourteen days before any November election, the secretary of state shall certify to the county clerk of each county within which any of the electors may vote for the can- didates for such offices, the name and description of each person nominated for any such office as specified in the nomination papers. SEC. 28. At the August primary each voter may write, in the space left on his ticket for that purpose, the name of one qualified elector of the ward or township, as the case may be, for his ward or township committeeman, and the one having the highest number of votes in such ward and township shall be the member of the party committee of such county, and each county committee com- posed of the various ward and township committeemen shall meet at the county seat of such county on the first Friday after the said August primary and organize by the election of a chairman, secre- tary and treasurer of such committee, and the chairman so elected of each county committee shall, by virtue thereof, become a member of the party congressional, senatorial and judicial committee of the district of which his county is a part. Provided, that if any such congressional district shall consist wholly of one county, then the members of the county committee of such county shall constitute the congressional committee of such district. Such congressional com- mittee, so composed of the various county chairmen of each dis- trict, shall meet at point, in such congressional district, designated by the then chairman of the congressional committee, en the second Tuesday in August after such primary election, and, when so met, shall organize by the election of one of its members as chairman of such committee, and by electing a secretary and treas- urer, and shall then proceed to name two qualified electors of such district as members of the party state committee, which state committee, being composed of two members from each congres- sional district in the state, shall meet at noon on the second Tuesday of September at the state capitol and organize by the election of a chairman, who shall be chairman of the state committee, and by the election of a secretary and treasurer of such committee, and after having so organized shall meet with the party nominees for state officers, congressmen, state senators, representatives, and forthwith formulate a state platform for their party, and make public the same not later than 6 o'clock in the afternoon of the fol- lowing day. The provisions of this section, so far as consistent, 9 shall apply to cities that are divided into wards for election pur- poses, and when the word county is used, it shall apply to such committees by wards, so far as applicable. SEC. 29. In case of a tie vote, the tie shall forthwith be de- termined by lot by the canvassers. SEC. 30. It shall be the duty of the secretary of state, on or before March 1, 1908, to prepare all forms necessary to carry out the provisions of this act, which forms shall be substantially followed in all primaries held in pursuance hereof. Such forms shall be printed with copies of this act for public use and distribu- tion. Every day on which an August primary shall be held shall be a legal holiday. SEC. 31. Any person who shall offer, or with knowledge of the same, permit any person to offer for his benefit, any bribe to a voter to induce him to sign any nomination paper, and any person who shall accept any such bribe or promise of gain of any kind in the nature of a bribe as consideration for signing the same, whether such bribe or promise of gain in the nature of a bribe be offered or accepted before or after such signing, or any candidate, who shall knowingly cause a nomination paper, or papers, to be signed in his behalf by more than the maximum number of qualified electors provided for his district by this act, shall be guilty of a misde- meanor, and, upon trial and conviction thereof, be punished by a fine of not less than twenty-five nor more than five hundred dollars, or by imprisonment in the county jail of not less than ten days nor more than six months, or by both such fine and imprisonment. Any act declared an offense by the general laws of this state concerning caucuses and elections, shall, also, in like case, be an offense in all primaries, and shall be punished in the same form and manner as therein provided, and all the penalties and provisions of the law as to such caucuses and elections, except as herein otherwise pro- vided, shall apply in such case with equal force, and to the same extent as though fully set forth in this act. Any person who shall forge any name of a signer or witness to a nomination paper shall be deemed guilty of forgery, and, on conviction, punished accord- ingly. Any person who, being in possession of nomination papers entitled to be filed under this act, or any act of the legislature, shall wrongfully, either suppress, neglect or fail to cause the same to be filed at the proper time in the proper office shall, on convic- tion, be punished by imprisonment in the county jail not to exceed six months, or by a fine not to exceed five hundred dollars, or by both such fine and imprisonment, in the discretion of the court. SEC. 31a. The judges and clerks for primary elections held under this act, shall be provided by the same appointing power, in the same manner, and possess the same qualifications and con- sist of the same number as judges and clerks of general elections in this state : Provided, that in all counties in this state which now contain, or hereafter may contain, a city of not less than 100,000 inhabitants nor more than 400,000 inhabitants, the county committee of each political party which, at the general election held next preceding any primary election held under the provisions of this act, cast at least ten per cent, of all the votes cast at such election in such county, shall appoint three judges and one clerk for such primary election for each election precinct in such county 10 outside of such city, and in all such cities the judges and clerks of election regularly appointed and commissioned for regular elec- tions shall act as judges and clerks of all primary elections held under the provisions of this act. SEC. 32. The provisions of the statutes now in force in relation to the holding of elections, the solicitation of voters at the polls, the challenging of voters, the manner of conducting elec- tions, of counting the ballots and making return thereof, and all other kindred subjects, shall apply to all primaries in so far as they are consistent with this act, the intent of this act being to place the primary under the regulation and protection of the laws now in force as to elections. SEC. 32a. That any duty devolved upon or power given to the county clerk by this act shall, in the city of St. Louis, be performed by the board of election commissioners for said city, or a majority of them. SEC. 33. All act or parts of acts inconsistent with, or in con- flict with the provisions of this act, are hereby repealed. SEC. 33b. The state committee of any political party may call a convention of delegates to be apportioned, chosen or elected^ in such manner as it may prescribe, for the purpose of nominating presidential electors, electing delegates to national conventions, electing members of national committees, adopting or making such declarations of party principles with reference to national ques- tions as may be deemed advisable, and to do and to perform any other act not prohibited by or inconsistent with this law. Approved March 18, 1907. [H. B. 6.] ELECTIONS, PRIMARY: U. S. SENATOR. AN ACT to provide for the selection of the caucus nominee for United States senator, and instructing the members of the general assembly of the slate of Missouri to vote for said nominees. SECTION 1. Candidates for U. S. senate to be voted on, when. 2. Application to be filed with secretary of state. 3. Secretary of state to certify list. SECTION 4. Duty of county clerk to prepare ballot. 5. Vote, how counted. 6. Who declared nominee. Be it enacted by the General Assembly of the State of Missouri, as follows: SECTION 1. At each general election held in the state of Mis- so~uri, at which a legislature is chosen, whose duty it shall be to elect a United States senator, according to the laws and Constitu- tion of the state, the names of the candidates of each political party for said office of United States senator shall be placed upon the ballots of the political party to which the candidate belongs, of the several political parties, and be voted upon at said general election. SEC. 2. At least sixty (60) days prior to said general election each person desiring to be a candidate for the office of United 11 States senator shall file with the secretary of state his application, stating his full name, residence and postof fice address, also the political party to which he belongs, and upon whose ticket he wishes his name entered as a candidate. SEC. 3. The secretary of state shall, at least thirty (30) days prior to the general election, make out separate lists of the candi- dates for each ticket and arrange them in alphabetical order in re- lation to the surname, and certify a true copy of each ticket to each county clerk in the state, and to the proper officer in the city of St. Louis. SEC. 4. The county clerks and the proper officer in the city of St. Louis shall have these names printed upon the official ballots to be voted at such general election. The names shall be printed in the order as arranged by the secretary of state, and the list of each party's candidates shall be placed only upon the ticket of that particular party. The names shall be placed as aforesaid under the heading "Candidates for United States senator," and shall be placed immediately following the caption or heading of the ticket. Immediately underneath the heading, "Candidates for United States senator" shall be printed in small type, and in parenthesis the following instructions to voters: "Draw a line through all the names you do not wish to vote for." The voter may scratch out all the names of candidates for the United States senate on one ticket and vote for some person not on any ticket, by writing said name underneath those scratched out, and said vote shall be counted for the person thus voted for; but no voter can vote on one ticket for any candidate for United States senator whose name officially appears on any other ticket. SEC. 5. The vote for United States senator shall be counted, recorded and certified to the same as the vote for all other officers. SEC. 6. The person found to have the largest number of votes, upon the ticket that shall have a majority on joint ballot in the joint assembly of the state legislature, at the session held next after said election, shall be declared to be the caucus nominee of said political party, and all members of said party in the legislature shall vote for said person. Likewise the caucus nominees of the other political parties shall be the persons receiving the highest number of votes upon their respective tickets. Approved March 15, 1907. gtfLORO BROS. HHHH SYRACUSE, -H.Y. YP, 08667