UC-NRLF $B E2 DSb '■i ^*» < *■ Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/acttoregulateeleOOnewjrich State of New Jersey AN ACT TO REGULATE ELECTIONS (Revision of 1898) APPROVED APRIL 4th, 1898 With the Amendments Thereof, and Other Acts Concerning Elections AND THE CONSTITUTIONAL PROVISION CONCERNING THE RIGHTS OF SUFFRAGE, INCLUDING INSTRUC- TIONS relative to duties of OFFICERS AND VOTERS. Compiled and Printed under the Direction of the Secretary of State UNION HILL, N. J. Dispatch Printing Company I0I4 Registration Days. Municipalities,, 5,000 and Less Inhabitants. First Registration Day, September 8, 1914. *Second Registration Day, September 22, 1914. Third Registration Day, . .October 27, 1914. Municipalities Exceeding 5,000 Inhabitants. First Registration Day, September 8, 1914. *Second Registration Day, September 22, 1914. Third Registration Day, October 20, 1914. *Also Primary Election Day. General Election Day, November 3, 914. Chronological Index Of Duties Relating to the Primary and General Elections. April 20th, 1914 — On or before this date the governing body of any municipality shall have changed or leadjusted the election districts. Section 306. May Ist, 1914 — On or before this date the chairman of each county committee shall transmit in writing to the State Civil Service Commission a list of the names whom said chairman recommends for appointment in the several election districts in said county. Section jog. All petitions endorsing a candidate for election officers must be filed with the Civil Service Commission on or before this date. Section 30Q. June, 1914— The chairman of the State committee of each of the two largest political par- ties may nominate two citizens in each county as members of the county board of election. Section 13. July, 1914— Two members of the county board of elections shall be commissioned during this month, for each county, by the Governor. Section 13. July Ist, 1914— On or before this date the chairman of the county or city committee shall file with the municipal clerks the number of committeemen to be elected. Section 245. August 1st, 1914 — The term of office of all members of the county board of elections, commis- sioned in July, 1914, will begin August 1st, 1914. The term of office of two expires August ist, 191 5, and two August ist, 191 6. Section 13. August 1st to 10th, 1914 — At ten o'clock A. M. on the first Tuesday of August or on such other day as they may agree on, within the first ten days of August, the county board of elections shall meet at the court house or other place and organize. Section 14. Before entering upon the performance of their duties, they shall take and sub- scribe an official oath or affirmation and forward it to the county clerk. Section 16. (3) 278734 August Ist to September Ist, 1914 — Between these dates, in every year wherein electors of President and Vice- President, members of the House of Representatives, a Governor, or Senator for any county, or any of them, are to be elected, the Secretary of State shall deliver to the clerk of every county wherein such election is to be held, a notice slating that such officer or officers are to be elected at the ensuing election ; the clerk of such county shall, within fifteen days after the receipt of the notice, deliver a certified copy of such notice to each township and municipal clerk in his county. Section 5. Between the same dates in every county wherein a sheriff, coroner, clerk, register of deeds or surrogate is to be elected, the county clerk shall deliver a notice to each township and municipal clerk in his county that such officer cr officers will be elected. Section 6. August 8th, 1914 — On or before this date the Secretary of State shall provide proper and suffi- cient canvassing-books, poll-books, identification statements, registry-books, copies of the election laws then in force, a pamphlet of instructions for election officers and voters, blanks for the official oaths and for election returns for the proper carrying into effect of the provisions of this act, and furnish a sufficient supply of the same to the clerks of the different counties of this State, for use in such counties, at least thirty days before the same shall be required for use ; and the said county clerks shall cause the same to be delivered to the different boards of registry and election in their respective counties at such times and in such quantities as will enable the provisions of this act to be fully carried out. Sections 61, 349 and 353- August 8th, 1914 — On or before this date the Secretary of State shall furnish to the county clerk of each county having one or more municipalities of five thousand inhabitants, identification statements for vise in the registration of voters on election day. Sections 349 and 355- August 15th, 1914 — On or before this date the State Civil Service Commission shall hold county examinations for position as member of the boards of registry and election. Said Commission shall give five days' notice to applicants of the time and place of holding such examination. Section 310. August 20th, 1914 — On or before this date the State Civil Service Commission shall certify results of examinations to the Judge or Judges of the Court of Common Pleas of such county. Section 310. August 24th, lgl4 — On or before this date petitions endorsing candidates for Member of House of Representatives (in districts comprising more than one county) shall be filed with the Secretary of State. Section 343. August 25th, 1914 — On or before this date the county board of election shall select from the eligible list certified to the Judge or Judges of the Court of Common Pleas, the members of the board of registry and election. Section 311. Augrust 27tii, 1914 — On or before this date candidates for Member of the House of Representatives to be voted for at primary election, shall designate committee to receive and disburse campaign funds. Section 379. August 28th, 1914 — Petitions for nomination for Members of State Senate and General Assembly, and County offices, under the provisions of the direct primary act, must be filed with the county clerk on or before this date. Sections 290 and 442. On or before this date petitions endorsing candidates for Member of House of Representatives (in districts wholly within single county) shall be filed with county clerk. Section 343. On or before this date the Secretary of State shall certify to the county clerk the names of candidates for Member of House of Representatives. Section 343. September Ist, 1914 On this dale, the boards of registry and election in all municipalities shall meet for organization, and at such meeting shall elect one of its members as judge, who shall be chairman of said board, and another of its members as inspector. Section 19. September 2nd, 1914 — *0n or before this date, petitions endorsing the candidates to be voted for at the primary election within a single municipality, and for Members of Board of Chosen Freeholders to be voted for in two or more municipalities, must be filed with the municipal clerk. Sections 243, 292, 300 and 347. On or before this date, the county clerks shall certify the names of candidates for county offices and for Members of House of Representatives to the municipal clerks. Sections 290, 345 and 425. On or before this date, the township and municipal clerks shall have procured suitable rooms in which to make the registry of voters and to hold a primary and general election, and immediately on procuring rooms, such clerk shall notify the respective registry and poll clerks or boards of registry and election of the location of such rooms. Section 230. *0n or before this date, candidates for county offices and Members of the House of Representatives (in districts wholly within a single county) to be voted. for at primary election, shall designate committee to receive and disburse campaign funds. Section 379. Sept II Names of persons voted for and the offices designated for each. Names of election districts and the number of vote? given for each person in each district. o §1 3 2 "^ Kj 5 Tor meml>er of senate- For member of assemblj' For coroners ... Whole number of names on the.. Registry List or Signature. . . . Copy Booli Number of names on the poll-booli of each district Number of ballots rejected I do hereby certify that the foregoing is a true, full and correct statement of the result of the election above men- tioned, as the same is exhibited by the statements produced and laid before the board of county canvassers according to law, and that the same exhibits the number of the names ot the voters in the poll-books of the election districts, respectively, and of the ballots rejected,- the whole number o/ the names of the voters in the poll-books of the several election districts, the name of each person for whom any vote or votes were given, the number of votes given for each person in each election district, and the whole num- ber of votes given for each person for each ofifice desig- nated for him, as they appear by the statements so pro- duced and laid before the said board. In witness whereof. I have hereunto set my hand, this — day of .. in the year of our Lord one thousand hundred and Disposition of statements. Chairman of the board of canvassers. Attest : , Clerk." And the blanks in the form above given shall be filled up to conform to the facts of the case. no. Such board shall deliver one of the said statements to the clerk of the county, who shall fort-hwith file the Board to determine 63 same ; and in case of an election held for members of the house of representatives, or for electors of president and vice-president, or for governor, or for senator, members of assembly, or for any county officers, the chairman of such board shall inclose and seal up the other statement and deliver or safely transmit the same so inclosed and sealed up, to the secretary of state at Trenton, so that he shall receive the same within three days next after the meeting of such board ; and the secretary .of state shall forthwith file the same ; and in case of any municipal elec- tion in any city of this state the chairman of such board shall forthwith deliver or safely transmit such other state- ment to the clerk of such city, who shall file the same. 111. The board of county canvassers, in case of an elec- tion for a member of the senate, members of the general who are assembly, or for any county or city officer or officers, shall legislators, proceed to determine the person or persons who shall, by ci^/J^officers the greatest number of votes, have been duly elected to the office or offices for which he or they shall have been designated; and thereupon such board shall make a state- ment of their determination, certified to be true and correct, by a certificate appended to the same, and signed by the chairman of such board, in the presence of the clerk of such board; and the clerk of such board shall attest the signing of the same by such chairman, by signing his name thereto; and the statement of such determination, and the certificate thereto, shall be annexed to the statement of the result of the election, and shall be delivered therewith to the clerk of the county and filed in his office; in case of any election for any city officer or officers, another copy 01 such determination, as to such officer or officers, shall be made, signed and attested in manner aforesaid and forthwith filed with the clerk of such city. 112. The statement of the determination of such board statement shall be in the following or like form : ^ion."™'"^' "A statement of the determination of the board of county canvassers relative to an election held in the county of on the day of November, in the year of our Lx)rd one thousand hundred and , for the 64 Form of statement In special elections. In certain cases board to make statement and de- termination. In other cases to make statement only. County clerk to deliver certified copies of de- termination to persons elected. election of a member of the senate, members of the gen- eral assembly of this state, and a sheriff and coroners for said county (naming the officers, as the case may be). The said board do determine that at the said election, was duly elected a member of the senate of this state ; were duly elected members of the general assembly ; was duly elected sheriff, and were duly elected coroners for said county (as the case may be). 1 do certify that the foregoing is a true, full and correct statement of the determination of the board of canvassers therein mentioned. In witness whereof I have hereunto set my hand this day of November, in the year of our Lord one thousand hundred and . Chairman of the board of canvassers. Attest: , Clerk." And in case of a special election to fill a vacancy or vacancies, the statement of the determination of such board, and the certificate thereof, shall be in a form sim- ilar to that above given, as far as the nature of the case will admit. 113. The board of county canvassers in the case of an election for a member of the senate, members of the gen- eral assembly, county or municipal officers, or any of them, shall make a statement of the result thereof, and their determination as to the person or persons who shall be elected therein; and in all other cases shall make only a statement of the result of the election in such county upon the statements and copies of statements which shall be produced and laid before the board, as directed in this act. 1 14. The clerk of such county, in the case of an election for senator, members of the assembly, or any county officer, shall make as many copies of the statement of the deter- mination of such board, and the certificate appended tl.ereto, as may be necessary, and shall certify such copies to be true, full and correct, by a certificate appended to each of them, and shall sign his name thereto, and affix thereto the seal of the county, and shall without delay 6s deliver one of the same to each person who shall be so elected and shall inclose, seal up and transmit another copy of the same to the secretary of state at Trenton, within five days next after the meeting of such board; and the said secretary shall file the same in his office, 115. The senate and general assembly shall convene and Certified hold their sessions in the state house, at Trenton; and in facirev"™ the organization of each house the certified copies of the gfe^tion^of aforesaid statements of the determination of such board senators and shall be deemed and taken to be prima facie evidence of the right of the persons therein mentioned to seats in the houses, respectively, to which they shall have been so de- termined to be elected. 116. All the statements and copies of statements which Statements shall be produced and laid before such board shall, by such produced board, be delivered to the clerk of such county, and shall to be filed m be by him filed in his office. ciTrk's office. 117. All the proceedings of such boards shall be open 111- 11. -ri . ^ . Proceedings and public, and a decision of the major part of the mem- of board bers thereof, who shall be present at such meeting thereof, ma'joSt^ to shall be deemed and taken to be the decision of such board ; decide, and if any member shall dissent from a decision of the ^. ",,,,. Dissent may board, and shall desire to protect himself against any con- be filed with sequences which may result from such decision, he shall *^"°*^ ^^^^^ state his dissent in writing, and deliver the same to the clerk of such county, who shall file the same in his office. Board of State Canvassers. 118. In case of any election for one or more members Secretary of of the house of representatives, or for electors of president obUln**^ and vice-president, or for governor, if it shall so happen ^atemfnts. that the secretary of state shall not, on or before the seventh day after the time appointed for the meeting of the board of canvassers in the several counties, have re- ceived the statements of the result of such election in every county, which are hereinbefore directed to be deliv- ered or transmitted to him by the chairman of such board, such secretary shall forthwith, by a special messenger or 66 Duty of secretary of state as to defective statements. Statements to be laid before state board of canvassers. State board of canvass- ers, how consisted and wben to meet. Their duty. otherwise, obtain such statement or statements as are lack- ing; and for this purpose a copy of the statement directed to be filed with the clerk of the county, certified by such clerk, shall be sufficient; and whenever and so soon as such secretary shall receive or obtain any statement of the. result of such election, in any county, in the manner hereinbefore provided for, he shall ascertain whether or not such statement includes the statement of the result of such election in every election district of such county; and if it shall appear to him that the statement of the result of such election in any election district is not exhibited by or included in the statement of the result of such election, in such county, he shall forthwith ascertain whether or not a copy of such lacking statement has been received in his office ; and if it shall appear to him that such copy has not been so received, he shall forthwith, by special messenger or otherwise, obtain a copy of the statement directed to be filed with the clerk of such county, certified by such cierk, which shall be sufficient; and such secretary shall, on the twenty-first day next after the day of such election, pioduce and lay before the board of state canvassers all such statements and copies as shall relate to such election, which shall have been received or obtained by him as hereinbefore provided for. 1 19. The governor shall attend at Trenton on the twenty- first day next after the day of election, and summon to attend him on that day four or more of the members of the senate, provided said members of the senate shall represent each political party, for the purpose of canvass- ing and estimating the votes given for each person for v/hom any vote or votes shall have been given for one or more members of the house of representatives, or for electors of president and vice-president, or for governor, and of determining and declaring the person or persons who shall, by the greatest number of votes, have been duly elected to such office or offices ; and such members of the senate as shall be summoned shall attend at Trenton on that day for that purpose ; they shall meet in the cham- ber of the senate, or some other convenient place at Tren- 67 ton, at the hour of two o'clock in the afternoon, and shall constitute a board of state canvassers: and the governor who to b^ ^ chairman > shall be the chairman thereof, and the secretary of state and eierk. shall be the clerk thereof. 1 20. The chairman of such board shall administer to ^^^^ ^^ each member thereof, and each member thereof shall take, members of an oath or affirmation in the following form : "You do swear (or affirm, as the case may be) that you will faithfully and impartially execute the duties of a mem- ber of this board according to law ;" and thereupon one of the members of such board, to be appointed by such board for that purpose, shall administer to the chairman thereof an oath or affirmation in the same form as that which shall have been taken by the other members. 121. If the secretary of state shalKbe absent from such ^^ absence of -^ , secretary of meeting at the time appointed therefor, such board shall state a clerk forthwith, after the oaths or affirmations shall have been ^pointed. administered and taken, proceed to appoint a fit person to be the clerk of such board; and before proceeding to canvass and estimate the votes, the chairman of such board shall administer to the clerk thereof, and such clerk shall t?.ke, an oath or affirmation in the following form : "You do swear (or affirm, as the case may be) that you ^j^J^^ °^ will faithfully execute the duties of clerk of this board.'' 122. Such board shall consist of at least five persons, Vacancies iu . . ^ state boards mcludmg the chairman thereof; and if a number of the how filled. ;:• members of the senate, who shall have been summoned as members of such board, sufficient to constitute such board, shall not attend the meeting thereof, it shall be the duty of the governor to summon as miembers of siich board, as many fit persons, who shall possess the qualifications re- quired for members of the senate, as shall be necessary to complete the number required to constitute such board. 123. The secretary of state shall thereupon produce and ^. 1 1 r 1 1 1 11 f f S'ecretary of lay before such board all statements and copies relating state to to such election which he shall have received or obtained ; statements and such board shall then forthwith proceed to make a ?^^^^® ^*^*® board. statement of the result of such election in the state ; which statement shall contain the whole number of the names 68 state board to make and certify statement of result. To deter- mine and certify who are elected. of the voters in all the poll-books in the state, the names of all the persons for whom any vote or votes shall have been given for any office or offices to be filled at such election, and the whole number of the votes which shall have been given to each person for any such office or offices, mentioning the office or offices for which each person shall have been designated, and shall contain the name of each county, the number of names in the poll- books in the counties respectively, the number of votes given for each person in each county for any such office or offices ; and in such statement the name of each person for whom any vote or votes shall have been given, the whole number of votes given for each person, and the name of each county, shall be in words written at full length ; and the whole number of the names of the voters in all the poll-books in the state, the number of the names in the poll-books in the counties respectively, and the number of votes given for each person in each county, may be in figures, and such statement shall be certified to be true and correct, by a certificate appended to the same ; and the chairman of such board shall sign his name thereto, in the presence of the clerk of the board, and such clerk shall attest the signing of the same by such chairman by signing his name thereto; and the statement and certificate appended thereto shall be in a form similar to that hereinbefore prescribed for the board of county canvassers, as far as the nature of such election will admit ; and when the statement and certificate above men- tioned shall have been made and subscribed, such board shall proceed to determine the person or persons who shall, by the greatest number of votes, have been duly elected to the office or offices for which he or they shall have been designated; and thereupon such board shall make a statement of their determination; and such state- ment shall be certified to be true and correct by a certifi- cate which shall be appended to the same; and the chair- man of such board shall sign his name thereto, in the pres- ence of the clerk thereof, and such clerk shall attest the signing of the same by such chairman by signing his 69 name thereto; and the statement of such determination, and the certificate appended thereto, shall be in a form similar to that hereinbefore prescribed for the board of county canvassers, as far as the nature of such election will admit, and shall be annexed to the statement of the result of such election; and both of such statements and ,^ateinont3 certificates shall forthwith be delivered to the secretary etp.^ to be of state, who shall file the same in his office. 124. The clerk or member of the board of election of pissing . . . . statements. any election district, the clerk or the chairman of the to be board of canvassers of any county, or any other person meienges. who shall be in possession of any statement, or copy ol any statement, which shall have been made and sub- scribed under, the provisions of this act, shall forthwith, en application by any messenger who shall have been dis- patched for the same by the secretary of state, deliver to such messenger such statement or copy; and the member of the board of election of any election district, or any clerk or other person who shall be in possession of any statement, or copy of any statement, which shall have been made and subscribed under the provisions of this act, shall forthwith, on application by any messenger who shall have been dispatched for the same by the clerk of such county, deliver to such messenger such statement or copy and such commS?^^^ messenger, in either case, shall be commissioned as such in Jrt^ing ^^ writing, under the hand and official seal of the officer by whom he shall have been dispatched, and shall exhibit his commission to the person to whom he shall apply for such statement or copy; and when he shall have obtained such statement or copy shall forthwith deliver the same to the officer who shall have dispatched him. 125. If the secretary of state shall neglect to produce sta[e^may°^ and lay before such board any such statement or copy ■■« ^"°*- . "^ ^-^ moned to received or obtamed by him, or shall withhold any such produce statement or copy, the chairman of such board shall forth- with summon such secretary to appear and produce and lay before the board such statement or copy, and thereupon such secretary shall forthwith produce and lay the same before such board. ^tatemrents. 70 Statement of result by state board, how made. Offi(|ial nqtlflcatiou of election by secretary of state. All state- ments filed in ofiice of secretary of state. Proceedings of state board to be public. Dissent may be filed. Certification of election of members of the house of represent- atives. 126. Such board shall make the statement of the result of such election in the state, and their determination as to the person or persons who shall have been elected therein upon the statements of the result of such election, or the copies of such statements which shall have been made by the board of county canvassers in the several counties, and laid before such board ; provided, that if it shall appear, by any such statement from any county, that the state- ment of the result of such election in any election district of such county is not exhibited by or included in such statement, such board shall give full force and effect to the statement of the result of such election in such dic- trict, or the copy of such statement, which shall be laid before such board by the secretary of state as is herein- before directed. 127. The secretary of state shall make as many copies of the statement of the determination of such board, and the certificate thereto, as there shall be persons thereby de- clared to be elected; and shall certify such copies to be true, full and correct, by a certificate appended to each, and shall sign his name thereto and affix thereto the seal of the state, and shall without delay, deliver one of the same to each of the persons who shall be so elected. 128. All the statements and copies of statements which shall have been produced and laid before such board shall be delivered to the secretary of state, and be by him filed in his office. 129. The proceedings of such board shall be open and public, and the decision of a majority of the members thereof shall be deemed and taken to be the decision thereof; and if any member shall dissent from such deci- sion, and shall desire to protect himself against any conse- quences which may result therefrom, he shall state his dissent in writing, and deliver the same to the secretary of state, who shall file the same in his office. 130. In case of an election for one or more members of the house of representatives, the secretary of state shall prepare a general certificate of the election of such mem- ber or members, and lay the same before the governor, 71 who shall sign his name thereto, in the presence of such secretary; and such secretary shall attest the signing of the name by the governor by signing his name thereto, and shall thereupon affix the seal of the state thereto, and transmit the same forthwith to the clerk of the house of representatives, if they shall then be in session, and if not in session, then at their first meeting; and in case of an election for electors of president and vice-president of the United States, such secretary shall prepare a general cfirtificate of the election of such electors, and lay the same before the governor, who shall sign his name thereto, in the presence of such secretary; and such secretary shall attest the signing of the same by the governor, by signing his name thereto, and shall thereupon affix the seal of the state thereto, and deliver the same, to the president of the college of electors of this state, on the day and at the time and place appointed for the meeting of such college. Of the election of presidential electors. The Electoral College. 131. The electors of president and vice-president shall Meeting of convene at the state house at Trenton, on the day appointed fS^^^^^ by congress for that purpose, at the hour of three o'clock electors. in the afternoon of that day, and constitute an electoral college ; and, after choosing a president and secretary from their own body, shall proceed to perform the duties re- quired of ithem by the constitution and laws of the United States. 132. When any vacancy shall happen in the college of vacancy in electors of this state or when any elector shall fail to at- coUege, tend, by the hour of three o'clock in the afternoon of the ^^"^ ^"^'^• day fixed by the congress of the United States for the meeting of the college of electors, at the place of holding such meeting, those of the said electors who shall be assem- bled at the said hour and place shall immediately after that hour proceed to fill, by a majority of votes, all such vacancies in the electoral college; provided, that if the members of the electoral college shall have been nominated legislature. 72 and elected as representing different political parties, any vacancy occurring shall be filled by the elector or electors representing the same political party as the absent elector ; ^ and if there shall be no elector present representing the same political party as the absent elector, then such . vacancy shall be filled by a majority of the electors pres- ent, who shall choose some person of the political party which the absent elector represents. Elections to Fill Vacancies. Filling of vacancies^ in j^^. Whenever any vacancy shall happen in the rep- resentation of any county in the senate or general assem- bly, the house in which such vacancy happens shall direct a writ of election for supplying the same, unless such house shall be of the opinion that the services of a person in the office then vacant will not be required during the unex- pired period of the legislative year; but if such vacancy happens during the recess of the legislature, or after the annual election, and not less than fifteen 3ays before the commencement of the legislative year (or a shorter time before such commencement, if the board of chosen free- holders make the requirement hereafter mentioned), it shall be the duty of the governor forthwith to issue a writ of election to fill the said vacancy, unless he shall be of opinion that the services of a person in the office then vacant will not be required during the legislative year, or the residue thereof; but the neglect of the governor to issue a writ for filling such vacancy shall not preclude the house in which such vacancy may have happened from causing the same to be filled, if they judge it advisable; provided, that if the board of chosen freeholders of such county shall signify in writing to the governor, in case such vacancy occurs during the recess of the legislature, or after the annual election, and before the commence- ment of the legislative year, or to such house, when in session, the desire of such board that the vacancy shall be filled, then such house, or the governor, as the case may be, shall forthwith, after such signification, issue such v/rit. 134- If any person who shall be elected a member of the senate or general assembly of this state shall neglect or refuse, for ten days next after the commencement of the session of such house, to take his seat therein, or to send to such house a satisfactory excuse, or shall, during any session of such house, be absent unremittingly for ten days (unless expressly excused by such house from attendance thereon), or shall remove from and cease to be a resident of the state, or of the county for which he may have been elected, his office shall be deemed vacant. 135. Whenever any vacancy or vacancies shall happen in the representation of this state in the house of repre- sentatives, it shall be the duty of the governor forthwith to issue a writ of election to fill such vacancy or vacancies, unless the term of service for which the person or persons whose office or offices shall become vacant will expire within two months next after the happening of such va- cancy or vacancies. 136. Every writ of election which shall be issued under the provisions of this act shall be of the nature of a proc- lamation, and be signed by the governor, or by the presi- dent of the senate, or the speaker of the house of assem- bly, as the case may be, and shall specify the cause and purpose of such election, the name of the officer in whose office the vacancy has occurred, the day on which a special primary election shall be held, which shall be not less than thirty-one nor more than forty days following the date of such proclamation, and the day on which the special elec- tion shall be held, which shall be not less than fourteen nor more than twenty days following the day of the spe- cial primary election. 137. Every such writ shall, by the officer issuing the same, be delivered forthwith to the secretary of state, who shall forthwith affix thereto the seal of this state, and file the same in his office ; and in case such vacancy or vacancies shall have happened in the representation of any county, in the senate or assembly, he shall make, or cause to be made, a copy of such writ, certify the same to be true and correct under his hand, and cause such copy thus What constitutes a vacancy in senate of general assembly. Vacancy in liouse of rep- resenta- tives, how filled. Nature and form of writ of election to fill vacancy. [Amended, P. L. 1913, p. — .] Duties of secretary of state as to writ of election. 74 Duty of county clerk as to writ of election. Vacancy in county oflace, how filled. Special elections, how conducted. certified to be delivered to the clerk of such county, and in case such vacancy or vacancies shall have happened in the representation of this state in the house of represen- tatives, he shall cause as many copies of such writ to be made as there shall be counties or parts of counties in such vacant congressional district or districts, certify each of the same to be true and correct under his hand, and cause one of such copies to be delivered to the clerk of each of said counties. 138. The clerk of each of said counties shall, forthwith after the receipt of any such copy, cause the same to be published at least once a week, until the time of such elec- tion, in at least four of the newspapers which shd^l be printed or published in such county ; and if such election shall be held to fill a vacancy or vacancies in the repre- sentation of such county in the senate or assembly, such publication shall be made at the expense of such county ; and if such election shall be held to fill a vacancy or vacancies in the house of representatives, such publication shall be made at the expense of this state. 139. Any vacancy happening in the office of sheriff, coroner, clerk, register or surrogate of any county, shall be supplied at the general election next succeeding the hap- pening thereof, unless such vacancy shall happen within fifteen days next preceding such election, in which case such vacancy shall be supplied at the second succeeding general election. 140. Every special election shall be conducted by the same election officers and in the same manner as the gen- eral election is or may be conducted ; nominations shall be made for the offices to be filled at such special election in the manner herein provided for the nomination for such offices at the general election, and the register used at the election next preceding such special election shall be used thereat, subject to revision and correction in the same manner as is herein provided for the revision and correc- tion of the register at charter or local elections, with such modifications, if any, as to the times of meeting of the 75 registry boards, as the county board of elections may deem necessary. Contested Elections for Governor. 141. Any person intending to contest the election of contested governor, shall, within thirty days next after such election, election of give notice in writing to the person whose election he in- tends to contest, stating sucli intention, and setting forth the facts, charges and specifications upon which he means to rely; which notice shall be delivered to such person, or be left open at his usual place of residence, with a member of the family over the age of fourteen years. 142. The said contestant shall address and cause to Petition to . . , . , be delivered be delivered to the president of the senate as soon as that to president body shall be organized by the election of a president, a ^^ senate, petition in writing, setting forth that the said petitioner intends to contest the said election of governor, and the facts, charges and specifications upon* which he means to rely, and praying that a joint committee of the two houses of the legislature may be appointed to try the same ; which petition shall be accompanied by the affidavit of the peti- tioner that the facts, matters and things in said petition contained are true, as he verily believes; and shall be also accompanied by due proof that the notice mentioned in the preceding section has been given as is therein directed. 143. Upon the receipt of such petition, verification and President proof, the said president shall immediately give informa- notify both tion thereof to both houses of the legislature, who shall, fegisSture. on a day and hour to be agreed upon between them, not exceeding ten days from the delivery of such petition, convene in the senate chamber, and proceed to appoint such committee. 144. The president of the senate shall preside at such Selection 7 '^ of names meeting ; the names of the members of each house shall be for joint called over, and thereupon the names of the members of the senate present shall be written on distinct pieces of paper, as nearly similar as may be, and each rolled up and put into a box by the clerk of the assembly, and after being 76 Process of perfecting joint committee. Oath. shaken and intermixed, shall be placed on the president's table ; and the secretary of the senate shall then draw from the said box the papers so rolled up, and deliver them singly to the speaker of the house of assembly, who shall open and read them aloud as he receives them, and deliver them singly to the president of the senate, who shall place them open on the table; and the clerk of the house shall take down the names as they are so called in writing, until the number of ten names be drawn, when the drawing shall cease ; the names of all the members of the house of assembly who are present shall then, in like manner, be vrritten on similar distinct pieces of paper, and each rolled up and put into a box by the secretary of the senate, and after being shaken and intermixed, shall be placed on the president's table; and the clerk of the house shall then draw from the said box the papers so rolled up, and deliver them singly to the president of the senate, who shall open and read them aloud as he receives them, and deliver them singly to the speaks of the house, who shall place them open on the table, and the secretary of the senate shall take down the names as they are so called, in writing, until the number of twenty-nine names shall be drawn, when the drawing shall cease. 145. When the names of ten members of the senate and twenty-nine members of the house of assembly shall have been so drawn, a list of the members so selected shall be given to each of the parties, or their counsel, who shall immediately withdraw to some adjoining room, with a clerk or member appointed by the joint vote of the mem- bers present, where they shall proceed alternately to strike oflf the names upon the said list, the contestant striking first, until the number shall be reduced to four members of the senate and nine members of the house of assembly ; and within one hour from the time of so withdrawing, shall deliver to the president of the senate the names of the said thirteen members remaining on the list, who shall constitute a committee to try the matter in controversy, and shall respectively take an oath or affirmation, to be administered by the president of the senate, to try the 77 matter of the petition, and to give true judgment thereon according to evidence; and the time and place for the meeting of the select committee so appointed shall then be directed by the joint vote of the members of both houses, which shall be within twenty-four hours of the appointment. 146. As soon as the list shall have been delivered to the parties aforesaid, the clerk of the house of assembly shall proceed to draw out, one by one,' the names of the remain- ing members of the senate and deliver them singly to the speaker of the house, who shall unfold and read them aloud; and then the secretary of the senate shall in like manner draw out the names of the remaining members of the house of assembly and deliver them singly to the presi- dent of the senate, who shall unfold and read them aloud ; and if any unfairness or mistake shall be discovered therein, then the whole proceeding shall be set aside, and the business be renewed in manner and form as herein- before directed. 147. The committee so chosen shall, on the first meet- ing, elect a chairman from among themselves, and some competent person as clerk, and in case of the sickness, death, resignation or inability to act of either, may choose another in his place ; and in case of the refusal or inability of any member of the committee so chosen to act, the com- mittee shall, by a majority of votes, fill such vacancy by choosing a member to supply his place, if he be a senator, from the senate; if a member of the assembly, from the house of assembly; provided, that no member who was stricken from the list of names drawn shall be eligible to be chosen; and provided, that such vacancy shall be filled before the committee shall have entered upon the hearing of the case. 148. The said committee shall sit from day to day, Sun- days excepted, and attend exclusively to the business be- fore them until they shall have finally decided the case. 149. The said committee shall have power to send for persons, papers and records, to examine all witnesses who may come before them, upon oath or affirmation, to be ad- Balance of names drawn and mistakes • corrected. Organiza- tion of committee. Sessions continued from day to day. Power of committee. 78 Ltetermina- tion of committee to be recorded on journal of senate and house. Proceedings public. Witness fees, clerk's com- pensation, expenses. ministered by the chairman; and any person guilty of 'taking a false oath or affirmation before them, or of pro- curing another to do so, shall, upon conviction, be liable tc the same punishment as persons convicted of perjury are liable to by law; the committee may require the pro- duction of ballot-boxes with their contents, and may examine and recount, if necessary, the ballots cast in any district or districts. 150. All determinations of the said committee shall be by a majority of votes; as soon as the said committee shall have determined whether the election or return re- ferred to them is legal and valid, or the contrary, and who, if anyone, is duly elected to the said office of governor, the chairman shall make two reports thereof in writing, one of which he shall deliver to the president of the senate and the other to the speaker of the house of assembly which reports shall be entered on the journal of the respec- tive houses, and shall be final and conclusive, and the person adjudged to be elected shall be entitled to the office; and if no one shall be adjudged to be elected, then the office shall be declared vacant. 151. The proceedings of the committee shall be con- ducted publicly; the parties shall be at liberty to appear before them in person, or by counsel, and examine and cross-examine the witnesses produced, and be heard upon the questions- that arise in the case. 152. Witnesses attending by order of the committee shall have the same fees as are allowed at law ; the clerk of the committee shall be allowed compensation at the rate of ten dollars per diem, but no fees ; and all expenses in- curred shall be taxed by the committee and paid by the treasurer on the certificate of the chairman. Contested Elections for Members of the Legislature and Congress. Notice of 153. If any person shall intend to contest the right of eSon ""ot any person who shall have been declared to be duly elected legislator or member of the senate, a member of the general assembly congressman. 79 or a member of the house of representatives of the United States, to a seat in the house of which he shall have been declared to be elected a member, the person intending shall, within thirty days next after the day of such election, give r.otice in writing of such intention to the person whose seat he shall intend to contest; which notice shall be delivered to such person, or shall be left open at his usual place of residence, with one of the family above the age of four- teen years, and such notice shall particularly set forth the ground or grounds on which such seat will be contested. 154. The judges of the court of common pleas, the com- ^^'}^ ^^^ missioners to take bail and affidavits in the supreme court, testimony pTi/i issiip and the mast "s in chancery, respectively, shall have power, f^jubpoenas and are hereby required at any time, on application to nesseT^" them by any person who shall intend to contest the right to a seat as above mentioned, or whose right to a seat shall be contested, to issue a subpoena or subpoenas to any person or persons whose testimony the person so applying shall be desirous to take, and to appoint some time, not less than ten nor more than twenty days after such appli- ^l^^l to^be cation shall be made to him, and some place for the exami- fl^ed for examining nation of such person or persons ; provided, that no officer witnesses. shall issue any such subpoena or appoint such time, unless He shall be satisfied that such notice has been given as is directed in the preceding section of this act. 155. When such time and place shall have been ap- time^and pointed, the person who shall have made such application examination shall forthwith give at least eight days' notice of such time to be given, and place, and of the name of the officer who is to take the testimony, to the opposite party ; which notice shall be in writing, and shall contain the name or names of the witness or witnesses intended to be examined, and shall be given in the same manner as the notice of contest of such election hereinbefore mentioned is directed to be given. 156. At the time and place which shall have been so ap- how taken.' pointed, the officer appointing them shall attend and take the deposition or depositions of such person or persons as 8o shall appear before him; which deposition or depositions shall be taken in writing, and shall be signed by the per- son or persons, respectively, who shall be examined; pro- 7.'ided, that such officer shall not proceed to take the testi- m.ony of any person unless he shall be satisfied that such notice has been given, as is hereinbefore directed, and that he shall take the testimony of no other person than such as shall be mentioned in such notice ; and that no tes- timony shall be taken which shall not relate to some ground of contest specified in the notice which shall have been given, as is hereinbefore directed. Depositions, how disposed of. 157. The officer who shall take any such deposition or depositions shall certify the same under his hand and shall inclose, seal up and transmit or deliver the same, in case the intended contest shall relate to a seat in the senate, to the president of that body ; in case it shall relate to a seat in the general assembly, then to the speaker of that body, and in case it shall relate to a seat in the house of repre- sentatives of the United States, then to the speaker of that body. Penalty for not obeying subpoena. Proceedings on attach- ment for contempt. 158. It shall be the duty of every person upon whom .a subpoena, issued under and by virtue of this act, shall have been served, and to whom the lawful fees shall have been paid or tendered, to obey the command of such subpoena, under the penalty of fifty dollars, to be sued for and re- covered, with costs, in an action of debt, before any court of competent jurisdiction, by the person on whose -appli- cation such subpoena shall have been issued; proznded, that no person shall in any case be required to attend any such examination as a witness out of the county in which he resides ; and if any person duly subpoenaed as afore- said shall neglect or refuse to obey the command of such subpoena, it shall be lawful for any justice of the supreme court or judge of the court of common pleas, on due proof by affidavit of the service of a subpoena on such witness, and of the payment of his legal fees, and of his refusal or 8i neglect to obey the command of said subpoena as afore- said, to issue an attachment against such person to bring him before said justice or judge; and the said justice or judge shall have power to proceed against said witness as for a contempt of said court. Recount of Votes. 159. Whenever any candidate at any election shall have (.g^^^jj^^^gg 1 eason to believe that an error has been made by any board may apply , J for recount. of elections or of canvassers m countmg the vote or de- claring the vote of such election, or whenever any citizen shall have reason to believe that an error has been made by any board of elections or of canvassers in counting the vote or declaring the result of any election upon any refer- endum or question submitted to the electors, whereby the result of such election has been changed, such candidate or such citizen may, within ten days, after such election, apply to any Justice of the Supreme Court, who shall be p^^J^^^^i^gog^ authorized to order and cause, upon such terms as he may p- ^i-l deem proper, a recount of the whole or such part of the \otes as he may determine, to be publicly made under his direction by the county board of elections, after due notice by such candidate to the parties interested of the time and place of such recount ; and. if it shall appear upon such if error recount that an error has been made sufficient to change ^^g^f® the result of such election, then such Justice in case of justice to candidates shall revoke the certificates of election already certificate issued to any person, and shall issue in its place another ^^^ ^^^^ certificate in favor of the party who shall be found to have received a majority of the votes cast at such election ; and in case of referendums or questions shall make a cer- jjj ^ase of tificate that the result of such election be corrected ; which referendum, certificates shall supersede all others and entitle the holder thereof to the same rights and privileges as if said cer- tificates had been originally issued by the canvassing board ; said Justice shall have power to decide all disputed ques- 82 Applica- tion. Proviso, New cer- tificate to be filed and certified, copies made, etc. Expenses of recount, how provided for. tions which the board shall fail to decide by a majority vote thereof, (a) 159b. The foregoing provisions shall apply to any elec- tion held upon any referendum or question at the last gen- eral election ; provided, application shall be made for such recount v\rithin thirty days after the passage of this act. 160. Whenever any such certificate shall be issued by any justice of' the supreme' court, the same shall be filed with the clerk of the county or municipality in and for vvhich such election was held; and such clerk shall make and certify, under his hand and official seal, a copy thereof, and shall without delay deliver such copy to the person who shall be so declared elected; and in case of an election for senator, members of the assembly or any county ofii- cers, the county clerk shall within five days thereafter transmit to the secretary of state at Trenton another copy of such certificate, signed by him and attested by his official seal. 161. Any applicant for such recount upon applying therefor shall deposit with the county clerk such sum as such justice shall order as security for the payment of the expenses of such recount, or if such justice shall so order, shall file with the county clerk a bond to the incumbent, v/ith two or more sureties, to be approved by such justice, in such sum as he may require, conditioned tO pay all costs and expenses in case the original count be confirmed, or the result of such recount is not sufficient to change the result; the said justice shall fix and determine the amount of compensation to be paid for making such recount of (a) Application was madfe to Justice Dixon for a recount of ballots cast in Passaic county for slieriflf. At the time of the application John W. Sturr had heen declared elected, and had received nis com- mission from the Governor. Justice Dixon held that it was too late to order a recount: that the certificate of election issued by the board of election had been superseded by the Governor's commission, and that while, under the authority of the above section, a justice of the supreme court may. in a proper case, revoke a certificate of election, that power can be exercised only before the certificate of election becomes thus superseded. See New Jersey Laio Journal, January, 1901, p. 411. Under the 150th section, reason to believe that an error suffi- cient to change the result of the election has been made, and prob- able grounds of such belief are all that are necessary to give .luris- diction to the justice. In re Election of Register of Essex County, 12 Ncic Jrr.^ri/ 7, aw Journal 271. 83 the ballots, and the costs and expenses thereof; and if it shall appear that an error sufficient to change the result has been made, then the expenses of such recount shall be paid by the county or municipality in and for which such election was held, upon the warrant of said justice, the same as other election expenses are paid; but if no error shall appear sufficient to change such result, then the ex- penses of such recount shall be paid by the party making the application. Contested Elections for County, Township, City or Other Municipal Offices. 162. The several circuit courts of this state shall have in'^'^on^'e^tTd jurisdiction to hear and determine all cases in which the election 1 • r rr rr caseS f OF election of any officer or officers ot any county, city, bor- county and or.gh, village, township or other municipality may be con- ^^e"^^ tested, and for that purpose the said courts shall always be open ; such contest shall be commenced by filing a petition therefor within thirty days after any such election shall be held. (a) ffl) Section 162. giving jurisdiction to circuit courts to hear and determioe contested elections, does not repeal a city charter provision that the city council sliall be the sole judge of the election, returns and qualifications of its own members. Henry v. Camden, 13 Vroom 335. But see In re The Recount of the Thirteenth Ward Votes of yen ark, 13 Xeic Jersey Laic Journal 10. The power of revision given to circuit courts by this section can be exercised only with reference to the grounds of contest enumerated in the act. In such procedure the constitutionality of the law cannot be adjudged. BiUingham v. Mount, 14 Vroom 470. Section 162 confers upon the circuit court jurisdiction in cases of contested elections for city officers. McCoy v. Boyle, 22 Vroom 53. Justices of the peace are county officers within the meaning of this section. Gage v. Clark, 22 Vroom 97. The pro- vision in section 162 and the following sections relating to the trial before the circuit courts of contested election cases, is not unconsti- tutional, .^'uch trials are conclusive only for the time being, and do not prevent a retrial on quo warranto. The act does not give the right to a trial by jury. Conger v. Conrery, 23 Vroom 417, 444. As to the admission in evidence of the ballot-box and its contents, and the admission of the testimony of an expert on the workings of a ballot-box, see Convery v. Conger, 24 Vroom 469, 65S and 663. In the petition presented under sections 162 to 177, the particular cir- cumstances of the case must be set forth in such manner as will enable the court to see that the case is within the statute and will enable the incumbent properly to prepare for his aetence. It is not enough to show that illegal votes were received in greater number than the plurality returned for the incumbent : there must also be shown circumstances rendering probable, prima facie, a conclusion that these illegal votes were cast for the incumbent. Lehlhach v. 84 Grounds of contest. Fraud, etc. Ineligibility. Conviction of certain crimes. 163. Such election may be contested upon one or more of the following grounds, viz. : I. Malconduct, fraud or corruption on the part of the members of the board of election in any election district, or of any members of the board of county canvassers, sufficient to change the result ; II. When the incumbent was not eligible to the office at the time of the election ; III. When the incumbent had been duly convicted before such election of anv crime which would render him incom- Haynes, 25 Vroom 77 ; and see, also, Lippincott v. Fclton, 32 Vr. 291. A petition for a recount of an election for fraud in one district will not autiiorize the court to try the question of fraud in another district. If the answer sets up new matter constituting a distinct charge to be investigated by the court, it must be in writing, in detail, and under oath. The petition must be under oath and in detail, and must be endorsed (or signed) by fifteen electors, and duly veri- fied. It must give the names of those whose votes were improperly rejected, if known, and if not known, such fact must be alleged. Burroughs v. Brunning, 9 New Jersey Laic Journal 110. There is a difference between the requisites of a petition under section 159 ante and section 162 above. Under section 159, reason to believe, and probable grounds of belief, are all that are necessary to give juris- diction to the court ; under section 162, it is only upon certain speci- fied grounds that relief can be had. which grounds are set forth in section 163. In re Glection of Register of Essex Comity 12 New Jersey Law Journal 271. In a contested election case under section 162 and the succeeding sections, the admission by the incumbents of the facts stated generally in the petition is- not sufficient basis for a final judgment. The aflidavit annexed to the petition must show means of knowledge in the affiant of the facts sworn to, and must state particular facts and not mere belief. The dismissal of one petition is not a bar to the filing of other petitions by the same con- testant. Gieary v. Kendall, 13 Neiv Jersey Law Journal 134. See, also, Gieary v. Kendall, 24 Vr. 130. The oath or affirmation required by section 166 should be made by persons cognizant of the particnilar circumstances alleged in the petition, and should attest the truth of those allegations. Johnson v. Allen, 26 Vr. 400. A judgment of the supreme court rendered on an appeal taken to the supreme court from the judgment of any circuit court in a contested election case, cannot be reviewed by tlie court of errors and appeals on a writ of error. See General Statutes, p. 1394, section 24, and O'Brien y. Benny, 29 Vr. 189. The incumbent is not bound to file any answer to the con- testant's petition. Lippincott v. Felton, 32 Vr. 291. The petition must be verified not only as to the grounds and circunistances of the contest, but also as to the fact that at least fifteen of the petitioners are qualified voters as required by the one hundred and sixty-sixth .section. Smith v. Smith, 41 Atl. Rep. 753. It is not necessary that the petition shall set fortli the reason for rejecting ballots by the canvassers, and in the affidavit verifying the petition the particulars of the case need not be set forth. Hackett v. Mayhcw, 33 Vr. 481. At an election for village trustee four of the ballots counted for Ira A. Kip, Jr.. read respectively, "Ira A. Kipp," "I. Kip, Jr.," "Ira A. Kip," and "Kipp," and it was held that they were erroneously counted for Ira A. Kip, Jr. Weeks v. Kip, 35 Vr. 61. 85 petent to exercise the right of suffrage, and the incumbent had not been pardoned at the time of the election; IV. When the incumbent had given or offered to any elector or any member of a board of election, clerk or canvasser, any bribe or reward, in money, property or thing of value, for the purpose of procuring his election ; V. When illegal votes have been received, or legal votes rejected at the polls sufficient to change the result; VI. For any error in any board of canvassers in count- ing the votes or declaring the result of the election, if such error would change the result; ' VII. For any other cause which shows that another was the person legally elected. (a) 164. The term "incumbent" in this act means the person whom the canvassers declare elected; but in case of a tie vote either party may contest the election, in which case the term "incumbent" means the person having an equal number of votes with the contestant. 165. When the misconduct complained of is on the part of the members of the board of election in any election district, it shall not be held sufficient to set aside the elec- tion, unless the rejection of the vote of such district would change the result as to that office. 166. The contestant shall file a petition in writing signed by himself and at least fifteen qualified electors of the county, township or municipality in and for which such election was held, as the case may be, setting forth one or more of the causes specified and the particular circum- stances of the case, duly verified by the oaths or affirma- tions of at least two of said petitioners, which shall be filed with the clerk of said court, together with a bond to the incumbent, with two or more sureties, to be approved by the justice holding such circuit, in the penal sum of five hundred dollars, conditioned to pay all costs in case the election be confirmed, or the petition be dismissed or the prosecution fail. Bribery. Illegal voting, etc. Error in canvassing. Other causes. Definition of "incumbent" Effect of misconduct of board of election. Contestant to file petition and bond. (a) As to the sufficiency of a petition filed under the authority of this clause, see Oroth v. Schlemm, 23 Netc Jersey Late Journal 238. 86 Contents of petition. Time appointed for hearine. Trial at appointed time unless adjourned. 'Proceedings as in action at law. Attendance of witnesises and produc- tion of ballots, etc., compulsory.. Witness compelled to testify as to his qualifi- cation to vote, etc. 167. When the reception of illegal or the rejection of legal voters is alleged as a cause of contest, the names of the persons who so voted, or whose votes were rejected, Vvith the election district where they voted, or offered to vote, shall be set forth in the petition, if known ; the court shall appoint a suitable time for hearing such complaint, not more than thirty nor less than fifteen days thereafter; and the contestant shall cause a notice of such trial, with a copy of the contestant's petition, to be served on the in- cumbent at least ten days before the day set for trial. 168. The trial shall proceed at the time appointed unless postponed for good cause shown by either party by affi- davit, the terms of which postponement shall be in the discretion of the court; provided, the court may, for its own necessity or convenience, adjourn to such time, not more than thirty days thereafter, as it may see fit, of which adjournment the parties interested shall take notice. 169. The proceedings shall be similar to those in an action at law so far as practicable, but shall be under the control and direction of the court, which shall hear and determine the matter without a jury, with power to order any amendments in the petition or proceedings as to form, and to allow adjournments to any time not more than thirty days thereafter for the benefit of either party, on such terms as shall seem reasonable to the court, the grounds for such adjournment being shown by affidavit. 170. The said court shall have authority and power to compel the attendance of any officer of such election, and of any other person capable of testifying concerning the same, and also to compel the production of all ballot-boxes, books, papers, tally lists, ballots and other documents which may be required at such hearing; the style, form and manner of service of process and papers, and the fees of officers and witnesses, shall be the same as in the circuit court in other cases, as far as the nature of the case admits. 171. The court may require any person called as a wit- ness who voted at such election, to answer touching his qualification as a voter, and if the court, from his examina- tion, or otherwise, is satisfied that he was not a qualified 87 \oter in the election district where he voted, then the court can compel him to answer for whom he voted; and if the witness answers such questions no part of his testimony on the trial shall be used against him in any criminal pro- ceeding. 172. The contestant and incumbent shall be liable to the officers and witnesses for the costs made by them, respec- tively ; but if the election be confirmed, or the petition dis- missed, or the prosecution fail, judgment shall be rendered against the contestant for costs; and if the judgment be against the incumbent, or the election be set aside, then he shall pay the costs at the discretion of the court ; and after the entry of the judgment of the court the costs may be collected by attachment or otherwise. 173. The court shall pronounce judgment whether the incumbent or any contestant was duly elected, and the per- son so declared elected will be entitled to his certificate ; if the judgment be against the incumbent, and he has already received the certificate of election, the judgment shall annul it; if the court find that no person was duly elected, the judgment shall be that the election be set aside. 174. When either the contestant or incumbent shall be in possession of the office, by holding over or otherwise, the court shall, if the judgment be against the party in possession of the office, and in favor of his antagonist, issue an order to carry into effect its judgment, which order shall be under the seal of the court, and shall com- mand the sheriff of the county to put the successful party into possession of the office without delay, and to deliver to him all books, papers and effects belonging to the same. 175. The party against whom judgment is rendered may appeal for error of law only, within twenty days, to the supreme court, (a) but such appeal shall not supersede the execution of the judgment of the court, unless the Liability for costs. Judgment given by court. Successful party to bo put into possession of office. Appeal may be taken to supreme court. (a) At a township election fourteen ballots were cast, on which a person had written his own name as a candidate in a blank space under the words "Chosen Freeholder." Held, that the question whether these ballots were invalid as marked ballots was one of fact for the circuit court, in proceedings under section 162, and that the decision •of that court thereon could not be reviewed on appeal to Supreme Court. Hackett v Mayheir, 33 TY. 481. 88 Appeal to have precedence on calendar. If appeal be affirmed, judgment of circuit court to be enforced. party so appealing shall become bound to the other party by recognizance, as provided in the thirteenth section of the act entitled "An act respecting writs of error" (Revi- sion), approved March twenty-seventh, eighteen hundred and seventy-four; provided, the amount of such recogniz- ance §hall be fixed by the judge who presided at the trial, and shall be at Jeast double the probable compensation of such officer for six months. 176. Such appeal shall take precedence over all other causes upon the calendar, and shall be set down for hear- ing, and determined upon the first day of the term, unless otherwise ordered by the court for its convenience; pro- vided, that the appellant shall give ten days' notice of argu- ment, unless the judgment of the circuit court shall not have been given in time to notice such appeal for trial on the first day of the term, in which case the same may be noticed for any other day in the term, and shall have the same precedence on such other day. 177. If, upon appeal, the judgment be affirmed, the judge who presided at the trial, or in his absence or inability to act, any justice of the supreme court, shall order the judgment of said circuit court to be enforced, if the party against whom judgment is rendered is in possession of the office; and the proceedings on the re- cognizance shall be as provided for in other cases in said supreme court. Compensation of Election Officers and Expenses of Election. Compensa- tion to countj' and municipal clerks. 178. Supplemented by P. L. 191 1, p. 283, sees. lo-ii. See sec. 37, post. 179. For the duties and services imposed upon and re- quired of them by this act, the county clerks of the several counties and the clerks of the dififererit cities, townships and other municipalities, shall be paid out of the county funds of their respective counties, or .the funds of their respective municipalities, as the case may be, a fair and reasonable compensation, to be ascertained and determined, 89 in the cases of the county clerks, by the boards of chosen freeholders of their respective counties, and in case of said municipal clerks, by the governing bodies of their respec- tive cities, townships or municipalities. 1 80. All costs, charges and expenses incurred by the county and municipal clerks in carrying out the provisions cf this act * * ♦ including the charges and expenses incurred for rooms for polling places and fitting up and arranging the same, the compensation of the district boards of registry and election and all other expenses 'incurred by any officer or person duly authorized in carrying out the provisions of this act, shall be regarded as election ex- penses and shall be paid in the case of the general election or any special election held in and for the w^hole county, by the respective counties, and in case of all other elections by the respective municipalities in and for which they are held, in the same manner as other county and municipal expenses are paid; but all bills before being paid shall be itemized and verified by the oath of the claimant and audited and approved by the clerk of the county, township, city or municipaHty w^ho contracted the bill charged for; provided, that nothing herein contained shall be construed as permitting compensation to any election agent or chal- lenger; and the board of freeholders in each county shall include in their annual tax levy a sum sufficient to pay all the election expenses, and a reasonable compensation for the services of the county board of elections, the amount oi which shall be determined by the board of chosen free- holders ; provided, also, that the member of said county board of elections who shall be the secretary thereof, may receive an additional compensation not exceeding oi^e-third cf the compensation of the individual members of said board, except in counties of the first class, where there shall be a clerk of said board who shall receive such com- pensation as shall be fixed by said board of freeholders; provided, that the expense of the advertising and publica- tion prescribed by section seven of this act shall be charge- able to and paid by the respective townships, cities or other municipalities whose clerks shall cause the prescribed ad- Provision for expenses incurred by county and municipal clerks and other officers. See sec. 10 post. [Amended, P. L. 1910, p. 474.] Proviso. Proviso. Proviso. 90 vertising and publicatioi), and the board or body having charge of th^ finances pf the respective townships, cities or other municipaHties shall include in their annual tax levy a sum sufficient to pay the expense of said prescribed advertising and publication. Congressional Districts. Election of representa- tives. i8i. [This section is wholly superseded by P. L. 1912, chap. 411, contained in section 239, post.'] 182. Each of sajd districts shall elect one person to represent this state in the house of representatives of the United States, which election shall be held on the Tuesday next after the first Monday in November, in the year one thousand eight hundred and ninety-eight, and on the Tues- day next after the first Monday in November in each sec- ond year thereafter. Miscellaneous. Qualifica- tions of representa- tives and presidential electors. What offices are incom- patible. 183. No person shall be elected a member of the house of representatives, or an elector of president and vice- president, who shall hold any office of trust or profit under the United States ; and no person shall be elected to the office of such elector who shall hold the office of senator or member of the house of representatives of the United States. 184. No person shall hold at the same time more than one of the following offices : Elector of president and vice- president of the United States, member of the house of representatives of the United States, member of the senate or of the general assembly of this state, county clerk, regis- ter, surrogate, sheriff or coroner; and if any person who shall have been elected or appointed to any such office shall, during the term for which he shall have been elected or appointed, be elected or appointed to another of such offices, and shall accept the same, such acceptance shall be deemed to make vacant the office to which he shall have been previously elected or appointed; and if any person 91 shall, at any election, be elected to two or more of such offices, he shall accept but one of the same, and the other or others shall be deemed vacant. 1 85. When by the provisions of any statute the decision of any question has been or shall be submitted to the deci- sion of a majority of the legal voters of this state or of any nbdivision thereof ; or when the approval of. a majority or" the legal voters of this state or of any subdivision thereof is required in any statute before such statute takes effect or before any prescribed action or proceeding under such statute shall be valid and lawful, it is hereby declared that the intent and meaning in any such statute of the w ords ''legal voters" are persons entitled to vote, and who do vote, at the time and in the manner prescribed in and by such statute upon the question or proposition sub- mitted ; and that for the purpose of ascertaining what is a majority of the legal voters of any district defined in such statute, upon the proposition therein directed to be sub- mitted, the persons who do not vote at such election shall not be. estimated, counted or considered for the purpose of ascertaining what is a majority of the legal voters in such district, with respect to the proposition submitted; such votes shall be estimated and canvassed, and the result thereof determined by the several boards of election and boards of canvassers in the same manner as the results of ether elections are estimated, canvassed and determined. 186. The board of election in each election district, the board of county canvassers in each county, and the board of state canvassers shall, respectively, possess full power and authority to maintain regularity and order, and to enforce obedience to their lawful commands during their sessions respectively; and if any person shall refuse to obey the lawful command of any such board, or by dis- orderly conduct in their hearing or presence shall interrupt or disturb their proceedings, they may by an order in writing, signed by the chairman and attested by the clerk of such board, commit the person so offending to the com- mon jail of the county in which they shall have met, for a period not exceeding three days, and such order shall be Who are intended by "legal voters" in questions submitted for decision. Police power of state, county and district boards. 92 executed by any sheriff or constable to whom the same shall be delivered; or if a sheriff or constable shall not be present or shall refuse to act, by any other person who shall be deputed by such board in writing, and the keeper of such jail shall receive the person so committed, and safely keep him for such time as shall be mentioned in the commitment. Betting, etc., 1 87. No person shall make, lay or deposit any bet, unlawful. wager or stake, to be decided by the result of any election, by the election or defeat of one or more persons at any election, or by any contingency connected with or growing out of any election; and all contracts for or on account of any money, property or thing in action so bet, wagered or staked shall be void ; and any person who shall pay, deliver . or deposit any money, property or thing in action upon the event of any bet, wager or stake prohibited by this section, may sue for and recover the same of the winner or win- ners, or person or persons, to whom the same, or any part thereof, shall have been paid or delivered, or with whom the same, or any part thereof, shall have been de- posited, whether he or they shall have been a stakeholder or stakeholders, or other person or persons, whether or not the same shall have been paid over by such stake- holder, or whether or not such bet, wager or stake shall have been lost. Crimes and Penalties. Penalty for 188. If any person shall be guilty of willful and corrupt falsely. false Swearing or affirming, or by any means shall willfully and corruptly suborn or procure any person to swear or affirm falsely, in taking^ any oath, affirmation or deposi- tion prescribed or authorized by this act, he shall be deemed and taken to be guilty of a high misdemeanor, and, on conviction thereof, shall be punished by a fine not ex- ceeding eight hundred dollars or imprisonment at hard labor not exceeding seven years, or both, at the discretion of the court, and be deemed and taken to be an incompe- 93 tent witness thereafter for any purpose within this state, until such time as he shall have been pardoned. 189. Supplemented by P. L. 191 1, c. 188, sec. 31. See paragraph 409, post. 190. If any person shall rob or plunder any ballot-box, Penalty for cr unlawfully and by stealth or violence take the same or bauot-boxes, remove therefrom any ballot * * * qj- other paper, ^*^- or exchange, alter or destroy any ballot * * * or other paper contained therein, or if any person other than the clerk of any county or the secretary of state, shall willfully and corruptly suppress, withhold, mutilate, de- stroy, alter or change any return, stattment or certificate, or any copy thereof, which shall have been made in pur- suance of this act, and delivered to him to be filed, or which shall have been entrusted or delivered to him to be delivered or transmitted to any other person or persons in pursuance of this act, every such person, his aiders, pro- curers and abettors, shall be deemed and taken to be guilty of a misdemeanor, and on conviction thereof shall be pun- ished by a fine not exceeding five hundred dollars, or by imprisonment at hard labor for any term not exceeding two years, or both. 191. Supplemented by P. L. 191 1, c, 188, sec. 31. See paragraph 409, post. 192. In addition to the penalties provided by law for the Penalty for unlawful sale or offer to sell or exposure for sale of any l^^^^^ qq spirituous, vinous, malt or intoxicating liquors on any election day. election day, every person so offending, for every offense, shall forfeit and pay the sum of one hundred dollars, to be sued for and recovered in an action of debt in any court having jurisdiction of that amount, by any citizen of this state, resident in the county where such offense shall be committed, one-half of which penalty shall, when col- lected, be paid to the county collector of said county where said offense is committed for the benefit of said county, and the other half to the person who shall prosecute for the same. o • . . 1 . . . ,. Penalty for 193. Spirituous, vinous, malt or intoxicating liquors having shall not be brought by any person into the poUing place pomng ^piac-e. 94 Duty of peace officers re- garding sale of liquor on election day. Penalty for destroying certificate of nomination, etc. Penalty for hindering voters, destroying ballots, etc. on the day of election, or on any day of registry during the hours that the election or registration is in progress, nor during the counting or canvassing of the votes ; any violation of the provisions of this section shall be a misde- meanor, punishable by a fine not exceeding one hundred dollars or imprisonment not exceeding two months, or both. 194. It shall be the duty of all sheriffs, under-sheriffs, police officers and constables, on any election day, during the hours of election, to arrest without warrant all persons who shall be found by them in the actual violation of any law prohibiting the sale, or offer to sell or exposure for sale, of any spirituous, vinous, malt or intoxicating liquors on any election day, and take such person when arrested before some recorder, police justice or justice of the peace of the county in which such arrest shall be made, to be, dealt with by him according to law ; and it shall be the fur- ther duty of such sheriffs, under-sheriffs, police officers and constables, to effectually close up all places where they shall have good reason to believe any spirituous, vinous or malt liquors, ale, beer or cider, are being sold or oft'ered or exposed for sale or given away, and keep the same effectu- ally closed up till after such election. 195. No person shall falsely make, or make oath to, or fiaudulently deface or fraudulently destroy any certificate of nomination or petition, or any part thereof, or file, or receive for filing, any certificate of nomination or petition, knowing the same or any part thereof to be falsely made, or suppress any certificate of nomination or petition which has been duly filed, or any part thereof, or forge or falsely make the official indorsement of any ballot; * '^' * every person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon convic- tion thereof shall be punished by imprisonment for not more than five years. 196. No person shall, during the election, with intent to hinder or delay said election, or to hinder or delay any voter in the preparation of his ballot, remove or destroy any of the ballots or pencils placed in the booths or com- 95 partments for the purpose of enabling the voter to pre- pare his ballot; * * * any person willfully violating any of the provisions of this section shall be deemed guilty of a rrrfsdemeanor, and on conviction thereof shall be pun- ished by fine not exceeding five hundred dollars and im- IiriKonment until such fine and the costs of the conviction' afe paid. 197. Supplemented by P. L. 191 1, chap. 188, sec. 31. See paragraph 409, post, 198. No person shall, within the polling-room, show his ballot after it is prepared for voting to any person in such a way as to reveal the contents, nor shall any person within the polling-place or within a hundred feet thereof solicit the voter to show the same ; no voter, at any election where official ballots are used, shall knowingly vote or offer to vote any ballot except an official ballot * * * as by this act required, nor shall any voter at any election where official ballots are not used, vote or ofifer to vote any ballot ; * * * any person violating any of the foregoing provi- sions of this section shall incur a penalty of twenty-five dollars for each offense, to be recovered by action of tort, before any court of competent jurisdiction, by any person who bona fide shall first bring suit therefor ; no voter shall place or permit to be placed any mark upon the face or back of his ballot ^ * * by which the ballot * * * may afterwards be identified by any other person as the one voted by him ; whoever shall violate this last-mentioned provision of this section shall be deemed guilty of a mis- demeanor, and on conviction shall be punished by a fine not exceeding five hundred dollars, or imprisonment not exceeding one year, or both, at the discretion of the court. 199. If any printer employed by any county or munici- pal clerk to print the official ballots * * * fQj. such clerk, or any person engaged in printing the same, shall appropriate to himself or give or deliver or knowingly per- mit to be taken any of said ballots * * * by any other person than such county or municipal clerk or his duly authorized agent, or shall print or cause to be printed any official ballot ''' * * in any other form than that pre- Penalty upon voter for revealing contents of his ballot. For not using official ballots. For marking ballot. Penalty for violation of duty by printer. 96 Penalty for marking ballots. Penalty if member of board re- veals how any person has voted. scribed by such county or municipal clerk, or with any other names thereon, or with the names spelled or the names or printing thereon arranged in any other way than that authorized and directed by this act, such person so offending shall be guilty of a misdemeanor, and on con- viction thereof shall be punished by a fine not exceeding one thousand dollars or imprisonment not exceeding five years, at the discretion of the court. 200. If any person shall write, paste or otherwise place upon any official ballot * * * ^ny mark, sign or de- vice of any kind as a distinguishing mark whereby to indi- cate to any member of any election board or other person how any voter has voted at any election, or if any person shall induce or attempt to induce any voter to write, paste or otherwise place on his ballot * ^k * ^j^y mark, sign or device of any kind, as a distinguishing mark by which to indicate to any member of any election board or other person how such voter has voted, or shall enter into or attempt to form any agreement or conspiracy with any other person to induce or attempt to induce voters or any voter to so place any distinguishing mark, sign or device on his ballot, ^ * * whether or not said act be com- mitted, or attempted to be committed, such person or per- sons so offending shall be guilty of a misdemeanor, and being thereof convicted, shall be punished by fine not ex- ceeding five hundred dollars or imprisonment not exceed- ing one year, or both, at the discretion of the court. 201. If any member of any board of election have knowl- edge how any person has voted and shall reveal such knowledge to any other person, or shall fraudulently or corruptly disclose what other candidates were voted for en any ballot bearing a name not printed thereon, or fraudulently or corruptly give any information concerning the appearance of any ballot * * * voted, such per- son so offending shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceed- ing two thousand dollars or imprisonment not exceeding five years. 97 202. If any person shall, directly or indirectly, by him- self or by any other person in his behalf, give, lend or agree to give or lend, or shall offer, promise or promise to pro- cure, or endeavor to procure, any money or other valuable consideration or thing to or for any voter, or to or for any person, in order to induce any voter to vote or refrain from registering for any election, or shall corruptly do or commit any of the acts in this section mentioned on account of any such voter having voted or refrained from voting at an election, or registered or refrained from registering at an election, such person so offending shall be guilty of a misdemeanor, and, on conviction thereof, shall be pun- ished by a fine and imprisonment, or both, at the discre- tion of the court, the fine not to exceed two thousand dol- lars, and the imprisonment not to exceed five years. 203. Any person who shall directly or indirectly, by himself or by any other person in his behalf, give or pro- cure, or agree to give or procure or offer or promise to procure, or endeavor to procure any office, place or em- ployment to or for any voter, or to or for any person on behalf of such voter, or to or for any other person, in order to induce such voter to vote or refrain from voting, or to register or refrain from registering, or shall cor- ruptly do any act as aforesaid on account of any voter having voted or refrained from voting, or having regis- tered or refrained from registering for any election, shall be guilty of a misdemeanor, and being thereof convicted, shall be punished by fine not exceeding two thousand dol- lars, or imprisonment not exceeding five years, at the dis- cretion of the court. 204. Supplemented by P. L. 191 1, chap. 188, sec. 25 (i). Paragraph 403, post. 205. Any voter who shall directly or indirectly, by him- self, or by any other person on his behalf, receive, agree or contract for any money, gift, loan or valuable consid- eration, office, place or employment for himself or for any other person for voting or agreeing to vote, or for refrain- ing or agreeing to refrain from voting at any election, or for registering or agreeing to register, or for refraining or Penalty for inducing person to vote or re- frain from registering by promise of reward. Penalty for promise of employ- ment, etc., to a voter. Penalty for agreeing to receive money, em- ployment, etc. 9S Penalty for influencing an employe by threat, etG. Penalty for obstructing polling place. for agreeing to refrain from registering for any election, shall be guilty of a misdemeanor, and being thereof con- victed, shall be punished by fine not exceeding one thou- sand dollars, or imprisonment for not longer than one year, at the discretion of the court. 206. Any employer of any workmen, or any agent, su- perintendent or overseer of any company or corporation employing workmen, or any person whosoever, who shall directly or indirectly, by himself or by any other person in his behalf or by his direction, make use of or threaten to make use of any force, violence or restraint, or inflict cr threaten to inflict by himself or by any other person any injury, damage, harm, or loss against any person or persons in his employ, in order to induce or compel such employe or employes to vote or refrain from voting for any particular candidate or candidates at any election, or on account of such employe or employes having voted or refrained from voting for any particular candidate or can- didates at any election, or who shall, by any sort of duress, constraint or improper influence or by any fraudulent or improper device, contrivance or scheme, impede, hinder or prevent the free exercise of the franchise of any voter at any election, or shall thereby compel, induce or prevail upon any voter to vote for or against any particular can- didate or candidates at any election, shall be guilty of a misdemeanor, and, being thereof convicted, shall be pun- ished by a fine not exceeding two thousand dollars, or imprisonment not exceeding five years, or both, at the discretion of the court before which conviction is had. 207. If any person shall on election day obstruct the entrance to any polling-place, or shall obstruct or interfere v/ith any voter, or do any electioneering within any polling place, or publicly within one hundred feet of any polling place, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding fifty dollars. 208. Supplemented by P. L. 191 1, p. 319, sec. 61. See paragraph 366, post. 99 20Q. Any person who shall remove, destroy or mutilate Penalty for ^ J f^ ' -' removing any registry list or copy thereof, or who shall before such registry Ust, election closes, remove, destroy or mutilate any list of voters posted in accordance with this act, shall be guilty of a misdemeanor, and shall be punished, on conviction thereof, by a fine of not more than one thousand dollars or imprisonment for not more than two years. 210. Supplemented by P. L. 191 1, chap. 188, sec. 21. See paragraph 399, post. 211. If proof be made before any justice of the peace^ investiga- recorder or police justice of facts constituting probable pr^JJ,abie cause for believing- that this act has been violated, and cause that ° this act has that any person or persons have knowledge of the circum- stances connected therewith, it shall be the duty of said justice or recorder to issue process of subpoena for the appearance of such person or persons other than the accused before him, to be examined touching the same; provided, that the lawful expenses of such subpoena and examination shall be paid by the applicant therefor, and such evidence shall be filed with the clerk of the county, to be used before the grand jury; and provided further, that Proviso no such process of subpoena shall be issued or served nor any such examination held, on the dav of election. been violated. 212. In addition to the penalties provided for violations i^sfran- . . , . , chisement oi any of the provisions of this act, the court imposing may be such penalties may add thereto that such oflFender be a^peiTaity.^ thenceforth disfranchised as a voter and disqualified to hold any office of trust or profit within this state for such length of time as such court may deem proper; (a) pro- vided, nevertheless, that nothing in this act contained shall be held or construed to in anywise absolve or relieve any person or persons from any liability, penalty, prosecution, indictment or punishment, for or on account of any viola- tion of any law in force at the time of the passage of this act. Proviso. (a) This section is unconstitutional because it attempts to add to the qualifications of voters as prescribed by the constitution. State V. Garrigan, 35 'S . J. Law Journal, p.-106. lOO On trial of any indictmeiit witness must answer questions deemed proper by the court. 213. On the trial of any indictment against any person or persons for violation of any of the provisions of this act, all witnesses sworn on any such trial shall truly answer all questions put to them which the court shall decide to be proper and pertinent to the issue involved ; and no wit- ness shall be excused from answering any such question on the ground that to answer the same might or would in- criminate him, or might or would tend to incriminate him ; but no answer or answers made by any witness to any such question shall be used or admitted in evidence in any proceeding against said witness, except in case of a crim- inal proceeding- for perjury in respect to his answers to such questions. Primary Elections. Who may vote at primary <;lections. Penalty for false voting at primary. 214. No person not at the time entitled to vote, by the laws of this state, at the special, general and local elections held in this state, shall vote at any primary meeting or caucus called, or held by any political party or political organization of this state for the nomination or selection of persons to be voted for at any such elections, nor shall such person vote unless he is a legal resident of the political "division in and for which such primary meeting or caucus is held. 215. If any person not entitled to vote as aforesaid shall vote or offer to vote at any such primary meeting or caucus knowing or having reason to believe himself not entitled to vote as aforesaid, or if any person or persons shall counsel or procure anyone to vote as aforesaid, know- ing or having reason to believe such voter not entitled so to vote, or if any person having voted at any primary meet- ing held by any political party or organization to nominate candidates or to elect delegates to nominate candi- dates, to be voted for at any election, shall vote or offer to vote at the primary meeting held by any other political party or organization held to nominate candidates or to elect delegates to nominate candidates to be voted for at the same election, such person or persons shall be lOI guilty of a misdemeanor, and on conviction thereof shall for each offense be punished by imprisonment at hard labor for a term of not more than three months, or by a fine of not more than one hundred dollars, or both, at the option of the court. 216. This section repealed by P. L. 1903, page 628. See paragraph 271, post. 217. If any judge, inspector, clerk or other officer of a Jaudufent^ primary election as aforesaid shall presume to act in such a actions at ^ -^ ^ primary. capacity before taking and subscribing to the oath or affir- mation required by this act, or shall willfully disregard or violate the provisions of any rule duly made by the party of which he is a member, and for whom he is acting, for the government of the primary elections of the party, or if any judge or inspector of any primary election as afore- said shall knowingly reject the vote of any person entitled to vote under the rules of the said party, or shall know- iijgly receive the vote of any person or persons not quali- fied as aforesaid, or if any judge, inspector, clerk or any other officer of a primary election, as aforesaid, shall be guilty of any willful fraud in the discharge of his duties, 1 y destroying or defacing ballots, adding ballots to the poll, by false counting, by making false returns, or by any act or thing whatsoever, the person or persons so offend- ing shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding one year, or both, at the discretion of the court, (a) 218. If any person shall, directly or indirectly, give. Penalty for rr • ^ • r bribery, etc.. oiter or promise to give any sum or sums of money or any at election valuable thing in action, victuals, drink or preferment or °^ delegates, other considerations, by way of fee, reward, gift or gra- tuity, or other valuable present or reward to obtain, pro- cure or influence the opinion, behavior, vote or abstaining from voting for the election of any delegate to any con- vention of any political party of this state, to nominate (a) This sertion does not apply to primaries for the selection of delegates to conventions to nominate candidates, but only to primaries held for the purpose of nominating candidates for state, city ana county officers. Woodruff v. State, 25 N. J. L. J. ai6. -1 !-• > .»,»«> ^0,*.3-> I 02 any candidate or candidates for member of the legislature of this state, for any member of congress of the United States, for electors for President and Vice-President of the United States, for governor of this state, or for any candi- date for any office in any county, city, town, township or borough in this state ; or if any person being a delegate to any polPitical convention to nominate candidates for any of the the offices named in this act, shall, directly or indirectly, ask for, accept, receive or take any sum or sums of money, or other valuable consideration by way of fee, reward, gift or gratuity, or other valuable consideration for the giving or refusing to give his vote at any such convention, all and every of such persons so offering, asking or receiving the same, in either case aforesaid, shall be deemed and taken to be guilty of misdemeanor, and on conviction there- of shall be punished by a fine or imprisonment, or both, at the discretion of the court; said fine not to exceed five hundred dollars, nor such imprisonment six months. Penalty for 21Q, Whoever shall, directlv or indirectly, eive, furnish, bribery at f rr • ' . . election. supply, offer or promise, or procure to be given, furnished, supplied, offered or promised, to any person or persons, any money, service, preferment or valuable thing with the intent that such money or valuable thing, or any other money, service, preferment or valuable thing shall be given, offered, promised or used, by any person or per- sons, by way of fee, reward, gift or gratuity, for giving or refusing to give any vote or votes of any citizen of this state, at any election of any public officer, state, county or municipal, to be held therein, or of any member of con- gress of the United States, of electors for president and vice-president of the United States, or at any election of any delegate or delegates to any political convention to be held for the nomination of any of the officers aforesaid, or by way of gift, gratuity or reward, for giving or with- holding the vote or votes of any delegate or delegates at any such conventions, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine or imprisonment, or both; such fine not to exceed the sum 103 of ten thousand dollars, and such imprisonment not to exceed the term of one year. Of Elections by Soldiers and Sailors Absent from the State in Time of War. 220. Whenever in time of war any of the qualified elec- tors of this state shall be in the actual military service of this state, or of the United States, in the army or navy thereof, by the authority of this state, or under a requisi- tion from the president of the United States, and as such shall be absent from the election districts in which they reside, on the days appointed by law for holding any gen- eral, special or local election within this state, or within any congressional district, county, city, borough, town, township or municipality therein, such electors shall be entitled, at such times, to exercise the right of suffrage in their several districts in the manner and form hereinafter prescribed. 221. Such absent elector shall by an instrument in writ- ing, executed by him not more than sixty days previous to any general or special election to be held in this state, authorize and empower any elector of the election district in which the said absent elector shall reside, on the day of said election, to cast for him his vote or ballot, in the manner prescribed in this act, for all officers for whom he would have a right to vote if he were present at such elec- tion; said instrument shall be signed by such absent elec- tor, attested by two subscribing witnesses, and sworn (or affirmed) to before any field officer, captain, adjutant or commander of any regiment, company, battalion or de- tachment, or of any vessel or naval station to which the said absent elector may belong or be attached, and such officers are hereby duly authorized to administer oaths and affirmations for the purposes specified in this act, and they shall attach to their signatures their official designations. 222. The said absent elector shall make and subscribe an affidavit in the form or of the effect following: 'T, A. B., do solemnly swear (or affirm) that I am a Right of soldiers an«1 sailors to vote. Absent elector to designate certain voter to act for him. Form of affidavit. I04 Ha Hot prepared and sent to designated voter. Contents of instrument. citizen of the United States, that I am now of the age of twenty-one years, that I have been (or will have been) a resident of the state of New Jersey for one year, and of the county of for five months next preceding the election to be held on the day of eighteen hundred and , and that I am now a resident of the ward of the city (or town) of and that I am (or will be) in all respects qualified to vote in said city (or town) at said election, and until said election intend to be a resident thereof; and I do further swear that I am in the actual military service of the state of New Jersey (or of the United States), in the army (or navy) thereof, and that I am a member of company of the regiment (describing the organization or vessel to which he belongs), now at or near , in the state (or terri- tory or country) of . Sworn to and subscribed be- fore me this day of , anno domini eighteen hundred and ." 223. The said absent elector in the service as aforesaid shall prepare and fold the ballot he designs to cast at such election, and inclose the same, together \vith the instrument hereinbefore described, in an envelope, duly sealed, having on the outside thereof, either written or printed, the affi- davit prescribed in the last preceding section of this act, sworn to and subscribed as therein required; the said envelope, prepared as aforesaid, shall be inclosed by him in another envelope, marked "soldier's (or sailor's) vote,'' sealed and directed to the elector empowered by the afore- said instrument to cast the ballot of said absent elector, and the said absent elector may then transmit the same to the person to whom it is directed by mail or otherwise. 224. The aforesaid instrument shall be in the words or of the e'ffect following, namely: *T, A. B., a resident and elector of the ( ward of the city (or township), or as the case may be) of , in the county of , in the state of New Jersey, but absent from my election district in the military service of the state of New Jersey (or of the United States) and now at , in the state of , in company , 105 of the regiment of under command of , do hereby authorize, empower and direct C. D., of the election district above mentioned, to cast for me the ballot herewith inclosed at the election, to be held in said election district, on the day of , anno domini eighteen hundred , in the^ manner provided by the laws of the state of New Jersey." 225. The elector to whom such letter shall be directed Opening of 1 1 1 r 1 1 1 11 envelope and may open the outer envelope thereof, but he shall not open casting of the inner envelope; on the day of such election, and be- *^*^^°*- tween the opening and the closing of the polls thereof he shall deliver such inner envelope to the board of election of the proper election district, and at the polls thereof, and if the person whose name shall be signed to the affi- davit on the outside of said envelope shall be determined by the said board of election to be a duly-qualified voter in such election district, said envelope shall be by the said board publicly opened, and the vote or ballot therein con- tained shall be duly deposited in the ballot-box prepared to receive the ballots of voters, and the name of such ab- sent elector shall be entered upon the poll-list, together with the name of the person delivering the ballot at the polls; no envelope containing a soldier's or sailor's ballot shall be opened by the board of election unless the name of the person signing the affidavit on the outside of said envelope shall be found upon the registry list of the dis- trict where such person claims to reside, or unless an affidavit be made and subscribed by a voter of the district, to the effect that he knows that said person whose vote is so offered is a resident of said district; the ballots con- tained in any such envelope which shall have been opened or unsealed before the same shall have been delivered to the board of election, shall not.be deposited in the ballot- box, but shall be rejected. 226. The affidavits and instruments hereinbefore de- ah affida- scribed, and all envelopes marked "soldier's or sailor's" preserred' votes, not opened at such elections, shall be kept and filed by the clerk of the election in the same manner and place io6 Postmaster to take receipt. Oath made when pre- senting ballot. Penalty for failure to comply with duties required. Penalty for presentation of false ballot. as poll-lists of such elections are required by law to be filed and kept. 227. Any person who shall be entitled to receive any letter or envelope marked as herein provided, before he shall take away the same, shall sign and deliver to the post- master or his deputy or clerk, a receipt therefor, which receipt shall specify how many such letters or envelopes he has received, and otherwise, as far as may be, specify the particulars of the description thereof ; and any willful omission to comply with the provisions of this section shall be adjudged a misdemeanor, and any person con- victed thereof shall be punished accordingly. 228. The person to whom any soldier's or sailor's ballot shall be sent as herein provided, shall at the time of deliv- ering the same to the board of election to be deposited in the ballot-box, also present his oath or affirmation, in writ- ing, setting forth that the ballot or ballots therewith pre- sented have been received by him to deliver to said board of election, and that he has not in any manner changed, altered or opened the said ballot or ballots, or the inner envelopes thereof, and that he believes the same have not been changed, altered or opened by any other person. 229. Any member of any board of election, and any elector to whom said ballot shall be sent, who shall will- fully neglect or refuse to perform any of the duties re- quired of him as aforesaid, or who shall in any manner willfully violate or abuse any trust or duty hereby im- posed, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or both. 230. Every person who shall deliver or present to the board of election under this act, any false, forged, altered or changed ballot, envelope or instrument of any such enlisted elector, provided for by this act, knowing the same to be so altered, forged or changed, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding one thousand dollars, I07 cr by imprisonment at hard labor for any period not ex- ceeding two years, or both. 231. Any officer of this state, or of the United States, or any other person, who shall directly or indirectly con- tiol, or attempt to control, any such enlisted elector as aforesaid in the exercise of any of his rights under this act, by menace, bribery, fear of punishment, hope of re- ward, or any other corrupt or arbitrary measure or resort v/hatever, or to annoy, injure or otherwise punish any such absent elector for the manner in which he may have exer- cised any such right, shall be deemed guilty of an offense against the government and dignity of this state, which shall be punished as a misdemeanor, and for which he may be indicted and tried at any future time when he may be found within the limits of this state, and upon conviction he shall be punished by a fine not exceeding one thousand dollars, or by imprisonment at hard labor not exceeding two years, or both. 232. The secretary of state is hereby authorized and required to prepare and have printed, at the cost of this slate, the necessary blank forms and envelopes required to carry out the provisions of this act relative to the voting of enlisted electors ; and shall cause the affidavits required by this act to be printed in blank upon the proper envel- opes to contain the instrument required by this act; and shall at least one month previous to any general, special or local election cause such blank forms and envelopes, and copies of those sections of this act relating thereto, to be forwarded to the several regiments from this state, in the service of this state or of the United States in the field, and to -the several hospitals, posts and naval stations, in sufficient quantity to furnish one copy of each blank form, envelope, and of the sections of this act required to be printed as aforesaid, to each person in actual military service of this state, or of the United States, in the army or navy thereof, from this state, and absent therefrom; provided, however, that such absent electors shall have the right to vote as hereinabove provided without being re- quired to use an official ballot or envelope. Penalty for influencing enlisted voter by threat, etc. Secretary of state to prepare necessary blanks, etc. io8 Repealer. Official ballots, etc.. required in local elections in towns and certain other mu- nicipalities. Correction of defective certificate, or petition of nomination authorized. 233. The act entitled "An act to regulate elections," approved April eighteenth, one thousand eight hundred and seventy-six, and all acts amendatory thereof and supple- mental thereto, and all acts and parts of acts, general and special, inconsistent with this act, are hereby repealed, but this repealer shall not revive any act heretofore re- pealed, and this act shall take" effect immediately; pro- vided, that the members of any county board of elections and members of any district board of registry and election, in office, shall continue in office until the time or times herein provided for the commencement of the term of office of their successors. Supplement of April i, 1902. P. L. 1902, p. 235. 234. Sec. I. All the provisions of the act to which this act is a supplement, relating to the nomination of candi- dates and to the use of official ballots, * * * shall apply to the charter, local, municipal and special elections in all of the towns of this state and in all other municipali- ties of this state however designated or governed having v.:ithin their territorial limits a population of more than eight. thousand inhabitants, according to the last state or federal census, in the same manner and to the like effect as in and by said act the same are made applicable to the charter, local or special elections in the cities of this state, anything in said act to the contrary notwithstanding, (a) Amendment of April 2, 1902. P. L. 1902, p. 257. 235. Sec. I. It shall be lawful for any candidate, the certificate of whose nomination, or petition for whose nomination, shall have been filed as required by the act entitled "An act to regulate elections" [Revision of 1898], approved April fourth, one thousand eight hundred and ninety-eight, if such certificate or petition, or any affidavit or affidavits thereto, be defective, to cause such certificate or petition, and the affidavit or affidavits thereto, to be amended in matters of substance or of form as may be necessary, or such amendment or amendments may be made by filing a new or 'substitute certificate or petition, (a) This act enlarges and supersedes the supplement contained in P. L. 1901, p. 324. See note (o) to section So ante. I09 or affidavit or affidavits, and the same when so amended shall be of the same effect as if originally filed in said amended form ; provided^, however, that every amendment Proviso, shall be made at least five days before the election. 236. Sec. 2. This act shall be liberally construed to pro- ^^^ ^^^ tect the interest of candidates. construed. Apportionment of Members of General Assembly. An Act to apportion the members of the general assembly among the several counties of this state. Approved April 21, 1911. P. L. 191 1, p. 372. ,pp^,,.,,. 237. Sec. I. Hereafter the several counties of this state ^^"^^jg^s of shall be entitled to elect as members of the general assem- general . assembly bly the number herem provided : amongst the The county of Atlantic shall be entitled to elect two ^ounttis. members ; The county of Bergen shall be entitled to elect three members ; The count}^ of Burlington shall be entitled to elect one member ; The county of Camden shall be entitled to elect three members ; The county of Cape May shall be entitled to elect one member ; The county of Cumberland shall be entitled to elect one member ; The' county of Essex shall be entitled to elect twelve , members ; The county of Gloucester shall be entitled to elect one member ; The county of Hudson shall be entitled to elect twelve members ; The county of Hunterdon shall be entitled to elect one member ; The county of Mercer shall be entitled to elect three members ; The county of Middlesex shall be entitled to elect three members : no Interpreta- tion of act. The county of Monmouth shall be entitled to elect two members ; The county of Morris shall be entitled to elect two members ; The county of Ocean shall be entitled to elect one member ; The couihty of Passaic shall be entitled to elect five members ; The county of Salem shall be entitled to elect one member; The county of Somerset shall be entitled to elect one member ; The county of Sussex shall be entitled to elect one member ; The county of Union shall be entitled to elect three members ; The county of Warren shall be entitled to elect one member. 238. Sec. 2. In the interpretation of this act all refer- ences to counties shall be taken to refer to the counties as they exist at the time of the passage of this act. Congressional Districts. Congres- sional districts defined. An Act to divide the State of New Jersey into districts for the purpose of electing members of the House of Repre- sentatives of the United States, and prescribing the boundaries of such districts. Filed April 16, igi2. P. L. 1912, chapter 411. Be it enacted by the Senate and General' Assembly of the State of New Jersey: 239. Sec. I. For the purpose of electing members of the house of representatives of the United States to serve in the sixty-third congress, and in each subsequent congress, this state shall be divided "into twelve districts, as follows, namely : First. The counties of Camden, Gloucester and Salem shall constitute and be called the first district ; Second. The counties of Cape May, Cumberland, Atlan- Ill tic and Burlington shall constitute and be called the second district ; Third. The counties of Middlesex, Monmouth and Ocean shall constitute and be called the third district ; Fourth. The counties of Hunterdon, Somerset and Mer- cer shall constitute and be called the fourth district ; Fifth. The counties of Union and Morris shall consti- tute and be called the fifth district ; Sixth. The counties of Bergen and Sussex and Warren and the townships of Pompton and West Milford in the county of Passaic, shall constitute and be called the sixth district ; Seventh. The county of Passaic, except the townships of Pompton and West Milford in the said county, shall con- stitute and be called the seventh district; Eighth. The eighth, eleventh and fifteenth wards of the city of Newark, the towns of Belleville, Bloomfield and Nutley, all in the county of Essex, and the towns of Harri- son and Kearny, the borough of East Newark, the seventh ward of the city of Jersey City, and the city of Bayonne, all in the county of Hudson, shall constitute and be called the eighth district; Ninth. The cities of East Orange and Orange, and the first, third, sixth, seventh, thirteenth and fourteenth wards cf the city of Newark, all in the county of Essex, shall constitute and be called the ninth district; Tenth. The second, fourth, fifth, ninth, tenth, twelfth arid sixteenth wards of the city of Newark, the towns of Irvington, Montclair and West Orange, the boroughs of Caldwell, Essex Fells, Glen Ridge, North Caldwell, Rose- land, Verona, West Caldwell, and the townships of Cald- well, Cedar Grove, Livingston, Millburn, South Orange and the village of South Orange, all in the county of Essex, shall constitute and be called the tenth district; Eleventh. The townships of Weehawken and North Ber- gen, the towns of Guttenberg, West Hoboken, West New York and Union and the borough of Secaucus, the city of Hoboken, and the second ward in the city of Jersey City, 112 Interpreta- tion of act. all in the county of Hudson, shall constitute and be called the eleventh district. Twelfth. The first, third, fourth, fifth, sixth, eighth, ninth, tenth, eleventh and twelfth wards of Jersey City, all in the county of Hudson, shall constitute and be called the tv/elfth district. In the interpretation of this act all reference to counties, cities, boroughs, townships, wards, election districts, and other municipal divisions shall be taken to refer to such municipal divisions as they existed on the first day of January, A. D. nineteen hundred and twelve. Primary Elections. Selection of delegates at primaries. [Amended, P. L. 1906, p. 503.] For what oflaces. If candidate in one ward or township. Proviso. Supplement of April 14, 1903. P. L. 1903, p. 603. 240. Sec. I. In addition to the elections for filling pub- lic offices that now are or hereafter may be held under the laws of this State, there shall also be held primary elections for the selection of delegates to conventions of political parties, and for the nomination of candidates for certain public offices, as hereinafter provided; all candidates of political parties for the following offices, to wit: Presi- dential electors, governor, members of congress, members of the general assembly, members of the state senate, county clerk, surrogate, register of deeds, sheriflf, county supervisor, coroner, mayor^and for all elective offices in the state and in the cities, towns or other municipalities in this state to be voted for at the general election for mem- bers of assembly by the voters of more than one ward or township, shall be nominated at conventions composed of delegates chosen at primary elections held pursuant to this act ; all candidates of political parties for office to be vo{ed for at the general election for members of Assembly by the voters of a single ward or township shall be nominated directly, without the intervention of delegates or conven- tions at primary elections held pursuant to this act; pro- vided, that in cases where a single ward or township shall constitute an assembly district candidates for member of the assembly from such district shall be nominated at con- 113 ventions composed of delegates chosen at primary elections held pursuant to this act. 241. Sec. 2. The general scheme and purpose of this g^^^j^.^ ^^*°" act shall be as follows : The said primary elections shall mented by PL 1911 hereafter be conducted at public expense; such primary p.' 276, elections for all political parties shall be held at the same ^^^- ^^- ' t'me and place ; the time shall be the second registry day, ^^^^ ^^^ and the places shall be the places of holding the said regis- place, try in the fall of each year; and said primary elections shall be conducted by the boards of registry and election in a manner hereinafter provided, from seven o'clock A. „ ^ ' How con- M. until nine o'clock P. M., and substantially as general ducted, elections for members of Assembly are now conducted, with official ballots, ballot-boxes, registry lists and polling booths. * * * The clerk of the city, town, township. Primary •^ ^' ballots. borough or other municipality, as the case may be, shall prepare the primary ballots of all political parties from the petition filed in their respective offices as herein provided. Not less than ten (except as hereinafter provided) voters of any political party may file w4th the municipal clerk of their municipality a petition endorsing: any member of Petition for , . -. . f ,. , . , . . ^ candidates. their political party a.s a candidate for the nomination of said party to public office, where such nomination is to be made at the primary election and requesting that the name of the person so endorsed be printed upon the official pri- mary ballot of such political party. The said municipal Official bai- clerks shall prepare official ballots for each political party pared^b^y for the said primary elections from the names of the per- ^"^j^^f ^^^ sens so endorsed, arranging them alphabetically, or in groups, as hereinafter provided. ****** jj^ addition to the registry lists hereinbefore provided, there Party shall also be kept two books or lists, one for each political books, party, which shall be called and labeled Republican Pri- mary Book, and Democratic Primary Book, or as the case may be ; the board of registry and elections shall cause the name of each voter at said primary to be written in ink, in the primary book of the party in whose ballot-box his vote is deposited. Each of these primary books shall be signed by the members of the board of registry and elec- 114 Voter's name must appear in previous primary book. Primary books open to inspection. Its cor- rection. Political party and convention defined. Prepara- tion of primary ballots. lions and delivered by said board to the clerk of the mu- nicipality at the time of the delivery of the ballot-boxes; said primary books shall be kept by said clerk until the ensuing primary election, and then delivered by him to the board of registry and elections for use at such ensuing election. At any primary election the members of the board conducting the primary election for each political party shall refuse to receive the vote of any voter offering to vote in the ballot-box of their political party, if the name of such voter appears in the primary book of the other political party as made up at the next previous pri- mary election. [The said primary books shall be kept by the municipal clerk subject to public inspection, and any voter whose name appears therein may apply to the judge holding the circuit court for his county, at any time prior to the next primary election to have his name stricken from said book; and said judge shall have power to hear said application in a summary way, at such time and upon such notice to such person as he may prescribe, and if satisfied that the applying voter's nam.e has been improperly placed on said primary book, said judge may make an order directing the municipal clerk to erase said name from said primary book, and said clerk shall thereupon erase the same.] 242. Sec. 3. A political party within the meaning of this act shall be a political party which at the election for members of the general assembly next preceding the hold- ing of any primary election held pursuant to this act polled for members of the general assembly at least five per centum of the total vote cast in the territorial district or division in and for which the nominations are made or delegates are chosen ; the word "convention" within the meaning of this act shall be a "convention of delegates" or "nominating body of a political party" as defined in sec- tion thirty-eight of the act to which this act is a further supplement. 243. Sec. 4. The official primary ballots to be used at all primary elections held pursuant to this act shall be pre- pared in the following manner, to wit : A number of voters, 115 not less than the number hereinafter specified, who arc members of the same poHtical party, may prepare and sign, with their names, residences and postoffice addresses, a petition addressed to the clerk of such municipality as may be proper pursuant to the requirements of this act, setting forth that the signers are qualified voters of the township, borough, ward or election district, as the case may be, in which they reside; that they are members of a political party (naming the same), and that at the last election for members of the general assembly preceding the execution of said petition they voted for a majority of the candidates whose names were printed in the first place upon the ticket of such party, and that they intend to affiliate with said party at the ensuing election; that they endorse the person or persons named in their petition as candidate or candidates for nomination for the office or offices therein named, and that they request the said clerk to print upon the official primary ballot of such political party the name of the person or persons therein mentioned as the candidate or candidates for such nomination, said petition shall further state the residence and post-office address of each person so endorsed, and shall certify that the person or persons so endorsed is or are legally quali- fied under the laws of this State to be nominated ; each of the said petitions shall be verified by the oath or affirma- tion of one or more of the signers thereof, taken and sub- scribed before a person qualified under the laws of New Jersey to administer an oath, to the effect that such peti- tion is signed in their own proper handwriting by each of the signers thereof; that such signers, are to the best of their knowledge and belief of the affiant, legal voters of the said township, borough, ward or election district, as the case may be, as stated in said petition, belong to the political party named in said petition, and that such peti- tion is prepared and filed in absolute good faith for the sole purpose of endorsing the person or persons therein named, in order to secure his or their nomination or selec- tion as stated in said petition; provided, that if the said candidate or candidates for nomination for the office or [Amended. P. L. 1912, p. 776.] Petition ; what to contain. Petition verified. Proviso. ii6 offices in said petition named, are to be voted for through- out an entire township, borough, or ward then there must be at least twenty-five signers to any such petition all of whom must be resident of the said township, borough or ward; and if said candidate or candidates for nomination are to be voted for only in a single election district or in a tcwnship, borough, or ward which contains but one elec- tion district, then there must be at least ten signers to any such petition, all of whom must be resident in the said elec- Proviso. tion district; provided further, that the number of signers to any such petition in any case need not exceed five per centum in number of the total vote cast at the last election for members of the general assembly in said township, borough, ward or election district, as the case may be ; and Proviso. provided further, that the signers to any single petition shall not therein endorse or recommend more persons as candidates for the position than are to be chosen at the ensuing primary election in the township, borough, ward or election district, as the case may be, in which the signers to said petition reside, nor shall said signers endorse more persons as candidates for nomination to office than are to be elected in the township, borough, ward or election dis- trict, as the case may be, in w^hich such signers reside; said petitions shall be filed with the municipal clerk not less than twenty days prior to said primary election. Certificate of 244. Sec. 5. Accompanying said petition each person ^o^accom-^ endorsed therein shall file a certificate, stating that he is ^°'!^Z ^ qualified for the office mentioned in said petition; that he petition and ^ . ^ . . the form consents to stand as a candidate for nomination at the ensuing primary election, and that if nominated, he agrees to accept the nomination ; the name of any person endorsed as aforesaid who shall fail to certify his consent and agree- m.ent as aforesaid shall not be printed upon the ballots to be used at such primary election. C'ty and ^ - _ . . county com- 245. Sec. 6. In any county m this state the county or Sected at ^ity committee of any political party shall be hereafter '^r^ti^o^ns elected at the primary elections herein provided for, and [Amended, the members of such county or city committee shall be p. 159.] ' elected by election districts at such primary elections in 117 the manner provided in this act for the selection of party candidates to be voted for by the voters of a single ward 01 township ; and the chairman of each county or city com- mittee shall, on or before the first day of July in each year, file with the clerks of the several municipalities the number of committeemen to be elected to such county or city committee in each year, as provided by the constitu- tion or by-laws of such committee. 246. Sec. 7. Superseded by the General Act, Chapter 183, P. L. 191 1, and Chapter 416, P. L. 1912. Democratic Primary Ticket. 247. Sec. 8. Supplemented by P. L. 191 1, p. 276, sec. 40. See paragraph 345, post. 248. Sec. 9. All ballots shall be printed on plain white paper uniform in size and quality and type and of such thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure thereon except as in and by this act provided; Ballots, how printed. 249. Sec. 10. Said municipal clerk shall, prior to each Number of 1 . 1-1 , . . ballots primary election, at the time and as herein directed, pro- furnished, vide and furnish for each existing political party, mem- bers of which have filed petitions as aforesaid, for the use of the voters at such primary, for each election district in his respective municipality, ballots of the kind and de- scription aforesaid, equal to double the number of votes c:ist by such political party at the then last preceding elec- tion for members of the general assembly held in such ejection district ; when an election district shall be divided or the boundaries thereof changed, or a new district cre- ated, the municipal clerk shall ascertain as nearly as may be possible the number of voters in the new or re-arranged or divided district, and provide therefor a sufficient num- ber of ballots in the above proportion; no envelope shall be used at the primary elections held pursuant to this act. ii8 Voting places, booths, etc., to be pro- vided by municipal clerks. Black lead pencils to be furnished. Delivery of ballots and boxes and receipt for same on primary day. Amended. P. L. 1910, p. 117. Separate box for each party. 250. Sec. II. At least twenty days before any primary election shall be held under the provisions of this act, the clerks of the several municipalities of the state as may be proper, pursuant to this act, shall provide for and secure in each election district of their respective municipalities, a suitable room in which to hold the registry and Uie said primary election, and immediately on procuring said room, such clerk shall notify the registry or poll clerk, or board of registry and elections, of said voting district, that such room has been procured; and it shall be the duty of the clerk procuring such room to arrange the same for a polling room, in the manner required by law for general elections, and to have constructed therein and ready for use before the primary elections, booths and compartments of the kind, number and description as are or may be by law required to be provided at the annual election for members of the general assembly; black lead pencils shall be provided and placed in said booths or compartments for use by the voter in preparing his ballot to be voted, and no other kind of pencil shall be used for such pur- pose. 251. Sec. 12. The said municipal clerk shall, on the morning of the day preceding any primary election where- fore they are required by this act to provide ballots, cause tc be delivered, at his office, to the clerks of the board of registry and election of each election district within his m.unicipality, the ballots and the ballot-boxes provided for each election district, and to take a receipt of each elec- tion clerk therefor, which last mentioned receipt the clerk of such municipality shall file and preserve for the period cf one year; said election clerks shall, on the morning of the primary election, before proclamation of the opening of the polls, deliver the ballot-boxes and the ballots by them received to the election boards of their respective election districts, with the seals thereof unbroken, and shall take receipts therefor from said election board, which said receipts said election clerks shall file with the municipal clerk, and the same shall be preserved for one year; said municipal clerk shall provide a separate ballot- 119 Kind of box. Charge of ballot- boxes. box for each political party for each election district in his respective municipality ; said ballot-boxes shall be each composed of four glass sides, at least one foot wide and one foot high, with a wood or metal bottom and top, and v/ith an opening at the top through which the ballots shall be inserted into the box ; any ballot-box which can legally be used at any general election for members of general assembly may be used at the primary elections held pur- suant to this act. 252. Sec. 13. The two members of such board ap- pointed from the political party which at the last preceding general election cast the largest number of votes in their county shall conduct the primary election of such party, having sole charge of the ballot-boxes of said party, and delivering, receiving and depositing the official ballots voted by members of such party, and having the sole right to challenge the voters offering to vote the ticket of such party as in this act provided; and the members of said board appointed from the political party casting the next largest number of votes in said county at said election shall, in like manner, conduct the primary election of such political party. All of the members of said board of registry and election shall conduct the primary election of any other political party holding a primary election under this act, and shall also ascertain and certify to the result oi the primary election of all political parties holding pri- mary elections under this act in the manner herein pro- vided in section fifteen; provided, that before proceeding with such election each of the four members of the board of registry and election shall take and subscribe an oath tc be administered by any duly qualified person, or by one member of the board to the others, that they and each of them will, to the best of his understanding and ability, conduct such primary election honestly and in accordar cc with law ; that they will challenge, in the manner pro- vided in this act, the vote of any person offering to vote ac such election whom they believe not entitled to vote thereat, and that they will also challenge the vote of a-iy person at such election offering to vote in the ballot-box ^^«J** *<> All election oflacers to act. Proviso. Oath. I20 I'erjury. Voter not to vote in box of other party at next election. Books open to inspec- tion. Its correc- tion. Notice of primaries. Canvassing the votes. of one existing political party, whom they believe, or have reason to believe to belong to another existing po- litical party, and that they will refuse to receive the vote of such person, in case such vote is challenged, until he shall have taken an oath or affirmation, to be administered by a member of the board in the form prescribed. (See P. L. 191 1, p. 2y(}, sec. 32, paragraph 337, post.) * * * if the person so challenged shall refuse to take the oath or affirmation so tendered to him he shall be deemed not to be quahfied or entitled to vote at such pri- mary election. Any person making such oath or affirma- tion falsely shall be guilty of perjury. Any voter who shall be shown by the primary book hereinafter provided to have voted in the ballot-box of one political party at any primary election held under this act shall not be allowed to vote in the ballot-box of any other political party at the next thereafter succeeding primary election. ^ ^ if. 'pj-^g g^j^^ primary books shall be kept by the municipal clerk subject to public inspection, and any voter whose name appears therein may apply to the judge holding the circuit court for his county, at any time prior to the next primary election, to have his name stricken from said book ; and said judge shall have power, to hear said application in a summary way, at such time and upon such notice to such persons as he may prescribe, and if satisfied that the applying voter's name has been improp- erly placed on said primary book, said judge may make an order directing the municipal clerk to erase said name from said primary book, and said clerk shall thereupon erase the same. * * * Notice of the time and place of holding such primary elections shall be given by the poll clerks by five or more advertisements posted at con- spicuous places in the election district at least ten days before such primary elections. 253. Sec. 14. * * * nothing herein shall prevent any voter from voting for any person whose name is not on his party ticket by writing the same thereon ; * * * 254. Sec. 15. At the close of the primary election, the board of registry and election shall forthwith proceed to 121 canvass and count the votes cast at such election, proceed- ing in the manner indicated by the statement hereinafter in this section provided for, and as nearly as may be in the manner required by law; the said boards of election shall at the conclusion of such canvass make up and sign a statement ^ ° of election. statement of the result of such election, which statement tl.'ey shall as soon as may be transmit to the clerk of the municipality within which the said primary election is held; said statement shall in words at length show the entire number of votes cast at such election, the whole number of ballots rejected, the whole number of ballots cast for each party as indicated by the party names at the head of the respective party tickets, and the number of votes received by each person as a candidate for nomina- tion for office, or for the position of delegate ; such state- ment shall be in the following or like form : Statement of the result of a primary election held in Form of the election district of the statement, (municipality) in the county of and state of New Jersey, on the day of 191 : . At said election the total number of votes cast was: The total number of democratic ballots cast was : The total number of republican ballots cast was : The total number of citizens' reform ballots cast was : The total number of democratic ballots rejected was : The total number of republican ballots rejected was: The total number of citizens' reform ballots rejected was : For candidates of the democratic party for the position of delegate to the democratic state convention : John Doe received votes; Richard Doe received votes ; Thomas Jones received votes. And in like form for all parties having candidates voted for at such election. To such statement shall be added a certificate in the following form: 122 Certificate added to statement. We certify the foregoing to be a true and correct state- ment of the result of the primary elections held in such district at the time above stated; that the same truly and correctly exhibits the entire number of votes cast for each political party at such election, the whole number of bal- lots rejected and the number of said ballots rejected be- longing to each party respectively; also the number of votes received by any person to be a candidate of any party for any office, or for the position of delegate named on any ballot or ballots cast at such election. In zvitness whereof, we have hereunto set our hands this- day of , one thousand nine hundred and Board of Registry and Election. Who elected delegates. [Amended, P. L. 1906, p. 509.] Time and place of convention. If tie vote. 255. Sec. 16. The persons receiving the highest number of votes for the position of delegate to any convention, (a) on any ticket of any political party at such primary election, to the extent of the number of delegates which the respective election districts are entitled to send to the said convention, shall be the duly-elected delegates to such convention, and said persons and no others shall be entitled U sit in the said convention as delegates as aforesaid, sub- ject to the right of the said convention to be the judge of the qualifications of its own members in the case of a contest. The time and place of holding such conventions shall be determined by the State, * * * committee of the respective political parties, but shall in all cases be after the holding of the primary election as herein pro- vided. In the event that by reason of tie voting more Candidates shall receive a sufficient number of votes to entitle them to be elected as delegates than the number of delegates the election district is entitled to send to the convention, the additional candidates so voted for shall be considered as chosen delegates to said convention, but in such convention they shall be entitled only to the appro- 123 priate fraction of a vote; that is to say, if an election dis- trict shall be entitled to send three delegates to a conven- tion, and two candidates receive respectively the highest and the next highest number of votes, and the three can- didates receiving the next highest number of votes shall each receive the same number of votes, the said three can- didates shall also be elected delegates to the convention, but shall be entitled to only one-third of a vote each therein. The said municipal clerk shall deliver a certifi- cate showing the result of said election to each of the per- sons ascertained as aforesaid to be successful candidates, which certificates shall be the credentials of the said dele- gates at the ensuing conventions of the respective parties. Credentials. 256. Sec. 17. The municipal clerk shall send to the Selection of county clerk of his county a certificate showing the person wards and in each political party receiving the highest number of townships, votes for any office for which the candidate is to be voted for at the general election only in a single ward or town- ship, and such person shall be the candidate of his political party at the ensuing election, and the county clerk shall cause his name to be printed as such candidate upon the official ballot of his party ; in the event of a failure to select such candidate for any political party by reason of two or more persons receiving the highest and the same number of votes, the proper committee of the said political party shall select from the said candidates one to be the party candidate for the office in question, and file a statement of such selection with the municipal clerk, and the person so selected shall be the candidate of the party at the ensu- ing election ; in the event of a failure of the said commit- vacancies, tee to make such selection, the municipal clerk shall make the selection from the persons receiving said highest and the same number of votes ; in the event that any candidate chosen at a primary election for any office, the candidates for which are to be voted for only by the voters of a single ward or township, shall die, or remove from the ward, township or borough, or decline to run as a candidate, before the ensuing election, the proper committee of the 124 Correction of errors in ballots. Vacancies among candi- dates at primary election. Amended, P. L. 1910, p. 397. Supple- mented by P. L. 1911, p. 762. f-'ee par post. New petition. Vacancies among delegates, f Amended, P. L. 1906, p. 510.] party to which the person so declinmg or dying belongs shall have the power to fill said vacancy by filing a new nomination with the proper municipal clerk; notice of the selection as aforesaid shall be given by the municipal clerk to the county clerk. 257. Sec. 18. Whenever it shall appear that any error or omission has occurred in the printing of the ballots for any primary election, by any municipal clerk, any voter resident in any election district affected by such error or omission may present to the justice of the supreme court holding the circuit court in and for the county containing said election district a verified statement setting forth such error or omission, and such justice, being satisfied thereof, shall thereupon summarily, by his order, require the mu- nicipal clerk to correct such error and omission, or show cause why such error and omission should not be corrected. 258. Sec. 19. Should any person endorsed in any peti- tion as a candidate to be voted for at any primary election, die before such election, or in writing filed with the mu- nicipal clerk fifteen days before the primary election, decline to stand as a candidate, the vacancy or vacancies thus caused shall be filled by a majority of the persons signing the petition in and by which the person so dying or declining was endorsed, filing within three days after the occurrence of such vacancy wath the municipal clerk y new petition, setting forth the name of the person declin- ing or dying, the office for nomination to which or the position of delegate for which he was endorsed, and the name of the person to be substituted; the said petition shall be verified by three of the signers; the said new petition shall have the same force and effect as the orig- inal petition, and the name of the person so substituted shall be printed upon the ballots in the place and stead of the person dying, or declining as aforesaid. 259. Sec. 20. In the event that any person so elected a delegate as aforesaid to any convention shall, after such election and before the meeting of such convention, die, cr in writing addressed to the chairman of said convention 125 shall decline to act as such delegate, his place as such dele- gate shall be filled by a majority vote of the other dele- gates selected from the election district in which the person so dying or resigning was elected. 260. Sec. 21. No member of one political party shall sign his name to any petition purporting to endorse any person as a candidate for delegate to the convention of another political party, or as a candidate for office of an- other political party, nor shall any member of one political party vote in the ballot-box used for the primary election of another political party ; any person who, being a mem- ber of one political party, ^hall sign his name to any peti- tion endorsing any person as a candidate for delegate to the convention of another existing political party, or as a candidate for office of another political party, or any person who, being a member of one political party, shall vote in the ballot-box used for the primary election of another political party, shall in each case be guilty of a misdemeanor, and, on conviction, shall be punished by a fine not exceeding five hundred dollars, or be imprisoned not exceeding two years, or both, at the discretion of the court. 261. Sec. 22. If at any primary election the ballots for any political party to be furnished therefor as hereinbefore provided shall not be delivered at the time above men- tioned, or after delivery they shall be destroyed or stolen, and other official ballots cannot be obtained in time for such primary election, it shall be the duty of such munici- pal clerk, or the clerk of the board of election, as the case may be, to cause other ballots to be printed as nearly in the form prescribed by this act as practicable, but without the endorsement on the top thereof, which ballots so sub- stituted shall be used at such primary elections; if from any cause neither the official ballot or ballots otherwise prepared as hereinbefore described shall be ready for dis- tribution at any polling place, or if the supply of ballots for any political party shall be exhausted before the polls are closed, unofficial ballots, made as nearly as possible in the form of official ballots, shall be used ; where the use Member of one party not to petition or vote in box of another. Penalty. When ballots not official may be used. 126 'lo what elections this act is applicable. Challengers. (Amended, P. L. 1908, p. 185.] Candidates as chal- lengers. of official ballots is for any of the reasons aforesaid dis- pensed with, the mode and manner of voting shall never- theless in all respects conform as nearly as possible to the directions and requirements of this act. 262. Sec. 2^. Supplemented by P. L. 191 1, p. 276, paragraph 332, post. 263. Sec. 24. Nothing in this act contained shall apply to or in anywise affect any election hereafter to be held in this state upon any day other than the day of the general election for members of the general assembly. 264. Sec. 25. The chairman of the county committee of each political party in each county of the state may appoint two agents for each election district in his county; such agents shall be the authorized agents and challengers of their respective parties at the primary elections held under this act, and shall be at liberty to challenge the right of any person to vote thereat; the appointment of agents may be made in writing under the hand of the respective county chairmen, and shall specify the names and residences of the agents, and the election districts for which they are severally appointed ; such appointment papers shall be filed with the respective boards of election in the districts named therein as evidence of the authority of such agents to be present in the polling place; said agents may be present inside the railed enclosure while the votes cast at the primary are being cast and counted, and hear and see said ballots counted (and every person whose name shall be printed upon the official primary ballot shall also have the rights and privileges of a challenger as hereinbefore provided), and every person whose name shall be printed upon the official primary ballot, and who is to be voted for throughout the county, shall have the right to act as a challenger, and also to appoint in writing two agents for each election district in his county, and said agents shall have the rights and privileges of an agent and challenger, a? provided in this section. 265. Sec. 26. [This section amends section 15 ante, which see.] 127 266. Sec. 2'j. [This section amends section 20 ayitc, which see.] 267. Sec. 28. [This section amends section 21 antCj which see.] 268. Sec. 29. [This section amends section 23 ante, which see.] 269. Sec. 30. [This section amends section 60 ante, which see.] 270. Sec. 31. Supplemented by P. L. 191 1, p. 276, Repealer, sees. 10, II. Paragraphs 315 and 316, post. 271. Sec. 32. Section two hundred and sixteen (216) of the act to which this act is a further supplement is hereby repealed. 272. Sec. 3^. The following sections of the act to Sections of ' *-'^ ° election law which this act is a further supplement shall apply, as far applicable as may be, to the primary elections held pursuant to this e?ec^ion?.^^ act: sections thirty-three (33), thirty-four (34), thirty- five (3S), thirty-six (36), forty-eight (48), fifty-three (53), fifty-five ^(55), fifty-six ^56), fifty-seven (57), t'T'im fifty-eight (58), fifty-nine (59), sixty-two (62), sixty- p- 635.] three {^Z)^ sixty-five (65), sixty-six (66), sixty-eight (68), to seventy-nine (79) (both inclusive), eighty-one (81), eighty-two (82), eighty-three (83), eighty-four (84), eighty-six (86) to ninety-two (92), (both inclu- sive), ninety-eight (98), ninety-nine (99), one hundred (100), one hundred and fifty-nine (159), one hundred and sixty (160), one hundred and sixty-one (161), one hundred and seventy-nine (179), one hundred and eighty (180), one hundred and eighty-six (186), one hundred and eighty-seven (187), one hundred and eighty-eight (188). one hundred and ninety (190), one hundred and ninety-one (191), one hundred and ninety-three (193) to two hundred and thirteen (213) (both inclusive), two hundred and fourteen (214), tw^o hundred and fifteen (215), two hundred and seventeen (217), two hundred and eighteen (218) and two hundred and nineteen (219). 273. Sec. 34. All acts and parts of acts which in any- Repealer, wise conflict with the provisions of this act are hereby repealed, and this act shall take effect immediately. 128 Nomination to fill vacancy in legislature. Advertising writ of election to fill vacancy in legislature. Nomination certified. Registration. Supplement of January 20, 1905. P. L. 1905, p. 11. 274. Sec. I. That whenever a writ of election shall be issued by either the senate or house of general assembly of the state of New Jersey for the purpose of filling vacan- cies which shall arise from the death, resignation or other- wise of any member of either of said bodies that the political parties of the county to which such writ of elec- tion shall be directed may nominate candidates for the office in which such vacancy has occurred, in such manner and under such regulations as shall be provided by the county committee of the respective political parties. Supplement of January 25, 1905. P. L. 1905, p. 12. 275. Sec. I. That whenever a writ of election shall be issued by either the senate or house of general assembly of the state of New Jersey for the purpose of filling vacan- cies which shall arise from the death, resignation or other- wise of any member of either of said bodies the advertising of the writ of election in at least four newspapers, if so many there be in said county, said advertising shall be published as nearly as may be equally in newspapers of the different political parties so as to afford the widest possible information to all voters of every political party, and shall be published as often as required by the writ of election, shall constitute a sufficient notice of the hold- ing of such election to the legal voters therein; the con- vention or body making such nomination shall certify to the clerk of the county the name of the person or persons selected as a candidate under the hand of the presiding officer of the convention or other body making such nomination together with an acceptance of such nomina- tion signed by the person selected as a candidate and such certificate of nomination and acceptance shall be filed with the clerk of the county six days before the time fixed by the writ for the holding of such election ; the local boards of registry and election shall meet at the place where such election is to be held in the respective voting districts or precincts, on the Friday preceding the day set for the holding of such election, at one o'clock in the afternoon, 129 and remain in session until eight o'clock in the evening for the purpose of revising" and correcting the registers of voters by adding thereto the names of persons entitled to vote whose names do not appear thereon; the registers of voters used at the last preceding election shall be used at such special election; the clerk of the county in which such election shall be called shall provide official ballots t,*^i"t/ and envelopes of the same kind and under the same regu- lations as provided for in the law to which this is a supple- ment ; the local boards of registry and election shall make Returns, return of the result of such election to the clerk of the county board of registry and election within twenty-four hours after holding such election ; the county board of ngistry and election shall meet on the Thursday follow- ing the holding of such election and shall canvass the vote and certify the result to the clerk of the county, and the clerk of the county shall within three days after such elec- tion is held deliver a certificate of the determination of the county board of registry and election and the certificate appended thereto to the successful candidate and transmit another copy of the same to the secretary of state at Tren- certificate ton; the clerk of the county shall issue to the successful of election candidate a certificate of election immediately after the vote shall be canvassed by the county board of registry and election; official ballots shall be supplied to parties applying for them under the same conditions and regula- tions as provided in the act to which this is a supplement; except as herein approved, such special election shall be conducted in the same manner and under the same condi- tions, restrictions and penalties as general elections for members of assembly. 276. Sec. 2. The members of the boards of registry of Compensa- election shall each receive, ten dollars and no more for all services rendered under the provisions of this act. Supplement of April 6, 1905. P. L. 1905, p. 224. 277. Sec. I. Supplemented by P. L. 191 1, chap. 188', sec. 31, paragraph 409, post. I30 Penalty for Illegal registering, voting, assisting, abetting or acting at election. 278. Sec. 2. Whoever shall solicit the registering of his name on the registry list of any election district or pre- cinct in this state, knowing that he is not a legal voter in such district or precinct; whoever shall willfully counsel, piocure, aid, advise, assist or abet in the registering of the name of any other person on the registry list of any elec- tion district or precinct, knowing such other person is not entitled to vote therein; whoever at any election, knowing that he is not a qualified voter, votes thereat ; whoever at any election votes or attempts to vote more than once on his own name; whoever at any election votes or attempts to vote in more than one election dis- trict or precinct; whoever at any election votes or at- tempts to vote upon any other name than his own; who- ever knowingly casts or attempts to cast more than one ballot at one time of balloting; whoever at any election counsels, procures, aids, advises, assists or abets any per- son, knowing that he is not a qualified voter, to vote thereat; whoever at any election counsels, procures, aids, advises, assists or abets any pers'on in voting in more than one election district or precfnct; whoever at any election counsels, procures, aids, advises, assists or abets any per- son to vote or to attempt to vote upon any name other than his own, or knowingly casts or attempts to cast more than one ballot at one time of voting; whoever at any election in this state shall in any way willfully mark or deface his ballot, or shall willfully counsel, procure, aid, advise, assist or abet any person in the marking or defac- ing of a ballot ; whoever at any election in this state shall in any way counsel, procure, aid, advise, assist or abet any official or person in any act which is contrary to the pro- visions of this act or the act to which this is a supple- ment; whoever at any election in this state shall in any way willfully hinder or prevent a voter from casting his legal vote, knowing such person to have a right to vote; whoever shall willfully tamper with, injure, mutilate, destroy or render unfit for use, any ballot-box * * * shall be guilty of a misdemeanor and punishable by a 131 fine of five hundred dollars or imprisonment in state prison for the term of three years, or both. Supplement of April 12, 1905. P. L. 1905, p. 262. 279. Sec. I. It shall be the duty of the justice of the re^^gt^^°Hst supreme court assigned to hold the circuit court, and the ''5" *^® ^°"''*- judge of the court of common pleas, in each of the several counties of this state, or one of said judges, to sit and hold a court of common pleas at the court house in their respective counties on the Monday next preceding the day of the general election for members of the general assembly, from eight o'clock in the forenoon till five o'clock in the afternoon, to revise and correct the registry of election in the several election districts in such county, and in case any legal voter in any election district has been refused the right to register, or his name has been im- properly or inadvertently left oflf the registry-list, he may, on said day, apply in person, to said court for the purpose of having his name placed upon the register ; and the said court, upon such application and upon satisfactory evi- dence that such person is a legal voter entitled to vote at such election, may give a certificate under the seal of the court to that eflfect, and the clerk of the court shall add the name of such voter to the proper register on file with him ; such voter may, upon the day of election, present said certificate to the board of registry and election of the district in which he is entitled to vote, and said board shall receive and file said certificate and add his name to the register, and he shall thereupon be allowed by said election board to vote at said election. 280. Sec. 2. It shall also be the duty of said justice of the supreme court and the said judge of the court of com- mon pleas, or one of them, to sit and hold a court of com- mon pleas at the court house in their respective counties on the day of the general election for members of the general assembly from eight o'clock in the forenoon till seven o'clock in the evening, and in case the vote of any person registered, in any election district, has been refused or rejected by the district board of elections, in such dis- trict, the said court shall, upon application, in person, by p^tits Name added. Court in session on election day. 132 Registers delivered to county cJerk. Summary action of court. Duty of sheriff. When edition officer in c.in tempt. the person so refused or rejected, proceed, in a summary way, to inquire whether such person is entitled to vote in such election district; and if the court shall find that such person is legally entitled to vote in said election dis- trict, it shall issue a certificate, under its seal, to the board of registry and election of the district in which such person is entitled to vote, reciting that such person is entitled to vote in such election district and shall deliver such certificate to such person; such person may present said certificate to the board of registry and election of the district in which he is entitled to vote, and said board shall receive and file said certificate, and thereupon he shall be allowed to vote at such election. 281. Sec. 3. The county board of elections, in each of the several counties of this state, shall deliver to the county clerk, at or before eight o'clock in the forenoon, on the Monday next preceding the general election, all the copies of the registers which were in their possession on the Saturday next preceding said general election, who shall have the same in court for the use of the court while act- ing under the authority conferred by this act ; said regis- ters shall be returned by the said county clerk to the cus- tody of the county board of elections on the day after the election shall be held. 282. Sec. 4. In making investigations -under this act to determine the right of any person or persons to vote or to register, the court shall have power to act upon such appli- cation or matter in a summary manner, and to issue sub- poenas for the production of papers, or the appearance of persons with like power, jurisdiction and authority as said court would have in any civil cause pending therein ; the sheriff of the county or a deputy duly appointed by him, shall be authorized and required to serve all processes issued out of the said court on any application pending under this act, and he shall also be authorized and re- quired to enforce any orders or proceedings made, entered and directed to be executed by the said court. 283. Sec. 5. If any board of registry and election, or any member thereof sliall fail. or refuse to comply with the 133 order of the said court made in any proceeding taken under this act, such failure or refusal to so comply may be dealt with and punished as and for contempt of court. 284. Sec. 6, It shall be the duty of the county clerk, as Duty of cierk of the court of common pleas, to attend upon the derk. sessions of court required to be held under this act, either in person or by deputy, at all times during the sitting thereof, and to record and keep the minutes of the said court in any matters arising under this act, and for such service he shall be entitled to receive and be paid by the county collector, for each day's attendance, the sum of ten dollars. 285. Sec. 7. Each of the judges holding the court of ^ouT/^" common pleas, as herein required, shall be entitled to re- '"dges ceive the sum of twenty dollars for each day he shall be personally present, pursuant to the provisions of this act, in addition to the salary to which he is now entitled by law, which sum shall be paid by the collector of the county as other court expenses are paid. Supplement of May 16, 1906. P. L. 1906, p. 497. 286. Sec. I. It shall be the duty of all town, township, ;,^-^^J^™7cioai borough, city or other municipal clerk, at least forty-five c^erk of days before any general or State election, to make and fiUed, certify under their hands and seals of office and forward to the clerk of the county in which such town, township, borough, city or other municipality is located a statement designating the town, township, borough, city or other municipal offices which are to be filled at such election, and the number of persons to be voted for each office. 287. Sec. 2. It shall be the duty of the county clerk of offices to be each county, in the preparation of official ballots under the on'^baiiot"^^'* act to which this act is a supplement, to place on such official ballots for each party or group of petitioners hav- ing candidates to be voted for at any election the name or title of each office to be filled at such election, whether such party or group of petitioners shall have made any nomination for such office or not. 134 Schedule of appropria- tions on primary ballots. Supplement of May 24, 1906. P. L. 1906, p. 657. 288. Sec. I. The members of any political party which now is or may hereafter be entitled to nominate candi- dates at the primary elections provided for in the act to which this act is a supplement, in all municipalities where tax levies and appropriations of money to be raised by tax are fixed by vote of the people, in addition to nominating delegates or candidates at such primary elections, may also vote for a schedule of appropriations to be placed on the party ticket at the ensuing election ; if the petitioners nominating candidates for office or for delegates shall include in their petition an endorsement of any proper schedule of appropriations, accompanied with a prayer that the schedule of appropriations be placed on the pri- mary ballots, the clerk or other officer whose duty it may be to prepare the primary ballots shall place thereon such a schedule of appropriations according to the prayer of such petition. The result of such primary election in the premises shall be certified as in the case of candidates nominated at said election. Nominations of candidates by petition may also endorse a schedule of such appropria- tions. The party ballot or party column of any voting machine shall contain the schedule of appropriations as determined by the voters at such primary election, as prayed for in any such petition. Direct nomina- tions at primaries. Supplement of Oct. 28, 1907. P. L. 1907, p. 697. 289. Sec. I. Hereafter all candidates of political par- ties for the following offices, to wit, members of state senate, members of general assembly, county clerk, sur- rogate, register of deeds, sheriff, county supervisor, cor- oner, mayor and for all elective offices of any county in this state, to be voted for at the general election for mem- bers of the general assembly, by the voters of any county in the state, or of any political subdivision thereof shall be nominated directly without the intervention of delegates or conventions, at the primary elections held pursuant to the act to which this act is a supplement, and the acts amendatory thereof and supplemental thereto. Supple- 135 niented by P. L. 191 1, page 298, sec. 37, paragraph 396, post. 290. Sec. 2. Not less than one hundred voters of any poHtical party may file with the county clerk of their county a petition or petitions endorsing any member or members of their political party as a candidate or candi- dates for the nomination of said party to any public office of any county and requesting that the name of the person or persons so endorsed be printed upon the official primary ballot of such political party. The said petition or peti- tions shall be signed in the manner and form provided for the signing and filing of nominating petitions under the act to which this act is a supplement, and shall have attached thereto the affidavit and acceptance as required" by said act. Said petition or petitions shall be filed with the respective county clerks at least twenty-five days prior to the time fixed by law for the holding of such primary election, and the said county clerk shall certify all of said nominations to the clerks of each municipality in his re- spective county at least twenty days prior to the time fixed by law for the holding of said primary elections, specify- ing in said certificate the political party to which the person or person so nominated belong, and said municipal clerks shall each respectively prepare the official primary ballot as required by the act to which this act is a supplement and shall cause to be printed upon the respective tickets for each political party under the name of the office or offices to be filled, the names of all persons so certified as nominated for the respective offices to be filled, in addi- tion to the other names to be printed thereon as required by law. * * * 291. Sec. 3. The board of registry and election in each election district of every county in this state shall include the results of such primary election as to the candidates affected by this act in the statement which they are now required by law to transmit to the municipal clerk, and the said municipal clerk shall forthwith transmit the said results to the county clerk, who shall forthwith canvass said returns, and the person having in the aggregate the Petition to place names on primary ticket Time for filing. [Amended, P. L. 1910, p. 249.] Supple- mented by P. L. 1911, chap. 367, p. 762. Ballot pre- pared by municipal clerk. Result of primary election filed with county clerk, who is to canvas returns. [Amended, P. L. 1908, p. 413.] 136 Names of candidates on ballots Endorse- ment by petition to place name on primary ticket. [Amended, P. L. 1908, p. 413.] Name on. highest number of votes shall be the candidate of his respective party for the office to be filled. In case more than one person is to be elected to the same or similar office, the persons having the highest number of votes to the extent of the number of offices to be filled shall be the candidates of their respective parties for the said offices. In the event of a failure to select a candidate of any political party for any office affected by this act, by reason of two or more persons receiving the highest and the same number of votes, the chairman of the county committee of said political party shall select from said candidates one to be the party candidate for the office in question, and file a statement of such selection with the county clerk, and the person so selected shall be the can- didate of the party at the ensuing election. The county clerk shall cause to be printed upon the official ballots * * * to be used at the succeeding general election, the names of the candidates nominated as aforesaid to fill the respective offices. 292. Sec. 4. Not less than fifty voters of any political party in any municipality of this state other than a county, may file with the clerk of such municipality a petition endorsing any member of their political party as a candi- date for the nomination of said party to public office in said municipality in accordance with and in the manner provided by the act to which this is a supplement for the endorsing of candidates for nomination in a single ward or township, and such municipal clerk shall cause the names of all persons so nominated to be printed upon the official primary ballots of the respective political parties, in the election districts, the voters of which are entitled to vote for such candidate, and the result of said primary election shall be transmitted to the municipal clerk, and by him to the county clerk of said county in the manner provided in the preceding section of this act, and the person receiving the highest number of votes shall be the candidate of his political party at the ensuing election, and the county clerk shall cause his name to be printed as such candidate upon the official ballot * * * to be n7 tor. used in the election districts entitled to vote for said office; provided, that nothing in this section contained i*'"oviso. shall interfere with or alter the provisions of an act to v^hich this act is a supplement, providing for the nomina- tion of candidates for public office in a single borough, ward or township. 293. Sec. 5. The provisions of this act shall be con- Construed St rued in conjunction with the provisions of the act to which this is a supplement and the several supplements Amended, thereto and amendments thereof, and said acts shall apply p. 413. to the nominations provided by this^act, except where in- consistent therewith. Supplement of October 28, 1907. P. L. 1907, p. 702. Kxpression of 294. Sec. I. In any year preceding the election by the primages for legislature of a United States senator it shall be lawful, at ^' ^- ^^°^' the primary election of any political party entitled to hold an election under the provisions of the act to which this act is a supplement, for the voters of such political party ir this state to express, in the manner hereinafter provided, the preference of said voters for United States senator. 295. Sec. 2. Not less than one thousand voters of such political party may file with the secretary of state a peti- tion or petitions in the form required for the nomination of candidates to be voted for at a primary election by the act to which this act is a supplement, except so far as the same is modified by this act, endorsing any member of their political party as a candidate for the endorsement of said political party for United States senator. Said peti- tion or petitions shall each be verified by the oath or affir- mation of two or more of the signers thereof, taken and subscribed before a person quaUfied under the laws -of New Jersey to administer an oath, to the efifect that such petition, to the best of the knowledge and belief of the affiants, is signed in their proper handwriting by each of the signers thereof; that such signers are, to the best of the knowledge and belief of the affiants, legal voters of the state, and belong to the political party named in said peti- tion ; that the person named therein has the legal qualifica- Nomination. by petition Verified by oatli. 138 Secretary of state to notify county clerks. Municipal clerks notified. Voting and canvassing. Kach member of legislature notified by ^ec^etary of state. I'loservatlon of registers. tions for the office of a United States senator; that such petition is prepared and filed in absolute good faith for the sole purpose of securing the endorsement of the person therein named by the voters of said party for United States senator. Not less than twenty days prior to the holding of said primary election the secretary of state shall transmit to the county clerk of each county copies of said petition. The county clerk shall, under his hand and seal, certify to each municipal clerk in his county, not less than ten days prior tc said primary election, the name or names of all persons who have been endorsed by petitions transmitted to him as aforesaid. The said municipal clerks, in preparing the official ballot to be used at the said primary election for the said political party, shall insert thereon the words "Favored for United States Senator," and shall place thereunder the names of all persons so certified to said clerk, in alphabetical order. 296. Sec. 3. The voting, counting and canvassing of the vote cast for such candidates shall be the same as is pro- vided for the voting, counting and canvassing of votes by the act to which this act is a supplement. Each munici- pal clerk shall, within five days after the holding of such election, certify the result of the election for endorsement for United States senator to the county clerk of his county, and the county clerk shall proceed to tjbulate the result, so certified to him, and shall then certify the results to the secretary of state, who in turn shall tabulate the results, and, prior to the convening of the session of the legislature at which the election for United States senator is to be held, announce publicly the result, and certify, under his hand and seal, a statement of the total votes received in the state by each candidate for endorsement for United States senator to each member of the senate and general assembly. 297. Supplemental by P. L. 191 1, p. 276, sec. 36, para- graph 341, post. Amendment of Apr. 27, 191 1, P. L. 191 1, p. 561, to Supplement of Mch. 17, 1908, P. L. 1908, p. 30. 298. Sec. I. All registers of voters or register books 139 which are required to be filed with the county clerks of the various counties and the municipal clerks of the various municipalities of this State, by and under the above-stated act, shall be preserved by such county and municipal clerks, respectively, for a period of five years after the holding of the general election at which they were used, and there- after shall be sold by such county and municipal clerks as waste paper, the proceeds to be paid into the county and mnuicipal treasuries respectively. 299. Sec. 2. This act shall also authorize the several county and municipal clerks to sell all register books, or registers of voters, which have been on file five years pre- vious to the passage of this act, the proceeds to be paid into the county and municipal treasury respectively. Supplement of Apr. 13, 1908. P. L. 1908, p. 412. (Amended by P, L. 1911, p. 06I.) £ale after 5 years. Sale of old registers. (Amended by P. L. 1911, p. 561.) 300. Sec. I. In all cases where the voters of two or more municipalities of this state vote jointly for the office of chosen freeholder not less than three legal voters of any political party in each municipality may file with the clerk of their respective municipality a petition endorsing any member of their political party as a candidate for the nomi- nation of said party to the said office of chosen freeholder, in the manner provided by the act to which this act is a supplement for the endorsing of candidates for nomination in a single ward or t^township. And such municipal clerk shall cause the names of all persons so nominated to be printed upon the official primary ballots of his municipality, and the result of said primary election shall be transmitted to the municipal clerk, and by the municipal clerk in each of said municipalities to the county clerk of said county in the manner provided in the act to which this act is a supplement ; and the person receiving in the aggregate the highest number of votes in the various municipalities en- titled to vote for said office, shall be the candidate of his political party at the ensuing election ; and the county clerk shall cause his name to be printed as such candidate upon the official ballot of his party to be used in the election districts entitled to vote for said office. Petition to place names for free- holder on Ijrimary ticket. Candidate party at ensuing election. of 140 Acceptance of nomina- tion accessary to place name on ballot. Time for filing petition. Ilepealer. Payment of expenses of special election. Provision for funds May Issue bonds. Supplement of Mar. 23, 1910. P. L. 1910, p. 55. 301. Sec. I. If at any primary any person is nominated as a candidate for office who before the holding of such piimary had not filed a certificate consenting to stand as a candidate if so nominated, the name of such candidate shall not be printed on the official ballot unless the person so nominated as a candidate shall, within ten days after the holding of such primary, file in the office of the clerk of the county within which said primary was held a cer- tificate stating that he is qualified for the office and ac- cepts such nomination. Supplement of Apr. i, 1910. P. L. 1910, p. 120. 302. Sec. I. All petitions providing for the nomination of candidates for public office in a single ward, * * ^f; and all petitions endorsing the person or persons therein named for the position of delegate or delegates to the en- suing State * =!= =i^ convention * * * shall be filed with the municipal clerk, * * * days prior to said primary election. (See P. L. 191 1, p. 276, sec. 42, para- graph 347, post., P. L. 19 1 2, 388. See paragraph 243, ante.) Supplement of Apr. 4, 1910. P. L. 1910, p. 128. 303. Sec. I. All lawful expenses heretofore incurred within the body of the county, in special elections held throughout the State or throughout the body of any county thereof, shall be paid by the board of chosen freeholders of such county, unless otherwise provided by law. 304. Sec. 2. If no item of appropriation was inserted iii any county tax budget for the payment of such ex- penses, or if the item was exceeded, and such board of freeholders has no funds available for the payment of the same, then it shall be lawful for such board to place the amount of such election expenses in the tax levy; and such board may borrow, on temporary loan bonds, suf- ficient moneys to pay such election expenses, said bonds to be payable within one year from their date, to bear interest at not exceeding five per centum per annum, pay- able semi-annually, and shall be executed in the manner that bonds of such county are usually executed, and shall 141 be sold at either public or private sale for not less than par, and the said board shall place in the tax levy next after the issuance of such bonds an item of appropriation suf- ficient to pay the principal and interest thereof as the same mature. Supplement of Apr. ii, igio. P. L. igio, p. 416. ^os. Sec. I. In the event of a vacancy occurring by Filling , , , . . , . . rr vacancies aeath, removal, resignation, or otherwise, in any otnce, occurring the candidates for which are required by law to be nomi- ^ly^To" '^'^ anted by petition and voted upon at a primary election, petition and which vacancy shall occur prior to the general election election, but subsequent to the day fixed by law as the last day for filing the appropriate petition, the county committee, or the city or other municipal committee where the va- Cr.ncy affects only such city or other municipality, of each political party, is hereby authorized to select a candidate for the office in question and file a statement of such selec- tion with the clerk of such municipality as the candidate, if elected, would serve or represent, and the person so se- lected shall be the candidate of the party at the ensuing general election; and the said selection shall be made by such committee within five days after the vacancy shall occur; provided, hozvcver, that such statement shall be Proviso, filed not later than fifteen days prior to such general elec- tion ; and provided farther, that notice of the selection as proviso aforesaid shall be given by the municipal clerk to the county clerk. Supplement of Apr. 19, 191 1. P. L. 191 1, p. 276. 3c6. Sec. i. No election district within this State shall ^ll^^^l^ contain more than four hundred voters, except in an elec- districts, tion district wherein there may be located a home or in- stitution wherein persons entitled to vote may reside, and in any such district the number of voters shall be as near four hundred as possible. Immediately after this act goes into effect, the governing board or body in every city, bor- p^°5L°^m2 ough, town, township, village or other separate munici- p. 667.) pality, shall examine the registry list of each election dis- trict within any such city, borough, town, township, vil- lage or other separate municipality, and if it shall appear 142 Readjust- ment of district lines Proviso. Municipal clerks notified. Divisions made. Clerk to obtain registry boxes from county clerk. Readjusted boundaries filed. from such examination, or from other available sources of information that there is therein any election district in which over four hundred votes were cast at the last gen- eial election, the said governing board or body shall im- mediately readjust the boundary lines of the election dis- tricts so that no election district shall contain over three hundred and fifty registered voters. Whenever thereafter at any general election, in any election district, over four hundred votes shall have been cast, the said governing board or body, as aforesaid, shall again readjust the boun- dary lines of election districts and shall have power to con- solidate any number of districts and resubdivide the same ; provided, that in every division, change or readjustment of the boundary lines of such election districts, the geo- graphical compactness of each district shall be maintained and the lines of such district shall not extend beyond the boundary lines of the ward in the city, borough, town, township or village in which such district is located. It shall be the duty of the Secretary of State, within five days after the passage of this act, to send by mail to the clerk of each municipality in this State a copy of this section of this act. It shall be the duty of said clerk to forthwith cause such copy to be laid before the said governing board or body of such municipality; and said board shall proceed to carry out the provisions of this sec- tion of this act. It shall not be lawful for such board to make division of any election district between the twen- tieth day of April and the day of the general election in any year. The clerk of any city, borough, town, township, village or other separate municipality may make applica- tion to the justice of the Supreme Court holding the circuit court in his county, for an order directing the county clerk of such county to transmit to such municipal clerk the registry books of any election district in his municipality, for the purpose of such redistricting, which order shall di- rect the time within which such registry books shall be returned to such county clerk. 307. Sec. 2. Whenever any readjustment of the boun- daries of an election district has been made, the govern- 143 ing board or body making such readjustment shall imme- diately cause a description of the boundaries of such re- adjusted district to be filed in the county clerk's office and a duplicate thereof in the office of the clerk of the city, borough, town, township, village, or other municipality. For the purpose of the foregoing sections the term "elec- tion district" shall be construed to mean the territory with- di^Jrfct"" in which there is a single polling place for all voters defined, therein. II. 30S. Sec. 3. The members of the district boards of Appoint- registry and election in each election district in this State election shall hereafter be appointed in the manner hereinafter pre- <'®^^'^^- scribed. 309. Sfx. 4. Two members of each board of registry two and election shall be appointed from each of the two JJom^^each political parties which at the last preceding general elec- political tion cast the largest and next largest number of votes in the State for members of the General Assembly. The chairman of each county committee of said po- County litical parties, shall, on or before the first day of June in send list to the year one thousand nine hundred and eleven, and there- ^(^o^mlssior after on the first day of May in each year, transmit in writing to the State Civil Service Commission at Trenton, a list of men of good moral character whom said chaimian recommends for appointment in the several election dis- tricts in his county. In said list said chaimian may recom- mend more than the number of men who are entitled to be appointed under this act. Not less than five legal voters of this State, all of whom voters may shall be members of one of the political parties aforesaid, have^names and who reside in the same election district, may prepare ^jj^^i °iist and sign with their names, residences and post-office ad- dress, a petition addressed to the State Civil Service Com- mission setting forth that the signers are qualified voters of the election district in which they reside; that they are members of a political party (naming the same), and that at the last election for members of the General Assembly 144 Additional facts set forth in petition. When peti- tion filed. preceding the execution of the said petition, at which they voted, they voted for a majority of the candidates of said party for National, State and county offices, and that they intend to affiHate with said party at the ensuing election; that they endorse the person named in their petition as a candidate for member of the board of registry and elec- tion of said party for the election district in which said signers reside, that said person is a member of said party, and that they request the said State Civil Service Com- mission to examine the person so endorsed, and if found qualified, to place the name of said person upon the eligi- ble list of men qualified to be appointed to said position in said election district; and said petition shall further state the residence and post-office address of the person so en- dorsed and shall certify that the person so endorsed is of good moral character and is, in the judgment of the peti- tioners, legally qualified under the laws of this State to serve as an election officer in said district, and that he has resided for the period of one year in the election district in which he is endorsed for appointment or in any territory of a readjusted district included in the new district; each of the said petitions shall be verified by the oath or affirma- tion of one or more of the signers thereof, taken and sub- scribed before a person qualified under the laws of New Jersey to administer an oath, to the effect that such peti- tion is signed in their own proper handwriting by each of the signers thereof; that said signers are to the best of the knowledge and belief of the affiant^ legal voters of the said election district as stated in said petition, and belong to the political party named in said petition, and that said petition is prepared and filed in absolute good faith for the sole purpose of endorsing the person therein named in order to secure his appointment as election officer as stated in said petition. Said petition shall be filed with the State Civil Service Commission on or before the first day of June, one thousand nine hundred and eleven, and there- after on or before the first day of May in each year. No voter shall endorse more than one person for a member of a board of registry and election. 145 Accompanying said petition, each person endorsed ^^'^jj^^*® ^^ therein shall file a certificate under oath stating that he to fitness is qualified for the position of election officer as men- intention. tioned in said petition, that he belongs to said political party and at the last election for members of the Gen- eral Assembly preceding the execution of said petition, at which he voted, he voted for a majority of the candi- dates of the said party nominated for national, State or county officers, and he intends to affiliate with the said party at the ensuing election ; that if he shall be appointed to said position, he agrees to perform the duties thereof for the term for which he shall be appointed. 310. Sec. 5. The said State Civil Service Commission Examina- shall hold in each- county in this State a civil service ex- applicants, amination for the purpose of passing upon the qualifica- tions of said applicants for the position of members of the boards of registry and election in the election district of such county before the fifteenth day of August in each year. The said commission shall give five days' notice by mail to all the applicants from each county whose ap- plications are filed with them as aforesaid, of the time and place of holding the civil service examination in such county. The said examination shall be held for the pur- tions to be pose of determining that the said applicants for the said considered, appointments shall possess the following qualifications: the ability to distinguish readily the ordinary colors, such as red, blue, black, green, white and yellow; such eye- sight as will enable the applicant, with or without eye- glasses, to read nonpareil type; the ability to read the English language readily; the ability to add and subtract figures correctly; the ability to write in a legible hand with reasonable facility; a reasonable knowledge of the duties required to be performed by them as election officers under the election laws of the State ; health, which would permit them to discharge their duties as such election offi- cers ; and that each applicant shall be of good moral char- acter and shall have resided in the election district in which he makes application to be appointed, or in any ter- ritory of a readjusted district included in the new district, 146 for the term of at least one year, and that he is a legal voter in such district. List of sue- 'pj^g Civil Service Commission shall, as a result of said cessful appli- cants examination, on or before the twentieth day of August in each year, certify to the judge or judges of the Court of Common Pleas in each county and to the county boards of elections therein, the applicants who pass such exam- ination for members of the boards of registry and election in each county. In such certificates the Commission shall indicate to which political party the applicants belong, naming the applicants of each party in each election dis- Appropria. trict. The sum of ten thousand dollars shall be appro- °°* priated annually for the expenses of the State Civil Service Commission in carrying out the provisions of this act. The said expenses shall be paid upon requisition upon the financial officers of the State, signed by the said com- mission and endorsed by the Governor. Such portion of said sum of ten thousand dollars as it may not be necessary to expend for the said purpose shall be returned to the State Treasury. Manner of 311. Sec. 6. It shall be the duty of each county board eLction^ of elections, from the eligible list certified as aforesaid, frora^ the ^^ ^^ before the twenty-fifth of August in each year, to eligible list, select the members of the boards of registry and election for said county in the manner following, to wit: Each name so certified shall be written on a separate piece of paper, together with the election district in which the person so named shall reside, which pieces of paper shall be separately folded so as to conceal the name and elec- tion district of each person so certified ; the pieces of paper containing the names of the members of the largest po- litical party as aforesaid shall, in the presence of such judge or judges, be put into a box for said party, and those of the next largest political party deposited in a like manner in a box to be used for that party. Before de- positing the same, said slips shall be, by said judge or judges, compared with the list certified as aforesaid by said Civil Service Commission. Said pieces of paper by^iot! when so folded shall be of the same size, color and shape 147 as nearly as may be. After the said boxes shall be closed and shaken in such a manner as to intermingle the pieces of paper so placed therein, the county board of elections, or some person appointed by such judge or judges for that purpose, in the presence of the county boards of elec- tion and of said judge or judges, shall, in an open and public manner, draw out of said boxes, separately, as many names as may be necessary to provide in each election district four members of the board of registry and elec- tion, being two members from each of said political par- ties. The names so drawn as aforesaid and transcribed by County the county board of elections as they are read by the per- elections to sons drawing them from the box, shall constitute the elec- H^sonl tion officers as aforesaid, and it shall be the duty of the drawn to . t J r 1 • . . district county board of elections to appoint the persons so drawn boards, as aforesaid as the members of the board of registry and election in the respective districts for which they were chosen, and to issue to each of them a proper certificate of appointment. The proceedings as aforesaid shall be under the direc- Proceedings ,. P ^, . J . - - , ^ , under direc- tion ot the judge or judges of the court of common pleas, tion of who shall have full power and authority to conduct such ^^"''*' proceedings in accordance with the intent and purpose of this act and to provide for the correction of any mistakes or errors in the method of doing and performing the same. 312. Sec. 7. If in any election district there are no ap- if no appii- plicants on the eligible list of one or both of such political cancy, 'ap-^*' parties, or if at any time, for any reason, a vacancy oc- J^u^^e™^"* ^^ curs in any district, said judge or judges of the Court of Common Pleas shall select a member for such vacancy from the voters of the proper political party in said elec- tion district, and certify the same to the said county board of elections, which shall appoint the men so certified. Such selection by said judge or judges of the court shall be made without any civil service examination, but the said judge or judges shall select said men in accordance with the intent of this act, as hereinbefore provided. 148 Term of election officers. Period of eligibility. Right to question ap- pointments. Prompt decision. Hearing a vleterraina- tion. 313. Sec. 8. The election officers thus appointed shall hold office for the term of two years or until their suc- cessors are appointed, unless sooner removed as herein- after provided, but the term of one of the members of the board of registry and election of each poHtical party in each election district first appointed under this act shall be for one year or until his successor is appointed. The member whose term shall be one year shall be determined by lot by the said judge or judges of the Court of Common Pleas. Any person who has once passed the examination herein provided shall be eligible for appointment for the period of six years thereafter, without further examina- tion; and upon his application to the Civil Service Com- mission, stating that he has resided for the period of one year in the election district in which he seeks appointment, or any territory that is a portion thereof in case the same has been redistricted, said commission shall certify his name on the eligible list to the county board of elections, and to the judge or judges aforesaid. 314. Sec. 9. Any voter who has reason to believe that said appointments have not been made in accordance with the provisions of this act, or that, for any reason, any appointee is not qualified or is ineligible, may present a petition to any judge assigned to hear cases in the Circuit Court in and for said county or to any judge of the Court of Common Pleas in said county, setting forth his reasons and praying that such judge shall make an order requiring and directing the county board of elections to cancel the appointments complained of, and to make new appoint- ments as requested in the said petition, or as may be de- termined upon by said judge. Said judge, on the filing of the said petition, shall adjudicate upon the same in a summary way, upon such notice to the county board of elections, and to the person or persons whose appointments are complained of, as he may direct to be made. Upon the hearing of the said application, such judge shall take such testimony as he shall deem necessary to determine the merits of the application, and shall render such judgment as will carry out the intent, purpose and provisions of this 149 act. Said judge shall have power after hearing, as afore- ^^^se may said, to cancel the appointments of such members of the Xew appoint- district boards of registry and elections, and to fill such "^^'^ ^" vacancy from the voters of the election district wherein such vacancy so arises. Upon the filing of such new ap- pointments with the said county board of elections, the persons therein named shall become members of the re- spective boards of registry and election to which they are appointed as aforesaid, for the unexpired term of the members removed, and said county board shall issue to them the proper certificate of appointment. 315. Sec. 10. The board or body having charge of the Expenses met finances in each municipality shall provide for the ex- paimes! ^ penses of carrying out this act in their municipaHty, except as herein otherwise provided. 316. Sec. II. The compensation of each member of Compensa- the boards of registry and election for all services per- election formed by them under the provisions of this act and the ^<>^^^s- act of which this act is a supplement, and the supple- ments to and amendments of said act, shall be as follows: For each registry day other than the primary registry when popu- day, including the services in making the house-to-house ceeds 5,000. canvass in municipalities having a population of less than five thousand, eight dollars ; for the primary registry day, including all services rendered in holding the primary elec- p^^^^gis tion, except services in mailing the ballots, fifteen dollars ; p- '^^• for mailing the primary and election sample ballots, four dollars ; for all services on election day, including count- ing of the votes and delivery of returns and ballot-box, with contents, to the municipal clerk, fifteen dollars; for services at any special election, ten dollars ; for all services in holding the primary for selection of delegates to na- tional conventions, including the making up of the regis- try list and the mailing of sample ballots, fifteen dollars. The same shall be in lieu of all other fees and paymenis whatsoever. I50 III. Delegates to national conventions chosen at primary. Chairmen of state com- mittees to notify sec- retary of state of number of delegates. Secretary of state to certify number to county clerk. One hundred voters may petition to place name on party ticket. 317. Sec. 12. All delegates and alternates to the na- tional convention of the political parties before mentioned in this State shall be chosen at primary elections as here- inafter provided. 318. Sec. 13. The chairman of the State committee of said political parties shall notify the Secretary of State, on or before the fifteenth day of April in the year in which a President of the United States is to be elected, of the number of delegates at large, and the number of alternates at large, to be elected to the next national con- vention of his party, by the voters of the party through- out the State ; and also the number of delegates and alter- nates who are to be chosen to said national convention in the respective congressional districts or other territorial subdivisions of the State, as mentioned in said notification. If the State chairman, or either of them, shall fail to file such notice, it shall be the duty of the Secretary of State to ascertain the said facts from the call for said national convention issued by the national or State committee of said party. 319. Sec. 14. The Secretary of State shall, on or be- fore the twentieth day of April in such year, certify to the county clerk of each county in this State the number of delegates and alternates at large to be chosen by each party as aforesaid, and the number of delegates and al- ternates to be chosen in each congressional district or other territorial subdivision of the State composed in whole or in part of the county of such county clerk. 320. Sec. 15. Not less than one hundred members of either of said political parties may file with the Secretary of State, on or before the first day of May in any year of a presidential election, a petition requesting that the name of the person therein endorsed shall be printed on the primary ticket of their political party as candidate for the position of delegate at large or alternate at large, to be chosen by the party voters throughout the State to the national convention of said party, or as a delegate or alter- 151 nate to be chosen to said convention by the voters of any congressional district or other territorial subdivision of the State larger than a single county. The signers to the petition for any delegate at large or alternate at large shall be legal voters resident in the State; and the signers for any delegate or alternate from any congressional district or subdivision greater than a single county shall be voters of such district or subdivision. The Secretary of State Secretary of state to shall, within five days thereafter, certify to each county certify such clerk in this State said nominations for delegates and alter- county clerk, nates at large, and the nominations for delegate or alter- nate for any congressional district or other territorial sub- divisions made up in part of the county of such county clerk. ^21. Sec. 1 6. Not less than one hundred votes of either retition to . .. , ,, -ij' place name of said political parties residents in any congressional dis- on district trict, or other territorial subdivision of this State, situated *^^ ^*" within a single county, entitled under the call of their party to choose delegates and alternates to the said na- tional convention of the party, may file with the county clerk of their county on or before the first day of Mar in any presidential year, a petition requesting that the name of the person therein endorsed may be printed on the prim- ary ticket of their party as a candidate for the position of delegate or alternate for said district or subdivision. ;^22. Sec. 17. Candidates for the position of delegates ndidates or alternates may be grouped together, and they also may grouped, have the name of the candidate for President whom they favor placed opposite their individual names, or opposite such groups, if they so request in their petitions, under the caption "Choice for President." The said petitions shall be as near as may be in the form now required by law in pg^^^Son. the case of petitions for the nomination of delegates to State conventions of political parties in this State. 323. Sec. iS. Each county clerk shall forward, on or before the eighth day of May, to the clerk of each mu- ^le^ks^to nicipalitv in his county a statement of the persons whose forward ^ ' -^ . . 1 /■ 1 names to names are to be printed on the primary ticket of each party municipal clerks. 152 Municipal clerks to have printed official primary tickets. as candidates for the position of delegates and alternates, filed with or certified to him as hereinbefore provided. 324. Sec. 19. Said municipal clerk shall cause to be printed official primary tickets for each political party containing the names of the persons for whom the party voters in his municipality are entitled to vote as candi- dates as aforesaid for the positions of delegates and al- ternates to the national convention of such party. The form of said ballot shall be as near as may be the form authorized in section forty of this act. IV. Municipal clerks to de- liver to clerks of election supplies necessary for primary. Also ballots and boxes. Polling places. Primary to choose dole- gates to na- tional con- ventions. 325. Sec. 20. Each of said municipal clerks shall de- liver to the clerk of each board of registry and election in his municipality, at the office of the municipal clerk, on or before Tuesday preceding the day of the primary as hereinafter provided, the poll book and the primary book made up in such election districts at the last preceding general and primary elections respectively, and the books and forms for writing down the names of voters, making out returns and the affidavits filed with him, and gen- erally such things as such clerks are now required by law to furnish said boards for use at the annual primary elec- tion in September of each year, taking receipts therefor from said election clerk, and said election clerk shall de- liver the same to the board of registry and election of which he is clerk in time for use at said primary election. On or before the day of the primary said municipal clerk shall also deliver to such board, at his office, the ballots and ballot-boxes for each party. Said municipal clerks shall also procure the places for holding the primary elec- tions herein provided for, which shall be as near as may be the same places used for the primary and general elec- ^tions held in the fall of each year. 326. Sec. 21. Said primary elections for the choice of said delegates and alternates of both political parties shall be held on the fourth Tuesday of May in each presiden- tial year, from one to nine P. M. Said primary elections 153 shall be conducted by the members of the boards of regis- try and election, as near as may be in the manner now required by law for the conduct of the annual primary elections in September of each year; and the provisions of this act and of the act to which this act is a supplement, and of the acts amendatory thereof and supplemental thereto, shall apply as far as may be to the primary elec- tion held under this act, except as herein otherwise pro- vided. 327. Sec. 22, Every voter whose name shall appear on ^^^ entitled . ^^ to vote for the poll book of the last preceding general election in the delegates to election district in which he offers to vote, or who has ven\°ons *^°" been registered by affidavit as hereinafter provided, shall be entitled to vote in the primary of his political party held under this act for the election of delegates and alter- nates to national conventions. No person shall be allowed to vote at said primary unless his name appears on said poll book, or unless he has been registered by affidavit as hereinafter provided; nor shall any voter be allowed to vote in the primary of one political party if his name ap- pears in the primary book of the other political party as made up at the last preceding primary election in said elec- tion district. 328'. Sec. 23. Any voter qualified to vote at the general by^mda^ft election in this State, who did not vote at the general with election preceding any primary election to be held under clerk, this act for the selection of delegates to national conven- tions, may register for said primary election, 'and be en- titled to vote thereat, by filing with the municipal clerk of his municipality, at least ten days prior to the day of the primary an affidavit in the form now required by law for registering voters for any general election. From How primary said poll books and affidavits, and from said primar>' made. books, the board of registry and election shall make up a primary registr}- list for said primary elections, with the letter "R" or the letter "D" opposite the names of those voters whose names appear in said primary books, re- spectively; and from said lists shall determine the right of each voter offering to vote at said primary. It shall 154 Sample ballots and envelopes distributed. Mailed to each voter Receipts required. Statement on envelopes. Character of sample pri- mary ballot. Samples posted. be the duty of the municipal clerk in each municipality in the State to furnish to each board of registry and elec- tion in his municipality, at his office, on or before the Tues- day preceding said primary election for the selection of delegates to the national conventions, a sufficient number of official sample primary ballots of each party, and a suf- ficient number of one-cent stamped envelopes, to enable the said board to mail one copy of the sample primary bal- lot of each party to each voter who has registered for said primary election; and it shall be the duty of each of said boards to prepare and deposit in the post office, on or be- fore twelve o'clock on Wednesday preceding the said primary day, said stam|>ed envelopes containing a copy of the sample primary ballot of each political party addressed to each voter whose name appears in the said registry list for said primary. Each of said boards shall give to the municipal clerk a receipt for said sample ballots and en- velopes, signed by one of their members, and shall return to said clerk the unused sample ballots and stamped en- velopes, with a written statement signed by all of the mem- bers of said board, to the effect that the remainder of said sample ballots and envelopes were actually mailed or posted as provided in this act. Each of said envelopes shall have printed on the face thereof in large type the words ''Sam- ple Primary Ballot" and in small type the words "If not delivered in two days return to " (city or town clerk), and said returned envelopes shall be retained by the municipal clerk for thirty days open to public in- spection. Said sample ballots so mailed shall not be voted. 329. Sec. 24. The said sample primary ballots shall be as nearly as possible a facsimile of the official ballot to be voted at the said primary election, and shall be printed on paper different in color from the official primary bal- lot, so that the same may be readily distinguished from the official primary ballot. The sample ballot shall' have printed at the top in large type the words, "This sample ballot is an exact copy of the ballot to be used on primary day. This ballot cannot be voted." The clerk of tht board of registry and election shall 155 also post such sample primary ballot in the polling place and five other public places in his district. It shall be unlawful for any election officer to accept from any voter and deposit in the ballot-box any sample primary ballot. Not to be voted. 330. Sec. 25. Each board of registry and election shall count and canvass the returns of said primary election at the close thereof, and forthwith deliver said returns, boxes, poll books of the preceding general election, affidavits, primary books, and list of voters voting in each primary, to the municipal clerk. Said clerk shall forthwith cer- tify to the county clerk the result of the returns so filed with him. The county clerk shall ascertain from said certificates the persons who have received the highest number of votes for delegates and alternates to the na- tinonal convention of each party, in the territorial division situated wholly within said county, and shall issue to such persons a certificate certifying to the fact of their selec- tion as aforesaid. Said county clerk shall also forthwith forward to the Secretary of State a statement showing the number of votes cast for each candidate for delegate or alternate to be chosen by the voters of each party through- out the State, or from the congressional or other terri- torial district larger than a single county, of which said county is a part. The Secretary of State shall forthwith ascertain from said statements the persons in each party who have received the highest number of votes for dele- gates at large, alternates at large, and delegates and alter- nates chosen in each congressional or other territorial dis- trict larger than a single county ; and shall forthwith issue to each of such persons a certificate certifying that said persons have been duly chosen as such delegates and alter- nates respectively. The persons receiving such certificates from the Secretary of State, or any of the county clerks, shall be deemed to be chosen at said primary election as such delegates and alternates, respectively. Canvassing, returns, dis- position of books, etc. Certificates of election by county clerlis. County clerk to forward statement. Secretary of state to issue certificate of election to delegates to convention. iS6 V. Candidate for president may have name placed on primary ticket by t'otition. Petitioning. Secretary of state to cer- tify to county clerls and he to municipal clerk. Preference indicated. Canvass and certifications. 331. Sfx; 26. It shall be lawful for not less than one thousand voters of any political party in this State to file a petition with the Secretary of State, on or before the first day of April in any year in which a President of the United States is to be chosen, requesting that the name of the person endorsed in said petition as a candidate of the said party for the office of the President of the United States shall be printed upon the official primary ballot of said party for the then ensuing election for dele- gates to the national convention of said party. Said peti- tion shall be in the form required by law for the endorse- ment of a candidate for United States Senator, but it shall not be necessary to have the consent of such candidate for President endorsed on said petition ; all of the names need not be signed to the same original petition, but copies thereof may be made to which signatures may be attached, but every petition shall have annexed the affidavit of one or more of the signers that the other signers to the said petition signed the same in good faith for the purposes therein mentioned. The Secretary of State shall certify the names so filed in his office to the county clerk of each county on or before the twenty-fifth day of April, and such county clerk shall forthwith certify the same to the mu- nicipal clerk of each municipality in his county on or be- fore the twenty-ninth day of April, and the said municipal clerk shall cause said names so certified to be printed upon the primary tickets of the respective political parties for use at the then next ensuing primary election for the elec- tion of delegates to the national convention of said par- ties, under the heading "Choice for President." The voters at such primary election may indicate their prefer- ence among the candidates for President, whose names thus appear upon the ticket, by marking a cross in the square at the right thereof. The votes so cast for such candidates for President shall be counted, canvassed and returned to the municipal clerk by the board of registry and elections, and shall be certified by such municipal clerk ^\n noun ce- ment. forthwith to the county clerk, who in turn shall forthwith certify them to the Secretary of State, and the Secretary of State shall publicly announce the vote cast for each candidate for President in each party, as shown by the said returns so filed in his office. In the event that anv candidate for nomination, who ^^ case of , - - . . . 01 , . 1 o f declination. is thus endorsed m a petition filed in the Secretary of State's office, shall on or before the twenty-fifth day of April decline in writing, filed in the office of the Secre- tary of State, to have his name printed upon said pri- mary ticket, the said Secretary of State shall not certify the name of such candidate to the respective county clerks. VI. 332, Sec. 2y. No person shall be entitled to vote at ^^^l ^^^ any primary election held in September of each year, Primary, pursuant to the act to which this act is a supplement, and its supplements and amendments, unless his name, at the time of voting, shall appear upon the poll-books used at the preceding general election or upon the primary reg- istry list made up as hereinafter provided; but any quali- fied voter may register on said primary day for the en- suing general election in the manner provided by law. It is the intention of this act that in cities, towns, town- xwo registry ships, boroughs and villages exceeding five thousand in- iJsts when habitants there shall be two registry lists — a primary regis- exceeds try list, and a general election registry list — and that the primary registry list shall consist of the names on the poll-book of the general election of the preceding year, with the corrections and additions herein provided for, and that the general election registry list shall be made up as hereinafter provided. 333. Sec. 28. The first registry day in cities, towns. First regis- townships, boroughs and villages having a population ex- ceeding five thousand shall be held on the second Tues- day of September in each year, and on said day the board of registry and election, in each election district in such municipalities, shall sit at the place and during the hours try day. 158 Make pri- mary register. Names to be placed on registers. Party designation. Procedure when new districts have been formed, as required by law, for the purpose of preparing registry lists of voters entitled to vote at the ensuing primary and general elections. The said primary registry list shall be made up by the said board as follows : the said board shall place upon the said primary registry list the names of all persons whose names appear upon the poll-book of their election district as having voted in said election district at the last preceding general election. Said names shall be arranged according to streets, as now required for the general election registry list. The municipal clerks shall preserve, open to inspection, the poll-book and also the primary books used in each election district in his munici- pality in each year, and deliver the same at his office to the respective boards of registry and election in time for use on said registry day of the following year. Said clerks shall deliver to each of said boards in his municipality a suitable registry book for the primary registry. The said district boards of registry and election shall also place upon said primary registry list, and also upon the registry list to be prepared for use at the general election, the names of all voters who shall appear in person before said board and register upon said first registry day; and shall also place upon said primary registry lists (but not upon said general election registry list) the names of all voters presented to said board by affidavit, as now required by law. Said boards shall place the letter "R" opposite such of the names on the said primary registry lists as ap- pear also in the said Republican primary book, and shall place the letter "D" opposite such of said names as ap- pear also in the said Democratic primary book. When- ever it shall happen, by reason of the creation of new election districts under this act, or for any other rea- son, that there is no copy of the poll-book of the said election district used at the general election of the pre- vious year, or no copy of the primary book for such election district, the municipal clerk shall furnish to the said board of registry and elections, on or before said first registry day, a list of names of voters in said elec- tion district who voted therein at the last previous gen- 159 eral election, and* also of those who voted therein at the last previous primar}- election in each party primary, which names shall be taken from the poll-book and the primary book of the election district or districts of which the new district formed a part; and from such lists said board shall make up the primary registry list as herein provided. If the poll-book of any election dis- in case t , , , 1 • r 1 -1 poll-book trict has been lost or destroyed at the time of the said missing, first registry day, then the said board in said district shall make up the primary registry list in said district from the names checked as voting on the last registry filed with the county clerk and from the names on the primary books of the two poHtical parties of the last previous primary, together with the names of voters filed with them by affidavit, as herein provided. 334. Sfx. 2Q. The municipal clerk in each munici- Sample pri- ^, . -^ '■ . niary ballots pahty in this State shall furnish to each board of regis- and envei- try and election in his municipaUty, at his office, on or furnished, before Tuesday preceding the primary election in Sep- tember in each year, a sufficient number of official sam- ple primary ballots of each party, and a sufficient num- ber of one-cent stamped envelopes, to enable the said board to mail one copy of the sample primary ballot of each party to aeeach voter who is registered for said pri- mary election ; each of said boards shall prepare and de- posit in the post-office on or before twelve o'clock noon on Wednesday preceding the said primary day, said stamped when mailed, envelopes containing a copy of the sample primary ballot of each political party addressed to each voter whose name appears in the said primary registry list. Each of said boards shall give the municipal clerk a receipt for said Receipts sample ballots and envelopes, signed by one of their mem- ^^^^ bers, and shall return to said clerk the unused sample bal- lots and stamped envelopes, with a sworn statement in writing, signed by a majority of the members of said board, to the effect that the remainder of said sample bal- lots and envelopes were actually mailed or posted as pro- vided in this act ; and the members of said boards failing i6o Words on envelopes. Sample bal- lots similar to official ballots. Samples posted. Sample not to be voted to file such statement shall receive no compensation for the service of mailing as aforesaid. Each of said envelopes shall have printed on the face thereof, in large type, the words, "Official Sample Primary Ballot," and in smaller type the words, "If not delivered in two days, return to " (city or town clerk), and said returned envelopes shall be re- tained by the municipal clerk for thirty days, open to pub- lic inspection. Said sample ballots so mailed shall not be voted. The said sample ballots shall be, as nearly as possible, a facsimile of the official ballot to be voted at the said pri- mary election, and shall be printed on paper different in color from the official ballot, so that the same may be readily distinguished from the official ballot. The sample ballot shall have printed at the top in large type the words : "This sample ballot is an exact copy of the ballot to be used on primary election day. This ballot cannot be voted." The clerk of the board of registry and election shall also post such sample ballot in the polling place in his district and five other public places therein. It shall be unlawful for any election officer to accept from any voter and deposit in the ballot-box any sample ballot. VII. When popu- lation less than 5,000 registry made by house canvass. 335. Sec. 30. The board of registry and election in each election district in municipalities containing five thousand inhabitants or less shall first meet on the said first regis- try day on the second Tuesday in September, and shall make up the registry by a house-to-house canvass as now provided by law, and said board shall, on the primary day hereinafter fixed, use as a registry list for the said primary the registry list for the general election which the said boards are now required by law to prepare, and each of said boards shal cause the said registry list to be made up and open to inspection ten days prior to said primary day. Said list shall contain the letters "R" and "D" to be in- i6i serted therein in manner and form as hereinbefore pro- vided. The provisions of the act to which this act is a supple- ment and its amendments and supplements, applying to municipalities containing less than thirty thousand inhab- itants, shall hereafter apply only to municipalities con- taining five thousand inhabitants or less, except as in this act otherwise provided. 336. Sec. 31. The county board of elections shall sit on the Friday succeeding the first registry day, as here- inafter defined, for the purpose of revising and correct- ing the said primary registry list. The said county board shall have the power to strike off the said primary registry list the names of all persons who shall be shown, by evi- dence satisfactory to the said board, not to be qualified to vote at the said ensuing primary election. The county board of elections shall transmit to the respective district boards of registry and election a certificate or certificates showing the corrections made by them, as hereinbefore provided, in time for use upon the ensuing registry and primary day. Any voter who is dissatisfied with the action of the said county board of elections may apply to a judge of the Court of Common Pleas in the said county by peti- tion, stating the act complained of, and said judge may hear such application in a summary way, and make such order as may be just, which order shall be binding upon said county and district boards of elections. ^^y. Sec. 32. The second registry day in all municipali- ties in this State shall be held upon the fourth Tuesday of September in each year, and upon said registry day the district boards of registry and election, in each elec- tion district in the State, shall conduct the primary elec- tions as provided by law from seven o'clock A. M. to nine o'clock P. M. Each voter offering to vote shall an- nounce his name and the party primary in which he wishes to vote. The board of registry and election shall thereupon ascertain by reference to the primary registry book re- quired by this act, and if necessary by reference to the pri- mary book or pll book of the preceding primary or gen- Act • applicable. Revision of register by county board. District boards noti- fied of changes. Dissatisfied voter may apply to court. Second reg- istry and pri- mary elec- tion day. Manner of voting. 1 62 Oath if challenged. Transfer certificates. May register at primary for general election. Separate registers for general election. eral election, that said voter is registered as required bv this act, and also that he did not vote in the primary of the other political party at the last preceding primary ejection ; in which event he shall be allowed to vote; but no voter shall be allowed to vote at said primary unless his name appears on the poll book of the previous general election, or has been placed on said registry list prior to said pri- mary day as hereinabove provided ; and no person shown by said primary registry list, verified, when requested by the voter, by reference to 'the preceding primary book, to have voted in the primary of one political party at the last preceding primary election, shall be allowed to vote in the primary of the other political party. In case a voter is challenged, he shall take an oath or affirmation, to be ad- ministered by a member of the board, in the following form: "You do solemnly swear (or affirm) that you are a member of the political party (specifying the political party to which the affiant claims to belong) ; that at the last election for members of the General Assembly at which you voted }'ou voted for a majority of the candidates of said party nominated for na- tional, state and county offices, and that you intend to sup- port the candidates of said party at the ensuing election." Each board of registry and election in each election dis- trict, in issuing transfer certificates to voters who formerly lived in their districts, but who have between the last gen- eral election and the said day of the holding of said pri- mary removed to some other district, shall be governed by the provisions of this act in relation to transfers for the general election. Any voter not registered, or not wish- ing to vote at the primary, may register for the ensuing general election, but every voter voting at the primary shall register for the ensuing general election in the manner provided by this act. 338'. Sec. 33. The primary registry lists made up as hereinbefore provided shall be used only for the primary election, and each district board of registry and election shall make up the registry list for the general election in the manner provided by law, except that the first two days i63 of registry shall be as herein provided. The primary elec- tions shall be held as provided by law, except as herein provided. 339. Sec. 34. Sections thirty-three (33) and thirty-four orVaw^ (34) of the act entitled "An act to regulate elections (Re- applicable, vision of 1898)/' approved April fourth, one thousand eight hundred and ninety-eight, shall apply, so far as may be, to the registration and primary elections held pursuant to this act. VIII. 340. Sec. 35. Any person endorsed as a candidate for Endorsed nomination for any public office, whose name is to be ntay ^^r^q^est voted for on the primary ticket of any political party, party • ' , . . , . . . designation. may by endorsement on the petition of nomination in which he is endorsed, request that the said clerk shall print opposite his name on said primary ticket a designation, in not more than six words, as named by him in said peti- tion, for the purpose of indicating either any official act or policy to which he is pledged or committed, or to dis- tinguish him as belonging to a particular faction or wing of his political party. On the filing of any such petition, the said clerk shall cause the said designation to be printed opposite the name of the said person upon the primar\' ticket. If several candidates for nomination to the same office shall in said petitions request that their names be grouped together, and that the common designation to ^''^".^^^ be named by them shall be printed opposite their said names, the said clerk shall group the names of the said persons in a bracket, and opposite the said bracket shall print the said designation as aforesaid. If two candidates New name if or groups shall select the same designation, the municipal selection clerk shall notify the candidate or group whose petition '"^*^^- was last filed, and said candidate or group shall select a new designation. 341. Sec. 36. Each candidate for the nomination for the ^^^^^^legtsi^^- office of State Senator or member of the General Assem- ture to make bly, or for election to either of such offices, shall file with relative his nominating petition, or at any time before the primary g^^nator.' First statement. Alternate statement. 164 or general election, with the county clerk, one of the two following statements : Statement No. i. I hereby state to the people of New Jersey, as well as to the people of county, that during my term of office I will vote for that candidate for United States Senator in Congress who has received the highest number of votes in my party in the State for that position at the primary election next preceding the election of a Senator in Congress. (Signature of candidate.) If a candidate shall be unwilling to sign the above state- ment, then he shall sign and file the following statement: Statement No. 2. During my term of office I shall consider the vote of the people for United States Senator in Congress as a recommendation which I shall be at liberty to disregard if the reason for doing so seems to me to be sufficient. (Signature of candidate.) Ever\^ blank petition for nomination officially prepared shall contain the foregoing statements in blank. IX. Governor and congress- men nominated directly. Petition to place name for governor on official primary- ticket. 342. Sec. 37. All candidates of political parties, as de- fined in the act to which this act is a supplement, for the office of Governor or Representative in Congress in this State, shall be nominated directly without the interven- tion of delegates or conventions at the primary elections held in September pursuant to the act to which this act is a supplement and the acts amendatory thereof and sup- plementary thereto. Not less than one thousand voters of any political party may file with the Secretary of State of New Jersey a petition endorsing any member of their political party as a candidate for nom.ination of said party i6s to the office of Governor, and requesting that the name of the person so endorsed be printed upon the official pri- mary ballot of said party. Not less than two hundred voters of any political party Placing in any congressional district in this State comprising more congress^on than one county, may file with the Secretary of State a ^'^"^t- petition or petitions endorsing any member of their politi- cal party as a candidate for the nomination of said party to the position of Representative in Congress in said con- gressional district, and requesting that the name of the person so endorsed be printed upon the official primary ballot of such political party. 343. Sec. 38. Said petitions shall be signed in the man- Form of ner and form provided for the signing and filing of nomi- ^^ ^*^°°" nation petitions in the act to which this act is a supple- ment, and its supplements and amendments, and to said petitions, or one of them, there shall be attached the ac- ceptance of the person endorsed as required by said act. Not all of the names of petitioners need be signed to a single petition, but any number of petitions of the same purport may be filed ; provided, in the aggregate the sig- proviso, natures thereto endorsing any one person shall be the num- ber required by this act; and provided, that to each peti- proviso, tion there shall be annexed the affidavit of at least one of the signers thereto, to the effect that the said petition was signed in their own proper handwriting by all of the sign- ers thereof. Said petition or petitions shall be filed with gecretary^^of the Secretary of State at least thirty days prior to the state and •^ ./ ^ r- certified to time fixed by law for the holding of such primary election, county The Secretary of State shall certify the names of the per- ^ ^^ '^' sons so endorsed as candidates to the county clerks in the counties comprising said congressional district at least twenty-five days prior to the holding of said primary elec- tion. Not less than two hundred voters of any political party j^ (,.,3^ in any congressional district laid out wholly within a congi-essionai single county, may file with the clerk of said county a wholly in petition or petitions for congressional nominations, made county out as hereinbefore provided, twenty-five days prior to the ^J^^tifv**^ i66 Committee to fill vacancies. Voters to indicate choice. Results in- cluded in statements. primary election. The county clerk in each county shall certify all of the names endorsed for the office of Gov- ernor and of Representative in Congress, filed with him pursuant to this act, to the clerk of each municipality in his county at least twenty days prior to the time fixed by law for the holding of said primary election, specifying in said certificate the political party to which the person or persons so endorsed belong, and said municipal clerks shall each respectively cause to be printed upon the respective primary ballots for each political party, under the name of ''Candidates for Governor," or ''Candidates for Congress," the names of the persons so endorsed for said offices re- spectively, in addition to the other names to be printed thereon as required by law. The signers to said petitions endorsing candidates for Governor or Representative in Congress may name three men in their petition as a committee on vacancies, which committee shall have power in case of death or the per- son endorsed as a candidate in said petition to file with the Secretary of State, or county clerk (as the case may be), not less than fifteen days prior to the primaries, a new petition endorsing a person in the place of the one so dying, which name shall forthwith be certified to the ap- propriate municipal clerk. 344. Sec. 39. The party voters in each primary shall indicate their choice for the candidates for said offices in the manner provided by law, and the board of registry and election in each election district, in every county in this State, shall canvass the results of the said primary election as to the nominations provided for in this act in the manner provided by law, and shall include the re- sults of such primary election as to the said candidates in the statements which they are now required by law to transmit to the municipal clerk, and the said municipal clerk shall forthwith transmit the said results to the county clerk. Where the congressional district is wholly within the limits of a single county, the county clerk shall canvass the returns as transmitted to him by the various municipal clerks of his county, and the person having in 1 67 the aggregate the highest number of votes for nomination for the office of Representative in Congress in the con- gressional district or districts comprised within said county, shall be the candidate of his respective party for the said office. Each county clerk shall certify to the Secretary of State the results of said primary elections as to the office of Governor. Each county clerk of a county which forms a part of a congressinal district larger than a single county shall certify to the Secretary of State the results of said primary election as to the office of Representative in Con- gress in his county ; and the Secretary of State shall forth- with canvass the results so certified by the said couniy clerks as to the office of Governor, an of Representative in Congress in each of such congressional districts, and the person receiving the highest number of votes for Governor in each party throughout the State, as shown by said returns, shall be the party candidate for Governor at the ensuing general election, and the person receiving the high- est number of votes within each congressional district shall be the candidate for his political party for the office of Representative in Congress from such district at the ensu- ing general election ; and the Secretary of State shall forth- with certify the names of the persons so ascertained to have been nominated for Governor as aforesaid, to the county clerk of each county. He shall also certify to each county- clerk of a county which forms part of a congressional dis- trict the name of the person so ascertained to have been nominated as Representative in Congresss for the district of which said county forms a part. The said county clerks shall cause the names of the persons ascertained as afore- said to be the party candidates for the office of Governor and of Representative in Congress to be printed upon the official ballots at the ensuing election as the candidate for said office, under appropriate headings. In the event of a failure to select any candidate for Governor or for Con- gress by reason of two or more persons receiving the high- est and the same number of votes, the chairman of the State committee of the said political party shall select one of the said candidates to be the candidate of the party for Returns cer- tified to ^secretary of state. Results canvassed. Party candi- dates for governor and congress. County clerk to cause names printed on official ballots. m tie. case ol i6S the said office, and shall file a certificate to that effect with the Secretary of State, or the appropriate county clerk, and the person so selected shall be the party candidate for the said office, and the Secretary of State, when such certificate shall have been filed with him, shall forthwith certify the names of the persons so ascertained to have been nominated as aforesaid to the county clerk of each county, who shall cause such name to be printed as afore- said on the official ballots. X. Form of pri- mary ballot. Coupon. [Amended, P. L. 1912, p. 665, chap. 371.1 Certain printed directions. Names ar- ranged alpha- betically. 345. Sec. 40. The ballots to be used at primary el^- tions help pursuant to this act and to the act to which this act is a supplement, and the supplements to and amend- ments of said act, shall be made up and printed substan- tially in the following form : Each ballot shall have at the top thereof a coupon at least two inches square extending above a perforated line. The coupon shall be numbered for each of said political parties, respectively, from one consecutively to the number of ballots delivered and received by the election officers of the respective polling places. Upon the coupon and above the perforated line shall be the words ''To be torn off by the judge of election. Fold to this line." Below the per- forated line shall be printed the words "Democratic Pri- mary Ticket," or "Republican Primary Ticket," or, as the case may be, naming the proper political party, as provided in this act ; next there shall be printed the name of the municipality and number of the ward and election district in which the ballot is to be voted, and the date of the pri- mary election and the name of the municipal clerk, which name shall be a facsimile of the signature of the said clerk. Next shall be printed directions instructing the voter how to indicate his choice for each office or position, and for how many persons to vote, as for instance, "Mark a cross X in the square at the left of the name of the person for whom you wish to vote," "Vote for one," "Vote for two," or a greater number, as the case may be. The names of 169 all candidates for the same office shall be printed in alpha- betical order under the several designations of the office to be voted for, unless grouped as provided in section thirty-five of this act. A single light-faced rule shall be used to separate the different names in each group of can- didates. A heavy-faced rule shall be used between each group of candidates for different offices. The designation separa1:ed. named by candidates in their petitions for nomination, as provided by law, shall be printed in a second column in as large type as the space will allow. At the left and opposite the name of each candidate for office, or for the position of delegate, shall be printed a square, at least one-quarter of an inch square, in which the voter is to indicate his choice. The following is an illustration of the said form of ballot: 170 Illustration. To be torn off by the Judge of Election. No. 75. Fold to this line. Democratic Primary Ticket. City of Newark. Ward No. 5. Election District No. 4. September 22, 1909. John Doe, City Clerk. Mark a cross X in the square at the left of the name of the person for whom you wish to vote. For Governor. Vote for one. Thomas Jones. Jacob Smith. Henry Stone. For Mayor, Vote for one. Edward Hall. for Commission Charter George Jackson. Cleveland Democrat. Peter Randall. For United States Senator. Vote for one. Charles Blackstone. William Kent. using so much of said form as may be applicable to the current primary election and extending the same to pro- vide for cases not therein specified, and a like ballot shall be printed for all other political parties. There shall be no endorsement upon the back of any ballot. 171 The distribution and use of official ballots at anv pri- p^^iai bai- ' ^ lets confined mary election shall be confined exclusively to the polling to poiung room, as in this act directed. The board of registry and ^' ^^^' election shall hand to each voter the ballot he is entitled to cast. Should any voter to whom an official ballot has been handed spoil or render the same unfit for use, he shall re- turn the one so spoiled or unfit for use and obtain another from the board of registry and election, but no more than two official ballots shall be furnished to any voter, except at the discretion of said board. 346. Sec. 41. At the said primary election each voter As to mark- shall indicate his choice for the candidates for nomination, ^^^ by making a mark in the square opposite the name of the candidate for whom he wishes to vote for each office or position, to the extent of the number of candidates to be nominated for said office or position. If a voter marks his ballot for more candidates for any office or position than are to be selected therefor, said ballot shall not be void as to the candidate for any other office or position for which it is properly marked. The method of voting shall Method of be that hereinafter provided for the general election, so far primary^ as may be, but the primary registry list shall be used in- stead of the poll-book and the number of the ballot given to each voter shall be marked in front of his name on the primary list. The board of registry and election shall pre- ^^^^^^^ p^ri. serve all primary ballots returned by a voter as spoiled or oiary ballots, unfit for use, and said board shall keep a record of all such ballots and shall place them on the string with the coupons. Said coupons and all spoiled and unused ballots shall be placed inside the ballot-boxes and delivered with the ballot- boxes to the municipal clerk. The said ballots shall be canvassed, counted and returned canvassing, as provided by law, except as in this act otherwise pro- vided. 347. Sec. 42 All petitions endorsing candidates for Filing names nominations on the primary ticket of any party to be *^ primlrr^ voted for within a single municipalitv must be filed with ballots in single mu- the proper municipal clerk twenty days before the day of nicipaiity. the primar}' ; and it shall be the duty of such clerk to 172 forthwith notify any candidate so endorsed, whose peti- tion for nomination is defective, setting forth the nature of such defect, and the date when the ballots will be printed, and such candidate shall be permitted to amend such petition either in form or in substance, so as to remedy such defect, at any time prior to the printing of such ballots. XL Personal registration in municipal- ities over 5,000. Third regis- trj' day. Arrange- ment of registry book. Entry of names ; de- tails as to residence, age, employ- ment, etc. 348. Sec. 43. In cities, towns, townships, boroughs, and villages exceeding five thousand inhabitants, no per- son shall be allowed to vote at any general election un- less he shall first have registered personally or by affidavit as required by this act. No registration by affidavit for the general election, except as hereinafter provided shall here- after be allowed in such municipalities, and the third reg- istering day therein shall be on Tuesday two weeks next preceding the general election. 349. Sec. 44. In all cities, towns, townships, boroughs and villages containing a population exceeding five thou- sand, the registry list or book shall be arranged in col- umns, and the leaves thereof shall be indexed from A to Z. In the first column of such register there shall be entered, at the time of the completion of the registration on the last day of registration, a number opposite the name of each person so enrolled, beginning wath *'one" opposite the first name entered in the page index A, and continu- ing in numerical order to and including the last name en- tered upon the last page of such register. On each day of registration there shall be entered in the second column thereof the surname of such persons in the alphabetical order of the first letter thereof, on the page bearing the in- dex letter of such surname, and in the third column the Christian name or names of such persons respectively. In the fourth column shall be entered the residence number or other designation, and in the fifth column the name of the street or avenue of such residence, or a brief descrip- tion of the locality thereof. In the sixth column shall be 173 entered the number of the floor or room occupied by the voter at the residence given by him, and in the seventh column shall be entered the full name of the householder, tenant, subtenant or apartment-lessee with whom the voter resides, and in the eighth column shall be entered his age, in the ninth shall be entered his length of residence by years in this State, and in the tenth column shall be entered the country of his nativity, which shall mean the country, State or province of the voter's birth, irrespective of his former political allegiance. In the eleventh column shall be entered the name of the municipality from which such person last registered or voted. In the twelfth column shall be entered, if the voter is in business for himself or with others, the name under which he is so in business, or, if the voter is employed by some other person, the name of his present employer. If he is not in business and has no employment, the word "none" shall be entered, together with the name under which he was last in business or the name of his last employer, if any. In the thirteenth col- umn shall be entered the street and number, or if it has no street number, a brief description of the location of the place, if any, where he is so in business or employed, or, if unemployed, the place, if any, where he was last in busi- ness or employed. The fourteenth column shall be reserved for the signature of the voter at the time of registration, or in case the voter alleges his inability to write, for en- tering therein the number of the "identification statement," made by such voter as hereinafter provided, or, if the voter has registered by affidavit, for the entry and number of such affidavit as hereinafter required in such case. Above each horizontal line in the said fourteenth column shall be printed the words "the foregoing statements are true," and the voter shall, at the time of registration, (un- less he register by affidavit as hereinafter provided), sign his name by his own hand and without assistance, using an indelible pencil or ink, below such words on the hori- zontal line in a register of voters, which register shall be known as the "signature copy." Said signature copy shall be other than a public copy, and shall be used at the polls •ignature. Identifica- tion statement. Signature copy. 1/4 If unable to write, state- meUt to be prepared. Identifica- tion statement book. Poll boolis. etc., provided by secretary of state. on election day. If the voter alleges his inability to sign his name, one of the members of the board of registry and election, in addition to taking down the information re- quired to be written in the "signature copy" of the registry book, shall read to the voter the following list of questions from a book to be furnished said boards, and to be known as ^'identification statements for registry day," and said member shall write down in said book the answers of the voter to the following questions: What is or was your father's full name? What is or was your mother's full name? Are you married or single? Where did you ac- tually reside immediately prior to taking up your present residence; state floor and character of premises? At the bottom of each list of questions shall be printed the follow- ing statement: "1 certify that I have read to the above- named elector each of the foregoing questions, and that I have truly recorded his answers as above to each of said questions;" and said member who has made the above record shall forthwith sign his name to said certificate and date the same. The above questions shall be printed on separate sheets of paper, which shall be furnished said board bound together in book form, and numbered conse- cutively, and the number corresponding to the number on each sheet containing said list of questions shall be entered, when the questions have been answered, in the fourteenth column, in the register of voters in which the voters regis- tering have signed their names. Said book of "identifica- tion statements for registry day" shall be kept at all times with the register in which the voters sign their names as hereinbefore provided. The registration books as pro- vided in this section, together with a sufficient number of identification statements bound in book form, and the poll- books as herein provided, and the forms of affidavit here- inafter mentioned for persons unable to register personally, shall be provided by the Secretary of State at the expense of the State, and shall be furnished to each board of regis- try and election in the same manner as the poll-books are now furnished to said boards, except that the lines in the registers and poll-books provided for in this section shall 175 be one-half inch apart and each page of said registers and poll-books shall in each case be consecutively numbered. Any voter who is unable by reason of illness or absence from the State to register personally may make and sign an affidavit, on a form to be procured from a board of registry and election, containing a statement of the reasons for his inability to register in person and also the same statements which a voter registering personally, is required to make as hereinbefore provided. Said affidavit shall be taken before some person legally authorized to take affi- davits, and if taken outside of this State, shall be accom- panied by a proper certificate showing the authority of the person administering the oath to take affidavits. Such affidavits shall be filed with the board of registry and elec- tion of the district in which such voter is entitled to vote, on or before the last registry day, and such board of regis- try and election shall, on or before the last registry day endorse upon said affidavit the number thereof, giving it a number in the order of its receipt by said board, and shall thereupon enter the name of such voter on the registry list or book for the ensuing general election, together with the statements, as contained in said affidavit, which the voter would be required to make if registering personally, and shall enter in the fourteenth column of said registry list or book, instead of the signature of such voter, the words, ''affdavit 'No. ," giving the number endorsed on said affidavit. All such affidavits shall be kept by said board of registry and election and used on election day as hereinafter provided, and after election shall be placed by said board inside the ballot-boxes and returned to the municipal clerk therewith. Any person swearing falsely in any such affidavit shall be guilty of perjury and incur the penalty thereof. 350. Sec. 4^. Immediately after the close of the last Complete , r . . . . . . ,. . ,. ^ registry list day of registration in said municipalities exceeding five furnished thousand inhabitants the said board of registry and elec- ^^^^^^ ^^'^''• tion in each election district shall make and complete one list of all persons registered in their district in the numeri- cal order of the street numbers thereof, which shall be 176 signed and be certified by said board, and delivered forth- with to the county clerk. Said list shall be in the following form: Form of list. Grand Street. Residence number or other designation. 15 Name of Voter. Smith, John M. Jones, Charles M. List printed and supplied boards of election. Police fur- nished list ; to investi- gate. Police report. List fur- nished on payment. Poll-book. The county clerk shall forthwith cause copies of said registry lists to be printed in hand-bill form, and shall furnish printed copies thereof to the respective boards of registry and election, who shall publicly expose the same for inspection as now required by law. Said county clerk shall forthwith deHver to the chief of police of each of said municipalities not less than five copies of the lists of voters of each election district in such municipalities, who shall cause an investigation to be made of the names of the persons so appearing on said lists, to ascertain if the said persons are residents of the houses from which they are registered, and shall forthwith forward the various reports of such investigation to the county board of elec- lions, where they shall be kept open to public inspection, and who shall make use of the same in revising and cor- recting the registry, as now required by»law. Said county clerk shall also furnish to any voter applying for the same copies of said registry lists, charging therefor, as nearly as may be, the cost of printing the same. 351. Sec. 46. The signature copy of the registry list or book shall be kept by the board of registry and elec- tion in such election district, and used on election day as hereinafter provided. In all election districts in cities, towns, townships, boroughs and villages containing a popu- lation exceeding five thousand, each board of registry and election shall have a poll-book for keeping the list of voters voting or offering to vote thereat at the elec- tion. Such book shall have six columns headed respec- tively : ''Number of voter," "names of voters," "residence 177 of voters," "signature or statement number of voter," "sig- natures compared" and "remarks." Previous to each de- Action prior livery of an official ballot by the ballot clerk to a voter, the member of the board having charge of the poll-book shall enter therein in the appropriate column the number of the voter, in the successive order of the delivery of bal- lots to voters, the names of the voter in the alphabetical order of the first letter of his surname, his residence by street and number, or if he has no street or number, a brief description of the locality thereof. The column headed "signature or statement number of voter" shall have printed above each horizontal line the words "the fore- going statements are true," and the voter shall, previous to the receipt of an official ballot, sign his name by his own hand and without assistance, using an indelible pencil ^^^ '^^™^- or ink, below the said words in the poll-book. After the voter shall have so signed, and before an signatures official ballot shall be given to him, one of the members compared, of the board of registry and election shall compare the signature made in the poll-book with the signature there- tofore made by the voter in the registration book on regis- tration day, or if the voter has registered by affidavit in the manner provided by section forty-four of this act, with the signature made by the voter on such affidavit, and if said signautre is the same, or sufficiently similar to the signature written on registration day, or in such affidavit as the case may be, as to identify it as being written by the same- person who wrote the signature on registration day, or on such affidavit, said member shall thereupon certify that fact by writing his initials after such signature in tthe column headed "signatures compared." 352. Sec. 47. If the voter on election dav alleges his Procedure if . , ... ... ' Toter cannot inability to so sign his name, then one of the members of sign name, the board of registry and election shall read the same list of questions to the voter as were required on registra- tion day, both in the "signature copy" of the registry and in the "identification statements for registry day," from a book containing said questions to be provided for elec- tion day, and to be known as "identification statements for 178 Statement at bottom of questions. Comparisons and answers made oenly. If disagree- ment, a challenge. Procedure n case of challenge. election day," and said member shall write the answers of the voter thereto. Each of these statements shall be numbered, and a number corresponding to the number on the statement's sheet shall be entered in the fourth column opposite the name of the said voter answering the questions. Each statement shall contain the same questions as the voter was required to answer on registry day. The questions answered on registration day shall not be turned to or inspected until all the answers to said ques- tions shall have been written down on election day by said member of the board. Any person who shall prompt a voter in answering any question provided in this section shall be guilty of a misdemeanor. At the bottom of each list of questions shall be printed the following statement: "I certify that I have read to the above-named voter each of the foregoing questions and that I have duly recorded his answers as above to each of said questions," and said member of the board who has made the above record shall sign his name to said certifi- cate and date the same, and note the time of day of mak- ing such record. 353. Sec. 48'. The comparison of signatures of a voter made on registration and election days, and a comparison of the answers made by a voter on registration and elec- tion days, or if the voter is registered by affidavit, then the comparison of his signature and answers on election day with his signature and statements in his affidavit, shall be had in full view of the watchers, challengers or agents, and the right to challenge voters shall exist until the ballot shall have been deposited in the ballot-box. If the signa- tures of the voters or the answers to the questions made by the voter do not correspond, then it shall be the privilege of the watchers and challengers to challenge, and the duty of each member of the board of registry and elections to challenge, unless some other authorized person shall chal- lenge. 354. Sec. 49. In case a voter is challenged, the board shall ask him the questions which they asked him on regis- tration day, the answers to which appear on the' signature 179 copy of the registry book if he has registered in person, and if he has registered by affidavit, said board shall ask him the same questions as are by this act required to be asked of a voter who has registered personally, and if the answers do not correspond a note of said fact shall be entered in the column of the poll-book entitled "remarks." The said board shall determine the right of such voter to vote, after making use of, and giving due weight to, the evidence afforded by his signature, if any, and the said answers. If a majority of the board shall decide against re- m^votT^'^ ceiving such vote and the voter shall then take the oath of affirmation now provided by law, the said board shall thereupon receive his vote. It shall then be the duty of such board of registry and election upon demand of a member of the board or any other citizen, to forthwith issue a warrant for the arrest of such voter and deliver the same to a peace officer, who shall forthwith arrest such voter. 355. Sec. 50. The Secretary of State, at least thirty to^^'irrest days prior to time when they are needed for use, shall identification furnish to the county clerk of each county having one or furnished by more municipalities of over five thousand inhabitants for qi%^^ each board of registry and elections in such municipali- ties a sufficient number of said "identification statements for election day," containing the questions hereinbefore referred to, and the certificate herein required to be signed at the bottom thereof, stitched or bound in book form, and the proper books and lists to carry out the provisions of this act concerning the registry of voters for the gen- eral election, and the expense thereof shall be paid by the State; and the county clerk shall deliver the same to the proper boards of registry and election in time for use at the registry and at the general election, respectively. 356. Sec. 51. It shall not be lawful for any district eiepTau^*" board of registry and election in any city, town, town- thonged bj ships, borough or village exceeding five thousand inhab- itants in the State to execute or deliver to any voter any paper in the nature of a transfer, purporting to authorize i8o Procedure to secure transfer. Amended P. L. 1914, p. 130. the said voter to vote in any other election district than that in which he is registered, as now provided by law, except when authorized by the court as hereinafter pro- vided. 357. Sec. 52. No person shall vote at any general elec- tion in any election district other than the one in which he is registered, unless he shall appear before either the justice oi the Supreme Court holding the circuit court in said county, or one of the judges of the Court of Common Pleas of said county, or one of the judges assigned to hold the circuit court of said county, at the court house, or at such other place within said county as will be most con- venient and accessible to the largest number of voters in said county, as either the said justice or judge in his dis- cretion shall determine, on or prior to the day of the general election, and shall make proof to the satisfaction of said justice or judge that he has moved from the elec- tion district in which he has registered since the day on which he did register, and that he has moved into another district in said county, and shall obtain from said justice or judge an order sealed with the seal of the county clerk, directing the board of registry and election to place the name of the said voter upon the registry of the said elec- tion district; said order shall be shown to the board of registry and election in which said voter is registered and said board shall thereupon erase his name from said reg- ister and issue a transfer as now provided by law, which transfer and the order of the court shall be filed by the voter with the board of registry and election in the elec- tion district where said voter desires to vote, and said board shall obey said order. XII. Blauket ballot; names of all candidates thereon. 358. Sec. 53. At the general election in the fall of each year, instead of separate printed ballots for each political party or group of petitioners having candidates to be voted for at such election, there shall be a single or blanket form of ballot, upon which shall be printed all the names of i8i all tbe candidates of every party or group of petitioners having candidates to be voted for at said election. ^c;q Sec. q4. The names of candidates for the office Arrangememt ODJ- ^ j-t of names. cf representative in congress and for every state, county and municipal office, except the names for presidential electors, shall be arranged under the designation of the office in alphabetical order, according to the surnames. Blank spaces or Hnes shall be left at the end of the list of candidates for each different office equal to the number of persons to be elected to said office. Following ^^^^ted. the name of each candidate upon the same line upon the ballot shall be printed the name of the political party or group of petitioners making the nomination. Any "prTsents**** candidate receiving: the nomination of more than one po- more than ... • 1 • /- 1 o^© party, litical party or group of petitioners may, within hve days after the time for making nominations expires, file with the public official charged with the duty of printing the ballots a notice directing such official in what order the several nominations shall be added to his name upon the official ballot, and said directions shall be followed by the said officer. If such candidate shall fail to make such directions as aforesaid, then said officer shall add said nominations or political designations to the name of such candidate in such order as said officer shall determine. On the same line, and to the left of the name of each candidate there shall be provided a square, or space not square, less than one-quarter of an inch square, in which the voter may designate by a cross his choice of said candidates. Upon the said ballot shall be printed such directions as will aid the voter, as for example: "Mark a cross X ^^ the square at the left of the name of the person for whom you desire to vote," "Vote for one," "Vote for two," and the like. 360. Sec. 55. The names of candidates for presi- presidential dential electors shall be arranged in groups as presented grouped™ in the several certificates of nominations or petitions. Said groups shall be arranged in the order of the congres- sional district in which the elector resides. . l82 ^niames and party printed above electors. Names grouped. Proviso. Proviso. I'roviso. Official ballots. Quantity, Style of type The surnames of the candidates of each poHtical party for the offices of President and Vice-President, 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 sufficient square, not less than three-eighths of an inch square, in which the voter may designate by a cross his choice for electors shall be provided at the left of the surnames of the candidates for President and Vice-President. The names of candidates for any office for which more than one are to be elected shall be arranged in groups as presented in the several certificates of nominations or peti- tions ; provided, however, that any candidate receiving the nominations of more than one political party or group of petitioners may file with the public official charged with the duty of printing the ballots, a notice directing the said official in what group of candidates he desires his name to appear; and provided that such candidate's name shall appear but once and shall not appear as a nominee of a party, or group of petitioners, except such party or group of petitioners as have nominated him; and provided, that said notice be filed within five days after the time for filing nominations expires. The names in each group shall be ar- ranged in the alphabetical order of the surnames, and the groups shall be arranged in like manner in the alphabetical order of the surnames at the head of each group. 361. Sec. 56. The official ballot shall be furnished at the election places as now provided by law. There shall be furnished to each board of registry and election twice as many official ballots for use of the voters in the poll- ing places on election day as there are voters registered in said election district. The names of all candidates shall be printed in capital letters in ten-point type, and the desig- nation with capital and small letters of the same type ; ex- cept that where there is more than one designation to a candidate the type may be smaller. If in case a candidate's name and party designation printed in full in ten-point type will overrun the space of three and three-quarters inches i83 as provided in this section, the party designation may be abbreviated. The names of the presidential electors shall be printed "^^p® '°^ / \ ■ 1 f t t names of in ten (lo) pomt type and the space between each name electors, shall not exceed one-eighth of an inch, and if said names occupy more space than one line, the space between the lines shall not exceed one-eighth of an inch. In front and as^ainst the space or square, which the voter uses to indi- Border , . 1 . r ,. t ,. , , , r , and rules. cate his choice of candidates, extending the length of each column shall be a full-face border not less than a quarter of an inch in width. A single light-face rule shall be used to separate the members of each group of candidates, ex- cept presidential electors, each group of presidential elec- tors, surnames of candidates for President and Vice-Presi- dent of the United States and their party designations shall be separated by a heav>^-faced rule into parties. A heavy-faced rule shall be used between each group of candidates for different offices. Each line upon which the name of the candidate and his political designation is printed shall be three and three-quarters inches in length, including the square for marking. The margin or border Margin. of the paper outside of the printing on the ballot shall not exceed one-half inch. The names on said ballot shall be arranged so that said ballot may be as nearly as possible square in form. The space or square in which the voter places cross X Voters' square. to indicate his choice of candidates shall be an independ- ent space or square printed from heav}^-faced rule and shall be independent of all other rule or lines on the ballot. 362. Sec. 57. Each ballot shall have at the top thereof Numbered a perforated coupon the width of the ballot above the per- ^°top. forated line. The coupon shall be numbered from one consecutively to the number of ballots delivered to and received by the election officers of the respective polling places. Upon the coupon and above the perforated line shall be the words: "Ballot No. (number in figures)." "To be torn off by the judge of elections." "Fold to this line." Below the perforated line shall be printed the words : "Official Ballot , city, town, &c., of , i84 Ward , Election District No ; No- vember 19 John Doe, County Clerk." The blank spaces shall be filled in with the name of the proper city or other municipality, and the ward and district numbers, baiiot^^ ^^^ t^^ name of the county clerk shall be a facsimile of his signature. The face of the official ballot shall be substan- tially in the following form : BALLOt JS'O. 23. To Be Torn Off by the Jddgb of Election. Fold to This Line. (Perforated line.) '"'^ OFPICIAIi BALLOT. f'^^ *'^- ff'^rdAo Election District No November Sth. 1912 John Doe, County Clhi. \ To Vote for All the Electors of - XAny Party, Mark a Cross -X in the Square at the Left of the Surnames of the Candidates, for President and Vice-President fop. Whom You Desire TO Vote. To Vote for Part of the Electors op Any Party, Mark a Cross x in the Square at the Left op the Name of Each Elector for Whom You Desire TO Vote. VOTE FOR FOURTEEN ELECTORS. XTo Vote for a Person. Mark a Cross X in the Square at the Left of thb Name of the Person foe Whom You Desire to Vote. Congressman. Vote for One. President and Vice-President. OF THE United States. D D D D D D D D D D a D REPUBLICAN. Tapt and Murphy. ELECTORS. Griffith W. Lewis William T. Read Robert E. Hand Isaac T. Nichols Austen Colgate George W. F, Gaunt Harry D.. Leavitt John D. Prince William W. Smalley Carlton B. Pierce □ William Hughes=Democrat. □ Thomas F. McCran=Republican D Senator. Vote for One. □ John Hinchlifpe=Democrat Q John D. Prince=Republican D Member of Assembly. Vote for Five. Q Wesley Chamberlain==Democrat . . . Q James J. CaowLEY=DEMoqRAT D D D a D n n D D D D D DEMOCRAT. Wilson and Underwood. ELECTORS. James A. C. Johnson James F. Fielder William C. Gebhardt John W. Slocum Richard Fitzherbert George C. Low J. Warren Davis ' Thomas Barber Jacob C. Price To Vote for a Person, Mark a Cross X IN the Square at the Left op the Name of the Person for Whom You Desire to Vote. Governor, Vote for Onex \ □ Walter E. Edge=Republican. Q George S. Silzer=Democrat. D Q Harry Joelson=Democrat Q Charles P. Lynch=Democrat Q Thomas F. Morgan =Dem(jcrat □ Randall B. Lewis=Republican Q James Parker=Republican □ Leonard Pikaart=Republican . . . . . □ Garret H. Vermuelen=Republican □ William W. Watson=Repdblican. . D Sheriff. Vote fob One. □ John BURHANfi=DEMOCRAT □ Amos H. Radclipfe^tRepdblican D Mayor. Vote for One. □ Aug. A. Fisher=Repcblican □ Andrew F. McBride=Democrat a Justice of Peace. Vote for One. □ Charles R. Bacon=:Republican □ William K, DEVEREAUx=DEMocnAT. a Constable. Vote t^r One. □ John Rancier=Republigai!I □ Frank P. Van Noort=Democrat 5 i86 Blank spaces filled. Arrangement of questions to be voted on. All Spaces except the spaces where the voter is to mark the ballot or to write or paste a name thereon, shall be printed in with scroll or filing, to guide the voter against marking in the wrong place. 363. Sec, 58. Whenever any question or proposition is to be submitted to the people of the State, or any sub- division thereof, at any primary or general election, such question or proposition shall be printed upon the ballot^ underneath the names of the candidates, with appropriate instructions to the voter, in the following form : If you favor the proposition printed below, make an X mark in the square opposite the word "yes;" if you are opposed thereto, make an X mark in the square op- posite the word "No." Shall an act providing for a Commis- sion form of government for Newark be adopted ? Yes. No. A8 to mark- ing and counting. Sample ballot mailed each voter. Amended P. L. 1914, p. 194. If the voter makes an X mark in black ink or black pencil in the square opposite the word "yes," it shall be counted as a vote in favor of said proposition or ques- tion. If the voter shall make an X mark in black ink or black pencil in the square opposite the word "No" it shall be counted as a vote against such proposition or question, and in case no mark shall be made after the word either "Yes" or "No" it shall not be counted as a vote either for or against such proposition. 364. Sec. 59. Each county clerl< shall at least ten days preceding the general election day or such day as may hereafter be fixed by law for the holding of a special elec- tion throughout the county furnish to the municipal clerk of each municipality in his county a sufficient number of the proper official sample ballots and a sufficient number of one-cent stamped envelopes to enable each of the boards of registry and election in said county to mail one copy of the said official sample ballot to each voter who is regis- i87 tered in its district for said election, and said municipal clerk shall deliver the same at his office, on or before the Tuesday preceding the general election, or special election, to the clerk of each board of registry and election in the manner in which said municipal clerk is now required to deliver ballots for the general election ; and it shall be the duty of each of said boards to prepare and deposit in the post office, on or before twelve o'clock on Wednesday pre- ceding the election day, a properly stamped envelope con- taining a copy of said official sample ballot, and addressed to each registered voter in the district of said board at the address shown on the registry. Each envelope shall have printed on the face thereof the words: "Sample Official '^ords on ^ ^ envelope. Ballot" in large type, and in small type the words : "if not delivered in two days, return to , County Clerk, Court House, ," and said clerk shall preserve the same if returned to him, for the space of thirty days, open to public inspection. The ballots so mailed may not be voted. The said sample ballots shall be as nealv as possible style of a facsimile of the official ballot to be voted at the said ballot, election, and shall be printed on paper different in color from the official ballot. The following words shall be printed in large type at the top of the sample ballot : "This ballot cannot be votdd. It is a sample copy of the official ballot used on election day." The clerk of the board of posted^ registry and election shall also post such sample ballots in the polling place in his district and in at least five other public places therein. It shall be unlawful for any election officer to accept sample not from any voter and deposit in the ballot-box any sample ^^ ^^ voted, ballot. The distribution and use of official ballots at any pri- official bai- mary, general or other election shall be confined exclusively ^^^y "n^^pou- to the polling room in the manner herein directed. The ^^s room, board of registry and election shall hand to each voter one official ballot as hereinafter provided. Should any voter to whom any official ballot has been unusable handed, spoil or render the same unfit for use, he may returifed. i88 Receipts and accounting for ballots and envelopes. return the one so spoiled or unfit for use and obtain an- other from the board of election, but no more than two official ballots shall be furnished to any voter, except at the discretion of said board. The board of registry and election shall preserve all ballots returned by a voter as spoiled or unfit for use and keep a record thereof and place them on a string with the coupons. The county clerk shall cause the sample ballots herein provided for to be printed in time for use as aforesaid. 365. Sec. 60. Each board of registry and election shall receipt, by the signature of one of their members, to the municipal clerk for all ballots and stamped envelopes de- livered to them by the municipal clerk, and shall return to said clerk all ballots and envelopes not mailed or posted by them, with a sworn statement in writing signed by a majority of said board that all the remainder of said bal- lots and envelopes had been mailed, and no member of any board which does not make such return shall receive the compensation provided herein for said mailing service. XIII. Method of voting. Handed ballot folded. 366. Sec. 61. The following method of voting shall be observed: Each voter shall first give his full name and address to the member of the election board having charge of the poll-book, and in municipalities requiring personal registration shall sign his name therein, and said"member of said election board, having ascertained that said voter is registered as a qualified voter shall place in front of each name as they appear the consecutive poll number of each voter. Thereupon the member of the board having charge of the ballots shall hand to the voter one official ballot, numbered to correspond with the poll number of the voter, allowing for spoiled ballots, if any, and at the same time shall call off said ballot number to the member having charge of the poll book, who shall make certain that the ballot number and poll number agree, allowing for spoiled ■ ballots if any. The officer having charge of the ballots shall fold the ballot before handing it to the voter, so that i89 no part of the face of the ballot is observable, and leaving the face of the coupon exposed. No ballots shall be kept in the booth. The voter shall thereupon retire into the polling booth, unless physically unable to do so; he shall indicate his choice among the candidates for the offices in question by marking a cross X in black ink or black pencil opposite the name of each candidate for whom he desires to vote in the space or square indicated upon the ballot for that purpose, or by writing or pasting the name of any other person and making a cross in the square at the left. The voter may vote for an entire group of can- didates for Presidential electors by making a cross in the space or square at the left of the surnames of the candi- dates for President and Vice-President for whom he de- sires to vote. If a voter does not desire to vote for all the Presidential electors of the same party, he must not mark a cross X in the space or square at the left of the sur- names of the candidates for President and Vice-President, he must mark a cross X in the space or square at the left of the name of each candidate for Presidential elector for whom he desires to vote. If a voter mark a cross X in the space or square at the left of the surname of any candidates for President or Vice-President of the United States and also mark a cross X in some of the spaces or squares at the left of the name of candidates for Presiden- tial electors, not exceeding the number to be elected, it shall count as a vote for all the candidates for Presidential electors nominated by the party represented by said candi- dates for President and Vice-President of the United States. Before leaving the booth the voter shall fold his ballot, so that no part of the face of the ballot shall be visible, and so as to display the face of the numbered coupon, and shall hand the ballot with the coupon undetached, to the member of the election board having charge of the ballot- box, which member shall call off the number of the ballot and the name of the voter. If the name and number agree with the record in the poll-book, the election officer having charge of the poll-book shall so announce and place a rPepa ration of ballot by voter. Voting for presidential electors. Procedure after leaving booth with ballot. 190 Depositing ballot. No ballots eutside polls. No envelopes. Coupons spoiled and unused bal- lots, dispo- sition. Tote can- vassed at close of polls. Voter's assistant. check mark opposite the poll number to indicate that the person shown thereon as receiving the ballot has voted; the member of the board having charge of the registry list shall check the name of the voter thereon, and write in front thereof the number of such voter's ballot, and thereupon the member of the board having charge of the ballot-box, without displaying any part of the face of the ballot and shall remove the coupon from the top of the ballot and place the ballot in the box and the coupon on a file string. The member of the board having charge of the ballot-box shall keep the ballot in full view of the voter and the other election officers until it is deposited, and the voter may take hold thereof, with the member of the board having charge of the ballot-box, until it is actually de- posited. No official ballots (other than official sample bal- lots) shall be distributed outside the polling place. When one ballot-box is filled with ballots the board shall seal the the same and provide another. No envelope shall be used for enclosing the ballots on election day. Said coupons and all spoiled and unused ballots shall be placed inside the ballot-boxes and returned to the municipal clerk therewith. 2fiy. Sec. 62. At the close of the polls the board of regis- try and election shall proceed to canvass the vote substan- tially as now required by law, counting the votes for each candidate in accordance with the marks made upon the ballot as hereinbefore provided. If a voter marks more names than there are persons to be elected to an office, or his choice cannot be determined, his ballot shall not be counted for such office, but shall be counted for such other offices as are properly marked. Ballots cast but not counted shall be marked "defective" on the outside thereof, and shall be preserved like other ballots. 368. Sec. 63. At any primary or general election any person who declares under oath and establishes to the satisfaction of a majority of all the members of the board of registry and election that he is unable to read the Eng- lish language, or that by reason of blindness or other physical disability he is unable to mark his ballot without assistance, may have the assistance of one or more mem- Expense. 191 bers of such board, to be assigned by the board, in pre- paring his ballot. Such member or members of such board of ^5a[foV°* shall retire with such voter to the booth and assist him in the preparation of his ballot and folding the same. The clerk of the board of registry and election shall make a memorandum on the poll-book of every instance when an oath was administered to a voter as herein provided, stat- ing briefly what facts were sworn to and the name of the member or members of the board who aided such voter. All members of the board of registry and election shall have the right to witness the preparation of the ballot of any such voter, but no other person shall be allowed to assist such voter in marking his ballot or to witness the marking of the same. No member of such board shall re- veal the name of any person for whom such voter has voted, or anything that took place while such voter was being assisted. 369. Sec. 64. The board, body or officer now charged with the duty of defraying the expenses of conducting the primary and general elections in this State, shall pay any additional expense and compensation made neces- sary by or provided for in this act. The board of free- Baiiot-boxe« holders of each county shall cause the ballot-boxes used at general and primary elections to be fitted for the re- ception of the ballot herein provided for by enlarging the aperture in the top thereof so that such aperture shall measure three (3) inches by half an inch, and by re- moving any stamping or any marking devices. If said Provide board shall determine that said existing ballot-boxes will boxes, be insufficient to properly receive all ballots to be voted in its respective election districts, it shall provide addi- tional boxes constructed with wooden tops and bottoms and wooden frames and glass sides. Each box shall be provided with a top that will cover the aperture and be ^" held in place by not less than three (3) locks, which shall require three (3) separate keys to open, and not more Locks than one key shall be allowed to any one member of the ^^^ ^^^®' board. It shall be the duty of the board, body or official, whose duty it is to provide polling booths, to provide booths Booths. 192 Lights. sufficiently large to enable the voter to conveniently pre- pare the ballots herein provided for, and to cause said booths to be sufficiently lighted to enable the voter to read and mark his ballot. XIV. Annual state concentions ; how com- posed. When held. Call. Platform. State com- mittee ; membership and how chosen. 370. Sec. 64. There shall be held in each year a State convention of each of the political parties aforesaid. The said State convention of each party shall be made up of the following members: First, the party candidates who have been nominated at the party primaries in September immediately preceding the convention for the office of member of Assembly or State Senator in each county of the State ; second, the candidate of the party for Governor nominated at the said primaries in the year in which a Governor is elected, and in each year in which no Gov- ernor is elected, the Governor of the State shall be a mem- ber of the convention of the political party to which he belongs ; third, members of the State Senate belonging to said party who are holding office at the time of the hold- ing of the said State convention and whose successors are not to be chosen at the ensuing general election; fourth, members of the State committee chosen as hereinafter pro- vided. The said convention of each party shall be held at the city of Trenton on the Tuesday following the holding of the primary election in each year. The place and the hour at which the convention shall meet shall be fixed by call of the existing State committee, to be issued at least five days prior to said date of meeting. If no call is issued by the State committee, any person qualified to sit in said convention may issue a call. Said convention of each party shall have power to adopt and promulgate a party platform for said party, and to transact such other business as may properly come before it. At the September primaries of the year wherein a Gov- ernor is to be elected, a member of the State committee of each of said political parties shall be elected in each county. The petition endorsing each candidate in each 193 party for this position, shall be made up and filed as now provided by law in the case of petitions endorsing candi- dates for nomination for members of the Assembly and the name shall be printed upon the party primary ballot and the votes shall be cast, counted, canvassed and re- turned in the same manner as in case of candidates for nomination for member of Assembly, and the county clerk shall issue a certificate to the person receiving the highest number of votes for this position in each party at the pri- mary as shown by the returns in his office. Members of the State committee shall serve for three years or until their successors are elected. Said State committee shall choose its chairman and the member or members of the chairman, national committee of their political party. XV. 371. Sec. 66. The members of the county committee County com- , r 1 mittee and of each of the political parties, hereafter elected, shall take chairman, office on the first Tuesday following their election, on which day the temis of all members of such committee heretofore elected shall terminate. The annual meeting of each county committee shall be held on the first Tues- day after the fourth Tuesday in September in each year, at an hour and place to be designated in a notice to be given by the respective chairman thereof, at which annual meeting the members of each committee shall elect one of their members as chairman to hold office for one year, or until his successor is elected. Such chairman shall preside at all meetings of his committee and shall perform all du- ties required of him by law and the constitution and by- laws of such committee. 372. Sec. 67. The municipal clerk shall issue a cer- ^^I'^^^^^^t""^ tificate of election to each person shown by the returns county com- filed in his office to have been elected as a member of the county committee of either political party in his munici- pality. Said committee shall have power to adopt a con- stitution and by-laws for its proper government. 194 XVI. Unauthorized persons not to print or have ballots. Official ballot not taken from polling room. Penalty. Present methods applicable. Relation of sections of act. Repealer. Committee to receive and expend campaign funds. Number. ;^y7,. Sec. 68. No person not authorized by the proper officers shall print or make any official or sample ballot provided for in this act, or on or prior to election day have in his possession an official ballot, without being such person as is authorized by this act to have charge or pos- session thereof. No person shall on any pretext carry any official ballot from the polling room on primary or election day, except such persons as may by this act be authorized so to do. 374. Sec* 69. Any person or persons who shall will- fully violate any provision of this act, or who shall do any act herein prohibited, shall be guilty of a misdemeanor. 375. Sec. 70. If in this act no method is prescribed for carrying into effect any provision thereof, the method for so doing shall be the same as provided in the act to which this is a supplement, or its supplements and amendments so far as may be, for any proceeding of similar or like nature. 376. Sec. 71. Each section of this act and every part of each section are hereby declared to be independent sec- tions and parts of sections, and the holding of any section or part thereof to be void, ineffective or unconstitutional for any cause shall not affect the other sections or parts thereof. Ti^yy. Sec. y2. All acts or parts of acts inconsistent here- with are hereby repealed. 378'. Sec. 73. This act shall take effect immediately. Approved April 19, 191 1. A Supplement of Apr. 20, 191 1, P. L. igii, p. 329. 379. Sec. I. Hereafter any person endorsed in any pe- tition as a candidate for nomination by any political party at any primary election, or for election as a member of a party committee, or delegate to a national convention, or any person nominated by petition for any elective office, at the time of filing such petition, or within five days there- after, shall file with the officer authorized by law to re- ceive and file such petition, the names of not less than one, or more than five, persons selected to receive, ex- ^95 pend, audit and disburse all moneys contributed, donated, subscribed, or in anywise furnished or raised for the pur- pose of aiding or promoting the nomination or election of such candidate, together with the written acceptance and consent of such persons to act as such committee ; pro- vided, that any candidate may, if he sees fit to do so, de- clare himself as the person chosen for such purpose, or may, either in the first instance, or within five days after he has received any party nomination, designate the county or State committee of his party for such purpose, in which event the maximum number hereinbefore stated shall not apply. Such person or persons, or committee, may act con- jointly for any number of candidates. They shall appoint one of their number to act as treasurer, who shall receive and disburse all moneys received by said committee. He shall keep detailed accounts of all receipts, payments and liabilities. Failure to make such declaration of appoint- ment or selection by any candidate shall operate as a re- fusal to accept such nomination. The said committee shall have the exclusive custody of all moneys contributed, do- nated, subscribed, or in anywise furnished for or on be- half of the candidates or political party represented by said committee, and shall disburse the same on proper vouchers. If, for any cause, a vacancy shall occur in the membership of said committee prior to the fifteenth day before the day of holding a primary or general election, the vacancy must be filled by the authority making original appointment. Xo vacancy by resignation from said committee, or by refusal to act thereon, shall occur after the fifteenth day before the day of holding of said election, and until the said committee shall have completed and discharged all the duties required of them by this act. If any vacancy be created by death or legal disability, subsequent to the fifteenth day before the day of holding an election, such vacancy shall not be filled, and the remaining members shall discharge and complete the duties required of said committee as if such vacancy had not been created. No candidate for nomination or election shall expend any monev, directlv or indirectlv, in aid of his nomination or Proviso. Joint action. Treasurer. Accounts, etc. Candidate must make selection. Committee to have sole charge of moneys. Vacancies. .\I1 expendi- tures by committee. 196 Itemized statement filed showing every receipt and ex- penditure. Sworn statement. Filed and open to inspection. Each candi- date to file statement of personal contribu- tions. election, except by contributing to the committee desig- nated by him as aforesaid. Any person who shall act as his own committee shall be governed by the provisions of this act relting to committees designated by candidates. 380. Sec. 2. Within five days after any primary elec- tion, and within twenty day after any general election, provided, an itemized statement, showing in detail all the moneys contributed, donated, subscribed, or in anywise furnished or received, to the use of the political party, organized assemblage or body, or any or all the can- didates for public office or electors, or for nomination, com- ing under the control of such committee, or into their cus- tody, directly or indirectly, together with the name of each contributor, donor, subscriber, or source from which such moneys were derived, and an itemized statement of all money expended in sums over five dollars; such state- ment shall give the names of the various persons to whom such moneys were paid, the specific nature of each item, by whom the service was performed, and the purpose for which it was expended. There shall be attached to such statement an affidavit, subscribed and sworn to by the treasurer of said committee, setting forth in substance that the statement thus made is in all respects true, and that the same is a full anr detailed statement of all moneys, se- curities, or equivalents for moneys, coming under the con- trol or in the custody of said committee and by them expended, directly or indirectly. Such statement shall be filed in the same office in which is filed t-he certificate of their selection as such committee, and shall become a pub- lic document and open to inspection by any citizen. 381. Sec. 3. Every candidate who is voted for at any primary or general election held within the State shall, within five days after any primary election, and within twenty days after any general election, file, as herein- after provided, a statement under oath, showing all moneys paid, loaned, contributed or otherwise furnished by him to said committee in aid of his election or nomination. Such statement shall give the names of the various per- sons, if any, who paid, loaned, contributed, or otherwise 197 furnished any moneys to said candidate in aid of his elec- tion or nomination. There shall be attached to such state- merit an affidavit, subscribed and sworn to by such candi- date, which must be substantially in the following form: popm ^f State of New Jersey, county of , ss. statement. I give (give name), having been a candidate for , at the (primary or general) election held in the county, city and county, city or other division, State of New Jersey, on the .... day of , 19. . ., do solemnly swear that I have paid the sum of $ to (naming the committee desig- nated by him), for my expenses at the said eleition, and no more, and that, except as aforesaid, I have not, nor, to the best of my knowledge and belief, has any per- son, committee, club, society or association, on my behalf, directly or indirectly, made any payment, or given, prom- ised or offered any reward, office, employment or vaul- able consideration, or incurred any liability on account of or in respect of the conduct or management of the said election, except such moneys as may have been paid to or expended by the said committee designated by me. 382. Sec. 4. If any candidate seeks to avoid the re- Disclaiming rGSDonsi" sponsibility of any payment made by any other person in biiity. his behalf, of which he has knowledge, he shall set forth such payment and disclaim responsibility therefor. 383. Sec. c;. Candidates for office, or for nomination ^"i^ere ^ ^ -J ' statements for office, to be filled by the voters of the State, or of any filed, political division thereof greater than a county, shall file their statements in the office of the Secretary of State, p. ^. 1912, Candidates for all other offices shall file their statements ^'^^p- '*^^-^ in the same office in which is filed the certificate of the committee of their selection. The statement and affidavit of a committee or candidate shall, after being filed, become a public record, and open at all times to public inspection. 384. Sec. 6. Any candidate who shall refuse or neglect penalties, to file, or who makes a false statement of moneys re- ceived or expended, as prescribed by section three of tfiis act, shall, in addition to the punishment for such offense prescribed by the laws of this State, forfeit any office to I9S No certificate to issue if statement not filed. Office not to be yielded to defaulting candidate. Time for presenting claims against committee. All expenses paid within fifteen days. Payment of claims after time limit. which he may have been elected at the election with refer- ence to which the statement is required to be made. If a candidate elected to a public office or party position re- fuses or neglects to file the statement prescribed by sec- tion three of this act, no certificate of election shall be issued to him ; neither shall any official bond presented or offered by him be approved, and the incumbent of the office, unless he is himself a defaulting candidate, must not surrender or deliver up said office, but shall continue to discharge the duties and shall receive the emoluments thereof until his successor is legally chosen. If the can- didate refusing or neglecting to file the statement, or mak- ing a false statement of moneys received or expended, is the incumbent of an office of profit or trust under the laws of this State, except in the event of a constitutional pri- vision to the contrary, in addition to the punishment pre- scribed by the laws of this State for such refusal or neg- lect, or for making such false statement, he shall be de- prived of his office, and shall also forfeit any office to which he may have been elected at the election in refer- ence to which the statement is required to be made. 385. Sec. 7. Every claim payable by the committee se- lected under the provisions of section one of this act, on account of or in respect of any expense incurred in the conduct and management of an election held within this State, or on behalf of the candidates of the political party, organized assemblage or body, which such committee rep- resents, must be presented to the committee within four days after the primary election, and ten days after the general election, and if not so presented the same shall not be paid, and no action shall be commenced or main- tained thereon, and all expenses incurred as aforesaid shall be paid within fifteen days after the completion of such official canvass, and not otherwise. Any person who makes a payment in contravention of this act is guilty of a mis- demeanor. 386. Sec. S. The judge of the Court of Common Pleas in the county wherein such statement is filed, or is re- quired to be filed, may, on the application of either the 199 committee or a creditor thereof, allow any claim to be presented and paid after the time limited by this act and a statement of any sum so paid, with a certificate of its allowance, shall forthwith, after payment, be filed by the committee in the same office as the original statement of the committee. If the committee, upon such application, shall show to the satisfaction of said judge that any error or false recital in such statement or affidavit, or that the failure to make such statement or affidavit, or to present, w^ithin the designated time, a claim other- wise just and proper, has been occasioned by the ab- sence or illness of such candidate, or by the absence, ill- ness or death of one or more members of such committee, or by the misconduct of any person other than such appli- cant, or by inadvertence or excusable neglect, or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant, the judge may, after such notice of the application as the judge shall require, and on the production of such evidence of the facts stated in the application as shall be satisfac- tory to such judge, by order, allow such statement and affi- davit to be filed, or such error or false recital therein to be corrected, or such claim to be paid, as the judge seems just; and such order shall relieve the applicant from any liability or consequences under this act in respect of the matters excused by the order. If the application is made by a creditor, the judge may, under like conditions and upon a like showing, order the claim to be paid, and the creditor shall also be entitled to his costs. The claims of one or more creditors may be united in such application, but the amount and specific nature of each claim must be fully stated. 387. Sec. 9. Every bill, placard, poster, pamphlet ad- vertisement or other printed matter having reference to an election, or to any candidate, shall bear upon the face thereof the name and address of the person or commit- tee causing the same to be published, and no payment therefor shall be made or allowed unless such address is so printed. Court must be satisfied that no in- tentional misconduct shown. All publica- tions to show author. 200 Use of money to secure election to oflSce pro- hibited. Money tbat candidate is allowed to evxpend. Proviso. Proviso. Explanation. Expenses forbidden, [Amended, P. L. 1912, chap. 401.] 3S8. Sec. 10. No money shall hereafter be paid or any expense authorized or incurred by or on behalf of any candidate for nomination at any primary, or for election to any party position, for election to any office at any general election, or any political party or organization, for any purpose prohibited by the provisions of this act. 389. Sec. II. No money shall be paid or expense au- thorized or incurred by any candidate for nomination or election to any office or party position, to be paid by him in excess of the following sums: At any primary elec- tion, twenty-five hundred dollars by a candidate for nomi- nation for Governor; fifteen hundred dollars by a candi- date for nomination for Congress; five hundred dollars by a candidate for nomination for any county office, in- cluding members of the Senate; two hundred dollars by a candidate for nomination for the General Assembly; two hundred and fifty dollars by a candidate for nomi- nation for any municipal office; provided hoivever, that any candidate for nomination may expend in his campaign for nomination a sum not exceeding twenty-five per centum of one year's salary of the office for which he is a candidate for nomination. Candidates nominated at the primary election, or nominated by petition, may expend not in excess of like sums in their campaign for election ; provided, that nothing herein contained shall authorize per- sonal expenditure by any such candidate, but the sums herein mentioned may be contributed to the designated committee, and expended by them in the manner herein provided. 390. Sec. 12. For the purposes of this act, the expenses or contributions of any ascendant, or descendant, brother, sister, uncle, aunt, nephew, niece of any candidate, or of any fellow official of a corporation, shall be considered as the expenses or contributions of the candidate. 391. Sec. 13. No money shall be spent, and no expense authorized or incurred on behalf of any candidate for nomination to any office, or on behalf of any candidate for any office or party position, or on behalf of any political 20I party or organization, for either of the following pur- poses : (a) The hiring of any vehicle for the transportation fg^|°i|g of voters to or from the polls ; (b) The hiring: of any watchers, agents or challengers Hiring , ^ ^ , . . . watchers. for any work on election day. Promded, that each political party or organization may Party or- employ not exceeding two persons on election day to act ^aV employ as challengers or agents in each polling place as now pro- watchers, vided by law; such challenger and agent shall on said election day wear a badge which shall show to any other person the political party or candidate for whom such chal- lenger or agent is acting; said badges shall be furnished by the county board of elections. And provided further that the chairman of the county Transporta- committee or other organization of any political party tio° p^ voters which has nominated candidates to be voted for at any unable to go general election, may petition the judge of the Court of general^ ^ Common Pleas of said county at least fourteen days prior election, to the day of the general election, setting forth that cer- tain voters described in said petition reside at a distance of at least two miles from the polling place at which, under the law, they are entitled to vote on election day, or are aged or infirm, and that said voters do not, nor does any of them, possess any vehicle or other means of transportation from their places of residence to the said polling place, and no trolley line is available as hereinafter stated, and requesting that the said judge shall order the expenses of the transportation of the said voters on election day from their homes to their polling place and return to be paid by the board of freeholders of said county, upon vouchers as hereinafter provided. And provided further, that nothing in this act anywhere Volunteers shall be construed to in any way limit the right of any vol- ^^ voters, unteer acting without compensation to transport any voter properly registered to or from any polling place where he may be legally entitled to cast his vote. Court may 392. Sec. 14. If the said judge shall be satisfied that order trans- the public interests require the transportation of the said fu^*shed. 202 Presentation of bills, with vouchers and affidavits annexed. Bills paid by freeholders. Candidate may apply for order for transporta- tion to primary. All expenses and pay- ments made through committee ; otherwise void. voters, he may make an order authorizing the petitioner to employ such number of conveyances, at rates of com- pensation to be fixed in the said order, and the amount so authorized shall be paid by the county board of freeholders, upon vouchers as hereinafter provided. Each person who shall furnish a vehicle or conveyance under the order of the said judge, shall file with the said judge within four days after the day of election, a voucher or bill setting forth the number of voters transported in his said vehicle, and the time consumed in such transportation. The owner or operator of said vehicle or conveyance shall make oath or affirmation to the truth' of the facts set out in the said voucher. Annexed to said . voucher or bill shall be the affidavit of each person claimed to have been transported by the person presenting the said voucher or bill ; said affi- davit shall state the place of the residence of said voter, and shall set forth that the place of said residence is more than two miles from the polling place at which said voter voted, and that said voter did not own any horse and wagon or motor vehicle on said day of election, and that there was no trolley line running within half a mile of the residence of the said voter upon which he could be trans- ported to within half a mile of the said polling place. If the said judge of said court shall approve of the said voucher, the same shall be paid by the county board of freeholders. 393. Sec. 15. Any person endorsed as a candidate for the nomination of any political party to public office in any county, may make application to a judge of the Court of Common Pleas for an order for the transportation of voters at any primary election upon the same terms and conditions as are herein provided for the transportation of voters at any general election. 394. Sec. 16. No payment of money shall be made and no expense shall be incurred by any person in aid of or for or on behalf of any candidate, or on account of or in respect of the conduct or management of an election held within this State, except by the committee selected under the provisions of section one of this act. All expenses 203 shall be paid only from the fund in the custody of the said committee so selected as required by this act. Any contract for the payment of money, or any expense in- curred, contrary to the provisions of this section, shall be absolutely void. 395. Sec. 17. No person or candidate for nomination Forbidden or for election to a public office or party position shall pay, lend, or contribute, or offer, or agree to pay, lend or contribute, any money or other valuable consideration, to or for any person, either for — ( 1 ) The doing or procuring to be done of any act for- Acts con- bidden to be done by the laws of this State relating to election primary or general elections ; or, ^^^'^• (2) The commission of any crime or offense against Crime the elective franchise, or the encouragement or assistance elective of a person in the commission of a crime or offense against ^''^^^^^s^- the elective franchise, or aiding or assisting any person charged with the commission of a crime against the elec- tive franchise to evade arrest or to escape conviction and punishment for such crime or oft'ense ; or, (3) Providing wholly or in part for the expense of Colonizing, boarding, lodging or maintaining a person at any place or domicile in any election precinct or ward or district, with the purpose of securing the vote of such person for himself, or any other person, at an election held within the State ; or. (4) The hiring or employment of a person to take or Hindering maintain a place in, or to otherwise obstruct or hinder, ^°^^^^- or to prevent the forming of the line of voters awaiting their opportunity or time to enter the polling place or elec- tion booth of J any election precinct; or, (5) In consideration of any person withdrawing as withdrawal a candidate for public office or Presidential elector, at ^^ candidate, any election held within this State ; or, (6) For any purpose in contravention of the provisions Against of this act ; or, ^^^^ a^*- (7) Making any payment after the time limited by Making pay- this act, unless the same is authorized as provided by this timViimit^ act: or unless it be in satisfaction of a judgment obtained 204 Name of giver must be entered. Proviso. Forbidden to contribute. Proviso. Soliciting for churches, etc., for- bidden. Subscrip- tions, sup- port of clubs, etc., prohibited. against him, whether before, during or after an election, in respect of or on account of such election, or who re- fuses or neglects to file the statement prescribed by sec- tion three of this act, or who makes or files a false state- ment thereof, or who is guilty of any crime against the elective franchise, or any offense which is punishable by fine or imprisonment, or both, under the provisions of this act. 396. Sec. 18. No person shall make any payment of his own money, or of the money of any other person, in connection with any nomination or election in any other name than that of the person who really supplies such money, nor shall any person knowingly receive such money, or thing of value, and enter it into his accounts in any other name than the name of the person who really supplies the same; provided, that the money re- ceived from the treasurer of any political organization may be so entered. 397. Sec. 19. No holder of any public office or position not filled by the voters or benevolent order or association thereof shall contribute to the nomination or the election of any person to public office or party position ; provided, that this prohibition shall not apply to any person hold- ing an appointive office or position the term of which is fixed by law. No person shall invite, demand or accept payment or contribution from such persons for campaign purposes. 398. Sec^ 20. No person shall demand, solicit, ask or invite any payment or contribution for any religious, charitable or other cause or organization supposed to be primarily for the public good, from any candidate for nomination or election. 399. Sec. 21. No person shall demand, solicit, ask or invite any candidate for nomination or for public office or party position to subscribe for the support of any club or organization, or to buy tickets to any entertainment or ball, or to pay for space in any book, program, periodi- cal or publication. This shall not apply to the solicita- tion of any business advertising in periodicals in which 205 the candidate was a reeoilar advertiser prior to his candi- ^^^^^ ^"^i- '^ ^ \ ^ ness ana dacy, nor to ordinary business advertising, nor to the church con- regular payments to any organization, religious, charit- ^ot meant, able or otherwise, of which he was a member, or to which he was a contributor, for more than six months before his candidacy, nor to any ordinary contributions at church services. 400. Sec. 22. No corporation or person, trustee or corporation trustees owning or holding the majority of stock of a tions for- corporation, carrying on the business of a bank, savings bidden, bank, co-operative bank, trust, trustee, savings indemnity, safe deposit, insurance, rail, street railway, telephone, telegraph, gas, electric light, heat, power, canal or aque- duct company, or any company having the right to con- demn land, or to exercise franchises in public ways granted by the State, county, city or town, shall pay or contribute any money or value in order to aid or pro- mote the nomination or election of any person, or in order to aid or promote the interests, success or defeat of any political party. 401. Sec. 23. No person, party or organization shall Attendance pay any person for loss or damage due to attendance at paid for. the polls at any primary or general election, or any regis- try thereof, or for the purpose of such registration. 402. Sec 24. No person shall sell, give or provide any Badges fur- political badge, button or other insignia to be worn at ^o^^ty board or about the polls on any primary or general election day, <>* elections. except the badge furnished by the county board of elec- tions are herein provided. 403. Sec. 25. It shall be unlawful for anv person, di- Unlawful « .,.,,,. ,- , ,', contribu- rectly or mdirectly, by himself or through any other per- tions: son — (i) To pay, lend, or contribute, or offer or promise To cause to pay, lend or contribute, any money or other valuable vote or re- consideration to or for any voter, or to or for any ^^^n^.^^^™ other person, to induce such voter to vote or refrain from voting at any election, or to induce any voter to vote or refrain from voting at such election for any par- ticular person or persons, or to induce such voter to come voting. 2o6 To promise employment. To induce votes. To procure votes. To furnish funds for bribery. To furnish money for board and lodging. To assist in evading arrest. to the polls or remain away from the polls at such elec- tion, or on account of such voter having voted or re- frained from voting or having voted or refrained from voting for any particular person, or having come to the polls or remained away from the polls at' such election. (2) To give, ofifer, or promise any office, place or em- ployment, or to promise to procure, or endeavor to pro- cure, any office, place or employment to or for any voter, or to or for any other person, in order to induce such voter to vote or refrain from voting at any elec- tion, or to induce any voter to vote or refrain from vot- ing at such election for any particular person or persons. (3) To make any gift, loan, promise, offer, procure- ment or agreement, as aforesaid, to, for or with any person, in order to induce such person to procure, or endeavor to procure, the election of any person, or the vote of any voter at any election. (4) To procure, or engage, promise, or endeavor to procure, in consequence of any such gift, loan, ofifer, promise, procurement or agreement, the election of any person, or the vote of any voter at such election. (5) To advance or pay, or cause to be paid, any money or other valuable thing, to or for the use of any other person, with the intent that the same, or any part thereof, shall be used in bribery at any election ; or to knowingly pay, or cause to be paid, any money or other valuable thing to any person in discharge or repayment of any money, wholly or in part, expended in bribery at any election. (6) To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that the same, or any part thereof, shall be used for boarding, lodging or maintaining a person at any place or domicile in any election precinct, or ward, or district, with intent to secure the vote of such person, or to induce such person to,' vote for any particu- lar person or perons at any election. (7) To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other 207 person, with the intent that the same, or any part thereof, shall be used to aid or assist any person to evade arrest who is charged with the commission of a crime against the elective franchise, for which, if the person were con- victed, the punishment would be imprisonment in the State Prison. (8) To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of,, any other person, in consideration of being selected or endorsed as the candidate of any convention, organized assemblage of delegates, or other body, representing, or claiming to represent, a political party or principle, or any club, so- ciety or association, for a public office, or in considera- vtion of the selection or endorsement of any other per- son as a candidate for a public office, or in consideration of any member of a convention, club, society or associa- tion, having voted to select or endorse any person as a candidate for a public office. (9) To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, in consideration of a person withdrawing as a candidate for public office. 404. Sec. 26. It shall be unlawful for any person, di- rectly or indirectly, by himself or through any other person : (i) To receive, agree or contract for, before or dur- ing an election, any money, gift, loan or other valu- able consideration, office, place or employment, for him- self or any other person, for voting or agreeing to vote, or for coming or agreeing to come to the polls, or for refraining or agreeing to refrain from voting, or for voting or agreeing to vote, or refraining or agreeing to refrain from voting for any particular person or persons at any election. (2) To receive any money or other valuable thing dur- ing or after an election, on account of himself, or any other person, having voted or refrained from voting for any particular person or perons at such election, or on account of himself, or any other person, having come to To pay for endorsement by delegates, associations, etc. To secure withdrawals. Unlawful acts : To receive money, position, etc. To vote or refrain from voting for considera- tion. 2o8- To receive consideration to secure delegates or endorse- ment. False regis- tration in person. Causing others to register falsely. Fraudulent voting, stuff- ing ballot- box, destroy- ing records, etc., a mis- demeanor. the polls or remained away from the polls at such election, or on account of having induced any other person to vote or refrain from voting, or to vote or refrain from voting for any. particular person or persons, or to come to or re- main away from the polls at such election. (3) To receive any money or other valuable thing, be- fore, during or after election, on account of himself or any other person having voted to secure the election or indorsement of any other person as the nominee or candi- date of any convention, organized assemblage of dele- gates, or other body, representing, or claiming to repre- sent, a political party or principle, or any club, society or association, or on account of himself or any other person having aided in securing the selection or indorsement of any other person as a nominee or candidate as aforesaid. 405. Sec. 27. No person shall willfully cause, procure or allow himself to be registered in any registration list, knowing himself not to be entitled to such registration. 406. Sec. 28. No person shall willfully cause, procure or allow any other person to be registered in any regis- tration list, knowing such person not to be entitled to such registration. 407. Sec. 29. Every person not entitled to vote, who fraudently votes, and every person who votes more than once at any one election; or knowingly hands in two or more tickets folded together; or changes any ballot after the same has been deposited in the ballot-box; or adds, or attempts to add, any ballot to those legally polled at any election, either by fraudulently introducing the same into the ballot-box before or after the ballots therein have been counted, or adds to or mixes with, or attempts to add to or mix with, the ballots lawfully polled, other bal- lots, while the same are being counted or canvassed, or at any other time, with intent to change the result of such election ; or carries away or destroys, or attempts to carry away or destroy, any poll list, or ballots, or ballot-box, for the purpose of breaking up or invalidating such election; or willfully detains, mutilates or destroys any election re- turns; or in any manner so interferes with the officers 209 holding such election, or conducting such canvass, or with the voters lawfully exercising their rights of voting at such election, as to prevent such election or canvass from being fairly had and lawfully conducted, shall be guilty of a misdemeanor. 408. Sec. 30. Every person not entitled to vote, who uiegai fraudulently attempts to vote, or who, being entitled to vote, attempts to vote more than once at any election, or who personates, or attempts to personate, a person legally imperson- entitled to vote, shall be guilty of a misdemenaor. ^ ^°^' 409. Sec. 31. Every person charged with the perform- Penalty for election oflScers. ance of any duty under the provisions of any law of this ^^^^^^^^ State relating to elections, who willfully neglects or re- fuses to perform it, or who, in his official capacity, know- ingly and fraudulently acts in contravention or violation of any of the provisions of such laws, shall be guilty of a misdemeanor. 410. Sec. 32. A person offending against any provision As to testi- ,. - . . . . - monv of of this act IS a competent witness against another person offenders, so offending, and may be compelled to attend and testify upon any trial, hearing, proceeding or lawful investiga- tion or judicial proceeding, in the same manner as any other person. But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. A person so testifying shall not thereafter be liable to indictment or presentment by information, nor to prosecution or punishment for the offense with reference to which his testimony was given, and may plead or prove the giving of testimony accord- ingly in bar of such indictment, information or prosecu- tion. 411. Sec. 33. It shall be unlawful for any candidate Betting, for public office, before or during an election, to make any bet or wager with a voter, or take a share or interest in, or in any manner become, a party to such bet or wager, or provide or agree to provide any money to be used by another in making such bet or wager, upon any event or contingency whatever. Nor shall it be lawful for any person, directly or indirectly, to make a bet or 2IO Penalty for Hot filing statement. Penalty for treasurer of committee. Threats, Abduction, Interference, etc. Pay envelopes not to bear political ex- pressions. wager with a voter, depending upon the result of any election, with the intent thereby to procure the challenge of such voter, or to prevent him from voting at such elec- tion. 412. Sec. 34. Every candidate who refuses or neg- lects to file a statement, as prescribed in section three of this act, is guilty of a misdemeanor. 413. Sec. 35. Every treasurer of a committee selected under the provisions of section one of this act, who re- fuses or neglects to file a statement, as prescribed by sec- tion two of this act, is guilty of a misdemeanor. 414. Sec. 36 It shall be unlawful for any person, di- rectly or indirectly, by himself or any other person in his behalf, to make use of, or threaten to make use of, any force, violence or restraint, or to inflict or threaten the infliction, by himself or through any other person, of any injury, damage, harm or loss, or in any manner to prac- tice intimidation, upon or against any person, in order to induce or compel such person to vote or refrain from voting at any election, or to vote or refrain from voting for any particular person or persons at any election, or on account of such person or persons at any election, or on account of such person having voted or refrained from voting at any election. And it shall be unlawful for any person, by abduction, duress, or any forcible or fraudu- lent device or contrivance whatever, to impede, prevent or otherwise interfere with the free exercise of the elec- tive franchise by any voter; or to compel, induce or pre- vail upon any voter either to give or refrain from giving his vote at any election, or to give or refrain from giving his vote for any particular person or persons at any elec- tion. It shall not be lawful for any employer, in pay- ing his employes the salary or wages due them, to inclose their pay in "pay envelopes" upon which there is writ- ten or printed the name of any candidate or any political mottoes, devices or arguments, containing threats, ex- press or implied, intended or calculated to influence the political opinions or actions of such employes. Nor shall it be lawful for any employer, within ninety days of an 211 election, to put up or otherwise exhibit in his factory, p^n^j^f, workshop or other establishment or place where his work- hand-Miis men or employes may be working, any hand-bill or pla- threats in card containing any threat, notice or information that in lactones. case any particular ticket of a political party, or organiza- tion, or candidate shall be elected, work in his place or establishment will cease, in whole or in part, or his place or establishment be closed up, or the salaries or wages of his workmen or employes be reduced, or other threats, express or implied, intended or calculated to influence the political opinions or actions of his workmen or employes. Penalty. This section shall apply to corporations as well as indi- viduals, and any person or corporation violating the pro- fo^^f^rfeit^"^ visions of this section is guilty of a misdemeanor, and any charter, corporation violating this section shall forfeit its charter. 415. Sec. 37. Every inspector, judge or clerk of an Penalty for elect ion election, who, previous to putting the ballot of an elector officers to in the ballot-box, attempts to find out any name on such ^J^^^ ^vofer's ballot, or who opens or suffers the folded ballot of any baiiot elector which has been handed in to be opened or ex- amined previous to putting the same in the ballot-box, or who makes or places any mark or device on any folded ballot with the view to ascertain the name of any person for whom the elector has voted, or who, without the con- sent of the elector, discloses the name of any person which such inspector, judge or clerk has fraudulently or illegally discovered to have been voted for by such elector, shall be guilty of a misdemeanor. 416. Sec. 38. If the prosecutor of the pleas of the Duty of county shall be notified by any officer or other person fnquire into° of any violation of any of the provisions of this act, it violations, shall be his duty forthwith to diligently inquire into the facts of such violation, and if there is reasonable ground for instituting a prosecution, it shall be the duty of such prosecutor of the pleas to present the said charge with all the evidence which he can procure, to the grand jury of such county. If any prosecutor of the pleas shall fail or refuse to faithfully perform any duty imposed upon him by this act, he shall be deemed guilty of a misde- 212 Prosecutions Citizens may assist prosecutor. Dismissal of actions. meanor, and on conviction thereof shall forfeit his office. It shall be the duty of the prosecutor of the pleas, un- der the penalty of forfeiture of his office, to prosecute any and all persons guilty of any violation of the pro- visions of this act, the penalty of which is fine or im- prisonment, or both, or removal from office. Any citizen may employ an attorney to assist the prosecutor of the pleas to perform his duties under this act, and such attor- ney shall be recognized by the prosecutor of the pleas and the court as associate counsel in the proceeding; and no prosecution, action or proceeding shall be dismissed with- out notice to, or against the objection of, such associate counsel until the reasons of the prosecutor of the pleas for such dismissal, together with the objections thereto of said associate counsel, shall have been filed in writing, argued by counsel, and fully considered by the court, with such limitation as to the time of filing such reasons and objections as the court may impose. Penalties. Forfeiture of office. 417. Sec. 39. Any person or candidate who shall. vio- late any provision of this act shall be guilty of a misde- meanor; and any such candidate shall, in addition to the punishment prescribed by law, forgeit any office to which he may have been elected at the election in reference to which such crime or offense was committed; and if the candidate so offending is the incumbent of an office of profit or trust under the laws of this State, he shall there- by forfeit this office. Any candidate who procures, aids, assists, counsels, or advises the payment of any money or other valuable thing by or on behalf of a committee selected under the provisions of section one of this act, and such payment is made for any purpose which, if the money was expended by the candidate, would work a for- feiture of the office to which he has been elected, such payment shall be deemed to have been made by such can- didate, and he shall forfeit any office to which he may have been elected at the election in reference to which such payment was made by or on behalf of such com- mittee. 213 41 8. Sec, 40. Any twenty-five voters of the State, or Contested , . elections of any political division thereof, may contest the right of any person to nomination, position or office for which said voters had the right to vote, on the ground of de- liberate, serious and material violation of the provisions of this act or of any other provisions of the law relating to nominations and elections. Any defeated candidate for said nomination, position or office may make said contest. Said procedure shall be commenced by petition filed in the circuit court of the county, in which the can- didate whose election is contested resides, and the con- test shall be carried on according to the provisions of section one hundred and sixty-two of the act to which this act is a supplement. In case of contest over nominations, the court shall Court to pronounce whether the incumbent or contestant was duly nominated, and the person so declared nominated shall have his name printed on the official ballots. 419. Sec. 41. When upon the trial of any action or court to proceedings under this act it shall appear from the evi- mitigatLg dence that the offense complained of was not committed circum- , stances. by the candidate, or with his knowledge or consent, or was committed without his sanction or connivance, and that all reasonable means were taken by such candidate at such election, or were taken by or on behalf of the candidate, or that the offenses complained of were trivial, unimportant or limited in character, and that in all re- spects his candidacy and election were free from all of- fensive, or illegal acts, or that any act or omission of any candidate complained of arose from accidental mis- calculation or from some other reasonable cause of like nature, and in any case did not arise from any want of good faith, and under the circumstances it seems to the court to be unjust that the candidate shall forfeit his nomination, position or office, then the nomination or election of such candidate shall not by reason of such offense complained of to be void, nor shall the candi- date be removed from nor deprived of his nomination, position or office. 214 lime for begiBnlng contests. Proceedings against cor- porations. Judgment. Candidates set aside not to fill vacancies. 420. Sec. 42. Any action under this act contesting any nomination or election must be commenced within ten days after the day of the primary, or thirty days after a general election, unless the ground of action is discovered from the statements filed under this act, in which event the action must be commenced within ten or thirty days after such discovery, respectively. Any action to annul any nomination or election of any person for office men- tioned in this act, must be filed in the circuit court of the county in which the person resides whose right to the nomination, position or office is contested. 421. Sec. 43. Any corporation organized under the laws of this State, or doing business therein, may be brought into the circuit court on the ground of the de- liberate, serious and material violation of this act by pro- ceedings begun and continued in substantially the same form as is required in the case of contesting the nomi- nation or election of any candidate for public office un- der this act. The petition shall be filed in the circuit court of the county in which the corporation has its principal office, or in which the violation of this act is averred to have occurred. If judgment shall be rendered in such proceedings against the corporation, and it shall be found to have violated the said act, judgment shall be awarded against the said corporation in the amount of not exceeding ten thousand dollars, or the said court may forfeit the char- ter of said company, if it is a company organized under the laws of this State. 422. Sec. 44. A candidate elected to an office, and whose election thereto has been annulled and set aside for any offense mentioned in this act, shall not, during the period fixed by law as the term of such office, be appointed to fill any vacancy which may occur in such office. A candidate or other person who is removed from or deprived of his office for any offense mentioned in this act, shall not, during the period remaining as the un- expired term of such office, or during the period fixed by law as the next ensuing term of such office, be appointed 215 tc fill .any vacancy which may occur in such office. Any appointment to an office made in violation of or con- trary to the provisions of this section shall be void. 423. Sec. 45. In event that any provisions or para- constitu- u 7 r xu- . 1- 11 t. ^- 1 • . tionality of graph or part of this act shall be questioned in any court sections, and shall be held to be invalid, the remainder of the act shall not be invalidated, but shall remain in full force and effect. Supplement, May 2, 191 1, P. L. 191 1, p. 762. 424. Sec. I. No vacancy on any primary ticked caused by the death of any candidate endorsed in any petition, or by a declination in writing by any candidate so en- dorsed, shall be filled unless the said vacancy occurs at least fifteen days before the primary election. 425. Sec. 2. All petitions endorsing any person or per- sons as candidates for nomination of any political tparty to any public office of any county, including members of the General Assembly and State Senate, shall be filed with the county clerk ^of such county at least twenty- five days prior to the time fixed by law for the holding of such primary election, and the said county clerk shall certify all of said nominations to the clerk of each mu- nicipality in his county at least twenty days prior to the time fixed by law for the holding of said primary election. Supplement of Mar. 13, 1912, P. L. 1912, p. 100. 426. Sec. I. The American flag shall be displayed in riag dis- each polling place in this State by the boards of regis- Pj^^f^^ ** try and election during the hours when said i boards are place. in session. 427. Sec. 2. The board, body or officer now charged ,^^ ^^ ^ with the duty of defraying the expenses of conducting furnish flag, the primary and elections shall furnish said flag, which shall be approximately three feet by /five feet in size. Supplement of Mar. 28, 1912, P. L. 1912, p. 425. 42S'. Sec. I. Any male person who has attained the ^^ ^^^^ ^f aee of twenty-one years and has a legal residence in the federal gov- -, ..-..^T 1,- i-r^ u ernment may State of New Jersey, but is now, or hereafter may be register by living out of the State, in the employ of the United affidavit. States Government, and ^who has the right to and de- 2l6 Candidates or commit- tees who fail to file statements may apply for exten- sion- sires to exercise the right of franchise, shall have the right to be registered by affidavit for any primary and general, State or municipal election, in the city, borough, town or township, wherein he has a legal residence, pro- vided such affidavit shall properly answer ;the same ques- tions required to be answered in the case of personal registration. Election officers shall accept such affidavit, if received by mail or by proxy, prior /to or on the day of the last registration for any such election, and place the said person's name on the registry list, provided, it is accompanied by / a certificate from the department or bureau where such person is employed, certifying that the applicant for the right of franchise, is a legal resident of the. State of New Jersey, and is credited to this State on the records of the office where employed. Supplement of Apr. i6, 19 12, p. 849. 429. Sec. I. Any candidate for office, or the cam- paign committee of such candidate, or either of them, who may have ; heretofore failed or neglected to file the statement and report required by the act to which this is a supplement, within the time required by said act, may apply to the judge of the Court^of Common Pleas of the county in which said candidate resided at the time of the said election, for permission to file the statement and report aforesaid, and said t judge shall thereupon inquire into the reasons for the failure to file such statement and report, and if it shall appear to him, by affidavit or other- wise, that the said candidate or campaign committee of such candidate has complied with the provisions of the act to which this is a supplement, except as to the filing of such statement and report within \the time required by said act, he may thereupon make an order permitting such candidate and campaign committee to file such state- ment and report within a time j to be fixed by said order not more than ten days from the date thereof; and upon the filing of said statement and report in the office, or offices, and in ^the form as now provided by said act, the said candidate shall be entitled to assume the office to which he may have been elected at such election, and 217 shall be restored to any office of profit i or trust under the laws of this State which may have been forfeited by him by reason of the failure to file such statement and report within (the time required by said act. Supplement of May 13, 1912, P. L. 1912, p. 927. 430. Sfx. I. In the year in which a President of the .United States is to be elected, the State oonventions which are now required to meet on the Tuesday follow- ing the primary election in each year, shall severally nominate for their respective parties, suich number of candidates for electors of President and Vice-President of the United States as ithis State shall be entitled to elect or appoint. Such nominations shall be certified in the manner provided by the act to which this is a supple- ment, and all subsequent proceedings itherein shall be in conformity wath the various provisions of said act and the supplements thereto, so far as the same are applicable. The names of the candidates for President .and Vice- President for whom such electors are to vote may be included in the certificate. Said conventions may ap- point a committee to whom shall /be delegated the power to fill any vacancies occasioned by any cause. The candi- dates for electors shall be amenable to chapter 188, laws of 191 1. The State committee of itheir party may be their agent for the purposes mentioned in the first sec- tion of said act, or they may designate such other agent or agents as they see fit and such agent or agents shall comply with all requirements of said chapter 1S8, laws of 1911. CHAPTER 206. A Supplement to ,an act entitled "An act for the pun- ishment of crimes (Revision of 1898)," approved June fourteenth, one thousand eight hundred and ninety-eight. Be it enacted by the Senate and General Assembly of the State of New ^ Jersey : 431. Sec. I. Any person who shall, directly or indi- Bribery at rectlv, bv himself or by anv other person in his behalf, election a ' ' tJlsdtuaean vr 2l8 Penalty. Contributing witti view to bribery a misde- meanor. Penalty. Receiving rewards or promises a misdemeanor. Penalty, disfran- chisement. give, lend, or agree to give or lend, jor procure, or agree to procure or offer or promise to procure, or endeavor to procure, any money or other valuable consideration or thing, or any office, place or employment to or for any voter, or to or for any person, in order to induce such voter to vote or refrain from registering or voting at any election, or shall corruptly \do or commit any of the acts in this section mentioned, on account of any voter having voted or refrained from voting, or having reg- istered or refrained from registering for any election, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to disfranchisement for a pe- riod of five years from the ^date of conviction. 432. Sec. 2. Any person who shall give, advance or pay, or cause to be given, advanced or paid, any money or other valuable thing to any , person, or to the use of any other person, with the intent that such money or other valuable thing, or any part thereof, shall be ex- pended, or used for bribery .of voters, or for any other unlawful purpose at any election, or who shall know- ingly pay, or cause to be paid, any money to any person wholly or in part expended in bribery of a voter or voters at any election, shall be guilty of a misdemeanor, and, on conviction thereof, shall be sentenced to disfranchisement for five years from the date of conviction. 433. Sec. 3. Any person who shall, directly or indi- rectly, by himself, or by any other person on his behalf, receive, agree or contract for any money, gift, loan or valuable consideration, office, place or employment for himself or for any other person for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at any election, or for registering or agreeing to register, or for refraining or for agreeing to refrain from registering for any election, shall be guilty of a misde- meanor, and on conviction thereof, shall be sentenced to disfranchisement for a period of five years from the date of conviction. 434. Sec. 4. Supplemented by P. L. 191 1, .chap. 188', sec. 36, paragraph 468, post. 219 435- ^EC. 5. Any person who, having once been con- Penalty for victed of a violation of any of ,the provisions of this act, offense, shall again be convicted of a violation of any of the pro- visions of this act, whether such conviction be for the same offense or not, shall, on such second conviction, be sentenced to disfranchsement and to pay a fine not ex- seeding one thousand dollars, or to imprisonment for a term not exceeding five years, or ,both, at the discretion of the court, (a) 436. Sec. 6. No person shall be excused from attend- Compulsory ing and testifying, or producing any books, papers or other documents before any court on any indictment for violation of any of the provisions of this act, upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to convict him of a crime or to subject him to a penalty or forfeiture, but no person shall be prosecuted or sub- jected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he incriminat- may so testify or produce evidence, documentary or, other- testimony wise, and no testimony so given or produced shall be re- °gajn"t^^ ceived against him upon any criminal proceeding or witness, action. ,437. Sec. 7. All acts and parts of acts inconsistent with Repealer, the provisions of this act be and the same are hereby re- pealed. CHAPTER 208. An Act to define the crime of bribery and to provide for the punishment thereof. Be it enacted by the Senate and General Assembly of the State of New Jersey : 43S. Sec. I. Any person ,who shall do any act herein- after prohibited shall be deemed guilty of the crime of bribery and shall be punished therefor as hereinafter pro- vided. (a) Query. — Is not this section unconstitutional under tne declilon in 8tate v. OarriganT 35 N. J. Late Journal, p. 106. Bribery. 220 No contri- butions or promises. Entertain- ment. Clubs. Ijiterature. Proviso ; paid adver- tisements. Not accept gift. * Penalty for violations. 439. Sec. 2. No person shall give or agree to give for the purpose of promoting or procuring the election of a candidate for public office, or for the purpose of promot- ing or procuring the nomination of any person as ^a can- didate for public office, any money or any valuable thing to be used for any of the purposes hereinafter enumer- ated. I (a) To provide or give or to pay, wholly or in part, the expense of giving or providing any meat, drink, en- tertainment or provision to or for any (person for the pur- pose of influencing that person or any other person to give or refrain from giving his vote at any election, or on account of ^ any such person or any other person hav- ing voted or refrained from voting. (b) To provide for the payment of rent for or for the purpose of providing and fitting up any clubroom for social or recreative purposes, or providing for uniforms for any organized club. (c) To provide for the payment^ for the insertion in any newspaper or magazine of any article tending to influence any voter; provided, however^ that this prohi- bition shall not be construed to prohibit the , insertion of paid advertisements, which advertisements shall be indi- cated by the words 'This advertisement has been paid for by " (inserting the name of , the person or persons paying for the same.) 440 Sec. ,3;. No (person shall accept any money or" other valuable thing, the payment of which is prohibited by this act. 441. Sec. 4. Any person found guilty of bribery as hereinabove defined shall be guilty ,of a misdemeanor, and upon conviction thereof shall, for the first oflfense be disfranchised for a period of two years from the date of such conviction, and for any subsequent offense shall be perpetually disfranchised, and in addition thereto the court in which such conviction is obtained, may, in its discretion, in a case of a subsequent conviction, impose upon the person so convicted, the punishment now pre- scribed bv law for a misdemeanor. 221 442. Sec. 5. No person called to testify in any pro- [°"\^g°**' ceedings under -this act shall be liable to a criminal pros- mony ecution, either under this act or otherwise, for any mat- against ters or causes in respect to which he shall be examined, ^^^ness. or to which his testimony shall relate, except to a prose- cution for bribery committed in such testimony; nor shall any person, when called to testify in any trial for a vio- lation of this act, be privileged to refuse to answer any questions which may be asked him, upon the ground that the same will tend to degrade or incriminate him. 44^. Sec. 6. Nothing in this act contained shall be con- Construe- ^^^ ^ tion of act. strued to alter, modify, amend or repeal any statute of this State imposing any penalty for any offenses in con- nection with the holding of an election; provided, how- proviso. ever, that this section shall not be construed to alter or modify the provisions of section five of this act. CHAPTER 34. A Further Supplement to an act entitled "An act for the punishment of crimes (Revision of 1898)," approved June fourteenth, eighteen hundred and ninety-eight. Be it enacted hy the Senate and General Assembly of the State of New Jersey: 444. No insurance corporation or association doing Political con- business in this State shall, directly or indirectly, pay or insurance use, or offer, consent or agree to pay or use, any money *^°™vj^,^it^d or property for or in aid of any political party, commit- tee, organization or corporation, or for or in aid of any candidate for political office, or for nomination for such office, or for any political purpose whatsoever, or for the reimbursement or indemnification of any person for money or property so used. x\ny officer, director, stock- violation a , . . . . misdemeanor. holder, attorney or agent of any corporation or associa- tion which violates any of the provisions of this act, who participates in, aids, abets, or advises or consents to any such violation, and any person who solicits or knowingly receives any money or property in violation of this act, shall be guilty of a misdemeanor. Witnesses mnst testify. 222 No person shall be excused from attending and testi- fying, or producing any books, papers or other docu- ments, before any court or magistrate upon any investi- gation, proceeding or trial, for a violation of any of the provisions of this act, upon the ground or for the reason that the testimony or evidence, documentary or other- wise, required of him may tend to incriminate or de- grade him ; but no person shall be prosecuted or sub- jected to any penalty or forfeiture for or on account of any transact'ion, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be used against him upon any criminal investigation or proceeding. CHAPTER 65, LAWS OF 1914. An Act to authorize the- Governor to make temporary ap- pointments of Senators of the United States for this State when vacancies occur otherwise than by the ex- piration of their terms of office. Be it enacted by the Senate and General Assembly of the State of New Jersey. 445. Sec. I. The Governor of this State hereby is au- thorized and empowered to make temporary appointments of Senators of the United States from this State when- ever vacancies shall occur by reason of death, resignation or for any cause other than the expiration of their terms; and such appointees shall serve as such Senators until a special election or general election shall have been held pursuant to law, and the Board of State Canvassers can deliver to their successors certificates of election. 2. This act shall take effect immediately. Approved March 26, 19 14. 3^ CHAPTER 197, LAWS OF 1914. A Supplement to an act entitled "A supplement to an act entitled "An act to regelate elections (Revision of 1898)/ approved April fourth, one thousand eight hun- dred and ninety-eight55 which supplement was approved April nineteenth, one thousand nine hundred and eleven. Be it enacted hy the Senate and General Assetnhly of the State of Nezc Jersey : 446. Sec. I. Hereafter, whenever any question or pro- position shall be submitted to the people of the State at any primary, special or general election, there shall be mailed to each registered voter in the .same envelope with the sample ballot, and in the manner provided in the act to which this is a supplement for the mailing of sample ballots a printed copy of the act of the Legislature or con- stitutional amendment which is so submitted. When the act of the Legislature submitted is an amendment or sup- plement to a statute of this State, there shall be printed and mailed to each registered voter as hereinbefore pro- vided, in addition to the copy of the act submitted, such portion of the statute to which the same is an amendment or supplement as shall be necessary to clearly disclose to the voter the relation of the act submitted to the exist- ing statute law. W^hen a constitutional amendment is sub- mitted, there shall be printed and mailed to each regis- tered voter as hereinbefore provided, in addition to the copy of the constitutional amendments submitted, such portion of the constitution as shall be necessary to clearly disclose to the voter the relation of the amendment sub- mitted to the existing constitution. Whenever, under the provisions of this act, it shall be necessary to mail to the voters any portion of the statute law of the State, or any portion of the State constitution, it shall be the duty of the Attorney-General to designate by writing filed with the Secretary of State what portion of the statute law or State constitution shall be so printed or mailed. The Attorney-General, in place of or in addition to designat- ing any portion of the statute law or State constitution to 224 be so printed and mailed, may if he deem proper make a summary statement of the existing law or constitutional provisions upon the subject so far as necessary to inform the voters of the effect which the adoption or rejection of the question or proposition submitted to them will have upon said statute law or State constitution, and the mail- ing of such summary statement shall be a compliance with the provisions of this act. Whenever an amendment to the constitution or to a statute is mailed as aforesaid, such part thereof as is new and is not contained in the then existing constitution or statute shall be underscored, and if any portion of the existing law or constitution is to be omitted in the proposed amendment, such portion shall be enclosed in brackets in the printed copies of the existing law or constitution so mailed; and there shall be annexed a note explaining the significance of the brackets and un- derscoring. 447. The Secretary of State shall cause to be printed, and at least ten days before any primary, special, or gen- eral election at which any question or proposition is to be submitted, shall deliver to each county clerk a number of copies of the printed matter to be mailed as hereinbe- fore required, at least twenty per centum greater than the number of registered voters in the county. Each coun- ty clerk shall notify the Secretary of State of the number of copies required for his county. 448. The boards, bodies or officers now charged with the duty of defraying the expenses of conducting primary, special, and general elections shall pay any additional ex- pense made necessary by or provided for in this act. 449. All acts and parts of acts inconsistent herewith are hereby repealed. 5. This act shall take efi-ect immediately. Approved April 15, 1914- 2.2 New Jersey Constitution. ARTICLE II. Right of Suffrage. 450. Sec. I. Every male citizen of the United States, of the age of twenty-one years, who shall have been a resident of this State one year, and of the county in which he claims his vote five months, next before the election, shall be entitled to vote for all officers that now are or hereafter may be elective by the people; (a) provided, that no person in the military, naval, or marine service of the United States shall be considered a resident in this state by being stationed in any garrison, barrack, or mili- tary or naval place or station within this state; and no pauper, idiot, insane person or person convicted of a crime which now excludes him from being a witness, un- less pardoned or restored by law to the right of suffrage, shall enjoy the right of an elector; (&) and provided further that in time of war no elector in the actual mili- tary service of the state, or of the United States in the army or navy thereof, shall be deprived of his vote by reason of his absence from such election district ; and the legislature shall have power to provide the manner in which, and the time and place at which, such absent elec- tors may vote, and for the return and canvass of their (a) Tbe residence required to entitle a person to vote means his fixed domicile or permanent home, and as not changed or altered hy his occasional absence with or without his family. Cadicalader v. Boicell, 3 Harrison 13S. (6) The above constitutional provision was adopted m 1S44. At that time the statute disqualifying witnesses provided "that no person who shall be convicted of blasphemy, " treason, murder, piracy, arson, rape, sodomy, or the infamous crime against nature, committed with mankind or with beast, polygamy, robbery, conspiracy, forgery, or larceny above the value of six dollars shall in any case be admitted as a witness unless he or she be first pardoned ; and no person wno shall be convicted of perlury. or of subornation of perjury, although pardoned for the same, shall be admitted as a witness in any case." 226 votes in the election districts in which they respectively reside, (a) 451. Sec. 2. The legislature may pass laws to deprive persons of the right of suffrage who shall be convicted of bribery. (a) Tho right to vote, secured by the constitution, can only be- come operative by legislation ; and any reasonable legislative regula- tion for the purpose of securing an enforced secrecy of the ballot is not a deprivation of a right to vote. Hansom v. Black, 23 Vroom 446. School trustees are officers within this article of the constitu- tion, so that, if they are made elective by the people, only male citizens can vote for them. Kimhall v. Hindec, 28 Vroom 807. A statute cannot confine the right to vote for road commissioners to the freeholders of the district, nor extend it to females or to non-residents of the district. Allison v. Blake, 28 Vroom G. An election held in accordance with a statute which prohibits from voting a large class of persons having a constitutional right to vote, does not confer a legal title to the officx; upon the person elected. Allison v. Englewood, 2fl Vroom. 140. INDEX TO ELECTION LAW. Acceptance of nomination required, section 301. Adjournment of county canvassers, proceedings on, sections 105. 107. election boards during election day, section 4. not to be had after election until votes are counted, section 89. proceedings on adjourning before close of election, section tt. Affidavits for registration of voters to be filed, sections z^, 35- to secure registry of voters, sections 23, 24, 26, 32, 35. election board may take, section 16. registration by, when not allowed, section 402. registration by, sections 381, 382, 403, 485. Agents allowed within railed inclosure, when, section 63. appointment of, for polling places, section 63. authority of, as challengers, section 63. number of, section 63. permits to, delivered to board of election, section 63. permits to, issued by county boards of election, section 63. primary elections section 264. written appointments of, filed with county board, section (>z. Alien, oath of person challenged as, section tz- Alternate-at-large, how nominated., section 320. petition, section 320. number cf names required on petition, 320. procedure, section 320. how grouped on primary ticket, section 322. how printed on primary ticket, section 322. Amending certificates and petitions of nominations, section 235. Annual general election, held when, section i. in every city, town, borough, &c., held when, section 2. Arrest, freedom from, on civil process on election day, section 70. persons selling liquor- on election day, section 194. Assemblyman, statement by, relative to U. S. Senator, section 341. Assembly, general, see General Assembly. Assistant to blind or disabled voter not to reveal for whom he voted, section 368. Attorney general to designate printing of statutes for special election, section 446. {227) 228 B. Ballot-boxes, poll-list, &c., deposited in, after election, section 99. by whom furnished, sections 60, 369. constructed how, sections 60, 369. contents of, preserved how, section 100. custody of, after election, sections 99, 100. custody of, during adjournment on election day, section TT. deposited where, in cities, section 99. exhibited before receiving votes, section 66. keys of, custody after election, sections dT, 369. keys of, custody curing election, sect ons 65, 369. located within rail inclosure, section 78. penalty for obstructing officers carrying to city clerk's office, sec- tion 10 1. poll-book, deposited in, on adjournment before and after close of election, sections dy, 77, 99. primary elections, for, section 60. provided and kept in repair by whom, sections 60, 369. public view of, during adjournment, section 77. record of receipt of, kept by city clerk, section 99. robbing, penalty for, section 190. Ballots, arrangement of names of candidates for president and vice-president, section 360. arrangement, when candidate voted for more than once, section 360. black ink or pencil must be used in writing names on, sections 59, 85. canvassed, how, see Canvass of votes. considered void in part, when, section 92. considered void totally, when, sections 58, 59, 85, 91, 92. how counted as to questions or propositions, printed on, section 363. county clerk to provide, when, section 364. county clerk to prepare, section 287. coupon on, section 362. deficiency of, supplied how, section 55. delivered to board of election, section 54. delivered to clerk of election, section 54. delivered to township or municipal clerks, section 54. delivered in sealed packages, section 54. deposited in box after board decides to receive them, sections 68, 76, deposited in box with poll-list, &c., after election, section 99. destruction of, proceedings in case of, section 55. disposition of spoiled ballots, section 400. distinguishing marks on, prohibited, section 85. distr bution of, before election day, section 345. effect of spoiled ballot, section 345. error in printing, corrected how, sections 53, 257. form of, section 362. form of, when questioned to be voted on, section 2>^2>' furnished to voter at election, section 366. if unused to be returned, section ^65. 229 Ballots, loss or destruction of, proceedings in case of, section 55. marking ballot, section 363. marks on, make it void, sections 58, 367. method of voting, section 366. mistakes in, correction of, section 53. municipal clerk to provide, when, sections 328, 364. names may be erased from, by voter, sections 59, 85. names of candidates for president and vice-president may be printed on, section 47. names of candidates not accepting nomination not to be printed on, section 42. names of persons declining nomination not printed on, section 44. notification by candidate of more than one party by order of designation, section 359. number of, provided by county or municipal clerk, section 361. numbers on, section 366- number furnshed, section 361. numbering of, in counting votes, section 87. number of ballots allowed to each voter, section 345. offices to be filled, section 287. official, when to be used, sections 85, 234. pasters used on, description of, sections 59, 85. penalty for altering or destroying, sections 190, 195. penalty for altering indorsement on, section 195. penalty for marking, section 198. penalty for removing from booths, section 196. penalty for showing within polling-room, section 198. penalty for voting other than official, section 198. plurality of, sufficient to elect, section 93. preparation of, section 287. primary, how voted, section 346. primary, form of, sections 324, 345. primary, to be supplied by municipal clerk to district boards, section 325- printed at public expense, section 48. printed five days before election, section 53. proceedings when lost, destroyed or stolen, section 55. provided at public expense, section 48. provided how, for local elections, section 85. questions or proposit'ons to be voted upon, printed on, section 363. sample for voting on constitutional amendments, section 446. sample, board of registry and election to mail sample ballots, sections 334, 364. sample, county clerk to furnish, section 364. sample, for national delegate convent on, form of, section 329. sample for national delegate convention, by whom supplied, section 328. sample, not to be voted, sections 334, 364. sample, number of ballots each voter entitled to, section 418. sample, record of, section 364. sample, special elections, sections 364, 446. sample, supplied by munic'pal clerk, section 334. stamped envelope to be returned if unused, section 365. 230 Ballots, to be receipted for by election board, section 365. to be numbered, section 362. to be furnished at election place, section 361. township election, for, section 85. unofficial, use of, at general elections, section 55. unofficial, use of, at local elections, section 85. use of, substituted for official, section 55. use at local elections, inclosed in official envelopes, section 85. used at local elections, pasters on, section 85. used at local elections, void when, section 85. used at local elections, written changes on, section 85. void, general provisions concerning, sections 91, 92. void if designated by any mark, sections 58, 85. void if ink or pencil other than black be used in writing names on, sections 59, 85. . void if paster does not conform to law, sections 59, 85. void, in part, section 92. voter must receive, before entering booth or voting, sections 80, 420. who may print, section 373. when blanket or single, section 358. when candidates' names, arranged alphabetically, section 359. when party divided, section 40. Bar-room, election not to be held in, section 8. Betting on elections, prohibition of, section 187. Blanks for election returns, &c., furnished by secretary of state, section 61. Blind voter, ass'sted how, section 368. Board of county canvassers, see County canvassers. Board of election, addition of names to registry by, on affidavit, section 24, adjournment of, on election day, sections 4, 77. all elections, to conduct, section 64. alphabetical registers, to make, section 23. announce publicly results of election, section 89. appointment of, sections 308, 311. appointment of, in new or altered districts, section 31. ballot of voter whose name has been checked, when received by, section 82. ballot-boxes in cities transmitted to the city clerk by, section 99. ballot-boxes in townships, &c., where kept, section 99. canvass of returns national delegates' primary, section 330. canvass of votes by, sections 86 to 93, 275, 367, 421. certificate of removal given by, section ^^7. certify returns to county clerk, section 330 challenge of voters by, section 72. checked register filed with county clerk by, section 67. civil service commisson to examine applicants, section 310. clerks of, who to be, section 19. compensation of members of, section 316. composed how, section 309. copy of completed register filed with county board by, sec- tion 24. 231 Board of election, dates of meeting to make and revise registers, sections 21 to 24, 26 to 29, 37. decision of majority is decision of, section 90. decision of, to receive ballot necessary before depositing it in box, sections 68, 76, 80. dissent to decision of board by a member, section 90. duty of, in new or altered districts, section 31. duty of, on presentation of certificates of county board of elections, section 25. .duty of, when voter is challenged, sections 75, 76. erasing names from register, section 24. exhibition of ballot-box by, section 66. hold and conduct all elections in this state, section 64. how decide whether vote shall be received, section 76. ineligible for any office, section 84. judge and inspector of, who to be, section 19. , may examine persons as to right to vote, section 75. meet in cities having over 5.000 inhabitants, when, sections 21, 333- meet in all other districts, when, sections 23, 335. meeting places of, section 18. members of, nominated by chairman of political parties, section 309- names checked on register on election day, section 67. names of. signed to poll-book, section 86. names when stricken from register, section 25. new municipalities, in, section 237. nominat'ons for members of, section 309. nominees for, his fitness ascertained, section 310. oath administered to challenged voters by, section 75. oath of members of. section 16. oath administered by members of, section 16. official ballots furnished to voter by, section 80. organization of, section 19. penalty for false registration by, section 33, penalty for refusing to enter names on register, section 33. penalty for receiving illegal votes, by, sections 33, 75. place of meeting, section 18. police power of, sections 83, 186. poll-list, deposited in ballot-box by, section 99. primary election, to canvass votes, section 344. proceedings of, public, section 32. proclamation by, on opening polls, section 66. registers, copies, how disposed of, section 24. registers, made how, sections 21 to 24, 335. registry of voters by affidavits, sections 23, 24, 32, 35. removal from office of member of. section 314. request by, for detail of police force, section 83. revision and correct'ons of registers, made how, section 333. revision of register for local elections, sections 26 to 29. room for its meetings, to select when, section 8. 232 Board of election shall not receive vote of person unless satisfied of his right to vote, section 366. shall sign poll-book, section 86. statement of result of election made by, sections 94 to 98. to mail sample ballots, section 334. term of, sections 17, 313. time of appointing, section 311. time of meeting, sections 21. 2^, 335, 337, 340. to hold primaries, section 241. transmission of copy of statement of election to township or municipal clerk, section 96. , transmission of statement of election to secretary of state and county clerk, section 96. vacancy :n before election day, filled how, section 312, vacancy in, election day, how filled, section 17. what elections to hold, section 64. Board of elections, see County board of elections. • Board of registry and elections, see Board of election. Board of state canvassers, see State canvassers. Booths, see Election booths. Borough elections, manner of conducting, sections 64. 85. Boundary lines, section 306. number of voters in, section 306. creation and readjustment of new districts, section 306. by whom new districts created, section 306. when new districts created, section 306. order by Justice of Supreme Court for registry books in, sectiois 306. Bribery, penalty for, section 431. (See Penalty.) C. Campaign contributions by insurance companies prohibited, section 332. Candidates, acceptance of nomination by, sections 42, 244. certificates and petitions nominating, filed with whom, section 4a. filling vacancies, sections 44, 45, 258, 305, 355. form of petition nominating, section 41. independent, who considered to be, section 43. names of, certified by county clerk to secretary of state, section 4«. names of, certified by secretary of state to county clerk, sections 43, 45- nominated by petition, sections 41, 290, 295. nominated by political party, section 38. nomination of, when former candidate has died or declined, sec- tion 45. presidential and vice-presidential, included in certificate or petitioH of nomination, section 47. proceedings on declination of, sections 44, 45, 305. Canvass of votes, made immediately after election, without adjournment, sectioas 89, 275, 346, 367. manner of making, sections 86 to 93, 296, 346, 367. open and public, to be, sections 89, 346, 367. Canvass of votes, proposition submitted to vote of people, section 363. void ballots, secti6ns 58, 59, 85, 91, 92. primary elections, section 254. Canvassing-books, blanks, &c., provided by secretary of state, section 6x. Certificate of nomination, deemed valid, when, section 46. filed, when and where, sections 42, 45. form of, sections 39, 85. objections to, made when and how, section 46. objections to, passed on, how, section 46. open for public inspection, section 42. vacancy, in case of, section 45. Certificates and petitions of nominations, amended how, section 235. filed when, section 42. filed with whom, sections 42, 290, 293, 295. open for inspection when, section 42. preserved one year, section 42. Chairman of state committee, duty when tie vote for governor or congressmaa, section 344. notification by secretary of state, section 372. Challenge for crime, proven how, section 71. generally, oath in case of, sections 74, 354. of person as alien, section 73. questions to be asked when voter challenged, section 354. when signatures on poll-book and regstry-book differ, section jsg. who may, sections 63, 72. Challengers, see Agents. Charter elections, blanks and books furnished by whom, section 62. candidates for, nominated how, sections 85, 234. canvassed by whom, section 102. conducted by whom, section 64. copies of register to be posted and filed, section 26. county boards to meet when, section 30. date of holding, section 2. duties of county boards concerning, section 30. held when, section 2. in villages, section 238. notice of registration to be published, how, sections 26, 29. registry of votes for, sections 26, 29, 31, 37. result of, ascertained how, section 94. Chief of police, when registry list to be furnished to, section 350. when to investigate registry I'sts, section 350. Chosen freeholders, power of, to require vacancy in senate or general aascjaUf to be filled, section 133. Cities, charter elections in, when held, section 238. charter elections in, how conducted^ section 238. officers in, terms of, sections 239 to 248. » vacancies in offices in, how filled, section 242. City clerk, duty concerning ballot-boxes, section 99. election blanks for local elections, to provide, section 62. furnish ballots, when, sections 290, 292, 336. 234 City clerk, may erect booths, &c., in street, section 8. notice of election, to give, section 7. notify board of election of location of polling-room, section 8. procure room for registering voters, &c., section 8. publish notice of meetings of district boards, section 28. public description of boundary lines and location of polling place, section 28. record of names of persons delivering ballot-boxes, to keep, section 99. record of time of receipt of ballot-boxes, to keep, section 99. City office, contest in case of, see Contested elections. Ciril service commission, applicants for members of district board of registry and election, examined by, section 309. certification of result of examination, section 310. expenses of, and by whom paid, section 310. nominations for board of election, to be submitted to, sections 309, 310. of what examinaitions shall consist, section 310. qualifications for member of district board of registry and election, section 310. when examination held, section 310. Clerks of election, copies of registers posted by, section 24. copy of completed register filed with city, township or munici- pal clerk by, section 24. delivery of ballots and envelopes to board of election by, sec- section 54. duties of, on election day, section 67. for local election, notice of revision of register given by, sec- tion 29. who to serve as, section 19. Commission of messenger sent for missing statement of election, sections 106, 124. Compensation of officers, sections 179, 316. Congress, see House of Representatives. contested election of members of, see Contested elections. Congressional districts, creaton of, section 239. representatives for, elected when, section 182. represented how, section 182. Constables, duty to arrest persons selling liquor on election day, section 194. Contested elections, county and municipal officers in case of — appeal to supreme court, section 175. bond of contestant to incumbent, section 166. circuit court, jurisdiction of, section 162. commenced by petition, sections 162, 166. contents of petition in, section 167. costs of, who responsible for, section 172. grounds of contest in, section 163. judgment of court in, effect of, section 173. ,_ judgment of court in, enforced how, section 174. jurisdiction of circuit courts in, section 162. jury trial in, not to be had, section 169. 235 Contested elections, manner of proceed'ng in, section 169. meaning of "incumbent" in, section 16. , mode of enforcing judgment on appeal, section 177. notice of trial of, section 167. petition in, copy to be ser^-^ed, section 167. petition of contestant in, sections 162, 166, 167. power of court to compel witnesses in, section 170. precedence of appeal in, section 176, recognizance on appeal in, section 175. time of trial in, sections 167, 168. time within which appeal may be taken, section 175. what misconduct will set aside election in, section 165. twhat questions witness may be required to answer, section 171. when petition in must be filed, section 162. Governor, in case of — committee to try. fees and expenses of, paid how, section committee to try, mode of conducting proceedings by, sec- tion 151. committee to try, organization of, section 147. committee to try, powers of, section 149. committee to try, reports of, section 150. committee to try, selection of, sections X44, i4S, 146. H committee to try, vacancy in, filled how, section 147. ^B' committee to try, when to meet, section 145. ^B committee to try, when to sit, section 148, y meeting of both houses of legislature in case of, section 143. ■ notice of, sections 141, 143. K oath of members of committee to try, section 145. K petition in case of, section 142. ^3 Legislature and congress, in case of — attachment of witnesses for non-attendance, section 158. depositions in, notice of taking to be given, section 155. depositions in, transmitted to whom, section 157. depositions in, how taken, sections 154, 156. notice of intention to contest, section 153. witnesses in, how subpoenaed, section 154. witnesses in, penalty for non-attendance, section 158. Contributions by insurance companies prohibited, section 444. Convention of delegates, defined, sections 38, 242. name or title of, in case of d'vision of party, section 40. Convention, state, how composed, section 370. when and where held, section 370. who may call, section 370. to nominate presidential electors, section 430. Coroner, certain offices not to hold, section 184. elected when, section 6. term of, section 6. vacancy in office of, filled how, section 139. 236 Corrupt practices- Abduction, unlawful to use to effect voting, section 414. penalty for, section 414. Aqueduct, company not to contribute, section 400. advertising, when may be solicited, section 399. arrest, money not to be furnished to avoid, in consequence ©f crime against franchise, section 403. attorney, when it may be lawful by citizens to assist prosecutor of the pleas, section 416. Badge, only that furnished by county board to be given, section 456. Ballot, changing, penalty, section 407. election officer not to disclose name of voter, section 415. when election officer not to open, section 415. Bank, not to contribute, section 400. Benevolent order, contribution by member of, section 397. Betting, candidate may not, on election, section 411. voter may not, on election, section 411. Board and lodging, not to be furnished to procure votes, section 403. Bribery, funds not to be furnished for, section 403. Campaign fund, who may not contribute, section 400, received and expended by committee, section 379. contribution to be by public officeholder, section 397. contribution by member of benevolent association, sectiea 397. contribution by holder of appointive office, section 397. Candidate, when expenditure considered that of, section 390, amount of expenditures that may be incurred, section 389. not to furnish money for acts contrary to election laws, secti<>« 395. not to furnish money for commission of crime against electire franchise, section 395. not to furnish money for colonizing, section 395. not to furnish money for hindering voters, section 395. not to furnish money for making payments after time Hmk, section 395. disclaimer by, of payment, section 382. to file names of persons to receive, expend, audit and disbwree money, section 379. to appoint a treasurer, section 379. may contest result of election, section 418, penalty for failure to file statement, sections 384, 412. penalty for false statement, section 384. statement, where filed, section 383. time extended, section 429. when set aside, not to fill vacancy, section 422. effect of appointment to fill vacancy, section 422. 237 Candidate, penalty for procuring unlawful expenditure by campaign com- mittee, section 417, withdrawal of, money not to be paid to procure, section 403. not to bet on election, section 411. to file personal statement, section 381. Corrupt practices — Charitable, or religious organizations, solicitation by, for contribution, sec- tion 398. Club or organization, solicitation by, for contribution, section 399. Colonizing, money not to be furnished for, section 395. Committee appointed to receive and expend campagn funds, sections 379, 380. Contribution to campaign fund, who may not contribute, section 400. Contribution not to be made to restrain voting, section 403. not to be made by co-operative bank, section 400. not to be made by trust company, section 400. not to be made by trustee, section 400. not to be made by street railway company, section 400. not to be made by telephone company, section 400. not to be made by telegraph company, section 400. not to be made by gas company, section 400. not to be made by electric light company, section 400. not to be made by heat and power company, section 400^ not to be made by canal company, section 400. not to be made by corporation, section 400. Corporation, not to threaten or use force to effect voting, section 414. penalty for, section 414. action against for violation, section 421. Delegate, money not to be paid for endorsement by, section 403. not to receive money, etc., in consideration of endorsement, sec- tion 404. ETlection officer, neglect, penalty for, section 409. not to open ballot nor disclose name of voter, section 415. Election returns, changing or mutilating, penalty, section 407. contest for violation, defense, sections 473, 418, 419. Employer, not to threaten employe as to voting, section 468. pay envelopes, section 414. hand-bills, section 414. Employment, not to be given to restrain voting, section 403. Expenditure, when considered that of candidate, section 390. amount allowed candidate, section 389. for candidate, to be made only through committee, section 394, when allowed for transportation, section 391. for certain purposes prohibited, section 391. Elxpenses, campaign, how disbursed, section 379. committee to be appointed, section 379. when paid, section 385. how paid, section 385. how claims for presented, section 385. penalty for violation, section 385. 238 Corrupt practices — Force, unlawful to use to effect voting, section 414. penalty for force, section 414. Gift, not to be made to restrain voting, section 403. Hand-bill, what may not contain, section 414. Interference, unlawful to use to effect voting, section 414. penalty for, section 414. Judge of the court of common pleas, presentation of claims to, section 386. when allowance for expenditure for transportation may be made, sec- tions 391, 392. proof of necessity of transportation, section 392. Loan, not to be made to restrain voting, section 403. Money, not to be used to secure election, section 388. not to be received to affect vote, section 404. ] not to be received to refrain from voting, section 404. ! not to be received in consideration of endorsement by delegate, ^ section 404. not to be furnished by candidate for following purposes : for acts contrary to election laws, section 395. for commission of crime against elective franchise, section 395. for colonizing, section 395. for hindering voters, section 395. for withdrawing candidate, section 395. . for making payments after time limit, section 395. Name of contributor to be given, section 396. Pay envelopes, what not to be printed on, section 414. Penalty, for failure of candidate to file statement, section 384. for procuring unlawful payment by campaign committee, section 417. Polls, attendance at not to be paid for, section 401. Printed matter, to contain name of person causing publication, section 387. Prosecutor of the pleas, when to prosecute violations, section 416. penalty for failure to prosecute, section 416. • when citizen may employ attorney to assist prose- . cutor, section 416. '= powers of associate counsel, section 416. Public office, holder not to contribute to campaign fund, section 397. Registration, false, person registered not to permit, section 405, Repeating, penalty for, sections 408-409. Restraint, unlawful to use to affect voting, section 414. penalty for, section 414- Savings banks, not to contribute, section 400. Statement, by candidate, where filed, section 383. by candidate, time for filing, how extended, section 429. by other offices, where filed, section 383. penalty for failure to file statement, section 384. penalty for false statement, section 384. penalty for failing to file by candidate, section 412. penalty for failing to file by treasurer, section 413. Statement of campaign expenses, filed by treasurer of committee, section 380. filed by candidate, section 381. Threats, unlawful to affect voting, section 414. ■ penalty to affect voting, section 414- I 239 Corrupt practices — Transportation, when furnished, 391. by application to judge of common pleas, section 392. proof of necessity of, sections 391-392. Voter, not to bet on elections, section 411. Voting, fraudulently, penalty, section 407. Watchers, when may be employed, section 39 r. Witness, who competent, section 419. attendance may be compelled. 419. immunity to, section 419. Counting votes, see Canvass of votes. County board of elections, appointment of, section 13. appointment of boards of registry and election by, section 31. canvass of charter elections by, section 102. clerk of, his compensation, section 180. compensation of, section 180. constituted how, section 13. delivery of registry lists to city clerk by, sectioa 27. delivery of registry lists to county clerk, sec- tion 281. meetings to add names to and erase names from registers, sections 25, 336. members of, nominated how, section 13. new municipalities, duties in, section 237. oath of members of, section 16. oaths administered by members of, section 16. office provided for, section 13. organization of, section 14. revision of registers by, sections 25, 30, 336. term of members of, section 13. time of appointment of, section 13. to issue permits for agents or challengers, section to select from eligible list members of district board, section 310. to sit as a county board of canvassers, section 102. vacancy in, filled how, section 13. voter may appeal from county board to judge of common pleas, section 336. County canvassers, adjournment of, section 105. board of, constituted how, section 102. county board of elections to be, section 102. clerk of, in absence of county clerk, section 104. clerk of, oath of, section 104. clerk of, who shall be, sections 102, 104. constituted how, section 102. decision of majority, effect of, section 117. — determination of, concerning persons elected to senate, general assembly or county or city office, sections 1 1 1 to 113. 240 County canvassers, determination of, filed where, section iii. determination of, form for, section 112. dissent of member of, made how, section 117. form of certificate of determination by, section 112. majority of members of, constitute board of, section 105. meet when and where, section 103. police, power of, section 186. proceedings on adjournment of, sections 105, 107, proceedings to be public, section 117. statements by, filed with secretary of state and county and city clerks, sections no, 275. statements of result of election to be made by, sections 108, 109. when and where to meet, section 103. who to be, section 102. County clerk, ballots provided by, sections 49, 291. ballots, to deliver to township and municipal clerk, section 54. certified copies of determination of county canvassers, to fur- nish to persons elected, sect ons 114, 275. certified copies of determination of county canvassers, to fur- nish to secretary of state, sections 114, 275. clerk of county canvassers, sections 102, 103. compensation and fees of, how determined and paid, section 179. copy of registry list to be filed with, section 350. determination of county canvassers, to file, section in. distribution of election blanks, &c., by, section 61. elected when, section 6. election blanks, &c., furnished to board of registry and election by, sections 49, 51, 54, 61. expenses of, paid by whom, section 180, missing statements of election, to obtain, section 106. nomination to certify to secretary of state, section 42. notice of election of sheriff, coroners, county clerk, register and surrogate, to give, section 6. notice of election of electors, governors and senators, to give, section 5. notice of election to fill vacancy in the legislature or congress, to give, section 138. record of delivery of ballots to keep, section 54. statements of election, to produce before county canvassers sections 103, 106. statements of elections, during adjournment of county can- vassers, to keep, section 107. to furnish sample ballots, section 364. to attend sessions of court of common pleas, section 284. to certify to secretary of state return of national delegates' convention primary, section 330. to certify candidates for governor and congressman, section 343. to certify to secretary of state results of primary election for governor and congressman, section 344. 241 County clerk, vacancy in office of, filled when and how, section 323, when to send to municipal clerks list of names on primary ticket, section 323. when to deliver identification statements to district board, sec- tion 355. County collector, to sue persons failing to transmit statement of election to county clerk, section 97. County committee, when to take office, section 371. how elected, section 245. annual meeting of, when held, section 371. chairman of, duty to nominate members to district boards of elections, section 309. chairman of, how selected, section 371. filling vacancies, section 305. municipal clerk to issue certificate of election to each member of, section zi^- to appoint agents or challengers, section dT^. County office, contest in case of, see Contested elections. County registers, vacancy in office of, filled when and how, section 139. Crime, when it disqualifies a voter, section 71. Crimes, 188 to 213, 328, 431. (See also Penalties.) D. Declination of nomination, proceedings in case of, sections 44, 45. Delegate at large, how nominated, section 320. how grouped, section 322. how printed on primary ticket, section 321. number of names required on petition, section 320. Delegates to convention, who may vote for, section 327. registration by affidavit for, section 382, 327-328. Direct nomination at primaries, section 289. Disabled voters, assistance of, section 368. Disfranchisement, bribery cause for, section 438. Dissent of member of board of election, how made, section 90. county canvassers, how made, section 117. state canvassers, how made, section 129. District delegates, how nominated, section 321. form of petition, section 321. how grouped on primary ticket, section 322. District, see Election district. E. Election, annual, in every city, town, borough, etc., held when, section 2. Election blanks, books, etc., furnished by secretary of state, section 61. Election blanks, books, etc., furnished by municipal clerk for local municipal special elections, section 62. Election booths, expense of providing, how paid for, section 180. furnished how, sections 78, 369. lighted, to be, section 78. 242 Election booths, local elections, for, section 85. manner of constructing, sections 78, 79. * may be erected in street, section 8. number of, section 78, one person only to enter at one time, section 78. provided by township or municipal clerk, section 78. provided for local elections, section 85. railed inclosure to be about, section 78. supply of lead pencils kept in, section 78. Election districts, boundary lines of, to be filed, section 307. creation and readjustment of, section 306. defined, section 307. new municipalities in, sections 22)7, 306. number of voters in, section 306. Election in new municipalities, see N ew municipalities. Election law, printed copy of, furnished by secretary of state, section 61. Election officers, ineligible to what offices, section 84. Election, betting on, prohibited, section 187. board of, see Boards of election. contested, see Contested elections. effect of tie vote at, section 93, expense of, paid by whom, section 180. general, held when, section i. municipal, see Municipal elections. newly-created ward, sections 237, 237-B. not to be held where intoxicating liquors are sold, section 8. Elections, notice of, given l)y secretary of state, county, township and munici- pal clerks, sections 6, 7. open and closed, when, section 4. plurality of votes sufficient for, section 93. prima facie evidence of election to legislature, section 115. proclamation on opening, section 66. returns of, signed by board of election, section 89. result of, determined how. sections 94. iii. result of, to be publicly announced, section 89. rooms, see Polling-rooms. statement of result of. section 95. (See also Statement of result of election.) who may vote at, sections 3^, 68. who to conduct, section 64 : writ of, see Writ of election. Electioneering within one hundred feet of polling place, penalty for. section 207, Electoral college, see Presidential electors. Electors of president and vice-president, chosen when, section 3. . persons in(j;ligible as, section 183. qualifications of, section 3. vacancy in electoral college, how filled, section 132. Electors of president and vice-president, when and where to meet, section 131, nominated how, section 430, 243 Erasing names from register, sections 24, 25. Error in printing ballots, correction of, section 53. Expenses of general and primary elections, how defrayed, sections 315, 369. Factions in political parties, names for, how selected, section 40. Fees of county and municipal clerks, section 179. of members of boards of elections, sections 270, 316, of officers, section 180. on recount of votes for legislature, how fixed and paid, section 161. Flag, displayed at polling places, section 426. who to furnish, section 427. Federal employees may register by affidavit, section 428. G. General assembly, appointment of members of, amongst counties, section 237. election of members of, section i. prima facie evidence of election of members of, section 115. sessions of, held where, section 115. vacancy in, created how, section 134. vacancy in, filled how, section 133. General election, held when, section i. Governor, appointment of county boards of election by, section 13. contested election of, see Contested elections. notice of election of, section 5. summon state canvassers when, section 119. primary election of, when tie vote at, section 344. how nominated, section 342. form of- petition, section 343. when filed, section 343. number of voters to file petition, section 342. to be certified to county clefk, section 343. vacancies, procedure, how filed, section 343. H. Home or institution, effect of on size, of election district, section 306. House. of representatives, certificate of election of, section 130. county clerk to certify, section 343. election of members of, section 182. form of petition for nomination, section 343. members of, elected from twelve districts, section 239. congressman, how nominated, section 342. persons ineligible as members of, section 183. congressman,, primary election of. when tie vote at, section 344. vacancy in, filled how, sections 135, 343. 344 I. Identification statements, how made, section 349. how kept, section 349. when to be delivered to board of elections, section 355. when to be delivered to county clerk, section 355. Incompatible offices, section 184. "Incumbent," meaning of, section 164. Indictments, witnesses not excused from answering questions on trial of, sec- tion 213. Institution or home, effect of on size of election district, section 306. Instructions, &c., provided by secretary of state, section 61. Insurance companies, political contributions prohibited, section 444. Intoxicating liquor. (See Penalty.) Judge of circuit court, power to transfer voter to another district, section 411. Judge of court of common pleas, compensation of, section 285. power to review appointment to district board, sections 310, 311. power to fill vacancies, section 312. right to appoint to district board, section 314- power to transfer voter to another dis- trict, section 357- when may review action of county board of elections, section 336. petition to, in case of appointment to dis- trict board, section 314. procedure under the petition, section 314. power to cancel appointments to district board, section 314. Justices of the supreme court, compensation of, section 285. duty of county clerk, section 284. petition to, in case of appointment to district board, section 314. procedure under petition, section 314- power to cancel appointments to district board, section 314. power of, on recount of votes, sections 159 to 161. power of, to order corrections of errors in ballots, section 53- power of, to hold court of common pleas on day preceding election, section 279. power of, to revise and correct registry list. section 279. power of, to hold court of common pleas on election day, section 380. 245 Justices of the supreme court, power of, to act in a summary manner, &c., sec- tion 282. punishment for failure to comply with or3er of court, section 283. right to appoint to district court, section 314. when may apply for registry books, section 306. K. Keys of ballot-box, custody of, election, sections 67, 369. custody of, during election, sections 65, 369. deposited after election with county clerk, sections 67, 369. "Legal voters" defined, section 185. Legislature, certain offices not to be held by members of, section 184. contested election of members of, see Contested elections. evidence of right to seats in, section 115. vacancy in, created how, section 134. vacancy in, filled how, section 133. Local elections, sections 85, 234. (See also Charter elections.) M. Missing statements of election obtained how, sections 106, 124. Municipal clerk, ballot-boxes, to keep, section 99. ballots provided by, when, section 364. certify offices to be filled at general election, section 286. compensation of, how determined and paid, section 179. delivery of ballots to registry or poll clerks by, section 54. election blanks for local elections, to provide, section 62. expenses of, paid how, sections 180, 315. notice of time, place and purpose of elections, to give, sec- tion 7. notify board of election of location of polling-room, sec- tion 8. offices to be filled, section 286. municipal clerk, polling-rooms, to provide, section 8. to file description of election district, section 307. to furnish sample ballot, section 364. to supply sample ballots, section 334. what supplies to be furnished to district boards, section 325. when to be furnished, section 325. when names on primary ticket to be sent by county clerk, section 323. duty to print primary ballots, section 324. 246 Municipal elections, conducted by whom, section 64. offices to be filled, section 286. provisions concerning, section 85. time of holding, sections 2, 294. see. also Neiv municipalities. N. Names of different factions of parties, determined how, section 40. National convention, delegates to, how chosen, section 317. New municipalities, provisions concerning first election in, sections 237 to Newspapers, notice of registration and primary election, published in what. sections 7, 28, 275. Nominating body of political party, defined, sections 38, 242. may appoint committee to fill vacancies, section 45. name or title, how to determine in case of factions, section 40, Nomination of candidates, by petition, sections 41, 290. to fill vacancy in legislature, section 274. by political party, section 38. certificates or petitions of, filed when and where, section 42 ; amended how, section 235. certified how, sections 39, 41. made by whom, sections 38, 41. objections to certificates of, section 46. vacancies created by death, &c., may be filled by committee, sections 45, 355- when required to be made by petition or certifi- cate, sections 85, 234. Nominations, certified by secretary of state to county clerk, sections 43, 45. Nominee, name of, not printed on ballots if he decline, section 44. proceedings on declination of, sections 44, 45. Notice of elections, by whom given, sections 5 to 7. Notice of election and registry, published in what newspapers, section 7. Notice of application to erase name from register, section 25. o. Oaths, when challenged, sections 7Z, 74- at primary elections, section 337. of members of county and district election boards, section 16. who may administer, section 16. filed where, section 16. Objections to certificates of nomination, section 46. Office, vacancy in, resulting from tie vote, section 93. who deemed elected to, section 93- Official ballots, see Ballots. Officers' fees, section 180. Offices, incompatible, section 184. ' 247 Packages of ballots, sealed and delivered how and when, section 54. Pasters used on ballots, description of, sections 59, 85. Paupers not entitled to vote, section 450. Penalty, advancement or payment of money or other valuable thing for bri- bery, section 278. agreement to receive money or employment for voting or refraining from voting or registering, sections 205, 278. altering or destroying statement of determination of election, sec- tions 190, 278. ballot-box robbing, sections 190, 278. ballots, destroying, &c., sections 190, 195, 278. board of election signing false statement, section 278. bribery, sections 219, 431. bribing delegates, sections 218, 278. bribing persons to vote or refrain from voting or registering, sec- tions 202, 203, 431. compulsory testimony, section 436. conspiracy to induce voters to mark ballots, sections 200, 278. county canvassers, unlawful acts of chairman or clerk of, section 278. destroying registry list, sections 209, 278. disfranchisement of voter; when, sections 212, 278. electioneering within one hundred feet of polls, sections 207, 278. employment, &c., promise of, to voter, sections 203, 278, 323, 438. failure to transmit statement of election to county clerk, &c., sec- tions 97, 2TJ false registration of voters, sections 33, 34, 278. false swearing, sections 188, 278. falsely personating a registered voter, sections 34, 278. falsely making or altering certificate of nomination or ballot, sec tions 195, 278. falsely swearing to affidavit of registration, sections 35, 278. gift, loan or promise made to vote, section 438. giving ballots to other than county or municipal clerks, by printer, sections 199, 278. inducing person to vote or refrain from voting or registering, sec- tions 202, 278. intimidating workmen or employes, sections 206, 278, 434, 435. intoxicating liquor, duty or peace officers, sections 194, 278. intoxicating liquor, having it in polling place, sections 193, 278. intoxicating liquor, selling, sections 192, 278. marking ballot, sections 198, 200, 278. obstructing officer carrying ballot-box to city clerk, sections 10 1, 278. obstructing voter, sections 207, 278. primary meeting, illegal voting at, sections 215, 278. printing ballots in form other than that prescribed by county or municipal clerk, sections 199, 278. receiving illegal votes, sections 33, 75, 278. registry list, removing, sections 209, 278. removing ballots or pencils from booths, sections 196, 278. 248 Penalty, revealing how any person has voted, sections 201, 278. robbing ballot-box, sections 190, 278. showing ballot within polling-room, sections 198, 278. soliciting money, &c., from candidates, section 278. soliciting voter to show his ballot within one hundred feet of poll- ing place, sections 198, 278. / statement, of result of election, altering, section 190. ( violation of duty by any public officer, section 278. voting by persons convicted of crime, section 71. voting by other than official ballot, sections 198, 278. Permits to challengers or agents, section 63. Petition of nomination, contents of, sections 41, 290, 292, 293. filed, when and where, sections 42, 302, 343, 347, 425. number of signers required, sections 41, 290, 292, 295, 300, 320, 340, 342. open for public inspection, section 42, verified by oath, section 41. Police officers, appointment of, at elections, section 83. detailed at elections, section 83. duty to arrest persons selling liquor on election day, section 194. Police power of board of election, county and state canvassers, sections 83. Political contributions by insurance companies prohibited, section 444. Poll-book, deposited in ballot-box after election, sections 67, 99. deposited in ballot-box on adjournment before close of election, section 77. entry at foot of list of voters in, section 86. entry at heading of list of voters in, section 67. entry on adjournment before close of election, section 77. kept by whom and how, sections 67, 351. when to be compared with registry list, section 351. Polling-rooms, arrangement of, sections 78, 79. provided how and when, sections 8, 85, 325. who allowed within, section 78. Polls, public proclamation of opening to be made, section 66. time during which they shall be kept open, section 4. President, candidate for, how nominated, section 331. form of petition, section 331. number of petition, section 331. when petition filed, section 331. declination of candidate, section 331. how voted, section 331. Presidential and vice-presidential candidates may be included in certificate of nomination, section 47. Presidential electors, certificate of election of, section 130. elected when, section 3. nomination, how,^ section 430. notice of election of, section 5. persons eligible as, section 183. qualifications of, section 3. time and place of meeting of, section 131. vacancy in office, how filled, section 132. 249 Primary elections, appropriations on ballot, section 288. ballot-boxes for, section 241. ballot-boxes for, delivery to election officers, section 251. ballot-boxes at, number of, section 251. ballot-boxes at, how constructed, section 251. ballots for, how prepared, sections 241, 248, 290, 291. ballots for, number of, section 249. ballots for, delivery to election officers, section 250. how ballot voted, section 346. ballots for, errors in, how corrected, section 257. ' ballots, official, for, section 241. ballots, unofficial, used at, section 261. ballots, schedule of appropriation may be placed thereon, section 288. books open for inspection, section 252. candidates at, acceptance of nomination, section 244. candidate at, how nominated, sections 241, 290. candidate for single ward of township, how selected, sec- tion 256. canvassing ballots at, sections 241, 254, 330. challenges at, sections 241, 252. challengers at, who may be, sections 252, 264. city committee elected at, section 245. clerk of municipality to provide booths, voting places, &c., section 250. clerk to deliver ballots, ballot-boxes, &c., section 251. conducted at public expense, section 241. conducted by whom, sections 241, 252, 329. contested elections at convention how determined, section 255- conventions, time and place of holding, section 255. county clerk to give notice of preference of U. S. sena- tor, section 295. county committees, elected at, section 245. delegates to conventions for, sections 240, 241. delegates, who to be declared elected at, section 255. designation of ticket, how made, section 340. delegates, credentials of, section 255. errors in ballots for, how corrected, section 257. erasing names from, sections 24, 25. expression of vote for U. S. seriator, sections 294, 295, 341- first registry day, when held, section 333. where held, section 333. held for all parties at same time and place, section 241. held when, sections 241, 252, 326. how candidates may be grouped on ticket, section 340. how defective petition remedied, section 347. hours of election, section 337. lists, how made, section 338. manner of voting at, sections 241, 337. 250 Primary elections, nomination of candidates for, sections 240, 241, 301, 33J, 425. nomination, acceptance of, necessary to place name on ballot, section 301. notice of, given by poll clerks, section 252. notification of candidate by county clerk when petition de- fective, section 347. oath in case of challenge at, sections 241, 252. official oath of election officers, section 252. official ballots for, section 241. party registration of voters at, sections 241, 252, 268. penalty for illegal voting at, section 215. petition to place name on ticket, section 243. petition nominating candidates and delegates, form of, sec- tion 243. petition nominating candidates and delegates, acceptance of, section 244. places for holding, section 241. "political party" defined, section 242. polling booths for, section 241. preference for U. S. senator, sections 294, 298, 341. qualifications to vote at, section 337. receipts for ballots and ballot-boxes, section 251. registration of voters at, sections 241, 252, 337, registry lists for, sections 241, 333. result filed with county clerk, sections 291, 295, 340. returns canvassed by county clerk, sections 291, 295, 340. schedule of appropriation on, section 288. statement by state senator, section 341. statements of results of, sections 241, 254, 270. statements of candidates filed with county clerk, section 341. unofficial ballots at, section 261. -^ vacancy by death or declination, how filled, sections 256, 258, 259, 305. voter at, who may be, sections 214, 241. voter may vote for any persons not on party ticket, sec- tion 253. voter not to s'gn petitions for two parties, section 260. voter not to vote in box of but one party, sections 252, 260. when tie vote for governor at primary, section 344. when tie vote for congressman at primary, section 344. who may vote, section 332. Probable violation of act, hov/ investigated, section 211. Proclamation on opening election to be made, section 66. Propositions or questions submitted to 'vote of people, canvassed how, sec- tions 185, 417. Propositions or questions submitted printed on official ballots, section 363. 251 R. Railed inclosure, ballot-boxes to be within, section 78. constructed about election booths, section 78. single enti-y and exit provided for, section 78. who allowed within, sections 63, 78. Recount of votes, sections 159 to 161. Register of voters, addition to, on affidavit, section 24. copies of, posted in each district, sections 24, 26. copy of, filed with city, township or municipal clerk, sec- tion 24. copy of, filed with county board, sections 24, zd. delivery of, to city clerk for charter election, section 2t. disposition of checked register after election, section 67. erasing names from, sections 24, 25. filed after election, with county clerk, section dT. for charter elections in cities having over 5,000 inhabit- ants, section 26. for local elections, correction of, by county board of elec- tions, section 30. for local elections, correction of, by election board, sec- tion 29. in cities having over 5,000 inhabitants, sections 2(i to 28. kept by whom and how on election day, section 67. manner of making, section 24. no person to vote whose name is not on, section 33- notice of, published in what newspaper, section 7. preserved for five years, section 298. revision and correction of, by county board of election, section 25. right of persons to be freely heard concerning, section z^. to be sold as waste paper, section 299. Register of deeds, elected when, section 6. vacancy in office of, how filled, section 159. Registry book, when kept, section 349. form of, section 349. signature by voter, section 349. questions to be answered by voter, section 349. when voter is unable to write, section 349. certified by board of elections, section 349. list to be printed, section 349. questions to be printed, section 349. identification statements, section 349. preservation of, section 298. Registry day, first, when held, sections 533, 335. where held, section 333. second, when held, section 337. third, when, section 348. Registry list, form of, section 350. investigation of, by chief of police, section 350. to be furnished chief of police, section 350. 252 Registry list, to be furnished county clerk, section 350. to be publicly exposed, section 350. shall be two, section 332. what shall contain, section 332. when to be furnished any voter, section 350. where kept, sections 350, 351. Registration, for national delegate conventions, how made, sections 327, 328. voting at primary shall register, section 337. \ when required, section 348. affidavit, section 348. third registry day, when, section 348. Registry, notice of, published in what newspapers, section 7. Registry and election, boards of, see Boards of election. Removal of voter, certificate in case of, sections 356, 357, 411, Residence, length of, in election district of applicant for district board, sec- tion 313. Result of election, see Statement of result of election. Rooms, polling, see Polling-rooms. Secretary of state, certificate of election of representatives and presidential electors, duty concerning, section 130. certified copies of determination of state canvassers, to give to persons elected, section 127. copies of special election acts, to print, section 446, 447. election blanks, to furnish, section 61. may be summoned to produce papers before state can- vassers, section 125. messenger for missing statements of election, to commis- sion and send, sections 118, 124. missing statements of elections, to obtain, section 118. nominations, to certify, to county clerks, sections 43, 45, 295. notice of election of electors, congressmen, governor and senator, to give, section 5. papers to produce before state canvassers, sections 118, 123. statements of result of election, to file, section 128. when to canvass result of primary election, section 344. when to deliver identification statements, section 355. Senate, prima facie evidence of election of member of, what is, section 115. sessions of, held where, section 115. vacancy in, created how, section 134, vacancy in, filled how, section 133. Senator, notice of election of, section 5. state, statement by, relative to U. S. senator, section 341. Sheriff, certain offices not to hold, section 184. duty of, to arrest persons selling liquor on election day, section 6. term of, section 6. vacancy in office of, how filled, section 139. when elected, section 6. ^53 Soldiers and sailors, affidavit of, section 222. affidavit of person authorized to cast ballot, section 228. affidavit and envelope of, filed when, section 226. ballot of, inclosed in envelope, section 223. ballot of, transmitted to elector authorized to cast it, sec- tion 223. ballot of, when not deposited in ballot-box, section 225. blanks for, prepared and forwarded by secretary of state, section 232. delivery of envelope and contents to election board, sec- tion 225. 3uty of election board, section 225. inner envelope inclosing ballot of, printing on, section 223. instrument of authority to cast vote, form of, section 224. instrument of authority to cast vote, inclosed in inner envelope, section 223. instrument of authority to cast vote, how verified, sec- tion 221. outer envelope, how marked, section 223, outer envelope, opened by whom, section 225. penalty for intimidating, section 231. penalty for presenting false t»allot to board of election, section 230. penalty for violation of duty by board of election, sec- tion 229. postmaster to take receipts for envelopes delivered, sec- tion 227. right of, to vote, section 220. vote of, may be cast by authorized elector, section 221. Special elections, blanks and books furnished by whom, section 62. when and how held and conducted, sections 140, 274, 275. payment of expenses of, sections 303. 304- State canvassers, appointment of, section 119. basis of determination by, section 126. chairman of, who to be, section 119- chairman may summon secretary of state with papers, sec- tion 125. clerk of, who to be, section 119. clerk of, in case of absence of secretary of state, section 121. composed how, sections 119. 122. copies of determination of, delivered to persons elected, sec- tion 127. determination of persons elected by, sections 133, 126. dissent of members of, how made, section 129. may summon secretary of state to produce papers, section 125. meet when, section 119. oath of clerk of, section 121. oath of members of, section 120. 254 State canvassers, police power of, section i86. proceedings of, to be public, section 129. statement of result of election, to make, sections 123, 126. statement of determination, to make, sections 123, 126. statements made by, filed with secretary of state, section 123. statements laid before, when, section 123. statements produced before, to be filed with secretary of state, section 128. vacancies in board of, filled how, section 122. State committee, how chosen, section 370. Statement of result of election, by board of election, form of, section 95. by board of election, copy of transmitted to township or city clerk, section 96, by county canvassers, sections 108, 109. by county canvassers, filed with county and city clerk and secretary of state, section no. by county canvassers, form of, section 109. by state canvassers, section 123. county clerk to send for missing statements, section io6. custody of, during adjournment of county canvassers, section 107. delivery of, ordered by justice of supreme court, section 98. obtained how, vvhen not properly forwarded to county clerk or secretary of state, sec- tion 106. penalty for altering or destroying, section 190. penalty for failure to transmit, section 97. produced before county canvassers filed with county clerk, section 116. secretary of state to send for, when, section 124. transmitted to county clerk, section 96. transmitted to secretary^ of state by board of election, section 96. transmitted to secretary of state by county canvassers, section, no. transmitted to township or municipal clerk, section 96. Street, erection of polling-room in, section 8. Suffrage, right of, section 450. Supplies, when to be furnished by municipal clerk, section 325. Surrogates, elected when, section 6. vacancy in office of, how fillr ], section 139. T. Tally papers deposited in ballot-box, section 99- Tie vote, effect of, section 93. Towns, manner of conducting elections, sections 64, 85. 234. ^^55 Township clerk, ballot-boxes, to keep, section 99. delivery of ballots and envelopes to election clerks by, sec- tion 54. election blanks for local elections, to provide, section 62. envelopes furnished by, when, section 85. expenses of, how paid, section 180. fees of, section 179. Township clerk, notice of time, place and purposes of all elections, to give, section 7. notify board of election of location of polling-room, sec- tion 8. polling-rooms, to provide, section 8. Township elections, ballots for, provided how, section 85. distinguishing marks on ballot or envelope prohibited, section 85. election booths, provided for, section 85. envelopes for, provided how, section 85. held and conducted by whom, section 64. held where, section 85. manner of conducting election, section 85. nomination of candidates by petition or certificates not required, sections 85, 234. notice of meeting for revision of registers for, section 29. registration of voters for, section 29. revision and correction of register for, section 29. resulut of, how ascertained, section 94. suitable room provided for by township clerk, section 85. unofficial ballots used at, section 85. what provisions not applicable to, sections 85, 234. Township office, contest in case of, see Contested elections. Transfer, certificate of, to vote at primary, section 337. when voters may transfer to another district, sections 356. 357. u. U. S. senator, preference for, sections 294, 297. 341. vacancy, how filled, section 445. Vacancy in board of registry and election, j51Ied how, sections 17, 312. electoral college, filled how, section 132. house of representatives, filled how, section 135. candidate for governor and congressman, how filled, section 343. legislature or congress, copies of writs of election to fill, deliv- ered to county clerks, section 137. legislature or congress, notice of election to fill, section 138. nominations filled how, sections 45, 305. office, caused by a tie vote, section 93. 256 Vacancy in office of sheriff, coroner, county clerk, register or surrogate, filled how, section 139. on primary ticket, how filled, 424, 425. senate or general assembly, created how, section 134. senate or general assembly, filled how, section 133. state board of canvassers, filled how, section 122. U. S. Senator, how filled, section 445. Villages, charter elections in, section Voters, bl'ndness or physical disability, provision in case of, section 368. certificate of transfer of, sections 356, 357. disqualified by certain crimes, section 71. freedom of, from arrest on civil process on election day, section 70. legal, defined, section 185. Voters may vote for any person not on party ticket by writing name on, section 244. must receive ballot from board of election and enter booth before voting, sectionfj 80, 366. must sign name at time of registration, section 349. must state his residence, section 67. must vote where, section 69. name of, checked off on register, section dT. name of, to be publicly announced on tendering vote, section 68. persons unable to read and write to be assisted in preparation of ballot, section 368. procedure if unable to read and write, section 352. right of, to be freely heard concerning registry, section 32. right to vote though name has been checked on register, section 82, who may exercise the right of, sections zZi 68, 450. who may vote after hour for closing, section 78. Voting, method of, section 366. W. Witnesses compelled to testify in bribery cases, though answers may crimi- nate them, section 213. Writ of election to fill vacancy, sections 274, 275. duty of secretary of state as to, section 137- filed where, section 137. in house of representatives, section 135. in legislature, section 133, nature and contents of, section 136. notice of, published how, section 138. INSTRUCTIONS TO OFFICERS AND VOTERS 257 Instructions Relative to the Duties of Officers and Voters (Text of Law to be Consulted in all Cases.) 1. DATES OF GENERAL AND PRIMARY ELECTIONS. The general election is held annually on Tuesday next after the first Mon- day in November. Sections i. General Primary Election on fourth Tuesday in September. Section 337- II. THE GOVERNOR. The Gocernor shall commission two members of each county board of elec- tion, annually, upon the nomination, if made within the month of June, of the chairmen of the State committee of the two political parties. If the chairmen fail to nominate, the Governor shall commission men of his own selection. The appointment is made in the month of July of each year. Section 13. In case of the death or disability of any member of a county board of regis- tration, the Governor shall cause notice of such death or disability to be given to the chairman of the proper political party. Section 13. The Governor shall be chairman of the State board of canvassers. Section iiq. (See State Canvassers.) In case of contest of election of Governor, the matter is tried and determined before a committee of the Senate and General Assembly. Sections 141 to 152. The Governor shall be a member of State convention in each year when no Governor is to be elected. Section 370. Party's candidate for Governor shall be member of State convention. Sec- tion 370. III. THE SECRETARY OF STATE. The Secretary of State, at least fifteen days before the election, shall make and certify to the county clerks of the several counties a statement of all the candidates nominated in any certificate or petition filed with him ; and also of the names of the candidates for President and Vice-President of the United States, if any such have been included, &c. Section 43. (See Form No. 4.) He shall also certify to the county clerks the names of candidates nominated to fill 258 ^59 vacancies. Section 45. Thirty days before primary election voters may file peti- tion with Secretary of State for the purpose of nominating candidate for Gover- nor ; at least one thousand petitioners necessary. Section S4-- Thirty days be- fore primary election not less than two hundred voters may petition Secretary of State to nominate member of Congress in any district not confined to a single county. Sections 342 and 343. Secretary of State shall canvass result of primary election to choose candidates for Governor and for members of Congress not wholly within a single county, and shall certify such names to the clerk of each county interested. Section 344. The Secretary of State shall cause to be printed, and at least ten days before any primary, special or general election at which any question or proposition is to be submitted, shall deliver to each county clerk the necessary number of copies of the printed matter designated by the Attorney-General. Sections 420 and 421. IV. COUNTY CLERK. The county clerk shall file in his office the official oaths or affirmations of the county board of elections and of the boards of registry and elections. Section id- He shall pass upon the validity of objections to certificates of nominations ■filed with him, unless an order shall be made in the matter by a court. Section 46. He shall select name or title in case of party division, or when two or more conventions of the same party claim to be regular. Section 40. When a candi- date declines a nomination, the clerk shall notify the chairman and secretary who signed the certificate, or five of the persons who signed the petition of nomi- nation. Section 44. He shall, within five days before election, certify to the Secretary of State all candidates for State Senate and General Assembly. Sec- tion 42. (See Form No. 5.) He shall deliver canvassing, poll, registry and instruction-books, blanks for oaths and returns, &c., to the boards of registry and election. Section 61. He shall have ballots in his possession at least five days before the election. Section 53. He shall not print on the ballots the name of any candidate who fails to accept his nomination (Section 42) nor the name of any candidate who declines his nomination. Section 44. He shall allow the ballots to be inspected and exam- ined by candidates and their agents, and when mistakes are discovered shall cause new ballots to be printed without delay and shall destroy inaccurate or incom- plete ballots. Section 53. The county clerk, within fifteen days after receiving from the Secretary of State notice of the election of a State Senator, Governor, electors of President and Vice-President, or members of the House of Representatives, shall cause a certified copy of the notice to be delivered to the clerk of each township and municipality in the county. Section 5. He shall also, between August ist and September ist in each year, when a sheriff, coroner, county clerk, register of deeds or surrogate is to be elected, cause to be delivered to each township and municipal clerk in his county a notice of the election of such officer. Section 6. (See Form No. 2.) 26o He shall be clerk of the county board of canvassers. Section 102. Shall lay before such board all statements of election received by him and obtain missing statements by special messenger or otherwise. Sections 103, io6- Special mes- sengers, when employed, shall be commissioned, in writing, and shall exhibit their commissions to the persons to whom they shall apply for such statements. Section 124. (See Form No. 25.) All statements produced and laid before the county board of canvassers shall be filed by him. Section 116. He shall also file the determination of such board {Section in), and shall deliver a copy of such determination, certified under his hand and the county seal, to each person de- clared to be elected as State Senator, Assemblyman, sheriff, coroner or other county officer. Section 114. He shall also send a similar certified copy to the Secretary of State within five days after the meeting of the board. Section 114, He shall also file the certificate of any Justice of the Supreme Court made on a recount of votes, and send a certified copy thereof to the Secretary of State with- in five days, and deliver a like certified copy to the person declared elected. Section 160. Vacancies in the office of the county clerk are filled at the general election next succeeding the happening thereof. Section 139. The county clerk shall audit and approve itemized bills for costs, charges and expenses. Section 180. Twenty-five days before primary election, not less than two hundred voters, in any Congressional district lying wholly within a single county, may file with the county clerk a petition to nominate candidate for Congress lor primary elec- tion. Section 343. County clerks shall canvass returns of primary election for members of Congress in districts lying wholly within a single county. Section 344. County clerks shall transmit to Secretary of State the results of primary election for Governor and for members of Congress lying in districts wholly within a single county. Section 344. County clerks shall print the names cer- tified to him by the Secretary of State as having been nominated for Governor and for member of Congress, on the official ballot. Section 344. County clerks shall, in all municipalities of more than five thousand population, forthwith cause copies of registry lists to be printed and supply not less than five copies of such lists to each election district and to the chief of police thereof, and shall also furnish copies of such list to anyone applying for them, charging therefor. Sec- tion 350. County clerks shall, ten days before election, furnish municipal clerks with a sufficient number of sample ballots and stamped envelopes. Section 364. V. TOWNSHIP, CITY AND MUNICIPAL CLERKS. The clerk of every township, city or other municipality is required to put ad- vertisements at least eight days prior to, and within thirty days next preceding, the election, in at least five of the most public places within the township or municipality, which advertisements shall make known the time, place and pur- pose of holding the election, and the office or offices to be filled thereat, and shall be signed by such clerk, (See Form No. 3.) He shall also cause notice to be published, in not more than two of the newspapers in the county at least two weeks preceding the primary election, a notice setting forth that the board of registry and election, in and for each election district in such municipality, will meet for the purpose of making a registration of voters ; and that the primary 26l election of delegates to conventions of political parties, or for making nomina- tions, will be held on the date, and between the hours and at the places pro- vided in this act, also making known the time, place and purpose of holding the general election. Section 7. The township or municipal clerk shall file all statements of election delivered to him by any board of election. Sections 94, 96. He shall also have the custody of the ballot-boxes after election, but not of the keys thereto. Sections 67, 99. In cities, each city clerk shall keep a record of the exact time of the delivery to him of each ballot-box, and of the election officers and persons making the de- livery. Section 99. He shall, in cities having over 5,000 inhabitants, also publish notice of meetings of district boards to prepare registers for charter elections. Section 28. In township or municipal elections, the township or municipal clerk is required to discharge the same duties as are devolved in other elections upon the county clerk in the matters of selecting names for parties in cases of division, or two or more conventions {Section 40) ; when a candidate declines a nomination (Sec- tion 44) ; and in passing upon objections to certificates of nomination. Section 46. For such elections he shall also furnish at his office the necessary canvass- ing-books, poll-books, registry-books and blanks. Section 62. If the official ballots are not delivered at the time specified, or should be de- stroyed or stolen, and other official ballots cannot be obtained in time, he shall cause other ballots to be prepared, &c. Section 55. He shall also provide, before the date of the first meeting of the board of regis- try and election, a suitable room in each election district in which to make and revise the register of voters and to hold the electjon, and give notice of the location thereof to the board of election (Section 8 ; see Form No. 6) ; shall have the booths or compartments, &c., constructed therein, as described, and shall pro- vide the same with lights so that they may be kept at all hours well and suffi- ciently lighted. Sections 78, 79. He may, if in his judgment it is best so to do, cause booths to be erected in the street; but elections , shall not be held in any bar-room. Section 8. He shall, on the day preceding the election and on Saturday preceding when tthe election is on Monday, deliver each sealed package of ballots received by him from the county clerk, to one of the clerks of each election district in his township or municipality for which the same has been prepared, and shall take a receipt therefor. Section 54. He shall also audit and approve itemized bills for costs, charges and expenses. Sections 180, 315. Said clerks shall preserve poll-books and primary books, and shall deliver the same to district board of registry and election for use on registry day of the fol- lowing year. Section 333. Said clerks shall deliver suitable registry books for primary day. Section 333. They shall furnish sample ballots and stamped en- velopes one week before prim.ary day. Section 334. Municipal clerks may be requested by any candidate regularly nominated for primary election, to print not more than six words on the primary ticket indicating any official policy he may be pledged to. Section 340. They shall deliver to district board of registry and election, sample ballots and stamped envelopes on or before Tuesday preceding general election day. Section 364' He shall furnish for each election district an American Flag to be displayed during the hours when the boards of registry and election are in session. Sec- tion 427. 262 VI. GOVERNING BOARDS OF MUNICIPALITIES. Governing boards of municipalities shall adjust boundary lines of election districts and file descriptions. Sections 306, 307. Board having charge of the finances of municipalities shall provide for the expenses of carrying out the provisions of Chapter 183, Laws of 191 1 (Geran act.) Section 315- VII. CHAIRMAN OF STATE COMMITTEE. The chairman of the State committee of each of the two largest political par- ties may nominate two citizens in each county as members of the county board of election. Section 13. VIII. CHAIRMAN OF COUNTY POLITICAL COMMITTEES. The chairman of each county committee of political parties entitled to nomi- nate candidates at direct primaries, shall certify list of names, from which are appointed members of the district board of registry and election, to the Civil Service Commission on or before the first day of May. Section 309. IX. COUNTY COMMITTEE. Members of county committee of each political party are to be elected at the primary election (Section 245) and shall take office on the first Tuesday follow- ing their election. Section 371. X. STATE COMMITTEE. At the September primaries of the year, wherein a Governor is to be elected, a member of the State committee of each political "party shall be elected in each county. The term of office of said members shall be three years. Section 370. XI. CIVIL SERVICE COMMISSION. It shall have charge of the examination of candidates for members of the dis- trict board of registry and election. Sections 309 to 314 inclusive. 263 XII. JUDGES OF COURT OF COMMON PLEAS. Judge of the Court of Common Pleas shall receive from the Civil Servic* Commission certificate of names of persons eligible for appointment on district board of registry and election before twentieth day of August. Section 310. Such judge or judges shall preside at the drawing for members of the dis- trict board and direct the proceedings. Section 311. Such judge or judges shall fill all vacancies arising in district board of regis- try and election. Section 312, Such judge or judges, or any judge hearing a case in the Circuit Court, shall hear complaints regarding the fitness or eligibility of persons chosen to serve on county boards and summarily determine such questions. Section 314. Judge of Court of Common Pleas to review action of county board in revising primary list. Section 336. Judge of Court of Common Pleas or Justice of Supreme Court may issue cer- tificates directing the transfer of a voter from the registry list in one district to that of another. Section 357. He shall have power to hold Court of Common Pleas on the day preceding election to revise and correct the registry lists. Section 2y<). And on election day to inquire in a summary way whether voter whose vote has been refused or rejected by any district board of election is entitled to vote in such election dis- trict. Section 280. XIII. NOMINATIONS OF CANDIDATES. Di£Ferent Methods of Nomination — Candidates of all political parties which, at the last election, cast five per cent, or more of the total number of votes, shall be nominated at primaries conducted at public expense. (See Primary Elections) Parties casting more than two per cent, and less than five per cent, may nominate by party convention. Section 38. Those parties casting less than two per cent, may nominate by petition. Sec- tion 41. By Petition of Legal Voters — Candidates for State offices, and for offices in a political division less than the State, may also be nominated and have their names printed upon the official ballot upon petition signed by legally-qualified voters equal in number to at least two per centum of the entire vote cast for members of the General Assembly at the last preceding general election in the State, county, district or other political division ; provided, that no more than eight hundred names shall be required for each candidate named for a State office, and not more than one hundred names for any candidate for any office in a political division less than the State, and that in the case of a newly-established election district, county, city or other political division, fifty signatures shall be sufficient to a petition nominating can- didates for the first election. Section 41. (See Form I^o. 10.) 264 Vacancies — How Filled- To fill vacancies, when a candidate declines or dies before election, or the cer- tificate of nomination is insufficient or inoperative, the nomination shall be made in the manner required for original nominations. Section 45. (See Forms Nos. p and II. Committees, when so empowered by conventions, may fill such vacancies. Sec- tion 45. When Certificate of Nomination Shall Be Filed — All nominations, whether by convention or by petition, shall be certified in form prescribed (Sections 39, 41; see Forms Nos. 8, 9, 10 and 11), and shall be filed as follows : For State officers and members of Congress, in d'stricts embrac- ing more than one county, with the Secretary of State twenty-five days before election ; all certificates and petitions naming candidates to be voted for by all the voters of a single county or more than a single political division thereof, o'r where candidates for city offices are to be voted for upon the county ticket, shall be filed with the clerks of the respective counties wherein the officers nomi- nated are to be voted for at least thirty days prior to such election ; all other certificates and petitions shall be filed with the clerks of the respective munici- palities wherein the candidates nominated are to be chosen at least twenty-five days before the election whereat they are to be voted for. Section 42. Amendment of Certificates and Petitions — Certificates and petitions of nomination may be amended, in form or substance, at any time after having been filed, not later than five days before the election. Section 235. Acceptance of Nomination — Candidates must accept their nominations in writing and file the acceptances with the certificates of nomination. Section 42. (See Forms Nos. 8, p and 10.) When Nomination by Petition or Certificate is Not Required — Generally, candidates must be nominated by petition or certificate. They must be so nominated in all general elections, and in all charter, local or special elec- tions, held in the cities and towns of this State, and in all other municipalities having by the last State or federal census a population exceeding 8,000 inhabit- ants. Such nomination, however, is not required for annual township elections, nor for the charter, local or special elections held in those municipalities (exclu- sive of cities and towns) which have a population of 8,000 inhabitants or less. Compare Sections 85 and 234. Certificates Open to Public Inspection — All certificates and petitions, when filed, shall be open to public inspection, and shall be preserved one year. Section 42. 26s XIV. OFHCIAL BALLOTS. When Required and When Not Required to be Used — Official ballots are required to be used at all general elections. (See Sections 41, 365-) Printed and Distributed at Public Expense — All ballots to be cast at any general election, and any local, charter or special election in any city in this State, shall be printed and distributed at public ex- pense. Sections 48, 234. Sample ballots mailed each voter before election. Sec- tion 364- Blanket ballots to be used. Section 358. How Ballots Shall Be Printed — All ballots shall be printed with black ink on plain white paper of such thick- ness that the printing thereon cannot be distinguished from the back. They shall be of uniform size, quality of type and without any mark, word, device or figure thereon. Section 49, For arrangement of ballot, size of type, etc., see Sections 359, 360. Each ballot shall have at the top thereof a perforated coupon to be prepared as pro- vided in Section 362, and also as provided in this section, each ballot shall have at the top thereof, the words "Official Ballot," etc., together with the facsimile signature of the county clerk. Where questions are to be voted on, they shall be printed as provided in Section 363, Sample Ballots — County clerks shall, ten days before election, or such day as may be fixed by law for holding a special election throughout the county, furnish to each munici- pal clerk, a sufficient number of official sample ballots, together with a sufficient number of one-cent stamped envelopes to enable each of the boards of registry and election to mail one copy of the official sample ballot to each registered voter in his district, and the municipal clerk shall deliver said ballots at his office on or before Tuesday preceding the general or special election, to the clerk of the board of registry and election, and the said board shall prepare and deposit in the post-office, before 12 o'clock, noon, on the Wednesday preceding election day, an envelope containing one said sample ballot addressed to each registered voter in the district. The said sample ballots shall be, as nearly as possible, a facsimile of the official ballot, but shall be printed on paper of different color with the words : "This ballot cannot be voted ; it is a sample copy of the official ballot used on Election Day," printed in large type at the top. See Section 364- How and When Ballots Shall Be Delivered — The ballots shall be printed and in possession of the county clerk at least five days before the election (Section 53), and shall be delivered to the clerk of each township, city or other municipality three days prior to the election, in sealed packages, clearly addressed on the outside, stating the election district for which each package is intended and the number of ballots and envelopes enclosed. The township or municipal clerk (as the case may be) shall, on the day before the 266 election (on Saturday before when election takes place on Monday), deliver to one of the election clerks in each district the package of ballots addressed to his district and the election clerk is required to deliver the package, with the seals unbroken, to the election board on the morning of the election before the polls are opened. In all cases when packages of ballots are delivered the clerks are required to give and take receipts therefor, and to file or preserve the receipts. Section 54. (See Form No. 20.) Shall Be Subject to Inspection, and Shall Be Reprinted if Mistakes are Discovered — The ballots, while in possession of the county or municipal clerk, are subject to inspection and examination by the candidates and their agents ; if any mistake is discovered, the clerk is required immediately to destroy the incorrect or in- complete ballots and cause new ballots to be printed in their stead. Summary proceedings may be taken before a Justice of the Supreme Court to require the clerk to comply with the law in this regard. Section 53. If Not Delivered in Time, or Lost or Stolen, Township or Other Clerks Shall Provide — If the official ballots shall not be delivered at the time specified or should be destroyed or stolen, or the official supply shall be exhausted and other official ballots cannot be obtained in time for the election, the township or other muni- cipal clerk, or the election board (as the case may require), shall cause other bal- lots to be prepared in the form prescribed, omitting the endorsement at the top, and the board of election shall use the same at the election. A statement of the facts shall be made, under oath, by the person preparing the new ballots. When the official ballots, or either of them, for the reasons named, are dispensed with, the mode and manner of voting shall, in all respects, conform to the requirements of the law. Section 55. XV. COUNTY BOARDS OF ELECTIONS. Appointment — The county board of elections shall consist of four persons, to be commissioned by the Governor, upon nomination of the chairmen of the two largest political parties, provided the nominations are made in the month of June, otherwise the Governor may appoint men of his own selection. Vacancies caused by death or disability shall be filled for the unexpired term. Section 13. Term — The terms of office of members of the county board of elections are two years, the terms of two members expiring on August ist in each year. Section 13. 267 Oath- Each member, before entering upon the performance of his duties, is required to take and subscribe an official oath, after which he can administer, at any meet- ing of the board, any oath or affirmation required or permitted by the Election law. Section id. (See Form No. i6.) Office— The board of chosen freeholders shall provide the county board of elections with a suitable office and furniture, in the county court house, or in a building at the county seat as near as possible to the court house. Section 13. Organization — On the first Tuesday in August, or on such other day as the board may agree on within the first ten days in August, the county board shall meet at the county court house, or other place provided for them, and organize by selecting a chair- man and secretary, who shall not be of the same political party. Failing, after three ballots, to elect, the oldest member in years shall be chairman and the next oldest, not of the same party, shall be secretary. Section 14. Appointment of District Boards — County boards of election shall choose district boards by lot. Section 311. Revision of Primary Lists — County board of election shall meet on Friday succeeding first registry day to revise primary list. Section 336- XVI. DISTRICT BOARD OF REGISTRY AND ELECTION. Members Not Eligible to Other Offices — No election officer shall be elected to any office to be filled at the election in which he shall serve. Section 84. How Appointed — The district boards of registry and election shall consist of four persons, to be chosen in the following manner: The county board of elections or some person appointed by the judge of the court of common pleas for this purpose, shall choose by lot on or before August twenty-fifth, from a list of eligible candidates submitted by the Civil Service Commission, four persons, two being from each of the politi- cal parties casting the highest and next highest number of votes for members of the General Assembly at the last election. The eligible list shall be prepared as provided for in the 309th, 310th atid 311th sections of the act, which should be carefully read. The chairmen of each of the county committees of said political 268- parties shall, on or before the first day of May, nominate in writing to the .Civil Service Commission^ a list of names. Five or more legal voters may also nomi- nate candidates. Section 309. The Civil Service Commission shall examine the persons so nominated regarding their qualifications on or before the fifteenth day of August in each year, and the said commission shall certify on or before the twentieth day of August, the names of the applicants whose examinations have been found satisfactory. Section 310. Term and Oath — The term of office shall be for two years from September first. Section 3^3- And an oath shall be taken before a duly authorized officer and filed in the county clerk's office. Section 16. Vacancies — Vacancies in the district board of registry shall be filed by the judge of the court of common pleas, as provided for in Section 312. Vacancy on election day, Section 17. Organization — At its first meeting the district board shall organize by electing one member to be judge and one member to be inspector ; the judge shall be the chairman of the board ; the remaining two members of the board shall be its clerks. If the board fail to elect a judge after voting three times, the oldest member in years shall be judge, and if the board fail to elect an inspector after voting three times, the next oldest member of the board in years shall become inspector ; provided, that both chairman and inspector shall not be nominees of the same chairman. Section 19. Power to Administer Oaths — After having duly qualified according to law, each member of the board is authorized, at any meeting thereof, to administer any oath or affirmation required or permitted to be taken by the Election law. Section 16. First Meeting to Register Voters for the Primary and for the Genera) Election in Districts Within Municipalities Above Five Thousand Inhabitants — The first registry day shall be on the second Tuesday in September, from one o'clock in the afternoon until nine o'clock in the evening. At this meeting a primary registry list, together with a separate registry list for the general election, shall be prepared, as provided for in Section 333. Second Meeting to Register Voters for the General Election in Districts Within Municipalities Above Five Thousand Inhabitants — The second registry day shall be held on the fourth Tuesday in September, be- tween the hours of seven o'clock A. M. and nine o'clock P. M., at which time shall also be conducted the primary election. (See Primary Election.) Section 269 337' Voters may register for the general election on this day, but not to vote at the primaries. Section 337. Third Meeting to Register Voters for the General Election in District* Within Municipalities Above Five Thousand Inhabitants — The third registry day shall be held on the Tuesday two weeks next preceding the general election between the hours of one and nine P. M. Section 348. Rrst Meeting to Register Voters for General Election in Districts in! Municipalities Having 5,000 Inhabitants or Less^ — The board of registry and election shall meet annually on the second Tuesday of September, at the place designated by the township or municipal clerk (see Section 335), at 10 o'clock in the forenoon, and, having organized, shall proceed at once to ascertain by actual inquiry at every dwelling or habitation, or of the head of every family, the names and residences and street numbers of all legal voters within their district ; they shall continue the enumeration from day to day, and shall complete the same on or before the following Friday. To facili- tate the work the board may divide their district into subdivisions, and any two members, to be designated by the chairman, may, in company, make the enumera- tion in such subdivisions ; but no name shall be entered upon the canvassing-book without the concurrence of bath members. When the canvass is made by the whole board, a majority must concur to enter a name on the canvassing-book. Section 23. Second Meeting to Register Voters for General Election in Districts in Municipalities Having 5^000 Inhabitants or Less — On the fourth Tuesday of September the board shall meet at the place desig- nated by the township or municipal clerk, at 7 o'clock A. M., and remain in ses- sion until 9 o'clock P. M., for the purpose of making two alphabetical lists or registers of the names of the voters and their places of residences and street numbers, if any, and also for the purpose of conducting the primary election. These lists shall be transcribed from the canvassing-books, and shall include also the names of all persons not on the canvassing-books, who shall personally ap- pear before the board and show to its satisfaction that they are entitled to vote ; and, also, of all persons who shall be shown, by the affidavit in writing of some voter in that election district, to be a legal voter therein. Section 23. (See Form No. 7.) When the lists are completed, the board shall certify on each of them, and announce publicly the number of names entered thereon. On the next day each of the clerks of election shall post, in a conspicuous place within the dis- trict, a list, in hand-bill form, of the names entered on the registers, with resi- dences and street numbers, if any, certified by the board, or a majority of them, to be correct copies of the original registers. Section 24. Third Meeting to Register Voters for General Election in Districts in Municipalities Having 5,000 Inhabitants or Less — On Tuesday next preceding the general election the board shall meet and re- main in session from i o'clock P. M. to 9 o'clock P. M., to revise and correct the registers, and to add thereto the names of all persons entitled to vote in such dis- trict at the next election, who shall appear in person, and of erasing therefrom 2f9 the name of any person who, after a fair opportunity to be heard, shall be shown not to be entitled to vote. No name shall be added to or erased from the regis- ters without the concurrence of a majority of the board. Section 24. When the registers are completed, the board shall publicly announce and certify on each register the number of names, thereon, and on the next day succeeding this rrieet- ing the chairman of the district board shall deliver one of them to the county board of elections and the other he shall retain for use by the district board on election day. The chairman shall also designate one of the clerks to prepare a third copy of the register, which shall be certified, and the clerk shall, within the next two days, file the same with the clerk of the city, township or municipality. Section 24. Provision When Local Election Falls on Registry Day for General Election — Whenever the time fixed by law for holding any municipal, local or charter election falls on any day of registry for the general election, the registry shall take place on the day following such municipal, local or charter election. Sec- tion 37. Registration of Voters in Municipalities Having Over 5,000 Inhabitants for Elections Other than General Elections — In all such cities the district boards shall make, alter and revise the registers of voters for all elections other than general elections. New registers ar? not necessary where the election districts remain unchanged, but in such cases re- vision and correction only are to be made. Each board shall meet at the place designated by the city clerk on Tuesday four weeks next preceding the election, and finally on Tuesday two weeks before the election. Each meeting shall con- tinue from I to 9 o'clock P. M. Section 26. The city clerk shall deliver to each district its register used at the preceding general election at least six weeks be- fore the election, the city clerk having obtained the same from the county board of elections seven weeks before the election. Section 27. The city clerk shall publish notice of the registration, including a short description of boundary lines of election districts and location of polling-places, at least two weeks before the first registration day in at least two newspapers. Section 28. The district boards shall add to the registers in the same manner as for general elections, and on the day succeeding the first registration day each of the clerks shall post in a conspicuous place a copy of the revised register, and on the day succeeding the second registration day the chairman shall deliver one copy thereof to the county board of elections and retain one copy for use by the district board on election day. Section 26. Registration of Voters for Township and Local Elections in Districts in Municipalities Having 5,000 Inhabitants or Less — No new registration is required within any district in any township, town or borough or other municipality outside of municipalities having over 5,000 inhab- itants, for any township, charter, local or special election. In every such district the district board shall procure the copy of the register for the preceding election filed with the township or municipal clerk and use it, revising and correcting it in the manner provided for the revision and correction of registers in municipali- ties having over 5,000 inhabitants. Such boards shall meet for this revision and correction on the Tuesday next preceding the election, and each election clerk shall post at least three notices of the time and place of the meeting in con- spicuous places at least one week before the meeting. No copy of the register need be posted, but on the day after the meeting one copy shall be filed with the county board of elections. Section 2<). Registration by Affidavit — Whenever a voter is registered by affidavit, whether for a general election or for a township, town, borough, municipal, charter or local or primary election, a separate affidavit is required for each person registered. (See Form No. 7.) It must also contain the address of the affiant and be signed by him. All affidavits must be preserved by the judge of election until the completion of the registry, and then be delivered by him to the county board of election, who shall give a receipt for the same, stating the number received. The county board shall pre- sers'e the affidavits for six months. Section 32. Each district board shall regis- ter the name of every person who shall be shown by the affidavit of a voter re- siding within their election district to be lawfully entitled to vote. Sections 23, 24, 26, 29. They shall also register the name of every person who shall appear before them and satisfy them by an affidavit that he will, on the day of the next ensuing election, be entitled, under the constitution and laws of this State, to vote in that district. Section 35. No registration for general election by affi- davit in municipalities above 5,000 population. Section 348. Any person pre- vented by illness or absence from the State from registering personally may regis- ter by affidavit on form to be procured from board of registry and election. Section 349. Persons in the employ of United States Government who have the right to and desire to exercise the rights of franchise may register by affidavit. Section 428. The Proceedings Shall Be Open to the Public — The proceedings of the board shall be open to the public, and all persons en- titled to vote in the district shall be entitled to be freely heard in relation to the revision and correction of the registers. Section 32. Certificate to Voter Who Has Removed — No person shall vote at any general election in any election district other than the one in which he is registered, unless he shall appear before either the justice of the Supreme Court holding the circuit court in said county, or one of the judges of the Court of Common Pleas of said county, or one of the judges assigned to hold the circuit court of said county, at the court house, or at such other place within each county as will be most convenient and accessible to the largest number of voters in said county, at which the said justice or judge, in his discretion, shall authorize, on or prior to the day of the general election, and shall make proof to the satisfaction of said justice or judge that he has moved from the election district in which he has registered since the day on which he did register, and that he has moved into another district in said county, and shall obtain from said justice or judge an order sealed with the seal of the county clerk, directing the board of registry and election to place the name of the said voter upon the registry of the said election district ; said order shall be shown to the board of registry and election in which said voter is registered and > 2/2 said board shall thereupon erase his name from said register and issue a transfer as now provided by law, which transfer and the order of the court shall be filed by the voter with the board of registry and election in the election district where said voter desires to vote, and said board shall obey said order. Section 357. (See Form No. 19.) Conducting General, Local, Township and Municipal Elections — The board of chosen freeholders of each county is required to provide and keep in good repair ballot-boxes for use in the respective election districts, of the form prescribed by law, for both the general elections and the primary elections. Section 60. In all elections, general, local or charter, the polls shall open at 6 o'clock in the morning and close at 7 o'clock in the evening, and shall" be kept open during the whole of the day of election between the hours aforesaid, except that an adjournment may be had from i o'clock until 2 o'clock in the afternoon, or for a shorter time between those hours. Section 4. The decision of a majority of the board of election on any question shall be taken as the decision of the board, and final, any member, however, having the righ,t to record and sign his dissent in the poll-book. Section go. The boards of registry and election shall hold and conduct all general, munici- pal, local and special elections to be held throughout this State. Section 64. As soon as the election is opened, and before receiving any vote, the board of election shall make public proclamation of the opening of the election, and of their readiness to receive the votes of voters and exhibit the ballot-box, so that bystanders can see that there is nothing contained therein. Section 66. The poll-book shall be kept by one of the clerks of election, who shall number and record the names and residences of the persons voting in the order in which their votes are received. The poll-book in municipalities below five thousand, shall have a heading as follows : "Names of voters at an election held in district of — in the county of , on the day of , in the year of our Lord one thousand hundred and , for '■ — " (naming the offices to be filled.) Section 67. (See Form No. 21.) For municipalities above five thousand inhabitants, the poll-book shall have six columns, headed respectively : "Number of voter," "names of voters," "resi- dence of voter," "signature or statement number of voter," "signatures com- pared," and "remarks." Section 351. If they adjourn before the close of election, they shall state in the poll-book, immediately after the last name therein, in words written in full length, the whole number of the names of the voters in the poll-book, to which the mem- bers of the board shall sign their names (seeForm No. 22), and shall unlock the ballot-box, secure the bar or bolt so as to prevent the insertion of ballots; place therein the poll-book, and shut and lock the ballot-box. During the adjourn- ment the ballot-box shall be kept in public view. Section 77. At the opening of the election the keys of the ballot-box shall be distributed amongst the mem- bers of the board of registry and election, each member keeping the key deliv- ered to him until a statement of the result of the election shall have been made and certified as required by law. Section 6$. No person shall be allowed to vote whose name does not appear on the register (Section 33), except upon presentation of a certificate of removal after being registered in another district. (Section 357, Form 19.) The board shall challenge every person who shall claim to have a right to vote ^7Z whom they shall know, suspect or believe not to be a qualified or entitled to vote (see Section 72), and for the purpose of satisfying themselves as to the right of any person to vote they may examine him, and any other person or persons, under oath or affirmation. Section 75. For oaths administered in cases of challenge, see Section 73. The board shall keep the election booths or compartment supplied with lead black pencils, and shall allow no person within the railed enclosure while the election is in progress, except the election officers, and voters entering the same for the purpose of preparing their ballots and voting. Also, they shall allow no person to be present in the polling-room outside the railed enclosure during the progress of the election, except the officers connected with the election, the candidates and their duly authorized agents, and the agents of the parties, such voters as are actually present for the purpose of voting and the officers duly ap- pointed for keeping the peace. Section 78. The method of voting is set out in full in Section 366. Preservation of Order at Polls — It is the duty of the board to preserve the peace and maintain good order at the polling-place, and- for that purpose they are invested with the powers and duties of constables, and they may request the municipal authority to detail one or more policemen to assist them. Section S3. They may also commit to the com- mon jail of the county, for a period not exceeding three days, by an order in writing, any person who refuses to obey their lawful commands and who by dis- orderly conduct in their hearing or presence shall interrupt or disturb their pro- ceedings, which order shall be executed by any sheriff or constable, or in case of the absence of the sheriff or constable, by any person deputed in writing for that purpose. Section i86- Canvassing the Vote — Immediately after closing the polls the clerk keeping the poll-book shall state, after the last name, in words written at full length, the whole number of the names of the voters in the poll-book, as follows : "The whole number of the names of the persons whose votes have been received during the election is ," The members of the district board shall sign their names thereto. Sec- tion 86. (See Form No.. 23.) The board shall then unlock the ballot-box and can- vass the votes. The judge shall take the ballot from the box separately, read it publicly and deliver it to the inspector, who, being satisfied that the ballot was properly read, shall number the ballot on its back, and string the ballot. Section 87. Each clerk shall keep a tally-sheet. Section 88. The excess of ballots in the box over the number of names on the poll-book are void. All marked ballots are void. Sections 58, 85. All ballots on which any name is written in ink or with pencil other than black, or on which pasters are used printed otherwise than with black ink on white paper, are void. Sections 59, 85. But if a voter marks more names than there are persons to be elected to office, and his choice cannot be determined, his ballot shall not be counted for such officer, but shall be counted for such other officers as are properly marked ; such ballots to be marked "de- fective." Sections 92 and 367- No ballot wholly void shall be canvassed, esti- mated or numbered, but on all such ballots shall be written the words "rejected ballot," and shall then be strung on a different twine from the other ballots. Sectioyx gi. After all the votes shall have been read, examined, numbered and 274 strung as directed, the board shall cast up the vote given for each person. Sec- lion 88. They shall then personally examine the tally-sheets, and if they find these sheets and the record of the canvass to be correct, shall sign the returns. Section 89. A plurality of votes is sufficient to elect, and a tie vote renders the office vacant. Section 93. When a question or proposition is to be voted on, "a majority of the legal voters" means a majority of the legal voters voting on such question or proposition. Section 185. Statement of Result of General Election — After the canvass has been made, the board of election shall make a statement of the result thereof, and a certificate thereto of the form prescribed by law. Section 95. No member shall sign such statement until after the completion of the counting of the votes and his personal examination of the tally-sheets to de- termine the result. Section 89. A copy of the same shall be made, signed and delivered to the township or city clerk, and a copy within two days to the county clerk. In the case of an election for Governor, or for members of the House of Representatives, or for electors of President and Vice-President, a copy shall also be made and signed, and sent by mail within two days to the Secretary of State. Section 96- Statement of Result and Determination of Township or Municipal Elections — In every township or municipality (other than cities) containing but one elec- tion district, the members of the district board of election conducting any town- ship, local or charter election therein shall, upon the close of the election, ascer- tain and determine what officers have been elected, sums of money voted or pro- positions adopted, and the result of the election in all other particulars ; in every township or municipality containing more than one election district the members of the district boards of election conducting any such election shall meet on the day after holding the same, at the hour of two o'clock in the afternoon, at the polling place in the district in which the township or municipal clerk may reside, and when so met shall ascertain and determine in like manner the results of said election in said township or municipality ; provided, that when such township or municipality contains more than two election districts, two members only from the board of election of each district, to be designated by the board, shall meet in like manner and ascertain the result of said election as above provided ; such determination shall be written out and signed by the election officers making the same, and forthwith delivered to and filed by the township or municipal clerk. Section 94. The determination of the result of the city election is made by the county can- vassers. Sections 102, ill. Disposition of Ballot-box, Keys and Papers — The ballots cast at the election, whether counted or rejected, the poll-list, the tally papers and all unused and all spoiled official envelopes, shall be deposited in the ballot-box, which, being locked and bound with tape and sealed, shall be de- livered to the township or city clerk. In each city the city clerk's office shall be kept open for the reception of the ballot-boxes, and a record kept of the time of 275 their reception and the names of the persons delivering them. Sections 99, 346 and 366. The checked register of voters used at the election shall be filed and the ballot-box keys shall be deposited with the county clerk. Section 67. Mailing Sample Ballots — District boards shall mail to every voter sample ballot before Wednesday noon preceding general election day. Section 364, District board of registr>- and election shall mail sample ballots to every voter on Wednesday preceding primary day. Section 334. Transfer Certificates — District board shall issue transfer certificates to voters from one district to another for primary election in the same manner as provided for the issuing of transfer certificates for the general election. Section 337. District boards shall not supply certificates of transfer of voters from one dis- trict to another except when authorized by the court as provided for in Section 357. (Section 356.) Boards Shall Certify ResulU — District boards shall certify result of primary election for nomination of Gov- ernor and for members of Congress to county clerk. Section 344. Supply County Clerks With Registry Lists — District board of registry and election shall furnish county clerk immediately after the close of the last day of registration in municipalities above five thousand population, with a complete list of persons registered for the general election. Section 350. XVII. PRIVILEGES AND DUTIES OF VOTERS. May Attend Meetings of Board of Registry and be Heard — Every voter is entitled to be freely heard in relation to the revision and cor- rection of the registers, and for that purpose may attend the meetings of the board. Section 32. Who May Vote— Every male citizen of the United States, of the age of twenty-one years, who shall have been a resident of this State one year, and of the county in which he claims his vote five months, next before the election, and who has also complied with the registration laws, and has not disqualified himself by any crime, has the right to vote. Sections 68, 69, 71, 7S and 82. 276 How He Shall Prepare Hi» Ballot and Vote It — See Section 366. May Vote Although His Name Has Been Checked — A legal voter whose name has already been checked as having voted may vote notwithstanding such checking, on satisfying the board that he has not previously voted. Section 82. When and How He May Be Assisted — See Section 368. (Form No. 24.) Shall Not Exhibit His Ballot or Reveal Its Contents — No voter shall, within the polling-room, show his ballot, after it has been pre- pared for voting, to any person in such a way as to reveal its contents. Section 198. When a Naturalized Citizen is Challenged — If a naturalized citizen's right to be registered is challenged he is required to prove to the satisfaction of a majority of the board, by affidavit or otherwise, that he is entitled to vote in that district at the next election, or he shall produce his certificate of naturalization, or shall have been duly registered at a previous election in that district. Section 73- Freedom from Arrest on Civil Process — No person having the right to vote shall be arrested by virtue of any civil pro- cess on the day on which an election shall be held. Section 70. XVIIl. AGENTS OR CHALLENGERS. Chairman of County Committee May Appoint — See Section 63- {Forms 17 and 18.) Candidate by Petition May Appoint — Any candidate duly nominated by petition may likewise appoint two agents, who shall have permits issued to . ^. . , ...v.inrtlJe:tpw4;iship (city, or as the case may be) of , in the county of has been file(J in my office : Therefore, pursuant to the provisions of the act entitled "An act to regulate elections (Revision of 1898)," approved April 4th, 1898, I, , Secretary of State of the State of New Jersey (or, Clerk of the County of ), do hereby appoint and commission you as my special mes- senger to obtain a statement of the result of the election held on November 3rd, 19 14, in said District No , in the township (city, or as the case may be) of in the county of , to the end that the same may be forthwith filed in my office according to law. In witness whereof, I have hereunto set my hand and affixed my official seal on this day of November, A. D. 19 14. Secretary of the State of New Jersey (or. Clerk of the County of ) No. 26. — Petition Nominating Candidate for Public Office. [Sefe Sections 241, 243, 260.] To. (City, borough, town or township clerk.) Clerk of ....>..........,. .... ..... i (City, borough, town or township.) We, the undersigned, hereby certify : That we reside in election district in the ward of the (City, borough, town or township.) and that we are qualified voters therein ; that we are members of the party and that at the last election for members of the General Assembly we voted for a majority of the candidates whose names were printed upon the ticket of said party, and that we intend to affiliate with the said party at the ensuing elec- tion ; that we endorse the person hereinafter mentioned as candidate for nomination to the office of and we request that you print 313 upon the official primary ballot of said party the name of the said person We further certify that the residence and post-office address of the said person so endorsed as follows : (is or are) Name. Residence. P. O. Address. and that the said person so endorsed legally qualified under the laws (is or are) of this State to be nominated for the said office. (Signature of Petitioners): Name. Residence. P. O. Address. State of New Jersey^ County of being duly upon his (Sworn or affirmed) saith, that he is one of the signers of the petition hereto (oath or affirmation) annexed ; that said petition is signed by each of the signers thereto in his own proper handwriting ; that each of such signers is to the best of the knowledge and belief of this a legal voter of the said election district, as (deponent or affiant) stated in said petition, and belongs to the political party named in said petition, and that such petition is prepared and filed in absolute good faith for the sole purpose of endorsing the person therein named in order to secure (his or their) nomination as candidate for office as stated in said petition. before me (Sworn to or affirmed) this day of 1914- Certificate of Acceptance of Nomination for Public Office. [This certificate must be annexed to the foregoing petition. See Section 244.] I hereby certify that I am qualified for the office of mentioned in the foregoing petition, and that I consent to stand as a candidate for nomination at the ensuing primary election, and that if nominated I agree to accept the nomination. 314 No. 27. — Petition Nominating Candidate for Position of Delegate. [See Sections 241, 243. 260.] To (City, borough, town or township clerk.) Clerk of (City, borough, town or township.) We, the undersigned, hereby certify : That we reside in election district in the ward of the , and (City, borough, town or township) that we are qualified voters therein ;that we are members of the party, and that at the last election for members of the General Assembly we voted for a majority of the candidates whose names were printed upon the ticket of said party, and that we intend to affiliate with the said party at the ensuing elec- tion; that we endorce the person hereinafter mentioned as candidate for the position of delegate to the ensuing convention of the (State, congressional, county, assembly, city, etc.) said party ; and we request that you print upon the official primary ballot of the said party the name of the said person . We further certify that the resi- dence and postoffice address of the said person so endorsed (is or are) as follows: Name. Residence. P. O. Address. and that the said person so endorsed legally qualified under the laws (is or are) of this State to act as delegate to the said convention. (Signatures of petitioners): Name, Residence. P. O. Address. State of New Jersey, County of being duly upon his (sworn or affirmed) (oath or affirmation) saith, that he is one of the signers of the petition hereto annexed ; that said peti- tion is signed by each of the signers thereto in his own proper handwriting; that each of such signers is to the best of the knowledge and belief of this (deponent or affiant) 315 a legal voter of the said election district, as stated in said petition, and belongs to the political party named in said petition, and that such petition is prepared and filed in absolute good faith for the sole purpose of endorsing the person therein named in order to secure selection as delegate as stated in (hiB or their) said petition. before me (Sworn to or affirmed) this day of 1914' Plain Certificate of Acceptance of Nomination for Position of Delegate. [This certificate, or the next one, must be annexed to the foregoing petition. See Section 244.] hereby certify that qualified for the position of delegate (I or we) (I am or we are) to the convention mentioned in the foregoing petition, that consent (I or we) to stand at the ensuing primary election as candidate for the position of dele- gate to the said convention, and that if chosen as such delegate, will (I or we) act as such delegate- Certificate of Acceptance of Nomination for Delegate, with Request That Name of Person Who is the Acceptor's Choice for Nomination at the Convention be Printed on Ballot. [This c«rtlflcat©, or the next preceding one, must be annexed to the last foregoing petition. See Section 244.] , the undersigned, hereby certify that qualified for the (I or we) (I am or we are) position of delegate to the convention mentioned in the foregoing petition, that consent to stand at the ensuing primary election as candidate for (I or we) the position of delegate to the said convention, and that if chosen as such dele- gate will act as such delegate ; that request that the name of {I or we) (I or we) 3i6 be printed opposite name on the official prim- (ntiy or our) ary ballot of the said party as choice for (niy or our) I I !••.. ! 1 (governor, congressman, senator, surrogate, sheriff, mayor, or as the case may be.) No. 28. — Notice of Time and Place of Primary Election. [This notice must be given by the poll clerks by five or more copies of it posted at conspicuous places at least ten days before the primary election. Section 252.] Notice is hereby given that a primary election for all political parties will be held in and for the Election District, in , (city, township, or as the case may be) (location) at , in said Election District, on Tuesday, September 22, I9i4> between the hours of one and nine o'clock in the afternoon. Dated , A. D. 19 14. Poll Clerks. No. 29. — Official Oath of Officers Conducting Primary Election. [This oath must be taken before opening the primary election. Section 252.] State of New Jersey, County of , ss,\ I, a member of the board of registry and election in and for the Election District, in the , in said county, do solemnly swear (city, townshhip, or as the case may be) that I will to the best of my understanding and ability, conduct the primary elec- tion in and for said Election District, on the twenty-third day of September, A. D. nineteen hundred and thirteen, honestly and in accordance with the law, so help me God. Sworn to and subscribed before me this day of September, A. D. 19 14. 3^7 No. 30. — Petition Nominating Candidate for Public Office. Primary Act. Direct [See Sections 289 to 293.] To Clerk of We, the undersigned, hereby certify that we reside in the of , and that we are qualified voters therein ; that we are members of the party, and that at the last election for mem- bers of the General Assembly we voted for the majority of the candidates whose names were printed on the ticket of the said party, and that we intend to affiliate with said party at the ensuing election. That we endorse the person., hereinafter named as candidate . . for the office therein named, and we request that you print upon the official primary ballot the name. . of the said person.. . We further cer- tify that the residence and post-office address of the said person so endorsed as follows : (is or are) Office to be Filled. Name of Candidate. Residence. Post-Office Address. CPrint or write all the above entries very plainly.] We do further certify that the said person . . so endorsed legally (is or are) qualified under the laws of this State to be nominated for said office. Signature. Residence and Post Office Address. State of New Jersey, County of being duly sworn, upon his oath deposes and says that he is one of the signers of the foregoing petition ; that said petition was signed by each of the signers thereto in his own proper handwriting; that each of the signers thereto is, to the best of the knowledge and belief of this deponent, a legal voter of county, as stated in said petition, and belongs to the political party named in said petition, and that this petition is prepared and 3i8 filed in absolute good faith for the sole purpose of endorsing the persons therein named in order to secure their nominations as candidates for oflfice, as therein stated. Sworn to before me this day of , 1914. J CERTIFICATE OF ACCEPTANCE. We hereby certify that we are legally qualified for the offices for which wc have been endorsed in the foregoing petition ; that we consent to stand as candi- dates for nomination at the ensuing primary election, and that if nominated we agree to accept the nominations. (This blank can be used for nominating either county or municipal officers.) FORM No. 31. [AfEidavlt of voter, who, by reason of Illness or absence from the State, is unable to register personally. Section 349.] Affidavits must be filed with the District Board of Election on or before October 20, 1914. County of } , being duly sworn according to law, saith that he is a citizen of the United States and a legal voter in the Election District of the Ward of the City of , County of ; that by reason of (Illn»'ss or absence from the State of New Jersey, as the case may be.) is unable to register personally for the ensuing general election. He further deposes and says that his name is ; that his place of residence is ; that he occupies (Street and number.) ; that the name of the householder, tenant, (State number of room or floor occupied.) subtenant or apartment lesse is ; that his age is years ; that he has resided in the State of New Jersey years ; that 319 the county of his nativity is ; that he voted last in (Give country, State or province of birth.) (Give name or municipality.) in business under the name of that he is or employed by present is that the location of his business or employment last was (Signature) **Sworn and subscribed to before me this day of , 1914- FORM No. 32. [United States Government. Section 428.] Affidavits must be filed with the District Board of Election on or before the last registry day. State of . County of }... , being duly sworn according to law, on his oath saith that he had attained the age of twenty-one years and has a legal residence in the State of New Jersey, but is now living out of the State, in the employ of the United States Government; that he has the right to and desire to exercise the right of franchise in the Election District of the Ward of the of , County of in the State of New Jersey. He further deposes and says that his name is ; that his place of residence is , ; that he occupies ; (Street and number) (state number of room or floor occupied) that the name of the householder, tenant, subtenant or apartment lessee is ; that his age is years ; that he has resided in the State of New Jersey years ; that the ♦If the voter is In business for himself or with others, the name under which he is so in business, or if the voter is employed by some other person, the name of his present employer. If he is not in business and hs^ no employment, the word "none" shall be cntrrrd, together with the name under which he was last in business or the name of his last employer, if any. ♦•Tf the above affidavit is talcen outside of the State of New Jersey, it shall be accompanied by a proper certificate from the clerk of a court of record, in the county where such affidavit Is taken, showing the authority of the person admin- istering the oath to take affidavits. 320 country of his nativity is ; that he voted last in (give country, state or province of birth) ; that he is in the employ of the United States Gov- Give name of municipality.) ernment as (give name of department or bureau) (Signature) Sworn and subscribed to before me at this day of , 1914- FORM No. 33. Designation of Campaign Committee, I, the undersigned, a member of the Party, a candidate for nomination for the ofl&ce of , do hereby name and ap- point to receive, expend, audit and disburse all moneys contributed, donated, subscribed, or in anywise furnished or raised, for the purpose of aiding or promoting my nomination for the office above stated. Dated, , 191 (Signed) We, the undersigned, do hereby accept the above appointment and consent to act as such committee. The above designation must be filed with the original petition of nomination, or within five days thereafter, and shall be filed with the official authorized to receive and file the original petition of nomination. FORM No. 34. [Candidates for office, or for nomination for office, to be filled by the voters of a political division greater than a county, shall file this statement with Secretary of State, Candidates for j.11 other oflfices shall file statements with county clerk. Section 381.] State of New Jersey, County of I, , having, been a candidate for , at the election, held in the State of New Jersey, on the ' day of , 191 , do solemnly swear that I have paid the sum of $ to (Naming committee designated by him) for my expenses at the said election, and no more, and that, excej as aforesaid. I 321 have not, nor, to the best of my knowledge and belief, has any person, committee, club, society or association, on my behalf, directly or indirectly, made any pay- ment, or given, promised or offered any reward, office, employment, or valuable consideration, or incurred any liability on account of or in respec\ of the conduct or management of the said election, except such moneys as may have been paid to or expenses by the said committee designated by me. (Signed) Sworn and subscribed before me this day of 191 . FORM No. 35. Statement bv Tre.\surer of Campaign Committee. [This, -statement must give the names of each contributor or the source from which moneys were received, and an itemized statement of all expendiures over tive dollars; also the names of all persons to whom moneys w^ere paid, the specific nature of each item, by whom the service was performed, and the purpose for which it was expended, and be filed with the official with whom candidate's petition was filed, within five days after any primary election, and twenty days after any general election. Section 380.] State of New Jersey, County of I, being the treasurer of the committee appointed by to receive and expend funds in connection with his candi- dacy for the office of , at the election, held on the day of , 191 , do solemnly swear that the following is a true, full and correct statement of svich receipts and expendi- tures : Receipts. Expenditures. Sworn and subscribed before me this day of A. D. 19T . (Signed) Index to Instructions to Voters. Pacb Instructions Relative to the Duties of Officers and Voters — I- Dates of General and Primary Elections, 258 II. The Governor, 358 III. The Secretary of State, 258 IV. County Clerk, 259 V- Township, City and Municipal Clerks, 260 VI. Governing Boards of Municipalities, 262 VII. Chairman of State Committee, 262 VIII- Chairman of County Political Committees, 262 IX. County Committee, . . . ; 262 X. State Committee, 262 XL Civil Service Commission, 262 XII. Judges of Court of Common Pleas, 263 XIII. Nomination of Candidates, 263 XIV. Official Ballots, 265 XV. County Boards of Elections, 266 XVI. District Boards of Registry and Election, 267 XVII- Privileges and Duties of Voters, 275 XVIII, Agents or Challengers, 276 XIX- Soldiers and Sailors, 277 XX. County Canvassers, ►. . 277 XXI. State Canvassers, 279 XXII. Recount of Votes, 281 XXIII. Contested Elections, 281 XXIV- The Legislature, , 282 XXV. House of Representatives, 283 XXVI. Presidential Elector!, 283 XXVII. Incompatible Offices, 284 XXVIII- Election Districts, 285 XXIX. Compensation of Election Boards, 285 XXX. Crimes and Penalties, 285 XXXI. Primary Elections, 290 XXXII. Nominations Under Direct Primary Act, 291 XXXIIL State Convention, .• 293 324 Page. Forms — ■ No. I. Notice of election by Secretary of State to county clerk, 297 No. 2- Notice of election by county clerk to township, city and other municipal clerks, 297 No- 3. General notice of election by township, city or municipal clerk, 298 No. 4. Certificate by the Secretary of State to the county clerks of names of candidates, 298 No. 5- Certificate by county clerk to Secretary of State of names of candidates, 299 No. 6. Notice by township, city or municipal clerk to district board of registry and election of location of room, registry and election, • 300 No- 7. Affidavit of voter for registration, 300 No. 8. Certificate of nomination by party convention, 301 No. 9- Certificate of nomination to fill vacancy, 302 No. 10. Nomination by petition, 303 No. 1 1. Nomination by petition to fill vacancy, 304 No. 12. Certificate of appointment by board of registry and election,.. 305 No- 13. Certificate of county board of election that name of voter has been added to register, 306 No. 14- Notice of application to county board of election to have name of registered person stricken from the register, 306 No. 15. Certificate of county board of elections that a name has been erased from the register, 307 No. 16. Oath of members of county boards of elections and of district boards of registry and election, 308 No. 17. Appointment of agent or challenger, 308 No- 18. Permit to agent or challenger, 308 No- 19- Transfer certificate, 309. No. 19a. Certificate directing transfer of voter, 309 No. 20. Receipt for ballots, 310 No. 21. Heading in poll-book, 3i"0 No. 22. Entry in poll-book on adjourning for dinner, 310 No- 23- Entry in poll-book at close of election, 311 No- 24. Oath of person who claims assistance by reason of blindness or inability to read or write 311 No. 25. Commission of messenger to obtain missing statement of the result of an election, 312 No. 26. Petition for nominating candidate for public office, 312 No. 27. Petition nominating candidate for position of delegate, 314 No. 28. Notice of time and place of primary election, 316 No- 29. Official oath of officers conducting primary election, 316 No- 30. Petition nominating candidate for public office, direct primary act, 317 No. 31. Affidavit of voters, municipalities over 5,000, 318 No. 32. Affidavit of voters, government employees, 319 No- 33. Designation of campaign committee, 320 No. 34- Statement by candidate, 320 No. 35- Statement by treasurer of campaign committee, 321 YC 086 iO y ^ 278734 xSK I3Q3 y-at'f- UNIVERSITY OF CAIylFORNIA LIBRARY 1