J K :-NRLF -O7/?3 131 3 70 GIFT OF STATUTES AND CONSTITUTION ELECTIONS STATE OF OREGON 1913 COM PI I,K li LORD'S OREGON LAWS AND THE SESSION LAWS OF 1911 AND 1913 Such Provisions of the Constitution of Oregon, and Such Statutes of the United States, as Pertain to Elections in This State Compiled by BEN W. OLCOTT Secretary of State UJEM ; WILLIS S, DHNTWAV, STATE PRINTER 1913 STATUTES AND CONSTITUTION KKJ,ATIN<; TO ELECTIONS STATE OF OREGON 1913 COM I'l I.KI) MJOM LORD'S OREGON LAWS AND THE SESSION LAWS OF 1911 AND 1913 Such Provisions of the Constitution of Oregon, and Such Statutes of the United States, as Pertain to Elections in This State Compiled by BEN W. OLCOTT Secretary of State SALEM, OREGON WILLIS S. DUNIWAY, STATE PRINTER 1913 ^ V LAW AUTHORIZING THIS COMPILATION. $ 3413. Election Laws to lie Compiled and Supplies Furnished by Secretary of Stale. It shall be the duty of the Secretary of State, not less than six months before every biennial election in this State, to compile the election laws of the State and index the same and cause a sufficient number thereof to be printed in appropriate pamphlet form for the convenience of the electors of the State. He shall at the same time and in the same manner cause to be printed a sufficient number of copies of such of the provisions of the laws pertaining to elections and relating to and regulating the duties of election boards as are necessary for the use of such boards at the several elections; also suitable poll books, required by and in accordance with Section 3324; also tally sheets, required by and in accordance with Section 3326 ; also register of nom- inations books, required by Section 3341; also receipts, re- quired by and in accordance with Section 3400; needles for stringing ballots and stubs, as required by Sections 3325 and 3409, and indelible copying pencils, suitable for canceling the names of candidates not voted for, as required by Section 3404 ; and he shall forthwith proceed and distribute the same to the several county clerks in the State in appropriate quan- tities. The bills for furnishing said pamphlet copies of the election laws, for ruling, printing and binding such poll books, blanks, receipts, register of nominations, and tally sheets, and procuring said needles and pencils, and for pre- paring and delivering the same, as required by this act, shall be audited by the Secretary of State and paid out of any moneys in the treasury not otherwise appropriated. [L. 1913, Chap. 329, p. 644.] NOTE. This compilation of the statutes of this State relating to elections and the registration of voters contains only such statutes as relate to or in any manner affect the duties and authority of judges and clerks of election, and other officers directly connected therewith. Those statutes which are purely local in their application are mostly omitted from this compilation and for such information reference should be made to Lord's Oregon Laws, and the Session Laws of 1911 and 1913. CONSTITUTIONAL PROVISIONS RELATING TO ELECTIONS PROVISIONS OF CONSTITUTION OF THE UNITED STATES RELATING TO ELECTIONS. ARTICLE I. 4. Election of Senators and Representatives Sessions of Congress. The times, places, and manner of holding elections for senators and representatives shall be prescribed in each State by the legislature thereof; but the congress may at any time by law make or alter such regulations, except as to the places of choosing senators. The congress shall assemble at least once in each year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. ARTICLE II. 1. Executive Power Electors of President and Vice-Preside lit. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected as follows: Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the State may be entitled in the congress; but no senator or represen- tative, or person holding an office of trust or profit under the United States, shall be appointed an elector. The congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States. The balance of this section omitted, as it defines the qualifications of Presi- dent, salary, etc. ARTICLE XIV. 1. Citizenship, and Rights Thereof. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United CONSTITUTION RELATING TO ELECTIONS. States and of the State wherein they reside. No State shall make or enforce any laws which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its juris- diction the equal protection of the laws. ARTICLE XV. 1. Right to Vote. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude. ARTICLE XVII. "The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years ; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for elect- ors of the most numerous branch of the State legislatures. "When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies; provided, that the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. "This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution." Adopted in lieu of the first paragraph of Section 3 of Article I, and also so much of paragraph two of the same section as relates to the filling of vacancies. CONSTITUTION RELATING TO ELECTIONS. PROVISIONS OF CONSTITUTION OF OREGON RELATING TO ELECTIONS. ARTICLE I. BILL OF RIGHTS. 18. Private Property Taken for Public Uses. Private property shall not be taken for public use, nor the particular services of any man be demanded, without just compensation ; nor, except in case of the State, without such compensation first assessed and tendered. 20. Exclusive Privileges. No law shall be passed granting to any citizen or class of citizens privileges or immunities which, upon the same terms, shall not equally belong to all citizens. 26. Assemblages of the People. No law shall be passed restraining any of the inhabitants of the State from assembling together in a peaceable manner to consult for their common good; nor from instructing their representatives; nor from applying to the legislature for redress of grievances. ARTICLE II. SUFFRAGE AND ELECTIONS. 1. Elections Free. All elections shall be free and equal. The Lockwood law, providing a method for holding primary elections for the selection of delegates to nominating conventions, imposes no restraint upon electors and does not deny them their proper influence and is not in conflict with this section: Ladd v. Holmes, 40 Or. 167, 66 Pac. 714. To be "free" means that the voter shall be left to the untrammeled exercise, whether by civil or military authority, of his right or privilege ; that is to say, no impediment or restraint of any character shall be imposed upon him, either directly or indirectly whereby he shall be hindered or prevented from participa- tion at the polls. The word "equal" has a different signification ; every elector has the right to have his vote counted for all it is worth in proportion to the whole number of qualified electors desiring to exercise their privilege ; so that the terms free and equal, used as they are correlatively, signify, not only that the election shall be open and untrammeled to all persons endowed with the elective franchise, but shall be closed to all not in the enjoyment of such privilege: Ladd v. Holmes, 40 Or. 167, 66 Pac. 714. 2. Qualifications of Electors. In all elections not otherwise provided for by this Constitu- tion, every citizen of the United States, of the age of twenty- 8 CONSTITUTION RELATING TO ELECTIONS. one years and upwards, who shall have resided in the State during the six months immediately preceding such election; and every person of foreign birth of the age of twenty-one years and upwards, who shall have resided in this State dur- ing the six months immediately preceding such election, and shall have declared his or her intention to become a citizen of the United States one year preceding such election, con- formably to the laws of the United States on the subject of naturalization, shall be entitled to vote at all elections author- ized by law. NOTE. The foregoing amendment was proposed by the people by initiative petition and approved by a majority of A'otes cast thereon at the general election held November 5, 1912. There were 61,265 votes cast for said amend- ment and 57,104 votes cast against and under the provisions of law by proclama- tion of the Governor, dated November 30, 1912, took effect on said dat^. SECRETARY OF STATE. 3. Idiots, Insane, and Convicts. No idiotic or insane person shall be entitled to the privileges of an elector ; and the privilege of an elector shall be forfeited by a conviction of any crime which is punishable by imprison- ment in the penitentiary. The term "conviction," as used here, is used in the primary and ordinary sense, and signifies proving or finding that the defendant is guilty either by the verdict of the jury, or his plea to that effect, and does not include the punishment which follows thereon. A crime is punishable by imprisonment an the penitentiary when by any law it may be so punished, and the fact that it also may be or is otherwise punished does not change its grade or character in this respect ; hence where the punishment provided by statute for a certain crime was either imprisonment in the penitentiary, or a fine, and a person upon conviction by pleading guilty was punished by a fine, but not by imprisonment, he forfeited his right to vote under this provision of the Con- stitution : United States v. Watkinda, 6 Fed. 152. The authority of this decision is perhaps avoided by the amendment to sec- tion 1230, of 1895, which reads: "Felony is a crime which is punishable with death or by imprisonment in the penitentiary of this State. When a crime punishable by imprisonment in the penitentiary is also punishable by a fine or imprisonment in the county jail in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing pun- ishment other than imprisonment in the penitentiary." This section does not operate as a restriction^ on the pardoning power. Pardon by the Governor restores to the person receiving it the provileges of an elector forfeited by the crime: Wood v. Fitzgerald, ?> Or. 158. 4. Residence. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, or of this State ; nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum at public expense; nor while confined in any public prison. Though an employee of the United States, or of the State does not ~ain or lose a residence by reason of his presence or absence in such service, he may, by appropriate steps, gain n. residence at such point as he may desire independently of such employment: Wood v. Fitzgerald, 3 Or 568 CONSTITUTION RELATING TO ELECTIONS. 5. Soldiers, Seamen, and Marines Not to Vote Residence Of. No soldier, seaman, or marine in the army or navy of the United States, or of their allies, shall be deemed to have acquired a residence in the State in consequence of having been stationed within the same ; nor shall any such soldier, seaman, or marine have the right to vote. 6. Negroes, Chinamen, Etc. No negro, Chinaman, or mulatto shall have the right of suffrage. Negroes or mulattoes born or naturalized in the United States and subject to the jurisdiction thereof by virtue of the fourteenth amendment are now citizens of the United States and the State wherein they reside, and, there- fore, by virtue of the fifteenth amendment, are entitled to the right of suffrage in this State the same as white persons ; and the same is true of all persons born or naturalized in the United States and subject to the jurisdiction thereof : The Slaughterhouse Cases, 16 Wall. 71. See note on Article II, Section 2, ante. 7. Bribery at Elections. Every person shall be disqualified from holding office during the term for which he may have been elected, who shall have given or offered a bribe, threat, or reward to procure his election. A promise by a candidate for a county office to the voters of his county that if elected he will pay a certain part of the salary of the office into the county treasury, though very objectionable on the grounds of public policy, is not an offer of a bribe or reward within the meaning of this section, unless the voters sought to be influenced thereby are taxpayers of the county, or would in some way be benefited by the performance of the offer : State v. Dustin, 5 Or. 375. 8. Election Laws. The legislative assembly shall enact laws to support the privilege of free suffrage, prescribing the manner of regulat- ing and conducting elections, and prohibiting, under adequate penalties, all undue influence therein from power, bribery, tumult, and other improper conduct. 9. Penalty for Dueling. Every person who shall give or accept a challenge to fight a duel, or who shall knowingly carry to another person such challenge, or who shall agree to go out of the State to fight a duel, shall be ineligible to any office of trust or profit. 10. Lucrative Offices. No person holding a lucrative office or appointment under the United States or under this State shall be eligible to a seat in the legislative assembly; nor shall any person hold 10 CONSTITUTION RELATING TO ELECTIONS. more than one lucrative office at the same time, except as in this Constitution expressly permitted; provided, that offices in the militia, to which there is attached no annual salary, and the office of postmaster, where the compensation does not exceed $100 per annum, shall not be deemed lucrative. The office of deputy collector of internal revenue is a "lucrative office," within the meaning of this section: Hermann's Case, Senate Journal, 1870, p. 32. 11. Ineligibility to Office of Collector, When. No person who may hereafter be a collector or holder of public moneys shall be eligible to any office of trust or profit, until he shall have accounted for and paid over, according to law, all sums for which he may be liable. 12. Temporary Appointment to Office. In all cases in which it is provided that an office shall not be filled by the same person more than a certain number of years continuously, an appointment pro tempore shall not be reckoned a part of that term. 13. Privileges of Electors. In all cases except treason, felony, and breach of the peace, electors shall be free from arrest in going to elections, during their attendance there, and in returning from the same; and no elector shall be obliged to do duty in the militia on any day of election, except in time of war or public danger. 14. Time of Holding Elections. The regular general biennial election in Oregon for the year A. D. 1910 and thereafter shall be held on the first Tuesday after the first Monday in November. All officers except the Governor, elected for a six-year term in 1904 or for a four-year term in 1906, or for a two-year term in 1908, shall continue to hold their respective offices until the first Monday in January, 1911; and all officers except the Gov- ernor, elected at any regular general biennial election after the adoption of this amendment, shall assume the duties of their respective offices on the first Monday in January fol- lowing such election. All laws pertaining to the nomination of candidates, registration of voters, and all other things incident to the holding of the regular biennial election shall be enforced and be effected the same number of days before the first Tuesday after the first Monday in November that they have heretofore been before the first Monday in June biennially, except as may hereafter be provided by law. NOTE. The foregoing amendment was submitted to the people by the legis- lative assembly and approved by the majority of the votes cast thereon at the general election held June 1, 1908. There were 65,728 votes cast for said amendment and 18,590 against, and under the provisions of law by a proclama- G vernor ' dated June 23 ' 1908 - to k effect on said date. s CONSTITUTION RELATING TO ELECTIONS. 11 15. How Votes to Be Given. In all elections by the legislative assembly, or by either branch thereof, votes shall be given openly or viva voce, and not by ballot forever, and in all elections by the people, votes shall be given openly or viva voce, until the legislative assembly shall otherwise direct. "Election," as here used, is equivalent to "appointment" : State v. Thompson, 34 Or. 33, 54 Pac. 349. 16. Plurality Elects Provision for Proportional Representation. In all elections authorized by this Constitution until other- wise provided by law, the person or persons receiving the highest number of votes shall be declared elected, but provision may be made by law for elections by equal proportional repre- sentation of all the voters for every office which is filled by the election of two or more persons whose official duties, rights, and powers are equal and concurrent. Every qualified elector resident in his precinct and registered as may be required by law, may vote for one person under the title for each office. Provision may be made by law for the voter's direct or indirect expression of his first, second or additional choices among the candidates for any office. For an office which is filled by the election of one person it may be required by law that the person elected shall be the final choice of a majority of the electors voting for candidates for that office. These principles may be applied by law to nominations by political parties and organizations. NOTE. The foregoing amendment was proposed by the peiple by initiative petition and approved by a majority of the votes cast thereon at the general election held June 1, 1908. There were 48,868 votes cast for said amendment, and 34,128 against; and under the provisions of law, by a proclamation of the Governor, dated June 23, 1908, it took effect on said date. SECRETARY OF STATE. 17. Place of Voting. All qualified electors shall vote in the election precinct in the county where they may reside for county officers, and in any county in the State for State officrs, or in any county of a congressional district in which such electors may reside for members of Congress. When an individual is a bona fide resident of a county, but has no fixed residence or domicile in any particular precinct therein, he may vote in any precinct in which he finds himself on the day of election : Wood v. Fitzgerald, 3 Or. 568. Failure to vote for precinct officers raises no presumption that the voter was not a resident of the precinct: Van Winkle v. Crabtree, 34 Or. 478, 55 Pac. 831. 18. Recall. Every public officer in Oregon is subject, as herein pro- vided, to recall by the legal voters of the State or of the electoral district from which he is elected. There may be 12 CONSTITUTION- RELATING TO ELECTIONS. required twenty-five per cent, but not more, of the number of electors who voted in his district at the preceding election for justice of the Supreme Court to file their petition demanding his recall by the people. They shall set forth in said petition the reasons for said demand. If he shall offer his resignation, it shall be accepted and take effect on the day it is offered, and the vacancy shall be filled as may be provided by law. If he shall not resign within five days after the petition is filed, a special election shall be ordered to be held within twenty days in his said electoral district to determine whether the people will recall said officer. On the sample ballot at said election shall be printed in not more than two hundred words, the reasons for demanding the recall of said officer as set forth in the recall petition, and in not more than two hundred words, the officer's justification of his course in office. He shall con- tinue to perform the duties of his office until the result of said special election shall be officially declared. Other candidates for the office may be nominated to be voted for at said special election. The candidate who shall receive the highest number of votes shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed, or another. The recall petition shall be filed with the officer with whom a petition for nomination to such office should be filed, and the same officer shall order the special election when it is required. No such petition shall be circu- lated against any officer until he has actually held his office six months, save and except that it may be filed against a senator or representative in the legislative assembly at any time after five days from the beginning of the first session after his election. After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected unless such further petitioners shall first pay into the public treasury which has paid such special election expenses, the whole amount of its expenses for the preceding special election. Such additional legislation as may aid the operation of this section shall be provided by the legislative assembly, including provision for payment by the public treasury of the reasonable special election campaign expenses of such officer. But the words "the legislative assembly shall provide" or any similar or equivalent words in this Constitution or any amendment thereto, shall not be construed to grant to the legislative assembly any exclusive power of lawmaking nor in any way to limit the initiative and referendum powers reserved by the people. NOTE. The foregoing amendment was proposed by the people by initiative petition and approved by a majority of the votes cast therein at tho e-PnArli election held June 1, 1908. There were 58,381 votes cast for safd amendment and 31,002 against; and under the provisions of law by a proclamation oTth^ Governor, dated June 23, 1908, it took effect on said date. SECRETARY o? STATE! CONSTITUTION RELATING TO ELECTIONS. 13 ARTICLE IV. LEGISLATIVE DEPARTMENT. 1. Legislative Authority Style of Bill Initiative and Referendum. The legislative authority of the State shall be vested in a legislative assembly, consisting of the senate and house of representatives, but the people reserve to themselves power to propose laws and amendments to the Constitution and to enact or reject the same at the polls, independent of the legis- lative assembly, and also reserve power at their own option to approve or reject at the polls any act of the legislative assembly. The first power reserved by the people is the initiative, and not more than eight per cent of the legal voters shall be required to propose any measure by such petition, and every such petition shall include the full text of the meas- ure so proposed. Initiative petitions shall be filed with the Secretary of State not less than four months before the elec- tion at which they are to be voted upon. The second power is the referendum, and it may be ordered (except as to laws necessary for the immediate preservation of the public peace, health or safety) , either by the petition signed by five per cent of the legal voters, or by the legislative assembly, as other bills are enacted. Referendum petitions shall be filed with the Secretary of State not more than ninety days after the final adjournment of the session of the legislative assembly which passed the bill on which the referendum is demanded. The veto power of the Governor shall not extend to measures referred to the people. All elections on measures referred to the people of the State shall be had at the biennial regular general elections, except when the legislative assembly shall order a special election. Any measure referred to the people shall take effect and become the law when it is approved by a majority of the votes cast thereon, and not otherwise. The style of all bills shall be : "Be it enacted by the people of the State of Oregon." This section shall not be construed to deprive any member of the legislative assembly of the right to introduce any measure. The whole number of votes cast for justice of the Supreme Court at the regular election last preceding the filing of any petition for the initiative or for the referendum shall be the basis on which the number of legal voters necessary to sign such petition shall be counted. Petitions and orders for the initiative and for the referendum shall be filed with the Secretary of State, and in submitting the same to the people he, and all other officers, shall be 14 CONSTITUTION RELATING TO ELECTIONS. guided by the general laws and the act submitting this amend- ment, until legislation shall be especially provided therefor. The above section is an amendment to the original Constitution, and was adopted by the Twentieth Legislative Assembly; adopted by the Twenty-First Legislative Assembly; adopted by the people, by vote of 62,024 for, to 5,668 against it, June 2, 1902. la. Initiative and Referendum on Local, Special, and Municipal Laws and Parts of Laws. The referendum may be demanded by the people against one or more items, sections, or parts of any act of the legis- lative assembly in the same manner in which such power may be exercised against a complete act. The filing of a referendum petition against one or more items, sections, or parts of an act shall not delay the remainder of that act from becoming operative. The initiative and referendum powers reserved to the people by this Constitution are hereby further reserved to the legal voters of every municipality and district, as to all local, special, and municipal legislation, of every character, in or for their respective municipalities and districts. The man- ner of exercising said powers shall be prescribed by general laws, except that cities and towns may provide for the man- ner of exercising the initiative and referendum powers as to their municipal legislation. Not more than ten per cent of the legal voters may be required to order the referendum nor more than fifteen per cent to propose any measure, by the initiative, in any city or town. The above section was proposed by initiative petition filed in the office of the Secretary of State February 3, 1906, and adopted by vote of the people 47,678 for, and 16,735 against, June 4, 1906. It went into effect by proclama- tion of the Governor, issued June 25, 1906. Section 1 as originally adopted was as follows: "The legislative authority of the State shall be vested in the legislative assembly which shall consist of a senate and house of representatives. The style of every bill shall be 'Be it enacted by the legislative assembly of the State of Oregon,' and no law shall be enacted except by bill." 2. \umber of Senators and Representatives. The senate shall consist of sixteen, and the house of repre- sentatives of thirty-four members, which number shall not be increased until the year 1860, after which time the legis- lative assembly may increase the number of senators and representatives ; always keeping, as near as may be, the same ratio as to the number of senators and representatives; pro- vided, that the senate shall never exceed thirty, and the house of representatives sixty members. 3. By Whom Chosen. The senators and representatives shall be chosen by the electors of the respective counties or districts into which the State may from time to time be divided by law. CONSTITUTION RELATING TO ELECTIONS. 15 4. Term of Office Senators, How Classifiel. The senators shall be elected for the term of four years, and representatives for the term of two years from the day next after their general elections; provided, however, that the senators-elect, at the first session of the legislative assem- bly under this Constitution, shall be divided by lot into two equal classes, as nearly as may be; and the seats of senators of the first class shall be vacated at the expiration of two years, and those of the second class at the expiration of four years; so that one-half, as nearly as possible, shall be chosen biennially forever thereafter. And in case of the increase of the number of senators, they shall be so annexed by lot to one or the other of the two classes as to keep them as nearly equal as possible. 5. Census. The legislative assembly shall, in the year 1865, and every ten years after, cause an enumeration to be made of all the white population of the State. 6. Apportionment. The number of senators and representatives shall, at the session next following an enumeration of the inhabitants by the United States or this State, be fixed by law, and appor- tioned among the several counties according to the number of white population in each. And the ratio of senators and representatives shall be determined by dividing the whole number of white population of such county or district, by such respective ratios; and when a fraction shall result from such division, which shall exceed one-half of such ratio, such county or district shall be entitled to a member for such frac- tion. And in case any county shall not have the requisite population to entitle such county to a member, then such county shall be attached to some adjoining county for sena- torial or representative purposes. 7. Senatorial Districts. A senatorial district, when more than one county shall con- stitute the same, shall be composed of contiguous counties, and no county shall be divided in creating senatorial districts. 8. Qualification of Senators, Etc. No person shall be a senator or representative who, at the time of his election, is not a citizen of the United States ; nor any one who has not been for one year next preceding his election an inhabitant of the county or district whence he may be chosen. Senators and representatives shall be at least twenty-one years of age. 16 CONSTITUTION RELATING TO ELECTIONS. 9. When Free From Arrest Words Uttered in Debate. Senators and representatives in all cases, except for treason, felony, or breaches of the peace, shall be privileged from arrest during the session of the legislative assembly, and in going to and returning from the same; and shall not be sub- ject to any civil process during the session of the legislative assembly, nor during the fifteen days next before the com- mencement thereof. Nor shall a member for words uttered in debate in either house, be questioned in any other place. 10. Sessions of the Legislative Assembly. The sessions of the legislative assembly shall be held biennially at the Capital of the State, commtncing on the sec- ond Monday of September, in the year 1858, and on the same day of every second year thereafter, unless a different day shall have been appointed by law. NOTE. As allowed by the last clause in Section 10, the legislative assembly of the State, at its session held in 1882, passed an act changing the time of meeting of the assembly from that time forward to the second Monday in Jonuary, following each biennial election. 11. Election of Officers Judge of Qualification of Members, Etc. Each house, when assembled, shall choose its own officers, judge of the election, qualifications and returns of its own members, determine its own rules of proceeding, and sit upon its own adjournments; but neither House shall, without the concurrence of the other, adjourn for more than three days, nor to any other place than that in which it may be sitting. 12. Quorum. Two-thirds of each house shall constitute a quorum to do business, but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. A quorum being in attendance, if either house fail to effect an organization within the first five days thereafter, the members of the house so failing shall be entitled to no compensation from the end of the said five days until an organization shall have been effected. 23. What Local and Special Laws Prohibited. The legislative assembly shall not pass special or local laws in any of the following enumerated cases; that is to say 1. Regulating the jurisdiction and duties of justices of the peace, and of constables; 2. For the punishment of crimes and misdemeanors; 3. Regulating the practice in courts of justice; CONSTITUTION RELATING TO ELECTIONS. 17 4. Providing for changing the venue in civil and criminal cases ; 5. Granting divorces; 6. Changing the names of persons; 7. For laying, opening, and working on highways, and for the election or appointment of supervisors; 8. Vacating roads, town plats, streets, alleys, and public squares ; 9. Summoning and impaneling grand and petit jurors; 10. For the assessment and collection of taxes for State, county, township, or road purposes; 11. Providing for supporting common schools, and for the preservation of school funds; 12. In relation to interest on money; 13. Providing for opening and conducting the elections of State, county, and township officers, and designating the places of voting; 14. Providing for the sale of real estate belonging to minors or other persons laboring under legal disabilities, by executors, administrators, guardians, or trustees. 30. Members Xot Eligible to Other Office. No senator or representative shall, during the time for which he may have been elected, be eligible to any office, the election to which is vested in the legislative assembly; nor shall be appointed to any civil office of profit which shall have been created, or the emoluments of which shall have been increased during such term, but this latter provision shall not be construed to apply to any officer elective by the people. 31. Oath of Members. The members of the legislative assembly shall, before they enter on the duties of their respective offices, take and sub- scribe the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be), that I will support the Constitution of the United States, and the Constitution of the State of Oregon, and that I will faithfully discharge the duties of senator (or representative, as the case may be), according to the best of my ability." And such oath may be administered by the Governor, Sec- retary of State, or judge of the Supreme Court. 18 CONSTITUTION RELATING TO ELECTIONS. ARTICLE V. EXECUTIVE DEPARTMENT. 1. Executive Power Term of Office. The chief executive power of the State shall be vested in a Governor, who shall hold his office for the term of four years ; and no person shall be eligible to such office more than eight in any period of twelve years. 2. Qualifications of Governor. No person, except a citizen of the United States, shall be eligible to the office of Governor, nor shall any person be eligible to that office who shall not have attained the age of thirty years, and who shall not have been three years next preceding his election a resident within this State. 3. Who Not Eligible. No member of Congress, or person holding any office under the United States, or under this State, or under any other power, shall fill the officf of Governor, except as may be other- wise provided in this Constitution. 4. Election of Governor. The Governor shall be elected by the qualified electors of the State at the times and places of choosing members of the legislative assembly, and the returns of every election for Governor shall be sealed up and transmitted to the Secretary of State, directed to the speaker of the house of representa- tives, who shall open and publish them in the presence of both houss of the legislative assembly. 5. In Case of Tie. The person having the highest number of votes for Gov- ernor shall be elected ; but in case two or more persons shall have an equal, and the highest number of votes for Governor, the two houses of the legislative assembly, at the next regular session thereof, shall forthwith, by joint vote, proceed to elect one of the said persons Governor. 6. Contested Elections. Contested elections for Governor shall be determined by the legislative assembly in such manner as may be prescribed by law. CONSTITUTION RELATING TO ELECTIONS. 19 7. Term of Office. The official term of the Governor shall be four years; and shall commence at such times as may be provided by this Constitution, or prescribed by law. 16. Governor to Fill Vacancies by Appointment. When, during a recess of the legislative assembly, a vacancy shall happen in any office, the appointment to which is vested in the legislative assembly; or when at any time a vacancy shall have occurred in any other State office, or in the office of judge of any court, the Governor shall fill such vacancy by appointment, which shall expire when a successor shall have been elected and qualified. 17. Issue AVrits of Election. He shall issue writs of election to fill such vacancies as may have occurred in the legislative assembly. ARTICLE VI. ADMINISTRATIVE DEPARTMENT. 1. Election of Secretary and Treasurer of State. There shall be elected by the qualified electors of the State, at the time and places of choosing members of the legislative assembly, a Secretary and Treasurer of State, who shall sev- erally hold their offices for the term of four years; but no person shall be eligible to either of said offices more than eight in any period of twelve years. 6. County Officers. There shall be elected in each county, by the qualified elect- ors thereof, at the time of holding general elections, a county clerk, treasurer, sheriff, coroner, and surveyor, who shall severally hold their offices for the term of two years. 7. Other Officers. Such other county, township, precinct, and city officers as may be necessary shall be elected or appointed in such manner as may be prescribed by law. 8. Qualifications of County Officers. No person shall be elected or appointed to a county office who shall not be an elector of the county; and all county, 20 CONSTITUTION RELATING TO ELECTIONS. township, precinct and city officers shall keep their respective offices at such places therein, and perform such duties as may be prescribed by law. 9. Vacancies, How Filled. Vacancies in county, township, precinct and city offices shall be filled in such manner as may be prescribed by law. ARTICLE VII. JUDICIAL DEPARTMENT. 1. Judicial Power of State, in Whom Vested. The judicial powers of the State shall be vested in one Supreme Court and in such other courts as may from time to time be created by law. The judges of the Supreme and other courts shall be elected by the legal voters of the State or of their respective districts for a term of six years, and shall receive such compensation as may be provided by law, which compensation shall not be diminished during the term for which they are elected. 2. Judicial System Otherwise to Remain Unchanged. The courts, jurisdiction, and judicial system of Oregon, except so far as expressly changed by this amendment, shall remain as at present constituted until otherwise provided by law. But the Supreme Court may, in its own discretion, take original jurisdiction in mandamus, quo ivarranto, and habeas corpus proceedings. 6. Malfeasance in Office Manner of Removal. Public officers shall not be impeached ; but incompetency, corruption, malfeasance or delinquency in office may be tried in the same manner as criminal offenses, and judgment may be given of dismissal from office, and such further punish- ment as may have been prescribed by law. 7. Supreme Judge, Oath Of. Every judge of the Supreme Court, before entering upon the duties of his office, shall take and subscribe, and transmit to the Secretary of State, the following oath: "I, - , do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Oregon, and that I will faithfully and impartially dis- charge he duties of a judge of the Supreme Court of this State, accord- CONSTITUTION RELATING TO ELECTIONS. 21 ing to the best of my ability, and that I will not accept any other office, except judicial offices, during the term for which I have been elected." NOTE. Amendment to Article VII was submitted to the people by initiative petition filed in the office of the Secretary of State July 7, 1910, and approved by a majority of the votes cast thereon at the general election held on the 8th day of November, 1910. There were 44,538 votes cast for said amendment and 39,399 against, and was proclaimed by the Governor on December 3, 1910. NOTE. As shown by Section 2, Article VII, as amended, above given, the courts and other officers created under said article before amendment are continued until changed by law. The following sections of the original article relating to elective officers are therefore given. 11. County Judges and Terms of County Court. There shall be elected in each county, for the term of four years, a county judge, who shall hold the county court at times to be regulated by law. 15. County Clerk, Etc. Legislature May Divide Duties of County Clerk. A county clerk shall be elected in each county for the term of two years, who shall keep all the public records, books, and papers of the county, record conveyances, and perform the duties of clerk of the circuit and county courts, and such other duties as may be prescribed by law ; but whenever the number of voters in any county shall exceed twelve hundred, the legislative assembly may authorize the election of one person as clerk of the circuit court, one person as clerk of the county court, and one person recorder of conveyances. 16. Sheriff. A sheriff shall be elected in each county for the term of two years, who shall be the ministerial officer of the circuit and county courts, and shall perform such other duties as may be prescribed by law. 17. Prosecuting Attorneys. There shall be elected by districts comprised of one or more counties, a sufficient number of prosecuting attorneys, who shall be the law officers of the State, and of the counties within their respective districts, and shall perform such duties pertaining to the administration of law and general police as the legislative assembly may direct. CONSTITUTION RELATING TO ELECTIONS, ARTICLE VIII. SUPERINTENDENT OF PUBLIC INSTRUCTION. 1. Superintendent of Public Instruction. The Governor shall be Superintendent of Public Instruction, and his powers and duties in that capacity shall be such as may be prescribed by law; but after the term of five years from the adoption of this Constitution, it shall be competent for the legislative assembly to provide by law for the election of a Superintendent, to provide for his compensation, and prescribe his powers and duties. ARTICLE X. MILITIA. 1. Militia; Qualifications. The militia of this State shall consist of all able-bodied male citizens between the ages of eighteen and forty-five years, except such persons as now are or hereafter may be exempted by the laws of the United States or of this State. 2. Who Exempt. Persons whose religious tenets or consciontious scruples for- bid them to bear arms, shall not be compelled to do so in time of peace, but shall pay an equivalent for personal service. 3. Officers. The Governor shall appoint the Adjutant-General and the other chief officers of the general staff, and his own staff; and all officers of the line shall be elected by the persons subject to military duty in their respective districts. 4. Staff Officers Governor to Commission. The Majors-General, Brigadiers-General, Colonels, or Com- mandants of regiments, battalions, or squadrons, shall sev- erally appoint their staff officers, and the Governor shall com- mission all officers of the line and staff ranking as such. 5. Legislature to Make Regulations for Militia. The legislative assembly shall fix by law the method of dividing the militia into divisions, brigades, regiments, bat- talions and companies, and make all other needful rules and regulations in such manner as they may deem expedient, not incompatible with the Constitution or laws of the United States, or of the Constitution of this State, and shall fix the rank of all staff officers. CONSTITUTION RELATING TO ELECTIONS. 23 ARTICLE XII. STATE PRINTER. 1. Election, Qualifications, Duties, Compensation, Etc. Laws may be enacted providing for the State printing and binding, and for the election or appointment of a State Printer, who shall have had not less than ten years' experience in the art of printing. The State Printer shall receive such compen- sation as may from time to time be provided by law. Until such laws shall be enacted the State Printer shall be elected and the printing done as heretofore provided by this Con- stitution and the general laws. NOTE. The above section was proposed by initiative petition filed in the office of the Secretary of State Feb. 3, 1906, and adopted by vote of the people 63,479 for, and 9,571 against, June 4, 1906. It went into effect upon proclama- tion of the Governor, June 25, 1906. ARTICLE XV. . MISCELLANEOUS. 1. Officers to Hold Until Successors Elected Exception. All officers except members of the legislative assembly shall hold their offices until their successors are elected and qualified. 2. Tenure of Office. When the duration of any office is not provided for by this Constitution, it may be declared by law ; and if not so declared, such office shall be held during the pleasure of the authority making the appointment. But the legislative assembly shall not create any office the tenure of which shall be longer than four years. 3. Oath of Officers. Every person elected or appointed to any office under this Constitution shall, before entering on the duties thereof, take an oath or affirmation to support the Constitution of the United States and of this State, and also an oath of office. ARTICLE XVII. AMENDMENTS. 1. Amendments to Constitution, How Made. Any amendment or amendments to this Constitution may be proposed in either branch of the legislative assembly, and 24 CONSTITUTION AND STATUTES RELATING TO ELECTIONS. if the same shall be agreed to by a majority of all the members elected to each of the two houses, such proposed amendment or amendments shall, with the yeas and nays thereon, be entered in their journals and referred by the Secretary of State to the people for their approval or rejection, at the next regular general election, except when the legislative assembly shall order a special election for that purpose. If a majority of the electors voting on any such amendment shall vote in favor thereof, it shall thereby become a part of this Constitu- tion. The votes for and against such amendment or amend- ments, severally, whether proposed by the legislative assembly or by initiative petition, shall be canvassed by the Secretary of State in the presence of the Governor, and if it shall appear to the Governor that the majority of the votes cast at said election on said amendment or amendments, severally, are cast in favor thereof, it shall be his duty forthwith after such canvass, by his proclamation, to declare the said amend- ment or amendments, severally, having received said majority of votes to have been adopted by the people of Oregon as part of the Constitution thereof, and the same shall be in effect as a part of the Constitution from the date of such proclama- tion. When two or more amendments shall be submitted in the manner aforesaid to the voters of this State, at the same election, they shall be so submitted that each amendment shall be voted on 'separately. No convention shall be called to amend or propose amendments to this Constitution, or to propose a new Constitution, unless the law providing for such convention shall first be approved by the people on a referendum vote at a regular general election. This article shall not be construed to impair the right of the people to amend this Constitution by vote upon an initiative petition therefor. The above section, which takes the place of the original sections 1 and 2, was proposed by initiative petition, filed in the office of the Secretary of State, February 3, 1906, and adopted by vote of the people, 47,661 for, and 18,751 against. June 4, 1906. It went into effect upon proclamation of the Governor, June 25, 1906. STATUTES RELATING TO ELECTIONS. OF THE TIME AND MANNER OF HOLDING ELECTIONS. 3303. Time of Election Officers to Be Elected. A general election shall be held in the several election precincts in this State on the first Tuesday after the first Monday in November, 1914, and biennially thereafter, at which there shall be chosen so many of the following officers as are by law to be elected in such year, namely: Electors of President and Vice-President of the United States, United States Senator in Congress, Representatives in Con- STATUTES RELATING TO ELECTIONS. 25 gress, Governor, Secretary of State, State Treasurer, Justice of the Supreme Court, Attorney General, Superintendent of Public Instruction, State Printer, State Engineer, Dairy and Food Commissioner, Commissioner of the Bureau of Labor Statistics and Inspector of Factories and Workshops, Com- missioners of the Railroad Commission of Oregon, Superin- tendents of Water Divisions, Judges of Circuit Courts, Dis- trict and Prosecuting Attorneys, State Senators, Representa- tives in the Legislative Assembly, county judges, county sup- erintendents of common schools, commissioners of county courts, county clerks, sheriffs, county treasurers, coroners, assessors, county surveyors, justices of the peace and con- stables, and such other State, district, county and precinct officers as are now or may hereafter be provided for 'by law. [L. 1913, Chap. 288, p. 552.] 3304. Election Precincts. It shall be the duty of the county court in the several counties of the State, at the regular December term pre- ceding the general election, to set forth and establish elec- tion precincts within the county. Said court may set off and establish within such county as many election precincts as may be deemed necessary or convenient, and they shall be desig- nated by numbers or names; provided, that no election pre- cinct shall contain more than 300 electors, as nearly as may be ascertained by the court, and shall particularly bound the same. [L. 1913, Chap. 288, p. 552.] 33O5. Election Judges Qualifications and Duties. The county court shall, at the regular term in January preceding a general election, appoint three judges and three clerks of election for each election precinct, to serve for the period of two years, and shall designate one judge to be chairman. Said judges and clerks shall each be duly qualified electors within the precinct for which they are appointed, able to read, write and speak the English language, not a candidate for an elective office to be voted for at the ensuing election. No more than two judges and two clerks shall be members of the same political party. At least 10 days before any election authorized by law the county court shall designate one polling place in each precinct and fill all vacancies that may happen among said judges and clerks by reason of death, removal from the precinct, disqualification or excusal by the board for good and sufficient cause. The said judges and clerks shall meet at eight o'clock a. m. at their respective polling places at the times prescribed by law for holding a general or special election, to act as judges and 26 STATUTES RELATING TO ELECTIONS. clerks of such election until relieved by the second board. [L. 1913, Chap. 288, p. 553.] 3306. Additional Judges and Their Meetings. In all election precincts in which were cast one hundred and fifty (150) or more ballots at the last general election, or in which the county court believes that many ballots will be cast at the next general election, the county court may likewise, at said January term, appoint a second or addi- tional board consisting of three judges and three clerks for each precinct, who shall hold their offices for two years, and who shall possess the same qualifications and exercise the same authority as the first board mentioned in Section 3305. The judges and clerks constituting the second board, for each precinct, shall meet at eight o'clock p. m. at their respective polling places as designated in the order appointing them, at the times prescribed by law for holding a direct primary election, a general or special election, and at the said hour of eight o'clock p. m. shall relieve and take the place of the said first board, and shall forthwith proceed to count and tally the ballots, in the manner prescribed by law. In case the count is not completed by eight o'clock a. m. of the next fol- lowing day, the said first board shall reconvene and relieve the second board, and continue said count until eight o'clock p. m., when, if the count is not yet completed, the second board shall reconvene and again relieve the first board, and so, alternately, until said boards have fully completed the count and certified the returns. Judges and clerks constitut- ing the first board, before being relieved by the second board at eight o'clock p. m. of the first day, shall certify and sign the poll books as required by Section 3324. The judges and clerks constituting the several boards shall number the bal- lots and count the tallies upon the tally sheets, as hereinafter provided, and certify the returns, so as to distinctly show the work of each board separately. [L. 1913, Chap. 288, p. 553.] 3307. List of Judges to Be Posted Remonstrances Election Notices. Immediately after the appointment of said judges and clerks at said January term, as required by Sections 3305 and 3306, the clerk of the county court shall make a com- plete list, and certify the same, showing the names of the judges and clerks so appointed for each precinct, and post the same in a conspicuous place in his office, and keep the same posted for three months. All electors shall thereupon be entitled to make and file with the county clerk, without STATUTES RELATING TO ELECTIONS. 27 charge, their objections, remonstrances and suggestions, in respect to said appointments, with a view to have said appoint- ments revised by the court. At 10 o'clock a. m. on the second Wednesday of the following term of the several county courts is hereby designated as the time at which the county court shall hear all objections, remonstrances and suggestions from electors in regard to the said appointments of the said judges and clerks, and the court shall continue in session from day to day, without permitting other business to inter- fere therewith, until all such objections, remonstrances and suggestions are heard and determined and the decisions of the court made and announced. When said appointments have been announced at said following term of the county court the county clerk shall forthwith make a complete and revised list of the judges and clerks so last appointed, and certify the same, showing the names of the judges and clerks so appointed for each precinct, and keep the same in a con- spicuous place in his office for two years for public inspec- tion. The clerk shall then immediately proceed and notify each of said appointees, by mail, of his appointment and request his acceptance in writing. The clerk shall procure a notification book, substantially in the following form, and use the same in notifying said appointees and preserving a record of the matter: Acceptance No . . . ( Note Any judge or clerk of election who accepts this appointment, and thereafter fails to attend and per- form his duties is subject to fine and imprisonment.) I hereby accept the appointment of .... of election for .... Precinct, .... County, Ore- gon, for two years from this . . . day of . ,19.. Stub No Name P. 0. Address. . Notice No. . . . To P. 0. Address . . Clerk, Judge or Chairman. Precinct No. . . , . . County, Oregon. Date of appoint- ment: You are hereby no- tified that the county court on , 19. .., ap- pointed you of Precinct No. . . , .... County, Ore- gon, to serve for two years. Please sign and return to me your acceptance of the office upon a t - tached blank. (L. S.) , Clerk of the Coun- ty Court for .... County, Oregon. Appointee. 28 STATUTES RELATING TO ELECTIONS. Immediately upon receipt of the acceptance of the appointee the clerk shall file the same and attach the acceptance to the stub. The judge or clerk of election who accepts his appoint- ment and thereafter fails to attend promptly and perform his duties as such clerk or judge shall be deemed in con- tempt of the court, and shall be summarily summoned to appear before the court, and in every case of willful neglect to serve shall be compelled to pay the costs of the proceeding, and shall be fined and imprisoned, not exceeding $50 and one month in the county jail, in the discretion of the county judge. In case of the neglect or omission of the appointee to accept the appointment within two weeks after being noti- fied, the court shall proceed to appoint some other qualified person, pursuing the same open, public and fair method as in the first instance, and likewise in the case of vacancies happening during the term of two years by resignation, death or removal from the county. The Secretary of State shall, not less than 45 days before any general election, and not less than 20 days before any special election, prepare and furnish to each county clerk a statement showing the several State and district offices to be filled in his county at such election. It shall be the duty of the county clerk 30 days before any general election, and at least 10 days before any special elec- tion, to prepare printed notices of the election and mail two of said notices to each judge and each clerk of election in each precinct, and it shall be the duty of the several judges and clerks to immediately post said notices in public places in the respective precincts. Said notices shall be in the following form : ELECTION NOTICE. Notice is hereby given that on the , 19 . . . . , at the in the precinct of , in the county of , Oregon, , (insert character) election will be held for State, district, county, precinct and other officers, namely, (here name the offices to be filled) ; which election will be held at eight o'clock in the morning and will continue until eight o'clock in the afternoon of said day. Dated this day of 19 , County Clerk. [L. 1913, Chap. 288, p. 554.] STATUTES RELATING TO ELECTIONS. 29 3308. Oath of Judges and Clerks. Before entering upon the discharge of their duties, the said judges and clerks shall each take and subscribe the following oath in each of the poll books, which oath shall be administered by any officer authorized to administer oaths, or the chairman, if he be present, and if not, then by one of the judges: "I, - , do solemnly swear (or affirm) that I will perform the duties of judge of election (or clerk, as the case may be), according to law; that I will studiously endeavor to prevent fraud, deceit, and abuse in conducting the election." 3309. Absent Judge Place, How Filled. In case one or more of such judges of election shall not be present at the time prescribed by law, the other judges and the clerks of the board who are present shall, viva voce, elect a qualified person to act as judge of election until the tardy appointee arrives, and in case he does not arrive within one-half hour, to serve in his stead. The person so chosen, in addition to his other qualifications, shall be of the same political affiliation as the absent official. The new appointee shall take and subscribe the official oath before acting. The compensation allowed the substitute shall be deducted from the pay of the tardy official. 3310. Absent Clerk's Place Filled Extra Pens and Pencils Removed. In case one or more of said election clerks shall not be present at the time prescribed by law, the judges of the election board shall, viva voce, elect a qualified person to act as clerk of election until the tardy appointee arrives, and in case he does not arrive within one-half hour, to serve in his stead. The person so chosen, in addition to the other quali- fications, shall be of the same political affiliation as the absent official. The new official shall take and subscribe the official oath before acting. The -compensation allowed the substitute shall be deducted from the pay of the tardy official. While the counting is being conducted, no one of the board shall be allowed to have at or in his hands any pencil or pen of any kind, except the clerks keeping the official tally sheets and the third judge engaged in numbering and signing his name on the back of each ballot after it is counted and handed to him, and the clerks and the third judge shall have and use only pen and ink. All extra pens and all pencils shall be removed from the place where the count is being conducted; provided, however, that candidates, or their duly appointed agents, to such reasonable number, not more than three, as apply to the judges, shall be allowed to have desk facilities 30 STATUTES RELATING TO ELECTIONS. outside the guard rail, but near enough to distinctly hear the chairman as he reads aloud each ballot, so they may be able to keep a private tally sheet in accord with the official clerks. The chairman and the second judge, especially, shall not have any pen or pencil at hand, or in their hands, during the time of taking out, unfolding, and reading and counting the several ballots. 3311. Opening and Closing Polls Conduct of Election and Count. All general, special and presidential elections held in this State shall be conducted under the provisions of this act, and the polls shall be opened at the hour of eight o'clock in the forenoon and continue open until eight o'clock in the afternoon of the same day, at which time the polls shall be closed. Prior to opening the polls the chairman of said judges of election shall make public proclamation of the same, and 30 minutes before closing of the polls public procla- mation shall be made by the same officer that the polls will be closed in half an hour. The judges, in their discretion, may adjourn the polls at one o'clock for one hour, proclama- tion of the same being made, but the judges and clerks shall keep together, and at no time shall more than one of them be out of the presence of the others. The ballot boxes, poll- books, ballot stubs and tally sheets shall be constantly kept together in the presence and view of at least four of the said officers, and the candidates and persons duly appointed, as provided in Section 3320, from the opening of the polls until the count is completed and the returns signed and sealed as hereinafter provided; and after the count has once begun it shall continue until fully completed, without any adjournment, and in the presence of all judges and clerks and persons duly authorized to be present. [L. 1913, Chap. 288, p. 556.] 3312. Certificates of Nomination. In all special elections the certificate of nomination may be filed at any time between the date of the writ authorizing the election and ten days previous to the time of holding the election, and in all other matters and proceedings therein the provisions of this act shall apply, so far as the same are applicable, to such special election. See note to Section 3303. 3313. Challenges. It shall be the duty of each judge or clerk of election, or any elector present, to challenge any person offering to vote whom he shall know or suspect not to be qualified as an elector. STATUTES RELATING TO ELECTIONS. 31 3314. Oath and Examination of Elector. If a person offering to vote is challenged as unqualified by any one enumerated in Section 3313, the chairman of the said judges shall administer to him the following oath or affirmation : "You do solemnly swear (or affirm) that you will fully and truly answer all such questions as shall be put to you touching your place of residence and qualifications as an elector at this election." The chairman shall then propound such questions to the person challenged as may be necessary to test his qualifica- tions as an elector at that election. The judges may hear such other testimony and consider such other evidence as is proper upon the question. If all the judges can not agree, the majority of the judges shall decide the matter. School elections are not governed by the provisions of the general election laws, and if a qualified elector is challenged, the judge is under no obligation to determine his right to vote as would be required at a general or special election: Breeding v. Williams, 37 Or. 433, 61 Pac. 858. 3315. Refusal to Answer. If the person so challenged shall refuse to answer fully any question touching his qualifications as an elector which shall be put to him, the judges shall reject his vote. 3316. Oath of Qualification. If the challenge be not withdrawn after the person offering to vote shall have answered the questions put to him as afore- said, the chairman of said judges shall administer to him the following oath: "You do solemnly swear (or affirm) that you are a citizen of the United States, or have declared your intention to become such, one year next preceding this election; that you are of the age of twenty- one years; that you have been a resident of this State for six months next preceding this election; that you now reside in this precinct; that you have not yet voted at this election, and that your true name is as you represent it to be." If the elector only claims the right to vote for State, or district and State, officers, the oath shall be modified accord- ingly. 3317. Record of Challenge. Whenever any person's right to vote shall be challenged, and he has taken the oath prescribed by Section 3316, and if it is at a nominating election, then with the addition of the words "and that I am in good faith a member of the political party with which I am registered" it shall be the 32 STATUTES RELATING TO ELECTIONS. duty of the clerks of election to write in the poll books at the end of such person's name the words "challenged and sworn," with the name of the challenger. Thereupon the chairman of the board of judges shall write upon the back of the ballot offered by such challenged voter the number of his ballot, in order that the same may be identified in any future contest of the results of the election, and be cast out if it shall appear to the court to have been for any reason wrongfully or illegally voted for any candidate or on any question. And such mark- ing of the name of such challenged voter, nor the testimony of any judge or clerk of election in reference thereto, or in refer- ence to the manner in which said challenged person voted, if said testimony shall be given in the course of any contest, investigation or trial wherein the legality of the vote of such person is questioned for any reason, shall not be deemed a violation of Section 3414. 3318. Rules to Determine Qualification. The judges of election, in determining the residence and qualifications of persons offering to vote, shall be governed by the following rules, so far as the same may be applicable: 1. The place shall be considered and held to be the resi- dence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning. 2. A person shall not be considered or held to have lost his residence who shall leave his home and go into another State or Territory or county of this State for a temporary purpose only. 3. A person shall not be considered or held to have gained a residence in any county of this State into which he shall come for temporary purposes only, without the intention of making said county his home, but with the intention of leav- ing the same when he shall have accomplished the business that brought him into it. 4. If a person remove to any other State, or to any of the territories, with the intention of making it his permanent home, he shall be considered and held to have lost his resi- dence in this State. 5. The place where a married man's family reside shall be considered and held to be his residence. 6. The place where an unmarried man sleeps shall be con- sidered and held to be his residence. 7. If a person shall go from this State into any other State or Territory and there exercise the right of suffrage, he shall be considered and held to have lost his residence in this State. 8. All qualified electors shall vote in the election precinct in the county where they may reside for county officers, and in STATUTES RELATING TO ELECTIONS. 33 any county in the State for State officers, or in any county of a congressional district in which such electors may reside for members of Congress. 3319. Ballot Boxes to Be Opened Before Voting Begins Keys. It shall be the duty of the judges of election or the chair- man thereof, immediately before proclamation is made of the opening of the polls, to open the ballot boxes in the presence of the people there assembled, and turn the same upside down so as to empty the said boxes of anything that may be in them, and then lock said boxes securely, and they shall not be reopened until for the purpose of counting the ballots therein at the close of the election. During the election one of the judges, other than the chairman, shall have the custody of the keys. 3320. Restrictions Within Fifty Feet of Polls. In all incorporated cities and towns in this State no person shall approach or stand within fifty feet of the polls when open for the purpose of receiving votes, except such peace officers as are particularly selected or appointed by the judges to preserve order or enforce the law within such limits, and electors actually desiring and proceeding to vote, and but ten electors shall be permitted to approach the polls within fifty feet at the same time; provided, however, that the said judges of election shall, if requested, permit one person from each political party, selected by the party, to stand outside of the guard rail at the polls, while open for receiving votes, for the purpose of challenging voters ; and the said judges of election shall, if requested, permit the respective candidates, or some person selected by a candidate or by several candi- dates, or by a political party, to be present in the room, but outside of the guard rail, where the said judges are during the time of receiving and counting the votes. Such selection shall be evidenced by a writing signed by the chairman and secretary of such political party, or by the candidate or candi- dates, and presented to and filed with the judges. 3321. Powers of Judges of Elections to Punish Offenses. For the purpose of holding elections and preserving order at the polls, the judges of election are hereby appointed and invested with the jurisdiction and authority of justices of the peace during the time of holding elections, and they, or a majority of them, are hereby authorized to impose and enforce a fine not exceeding $50 for each offense, to be applied to the benefit of the school fund, on any person or persons who Sig. 2: 34 STATUTES RELATING TO ELECTIONS. shall conduct themselves in a disorderly or riotous manner at the polls, and shall persist in such conduct after having been warned of the consequences, or who shall refuse to move from the polls fifty feet when directed, or on any person who shall be detected in the commission, in the immediate presence of the judges, of any offenses defined by this act, and on the refusal or neglect to forthwith pay the same to the chairman to commit him or them to the common jail of the county for any time not exceeding twenty-five days, or until the fine is paid ; and the sheriff, deputy sheriff, constable, and jailor, and policeman of any incorporated city or town, are hereby required to forthwith execute said order as though it had been issued by a magistrate in due form of law. If no sheriff, deputy sheriff, constable, or policeman be present, the judges may appoint a special constable or constables to execute their orders. 3322. Compensation of Election Officers. There shall be allowed by the county court of each county to the several judges and clerks of election $3.00 per day while holding elections, and to the person carrying the poll book, tally sheet, ballot boxes, and ballot stubs and other property from the place of election to the clerk's office, the sum of ten cents per mile for going and returning, to be paid out of the county treasury ; and each county court shall audit and pay out of the county treasury such fees as the services performed by the county clerk and the sheriff, under this act are, in the judgment of the county court, reasonably worth; also such other necessary expenses as are incurred by such officers in carrying out the provisions of this act. 3324. Form of Poll Books Names of Electors to Be Certified. The following shall be the form of the poll books to be kept by the judges and clerks of election under this act: POLL BOOK OF THE ELECTION HELD IN PRECINCT IN THE COUNTY OF ON THE DAY OF IN THE YEAR 19 State of Oregon, County of , Precinct, ss. We, and , judges of said election, being first duly sworn, severally say upon oath, I will perform the duties of judge of election according to law, and that I will studiously endeavor to prevent fraud, deceit and abuse in conducting the election. , Chairman. , Judge. , Judge. Subscribed and sworn to before me this day of , 19 STATUTES RELATING TO ELECTIONS. 35 State of Oregon, County of , Precinct, ss. We, and , clerks of said election, being first duly sworn, severally say upon oath, I will perform the duties of clerk of election according to law, and that I will studiously endeavor to prevent fraud, deceit and abuse in conducting the election. , Clerk. , Clerk. Subscribed and sworn to before me this day of , 19 A. B., chairman, C. D. and E. F., the judges, and G. H. and J. K., clerks of said election, were respectively sworn (or affirmed) according to law, previous to their entering on the duties of their respective offices. NUMBER AND NAMES OP ELECTOR. No. 1. (Name of elector. ) No. 2. (Name of elector.) No. 3. (Name of elector.) We hereby certify that the number of electors who voted at the above polling place and election was as follows: Voted for State, district, county, and precinct officers (No.) Voted for district and State officers) (No.) Voted for State officers (No.) Total number of ballots cast (No.) , Chairman. , Judge. , Judge. , Clerk. (Who kept this poll book.) (Who kept the other poll book.) Immediately after the close of the polls the names of the electors who voted shall be counted, and the number written and certified in each of the poll books at the end of the list, and the same shall be immediately signed by the chairman and each of the judges and clerks in the manner indicated above. The official returns or canvass when duly certified is prima facie evidence that the result is as declared. As against ballots not properly kept and the identity of which is not shown, such official canvass, though secondary is the better evidence ; but the official canvass, unless made so by statute, is never conclusive. When it is shown, however, that the ballots have not been tampered with, they are the best evidence: Hartman v. Young, 17 Or. 155, 20 Pac. 17, 11 Am. St. Rep. 787, note. 3325. Ballots Read, Counted, Tallied, and Strung. Within one hour after the poll books are signed in the manner prescribed in Section 3324, if there is but a single board, but if there is a second board, then the second board shall proceed forthwith to read and tally each ballot. Only one ballot shall be removed from the ballot box at one time, and it must be fully read, counted, and tallied before another ballot is removed from the box. The chairman shall take out one ballot and shall immediately read and announce distinctly while the ballot remains in his hands, and while one of the 36 STATUTES RELATING TO ELECTIONS. judges, not of the same political party as the chairman, and such bystanders as have a right to be present outside the guard rail, overlook the ballot; first, the number correspond- ing with the printed name, and also the surname of the person voted for, for each office; second, the name of each person whose name has been written in the ballot, and the name of the office for which the ballot is to count ; then deliver the bal- lot to the second judge, who shall examine the same, and who shall pass it to the third judge, who shall also examine the same, and immediately fold it and sign his name upon the outer back of the ballot, and number it consecutively in the order in which it is counted, with pen and ink, and string it on a strong string and carefully preserve the same; and the same method shall be pursued in respect to each of the ballots in the ballot box. The ends of the string upon which the ballots have been strung shall then be securely knotted together, united and sealed under the official signatures and seals of the judges and clerks who counted it. The blank seals of the judges and clerks shall be supplied in the first instance by the Secretary of State, and by the county clerk later, in suitable quantities along with the other election supplies. They shall be made of paper, kind, quality, etc., known to the trade as flat writing paper, white manila, sixteen-pound folio, cut into sizes for each seal of about five and one-half inches by seven inches. On one side they shall be well coated over the whole surface with a good quality of fish glue. On the opposite shall be printed the following so arranged that the signatures of the judges and clerks of election shall be in the middle portion of the seal, to wit: FORM. NOTE. It is a felony to forge or alter this seal, or for any person to break this seal contrary to law. Official seal of the board of judges and clerks of election precinct No , Board No. , Chairman. , Judge. , Judge. , First Clerk. , Second Clerk. , Third Clerk. In the county of... ...., Oregon, held on the day of , 19 NOTE. The judges and clerks are not to sign this seal until just before using tin- same and all blank seals not used by judges shall be destroyed by fire as soon as the returns are completely sealed. STATUTES RELATING TO ELECTIONS. 3326. Form of Tally Sheet Tally, How Made and Certified. The following shall be the form of the tally sheets kept by the judges and clerks of the election under this act: Tally sheet of the election held at precinct, in the county of , on the day of , in the year of 19 , containing the number and name of each person voted for, the par- ticular office each person was voted for, the total number of votes cast for each candidate. The tally or count, as it is kept by each of the clerks, shall be audibly announced as it proceeds, and it shall be kept in the manner and form as follows: No. Names of candidates ffi "SSJiE? ? Tally r> No. Tally 10 No. Tally 15 12 It 12 lii 13 13 18 18 14 14 J4 14 The columns for the numbers 12, 13, 14, etc., shall not be over three-eighths [of an] inch wide. The columns of the tallies shall be three-eighths [of an] inch wide, the lines shall be three-eighths [of an] inch apart; every ten lines the cap- tions of the column shall be reprinted between double ruled lines in bold-faced small pica, and all the figures shall be printed in bold-faced small pica. The tally sheets shall con- clude with the following form of certificate: We hereby certify that at the above election and polling places each of the foregoing named persons received the number of votes set opposite his name as above set forth for the office specified. , Clerk. (Who kept this sheet.) ., Chairman. , Judge. , Judge. , Clerk. , Clerk. (Who kept the other sheet.) During the counting of the ballots each clerk shall, with pen and ink, keep tally upon one of the above tally sheets, and shall total the number of tallies and write the total in ink, immediately to the right of the last tallies for each candidate, and also in the columns headed "total vote," and shall prepare the certificate thereto above indicated; and immediately upon the completion of the count all the clerks shall sign the tally 38 STATUTES RELATING TO ELECTIONS. sheet, and each of them shall certify which sheet was kept by him; and the chairman and the judges, being satisfied of the correctness of the same, shall then sign all three of said tally sheets. The clerks shall then prepare a statement of that por- tion of all the tally sheets showing the number and name of each candidate and the office and total votes received by each in the precinct, and shall prepare the certificate thereto, which statement shall be signed by the judges and clerks to complete the count, and shall be immediately posted in a conspicuous place on the outside of said polls, there to remain for ten days. When two boards of judges and clerks participate in the count- ing of the ballot, each board shall keep and certify its own separate tally sheets. When one board is relieved by the other board, the retiring board shall, before adjourning, total up the tallies representing the ballots so far counted for each candidate, and a memorandum of the total vote received by each candidate shall be noted on the tally sheet in ink, immediately above the last tallies for each candidate, all done in ink, but in such a manner as not to render the tally sheet unfit for continuing the count upon the reconvening of the board. During the recess the chairman and the second judge of the board shall each have the custody of one of the tally sheets, and the third sheet shall be deposited in the ballot box, all three sheets being kept sealed under the official seal of the board until the board reconvenes. When it is seen which board will have to complete the count, the outgoing board shall complete the addition and certifications upon its tally sheets, and deliver two sets of its tally sheets to the chairman of the board which is to complete the count of the ballot. The third tally sheet shall be sealed under the official seal of the board, indorsed on the outside to identify it, and retained by the chairman of the board which made and certified it, to be kept by him safely, subject to the control of the proper court. 3327. Ballot Boxes, Tally Sheets, and Ballots, Provisions Con- cerning. Immediately after canvassing the votes in the manner aforesaid, the judges and clerks to complete the count before they separate or adjourn, shall inclose the poll books in separate covers and securely seal the same. They shall also inclose the tally sheets in separate envelopes and seal the same securely. They shall also envelope all the ballots strung on strings, as aforesaid, and seal the same securely ; and they shall, in writing, with pen and ink, specify the contents, and address each of said packages upon the outside thereof to STATUTES RELATING TO ELECTIONS. 39 the county clerk of the county in which the election precinct is situated. When two boards participate in counting the ballots, each board, before taking recess, shall knot the ends of the string upon which the ballots which it has counted are strung, and seal the knotted ends under the official seal of the board upon the back of the uppermost ballot. They shall then envelope the bunch of ballots and securely seal the package under their official seal, and leave the same with the ballot boxes until the count is completed. These sealed packages of counted ballots shall be marked on the outside, showing what numbers are contained therein, but once sealed they are not to be opened by any one until so ordered by the proper court. When the count is completed, the ballots, counted and sealed, and enveloped and marked for identifica- tion as aforesaid, shall be packed in the two ballot boxes, and nothing else shall be put into the boxes. The boxes shall then be locked, and the official seal of the board which finally completed the count shall be pasted over the keyhole and over the rim of the lid of the box, so that the box cannot be opened without breaking the seal. Thereafter neither the county clerk nor the canvassers making abstracts of the votes, shall break said seals upon the ballot boxes, nor shall any one break the seals on the boxes or the ballots, except upon the order of the proper court in case of a contest, or upon the order of the county court when the boxes are needed for the next election. 3328. Custody of Tally Sheets and Poll Books. One complete set of the tally sheets and the poll book which was kept by the second clerk, ballots and stubs, ballot boxes and remaining supplies, shall be forthwith conveyed by one of the judges or clerks of election, to be agreed upon for that purpose by the judges, to the county clerk of the county. The remaining complete set of the tally sheets and poll book, inclosed in an envelope and cover, and sealed securely as aforesaid, addressed and indorsed on the outside so that the same can be identified, shall be forthwith deposited with one of the judges, not of the same political party as the judge or clerk who conveys the duplicates to the county clerk, to be kept by him safely, subject to the control of the proper court. When two boards have been engaged in counting the ballots, the judges completing 'the count shall attach the two sets of tally sheets together, and transmit and deposit the completed sets. The chairman of each board shall keep the third tally sheet of his own board, sealed and indorsed on the outside so that the same can be identified, in his possession, subject to the control of the proper court. 40 STATUTES RELATING TO ELECTIONS. 3329. Only White Ballots Counted. In the canvass of the votes only white ballots furnished under the provisions of this act shall be counted, and any ballot from which it is impossible to determine the elector's choice for any of the offices shall be void and shall not be counted. 3330. Rejected Ballots. The judges shall carefully envelope all ballots cast which are rejected or defective and not counted for any office, and seal the same securely and address the same to the county clerk and indorse the same so that they may be identified, and shall transmit the same along with the other ballots to the county clerk, as aforesaid. The chairman shall write with pen and ink upon the back of every such ballot, immedi- ately after the same is discovered, the words, "wholly defec- tive," and sign his initials thereto. 3331. Partially Defective Ballots. Any ballot from which it is impossible to determine the elector's choice for a part of the offices shall be counted for such part, but the remainder of the ballot from which it is impossible to determine the elector's choice shall be void as to such defective part, and such defective part shall not be counted. The judges shall disregard misspelling or abbrevi- ations of the names of candidates for office if it can be ascertained from such ballot for whom it was intended. Every such ballot not counted for any party shall be immediately indorsed on the back thereof with pen and ink by the chair- man "Not counted for " (stating what office or offices), who shall sign his initials thereto. 3332. Ballots in Wrong Box. In the canvass of the votes all ballots found in the box marked "State and District," which are marked "State," as provided in Section 3406, shall be considered and counted only for such State offices as are to be filled at the election, and all ballots so marked "State and District," as provided in said Section 3406 shall be considered and counted only for such State and district offices as are to be filled at the election, and the names of persons thereon for other than State and district offices shall not be considered or counted. STATUTES RELATING TO ELECTIONS. 41 OF THE NOMINATION OF CANDIDATES. 3333. Nomination by Political Party or Elector. Any political party, and any assembly of electors as herein- after defined, and also individual electors to the number hereinafter specified, by causing a certificate of nomination to be duly prepared and filed in the manner hereinafter provided, may nominate one candidate for each public office to be filled at the election, whose name shall be placed upon the ballots to be furnished as hereinafter provided. A political party within the meaning of this act is an affiliation of electors representing a political party which, at the general election next preceding, polled at least five per cent of the entire vote cast in the State, county, precinct, or other electoral district for which the nomination is made for representative in Congress, or which shall present a petition with the sig- natures of at least five per cent of the electors of that district, stating their intention to form a new political party, giving the designation thereof. An assembly of electors- within the meaning of this act, is an organized body of not less than one hundred electors of the State or electoral division thereof for which the nomination is made. 3334. Certificates of Nomination Verified by Affidavit. Every such certificate of nomination made by such political party or assembly may contain the name of one candidate for each office to be filled at the election. It shall state such facts concerning the party or assembly as are required by Section 3333 for its acceptance, and as are required to be stated therein by Section 3336. In conclusion, it shall be signed by the presiding officer and secretary of the party or assembly by which it purports to be made, and an affidavit shall be made thereon by such presiding officer and secretary, and subscribed and sworn to (or affirmed) by them before some person authorized to adminnster oaths, to the effect that the statements therein are true, and the certificate of the oath or affirmation shall accompany the certificate of nomination. 3335. Percentage of Electors to Nominate. Every such certificate of nomination made by individual electors, as aforesaid, of a candidate for any office to be filled by the electors of the State at large, or for members of Congress, shall be signed by not less than two per cent of the electors of the State or congressional district; and of a candidate for an office to be filled by the electors of an electoral district or county of the State, shall be signed by 42 STATUTES RELATING TO ELECTIONS. not less than three per cent of the electors of such district or county; and of a candidate for any office to be filled by the electors of a precinct or for the office of constable or justice of the peace, shall be signed by not less than three per cent of the electors of such precinct or justice -of the peace district. For the purpose of this section, the number of electors shall be determined by the vote last cast for Gov- ernor or presidential electors, as the case may be. Each elector signing a certificate of nomination shall add to his signature his place of residence, with the street and number thereof, if any, and each elector shall be qualified to subscribe to only one such certificate of nomination for each office to be filled at the election. Except in the case of electors of President and Vice-President of the United States, every such cer- tificate of nomination made by individual electors shall con- tain the name of only one candidate. At least two of the signers to each such certificate of nomination made by indi- vidual electors shall swear (or affirm) before some person authorized to administer oaths that the statement and signa- tures therein are true, and that the requisite number of sign- ers thereto are qualified to make such nomination, and the certificate of such oath or affirmation shall be annexed to the certificate of nomination. 3336. What Certificates of Nomination Shall State. All certificates of nomination shall state such facts as are required by this act, and also 1. The name of the candidate; 2. The office for which he is nominated; 3. The party or political principle which he represents, expressed in not more than three words; 4. His place of residence, with street and number thereof, if any; Tn the case of electors of President and Vice-President of the United States, the names of the candidates for President and Vice-President they represent may be added to the party or political appellation, and the names of all the nominees for electors of President and Vice-President may be upon the same certificate of nomination. 3337. Qualifications of Nominating Electors. No person who is not an elector shall be qualified to join in nominating any candidate. No elector shall be qualified to join in a certificate of nomination made by individual electors in nominating more than one person for each office to be filled. No person shall be qualified to be a candidate for more than one office to be filled at the same election. STATUTES RELATING TO ELECTIONS. 43 3338. Acceptance of Nomination. A certificate of nomination may be accompanied by the acceptance of the nominee, in which case the acceptance shall be indorsed upon the certificate of nomination and signed by the nominee, or it may be by a letter or telegram from the nominee attached to the certificate of nomination and filed therewith. If the certificate of nomination is not thus accom- panied by the acceptance of the nominee, he may at any time after the certificate of nomination is filed and before the time for filing nominations for such office has expired, file his acceptance thereof in the same manner in the same office where the certificate of nomination is filed. The officer with whom it is filed shall indorse the same and attach it to the certificate of nomination to which it refers. Several different certificates of nomination may thus be filed nominating the same person for the same office, and the person so nominated may accept one or more of said nominations; but unless such nominee accepts a nomination in some one of the ways and within the time aforesaid, it shall not be considered as completed. 3339. Certificates of State Nomination When Filed. All certificates of nomination of candidates for the office of Elector of President and Vice-President of the United States, United States Senator in Congress, Represen- tative in Congress, Governor, Secretary of State, State Treas- urer, Justice of the Supreme Court, Attorney General, Super- intendent of Public Instruction, State Printer, State Engi- neer, Dairy and Food Commissioner, Commissioner of the Bureau of Labor Statistics and Inspector of Factories and Workshops, Commissioner of the Railroad Commission of Oregon, Superintendent of a Water Division, Judge of Circuit Court, District or Prosecuting Attorney or for State Senator or Representative in the Legislative Assembly, or other office to be voted for in the State at large or in a district composed of one or more counties, shall be filed with the Secretary of State. If such certificate of nomination be made by a con- vention or assembly it shall be filed with the Secretary of State not more than one hundred (100) days and not less than fifty-five (55) days before the day fixed by law for the elec- tion. If such certificate of nomination be made by individual electors, it shall be filed with the Secretary of State not more than one hundred (100) and not less than forty (40) days before the day fixed by law for the election. [L. 1913, Chap. 199, p. 387.] ; 44 STATUTES RELATING TO ELECTIONS. 3340. Certificates of District Nominations, Not Congressional AVheii Filed. All certificates of nomination of candidates for county offices and district or precinct offices within the county shall be filed with the county clerk of the county. If such certificate of nomination be made by a political party or assembly, it shall be filed with such county clerk not more than one hundred (100) days and not Jess than forty (40) days before the day fixed by law for the election. If such cer- tificate of nomination be made by individual electors, it shall be filed with such county clerk not more than one hundred (100) days and not less than twenty-five (25) days before the day fixed by law for the election. [L. 1913, Chap. 199, p. 388.] 3341. Register of Nominations. Immediately after each certificate of nomination is filed, the county clerk shall enter in a book marked "Register of Nominations," the date when the certificate was filed with him, the name of each candidate, the office for which he is nominated, and the name of the party or convention or assem- bly making the nomination, together with the names of the chairman and secretary certifying the same; and in case the certificate of nomination is made by individual electors, the names of the two signers who make oath thereto, and the total number of signatures thereto. As soon as the acceptance or withdrawal of the candidate is filed it shall also be entered upon said register. 3342. Copies of Records. All such certificates of nomination, acceptances, and with- drawals, as soon as filed, shall be public records, and shall be open to public inspection under proper regulations ; and when a copy of any certificate of nomination, acceptance, or with- drawal is presented at the time the original is filed, or at any time thereafter, and a request is made to have such copy compared and certified, the officer with whom such certificate of nomination was filed shall forthwith compare such copy with the original on file, and, if necessary, correct the copy and certify and deliver the copy to the person who presented it. All certificates of nomination, acceptances, withdrawals, poll books, tally sheets, ballots, and ballot stubs shall be pre- served as other records are, for two years after the election to which they pertain, at which time, unless otherwise ordered or restrained by some court, the county clerk shall destroy the ballots and ballot stubs by fire, without any one inspecting the same. STATUTES RELATING TO ELECTIONS. 45 3343. Withdrawing Nomination. Any person who has been nominated and accepted some nomination, as provided in this act, may cause his name to be withdrawn from nomination at any time prior to the election, by a writing declining the nomination, stating the reason, signed and acknowledged by him before some officer author- ized by the laws of this State to take acknowledgments of deeds, and certified by such officer, and by filing the same with the Secretary of State or the county clerk or clerks with whom the certificate nominating him as a candidate was filed. Such withdrawal may be sent by telegram to the Secretary of State through a county clerk, as provided by Section 3346, in case of certificates of nomination. 3344. Notice of Death or Withdrawal. If any person nominated as herein provided dies or with- draws before the day fixed by law for the election, and the fact of the death becomes known to the satisfaction of the officer, the Secretary of State or county clerk or clerks in whose office the certificate of nomination nominating such person was filed, shall forthwith give notice by posting a certificate of the fact in a conspicuous place in his office. In every such case the name of the candidate who has died or withdrawn shall not be printed upon the ballots, and if already printed, shall be erased or canceled before the ballots are delivered to the electors. 8 3345. Nomination to Pill Vacancy. If the original nomination thus vacated was made by a political party or assembly, and [such] party or assembly can reconvene, it may fill the vacancy before the day fixed by law for the election. If the party or assembly has delegated to a committee the power to fill such vacancies, such committee may likewise fill the same. In every case where the original candidate dies or withdraws, as many certificates of nomina- tion made by electors to fill the same office shall be filed as are duly presented to the proper officer before the day fixed by law for the election. The certificate to fill such vacancy shall substantially conform with the requirements for an original certificate of nomination, and shall be filed with the same officer the original certificate was filed with. 3346. Certificate to Fill Vacancy How Filed. When such original certificate of nomination thus vacated was filed with the Secretary of State, the certificate to fill the vacancy thus occasioned shall be filed with him, and it may be 46 STATUTES RELATING TO ELECTIONS. __ _ . - filed directly with the Secretary of State or in the following manner: It may be presented in duplicate to any county clerk, who shall file one of the certificates in his office, and upon being tendered the cost of transmitting the same, it shall be the duty of such county clerk to forthwith cause the certificate of nomination to be telegraphed to the Secretary of State and repeated back, and he shall also forthwith mail the duplicate thereof by registered letter to the Secretary of State. The Secretary of State shall file said telegraph copy of the certificate the same as if it was the original, and he shall also file the duplicate when the same arrives by mail. The Secretary of State shall, in certifying the nomination to the several county clerks, omit the name or names of all such candidates filed with him who die or withdraw, as aforesaid, and instead thereof he shall certify the name or names of the persons who have thus been nominated to fill such vacancy. In the event that he has already sent forth his certificate, he shall forthwith certify to each county clerk by telegraph if necessary, the name and residence of each person so nom- inated to fill such vacancy, the office he is nominated for, the party or principle he represents, and the name of the person for whom such nominee or nominees are substituted. Every county clerk shall proceed thereafter in conformity with said later certification. 3347. Arrangement and Notice of Nominations. Not more than forty (40) days and not less than thirty-five (35) days before the day fixed by law for the election the Secretary of State shall arrange, in the manner provided in this act for the arrangement of the names and other information upon the ballots, all the names and other information concerning all the candidates contained in the certificates of nomination which have been filed with him, and accepted by the nominees, in accordance with the provis- ions of this act, and he shall forthwith certify the same under the seal of the State and file the same in his office, and make and transmit a duplicate thereof by registered letter to the county clerk of each county in the State; and he shall also post a duplicate thereof in a conspicuous place in his office and keep the same posted until after said election has taken place. [L. 1913, Chap. 199, p. 388.] 3348. Arrangement of Ballots and Notice. Not more than twenty-five (25) days and not less than twenty-two (22) days before the day fixed by law for the election, the county clerk of each county shall arrange STATUTES RELATING TO ELECTIONS. 47 in the manner provided by this act for the arrangement of the names and other information upon the ballot, all the names and other information concerning all the candidates contained in the certificates of nomination which have been filed with him and accepted by the nominees, and which have been certified to him by the Secretary of State in accordance with the provisions of this act, and he shall forthwith certify the same under the seal of the county court and file the same in his office, and make and post a duplicate thereof in a con- spicuous place in his office and keep the same posted until after the election has taken place ; and he shall forthwith pro- ceed and cause to be printed, according to law, the colored or sample ballots and the white ballots required by this act. [L. 1913, Chap. 199, p. 358.] DIRECT PRIMARY NOMINATING ELECTIONS. 3349. Rules of Construction. The provisions of this law shall at all times be construed in such manner as shall make it operate as nearly as possible in accordance with the foregoing statement of the theory on which it is based. Whenever the provisions of this law in operation prove to be of doubtful or uncertain meaning, or not sufficiently explicit in directions and details, the general laws of Oregon, and especially the election and registration laws, and the customs, practice, usage, and forms thereunder, in the same circumstances or under like conditions, shall be followed in the construction and operation of this law, to the end that the protection of the spirit and intention of said laws shall be extended so far as possible to all primary elec- tions, and especially to all primary nominating elections pro- vided for by this law. 1. Primary Elections to Be Held on Third Friday in May. On the third Friday in May, of the year 1914, and biennially thereafter, there shall be held in the several election precincts of the State of Oregon, a general primary nominating election at which shall be nominated such State, district, county and precinct officers as are to be elected at the general election of that year. [L. 1913, Chap. 208, p. 399.] 2. Acts Heretofore Fixing Different Time Repealed. All acts and parts of acts in conflict herewith be, and the same are hereby repealed; provided, however, that nothing 48 STATUTES RELATING TO ELECTIONS. herein shall be construed as repealing any of the provisions of Chapter 5 of the General Laws of Oregon for the year 1911, relative to the selection of candidates for President and Vice- President of the United States, delegates to the national party conventions and Presidential electors, except that such candi- dates shall be selected on the day indicated in Section 1 of this act. [L. 1913, Chap. 208, p. 399.] 3350. When Primary Elections to Be Held. (Date Repealed by Last Two Sections.) On the forty-fifth day preceding any election (except special elections to fill vacancies, Presidential elections, municipal elections in towns or cities having a population of less than two thousand, and school elections) at which public officers in this State and in any district or county, and in any city having a population of two thousand or more at which public officers are to be elected, except as provided in Section 3354, as to time in certain cities and towns, a primary nominat- ing election shall be held in accordance with this law in the several election precincts comprised within the territory for which such officers are to be elected at the ensuing election, which shall be known as the primary nominating election, for the purpose of choosing candidates by the political parties, subject to the provisions of this law, for Senator in Congress and all other elective State, district, county, precinct, city, ward and all other officers, and delegates to any constitutional convention or conventions that may hereafter be called, who are to be chosen at the ensuing election wholly by electors within this State or any subdivision of this State, and also for choosing and electing the county central committeemen by the several parties subject to the provisions of this law. Provided: (a) In the years when a President and Vice-President of the United States are to be elected, said primary nominating election shall be held on the forty-fifth day before the first Monday in June of said year; and all laws pertaining to the nomination of candidates, registration of voters and all other things incident and pertaining to the holding of the regular biennial nominating election, shall be enforced and effected the same number of days before the first Monday in June that they were under the said nominating election law immedi- ately before the change in the date of the regular election from the first Monday in June to the first Tuesday after the first Monday in November. (b) When candidates for the offices of President and Vice- President of the United States are to be nominated, every STATUTES RELATING TO ELECTIONS. 49 qualified elector of a political party subject to this law shall have opportunity to vote his preference, on his party nominat- ing ballot, for his choice for one person to be the candidate of his political party for President, and one person to be the candidate of his political party for Vice-President of the United States, either by writing the names of such persons in blank spaces to be left on said ballot for that purpose, or by marking with a cross before the printed names of the persons of his choice, as in the case of other nominations. The names of any persons shall be so printed on said ballots solely on the petition of their political supporters in Oregon, without such persons themselves signing any petition, signature or acceptance. The names of persons in such political party who shall be presented by petition of their supporters for nomination to be party can- didates for the office of President or Vice-President of the United States, shall be printed on the nominating official ballot, and the ballots shall be marked, and the votes shall be counted, canvassed and returned in like manner and under the same conditions as to names, petitions and other matters, as far as the same are applicable, as the names and petitions of aspir- ants for the party nominations for the office of Governor and for United States Senator in Congress are or may be by law required to be marked, filed, counted, canvassed, and returned. (c) The members of the political parties subject to this law shall elect their party delegates to their national conven- tions for the nomination of their party candidates for Presi- dent and Vice-President of the United States, and shall nom- inate candidates for their party Presidential electors at such nominating election. The Governor shall grant a certificate of election to each of the delegates so elected, which certificates shall show the number of votes received in the State by each person of such delegate's political party for nomination as its candidate for President and for Vice-President. Nominating petitions for the office of delegate to the respective party national conventions, to be chosen and elected at said nom- inating election, shall be sufficient if they contain a number of signatures of the members of the party equal to one per cent of the party vote in the State at the last preceding election for Representative in Congress; provided, that not more than 500 signatures shall be required on any such petition. Every qualified voter shall have the right at such nominating election to vote for the election of one person and no more to the office of national delegate for his party, and to vote for the nomination of one aspirant and no more for the office of Presidential elector as the candidate of his party. A number of such candidates equal to the number 50 STATUTES RELATING TO ELECTIONS. of delegates to be elected by each party which is subject to the provisions of this law, receiving, respectively, each for himself, the highest number of votes for such office, shall be thereby elected. Every political party subject to the pro- visions of this law shall be entitled to nominate, at said nominating election, as many candidates for the office of Presidential elector as there are such officers to be elected; that number of aspirants in every such party who shall receive, respectively, each for himself the highest number of votes of his party for that nomination, shall be thereby nom- inated as a candidate of his political party for the office of Presidential elector. (d) Every delegate to a national convention of a political party recognized as such organization by the laws of Oregon, shall receive from the State treasury the amount of his travel- ing expenses necessarily spent in actual attendance upon said convention, as his account may be audited and allowed by the Secretary of State, but in no case to exceed $200 for each delegate; provided, that such expenses shall never be paid to any greater number of delegates of any political party than would be allowed such party under the plan by which the number of delegates to the Republican national convention was fixed for the Republican party of Oregon in the year 1908. The election of such national delegates for political parties not subject to the direct primary nominating elections law shall be certified in like manner as nominations of candi- dates of such political parties for elective public offices. Every such delegate to a national convention to nominate candidates for President and Vice-President, shall subscribe an oath of office that he will uphold the Constitution and laws of the United States and of the State of Oregon, and that he will, as such officer and delegate, to the best of his judgment and ability, faithfully carry out the wishes of his political party as expressed by its voters at the time of his election. [L. 1911, Chap. 5.] 8 3351. Election Precincts and Boards. The election precincts provided by Section 3304, and the judges and clerks and the polling places provided by Section 3305, shall be the same for the primary nominating elections provided for in this law, and it shall be the duty of the judges and clerks so provided for to act as such at all pri- mary nominating elections herein provided for, except as otherwise provided by Section 3354. In all election precincts in which second boards of judges and clerks have been or may be appointed as required by Section 3306, and in which an aggregate of more than 100 members of all or any of the STATUTES RELATING TO ELECTIONS. 51 political parties subject to the provisions of this law are reg- istered as such before the day of the primary nominating election, the said second board of judges and clerks shall meet at eight o'clock p. m. at their respective polling places, and thereafter the boards of judges and clerks shall proceed at the primary nominating election as required by said Section 3306 at a general election. [L. 1913, Chap. 198, p. 386.] 3352. Notices of Primary Elections. It shall be the duty of the Secretary of State not less than 45 days before any primary nominating election to perpare and furnish to each county clerk a statement show- ing the several State and district offices for which candidates are to be chosen in his county at such election by the political parties subject to this law, including delegates to any consti- tutional convention then called and delegates to the party national conventions, if any there be. The county clerk shall not less than 30 days before any primary nominating election prepare printed notices of such election and mail two of said notices to each judge and clerk of election in each precinct; and it shall be the duty of the several judges and clerks imme- diately to post said notices in public places in their respective precincts. Said notices shall be substantially in the following forms : PRIMARY NOMINATING ELECTION NOTICE. Notice is hereby given that on . . . . , the .... day of . . . . , 19. ., at the . . . ., in the precinct of . . . ., in the county of . . . . , Oregon, a primary nominating election will be held at which the (insert names of political parties subject to this law) will choose their candidates for State, district, county, precinct and other offices, namely (here name the offices to be filled, including a Senator in congress when the next Leg- islative Assembly is to elect a Senator, delegates to any con- stitutional convention then called, and candidates for county central committeemen to be elected) ; which election will be held at eight o'clock in the forenoon and will continue until eight o'clock in the afternoon of said day. Dated this day of , 19 ... County Clerk. [L. 1913, Chap. 198, p. 386.] 3353. Sections Applicable To. The provisions of Sections 3306, 3308, 3309, 3310, 3311, 3313, 3314, 3315, 3316, 3317, 3318, 3319, 3320, 3321, 3322, 3323, 3324, 3325, 3326, 3327, 3328, 3329, 3330, 52 STATUTES RELATING TO ELECTIONS. 3331, and 3332 shall apply to and are hereby made applicable to primary nominating elections under the provisions of this law, except in so far as they may be modified herein or be in conflict herewith, and each poll book at the primary nominat- ing election shall have a column headed with the name of each party so making its nominations, for writing in the voters party number as he receives his ballot, in addition to his general number; and provided, that for the purposes of the primary nominating elections, there shall be added to the form of oath prescribed by said Section 3316, the words: "And that you are in good faith a member of the political party with which you are registered." [L. 1911, Chap. 263.] 3354. Nominating; Elections for Municipal Offices Procedure. The nomination of candidates for municipal offices by the political parties subject to the provisions of this law, shall be governed by this law in all incorporated towns and cities of this State having a population of 2,000 and upward, as shown by the last preceding national or State census. All petitions by the members of such political parties for placing the names of candidates for nomination for such municipal offices on th^ primary nominating ballots of the several political parties shall be filed with the city clerk, recorder, or auditor, as the case may be, of said several towns and cities, and it shall be the duty of such officers to prepare and issue notices of election for such primary nominating elections in like manner as the several county clerks perform similar duties for nominations by such political parties for county offices at primary nominating elections; and in such towns or cities holding their municipal elections at the same time as any general election, it shall be the duty of said city clerk, recorder, or auditor, as the case may be, on the fifteenth day before the time of holding such primary nominating election, to prepare and certify and deliver to the county clerk of the county in which said city or town is situated, a list of the candidates for nomination who have filed valid petitions for nomination at such primary nominating election, and all the information in such petitions concerning the said candi- dates for nomination for municipal offices ; whereupon it shall be the duty of said county clerk to arrange in the manner provided by this law the names and information concerning all the candidates for such nomination for city offices con- tained in the certificate of said city clerk, recorder, or auditor ; to certify and post the same in his office, and to cause the same to be printed upon the sample ballots and upon the official ballots of the several political parties to be used at the several polling places within the limits of every such city STATUTES RELATING TO ELECTIONS. 53 or town, together with the names of the candidates for State, county, and district offices at such primary nominating elec- tion as required by this law, and conform to the general provisions of this law as nearly as may be; and in cities and towns containing a population of 2,000 and upward not hold- ing their municipal elections at the same time the general elections are held, the duties imposed by this law on the county clerk at primary nominating elections are hereby, as to all said last described towns and cities, designated to be the duties of the city clerk, recorder, or auditor, as the case may be, of said towns and cities as to primary nominating elections of the political parties subject to the provisions of this law; provided, that in such last named cities and towns the primary nominating election shall be held on the thirtieth day preceding their municipal elections. Under the provisions of this law the lawfully constituted legislative and executive authorities of cities and towns within the provisions of this section not holding their municipal elections at the same time the general elections are held, shall have such power and authority over the establishment of municipal voting precincts and wards, municipal boards of judges and clerks of election and other officers of their said municipal elections, and other matters pertaining to municipal primary nominating elections required for such cities and towns by this law, that such legis- lative and executive authorities have over the same matters at their municipal elections for choosing the public officers of said cities and towns ; and provided further, that nothing in this act contained shall be construed as altering or repeal- ing any provision of the charter of any such last described city or town providing for the appointment of judges and clerks of election by the council or other lawfully constituted authority of such city or town, or as altering or reuealing any of the provisions of Title XXVI, providing for the appointment of judges and clerks of election in towns and cities organized under the provisions of said Title XXVI. 3355. Proceedings at Close of Election Count. Immediately after the closing of the polls at a primary nominating election the names of the electors of each political party who voted at said primary nominating election shall be counted, and the number so voting for each political party written and certified in each of the poll books at the end of the list, and the same shall be immediately signed by the chairman and each of the judges and clerks in the manner provided by Section 3324 for a general election, and immedi- ately thereafter the clerks and judges of election shall open 54 STATUTES RELATING TO ELECTIONS. the ballot boxes at each polling place and proceed to take therefrom the ballots. Said officers shall count the number of ballots cast by each political party, at the same time bunching the tickets cast for each political party together in separate piles, and shall then fasten each pile separately by means of a brass clip, or may use any means which shall effectually fasten each pile together at the top of each ticket. As soon as the clerks and judges have sorted and fastened together the ballots separately for each political party, then they shall take the tally sheets provided by the county clerk and shall count all the ballots for each political party separately until the count is completed, and shall certify to the number of votes for each candidate for nomination for each office upon the ticket of each party. They shall then place the counted ballots in the box. After all have been counted and certified to by the clerks and judges they shall seal the returns for each of said political parties in separate envelopes, to be returned to the county clerk. 3356. Primary Deemed Separate Election for Each Party. In construing the provisions of this law, and of all sections of this compilation, hereby made applicable to primary nominating elections they shall, as to the duties of officers, forms, blanks, ballots, elections and all other matters so far as may be, be understood and interpreted as though said political party making its nominations hereunder, and to be conducted as to that party as nearly as practicable the same as the regular biennial general elections in November are con- ducted for all the electors, except in so far as the manner of proceeding at said November election may be modified or changed by this law for the purpose of said primary nominat- ing election. The provisions of this law do not modify or in any manner control the proceedings at the regular biennial general elections, except in so far as they may be herein expressly and directly amended. [L. 1913, Chap. 200, p. 389.] 3357. Tally Sheets, How Kept. Tally sheets for each political party having candidates to be voted for at said primary nominating election shall be furnished for each voting precinct by the county clerk, at the same time and in the same manner that the ballots are furnished, and shall be substantially as follows : "Tally sheet of the primary nominating election for (name of political party) held at.... precinct, in the county of on the day of , 19 ." STATUTES RELATING TO ELECTIONS. 55 The names of the candidates shall be placed on the tally sheets and numbered in the order in which they appear on the official and sample ballots, and in each case shall have the proper political party designated at the head thereof. The following shall be the form of the tally sheets kept by the judges and clerks of the primary nominating election under this law, containing the number and name of each person voted for, the particular office for nomination to which each person was voted for, the total number of votes cast for each candidate for nomination. The tally or count as it is kept by each of the clerks, shall be audibly announced as it proceeds, and shall be kept in the manner and form as follows: No. Names of candidates Office Total vote received No. Tally 5 No. Tally 10 ^No Tally 15 19 12 Iv 18 18 18 18 14 1-1 14 14 The columns for the numbers 12, 13, 14, etc., shall not be over three-eighths of an inch wide. The columns for the tallies shall be three-eighths of an inch wide, the lines shall be three- eighths of an inch apart; every ten lines the captions of the columns shall be reprinted between double-ruled lines in bold- faced small pica, and all the figures shall be printed in bold-faced small pica. The tally sheets shall conclude with the following form of certificate: We hereby certify that at the above primary nominating election and polling place each of the foregoing named persons received the number of votes set opposite his name as above set forth for the nomination for the office specified. , Clerk. (Who kept this sheet.) , Chairman. , Judge. , Clerk. , Judge. , Clerk. (Who kept the other sheets. During the counting of the ballots each clerk shall, with pen and ink, keep tally upon one of the above tally sheets, of each political party, and shall total the number of tallies and write the total in ink immediately to the right of the last tallies for each candidate, and also in the columns headed "total vote," and shall prepare the certificate thereto above indicated; and immediately upon the completion of the count, all the clerks shall sign the tally sheets, and each of them shall certify which sheets were kept by him; and the chair- 56 STATUTES RELATING TO ELECTIONS. man and the judges, being satisfied with the correctness of the same, shall then sign all of said tally sheets. The clerks shall then prepare a statement of that portion of the tally sheets showing the number and name and political party of each candidate for nomination and the office and total votes received by each in the precinct, and shall prepare the certifi- cate thereto, which statement shall be signed by the judges and clerks to complete the count, and shall be immediately posted in a conspicuous place on the outside of said polls, there to remain for ten days. When two boards of judges and clerks participate in the counting of the ballots, each board shall keep and certify its own separate tally sheets. When one board is relieved^ by the other board, the retiring board shall, before adjourning, total up the tallies representing the ballots so far counted for each candidate for nomination, and a memorandum of the total vote received by each candidate shall be noted on the tally sheet in ink immediately above the last tallies for each candidate, all done in ink, but in such manner as not to render the tally sheet unfit for continuing the count upon the reconvening of the board. During the recess the chairman and second judge of the board shall each have the custody of one set of the tally sheets, and the third set of sheets shall be deposited in the ballot box, all the third set of sheets being kept sealed under the official seal of the board until the board reconvenes. When it is seen which board will have to complete the count, the outgoing board shall complete the additions and certifications upon its tally sheets, and deliver two sets of its tally sheets to the chairman of the board which is to complete the count of the ballot. The third set of tally sheets shall be sealed under the official seal of the board, indorsed on the outside to identify it, and retained by the chairman of the board which made and certified it, to be kept by him safely, subject to the control of the proper court. S 3358. Count Completed and Authenticated. Immediately after canvassing the votes in the manner afore- said, the judges and clerks to complete the count, before they separate or adjourn shall inclose the poll books in separate covers and securely seal the same. They shall also inclose the tally sheets in separate envelopes and seal the same securely. They shall also envelope all the ballots fastened together, as aforesaid, and seal the same securely; and they shall, in writing, with pen and ink, specify the contents, and address each of said packages upon the outside thereof to the county clerk of the county in which the election precinct is situated. When two boards participate in counting STATUTES RELATING TO ELECTIONS. 57 the ballots each board, before taking its recess, shall plainly mark and identify the last ballot which it has counted and seal the same under the official seal of the board upon the back of the said uppermost ballot. They shall then string the loose ends of the counted ballots and tie the same tightly and seal the knot and string over the loose end of the ballots with their official seal in such manner that it will show if broken, and leave the same with the ballot boxes until the count is completed. These sealed packages of counted ballots shall be marked on the outside, showing what numbers are contained therein, but once sealed they are not to be opened by any one until so ordered by the proper court. When the count is completed, the ballots counted and sealed, and enveloped and marked for identification as aforesaid, shall be packed in the two ballot boxes, and nothing else shall be put into the boxes. The boxes shall then be locked, and the official seal of the board which finally completed the count shall be pasted over the keyhole and over the rim of the lid of the box, so that the box cannot be opened without break- ing the seal. Thereafter neither the county clerk nor the canvassers making abstracts of the votes shall break the said seals upon the ballot boxes, nor shall any one break the seals on the boxes or the ballots, except upon the order of the proper court in case of contest, or upon the order of the county court when the boxes are needed for the ensuing election. 3359. Political Party Defined Nominations: How Regulated. A political party within the meaning of this act is an affiliation of electors representing a political party or organization, which, at the last preceding general election polled for its candidates for presidential electors at least 20 per cent of the entire vote cast for that office in the State. Every such political party shall nominate all its can- didates for public office, under the urovisions of this law and not in any other manner, and it shall not be allowed to nomin- ate any candidate in the manner provided by Section 3333. Every political party and its regularly nominated candidates, members, and officers shall have the sole and exclusive right to use of the party name and the whole thereof, and no can- didate for office shall be nermitted to use any word of the name of any other political party or organization than that by which he is nominated. No independent or non-partisan can- didate shall be permitted to use any word of the name of any existing political party or organization in his candidacy, nor shall he be permitted to use any other name than "Independ- ent" or "Non-partisan." The names of candidates for public 58 STATUTES RELATING TO ELECTIONS. office nominated under the provisions of this law shall be printed on the official ballots for the ensuing election as the only candidates of the respective parties for such public office in like manner as the names of the candidates nominated by other methods are required to be printed on such official bal- lots, and the provisions of Sections 3347 and 3348 shall apply to and are hereby made applicable to nominations for public office made under this law, so far as the same are not in con- flict with the provisions of this law. [L. 1913, Chap. 108, p. 183.] 1. Election of National Committeeman Required. A political party within the meaning of Section 3359 of Lord's Oregon Laws, shall elect its national committeeman as herein provided and not otherwise. [L. 1913, Chap. 223, p. 411.] 2. National Committeeniaii: How Nominated and Elected. At the general primary nominating election held in 1914, and every four years thereafter, every political party as defined in Section 1 hereof shall elect its member of the National Committee. A candidate for such office shall file his nominating petition with the Secretary of State as now required by candidates for State offices. Such petition shall be signed by at least 200 qualified voters of the political party of such candidate. The names of all such candidates shall be printed on the primary election ballots of the respective polit- ical parties of which they are candidates, and shall be voted for only by the members of the party of which any such per- son is a candidate. A plurality shall be sufficient to elect, and any person so elected shall hold office until his successor is elected. In case of a vacancy by death, resignation or other- wise, such vacancy shall be filled for the unexpired term by the State Central Committee of the party in which such office of National Committeeman is vacant. Except as herein other- wise provided, existing provisions of law relating to elections are hereby made applicable to the election of National Com- mitteemen. [L. 1913, Chap. 223, p. 411.] 3360. Candidates to File Petitions for Nomination. Before or at the time of beginning to circulate any petition for nomination to any office under this law, the person who is to be a candidate for such nomination shall send by registered mail or otherwise to the Secretary of State or the county clerk or city clerk, recorder or auditor, as the case may be, a copy of his petition for nomination, signed by him- STATUTES RELATING TO ELECTIONS. 59 self, and such copy shall be filed and shall be conclusive evi- dence for the purposes of this law that said elector has been a candidate for nomination by his party. All nominating peti- tions and notices pertaining to candidates for the office of delegate to a party national convention, Elector of President and Vice-President of the United States, United States Sena- tor in Congress, Representative in Congress, Governor, Sec- retary of State, State Treasurer, Justice of the Supreme Court, Attorney General, Superintendent of Public Instruc- tion, State Printer, State Engineer, Dairy and Food Commis- sioner, Commissioner of the Bureau of Labor Statistics and Inspector of Factories and Workshops, Commissioner of the Railroad Commission of Oregon, Superintendent of a Water Division, Judge of the Circuit Court, District or Prosecuting Attorney, State Senator or Representative in the Legislative Assembly, or other office to be voted for in the State at large, or in a district composed of one or more counties, shall be filed with the Secretary of State; all nominating petitions and notices pertaining to candidates for county offices anci district or precinct offices within a county shall be filed with the county clerk; and for all city offices in the office of the city clerk, recorder, or auditor, as the case may be. [L. 1913, Chap. 202, p. 390.] 3361. Further of Petitions Statements Nos. 1 and 2. Any qualified elector who has filed his petition, and is registered as herein required as a member of a political party subject to the provisions of this act, shall have his name printed on the official nominating ballot of his party as a candidate for nomination for any office at any primary nom- inating election held under the provisions of this act, if there shall be filed in his behalf a petition signed as herein required, and substantially in the following form: To (address of the officer with whom the petition is to be filed), and to the members of the party and the electors of (State) (counties of) , comprising the district) (county), (city), (as the case may be), in the State of Oregon I, , reside at , and my postoffice address is I am a duly registered member of the party. If I am nominated for the office of , at the primary nominating elec- tion to be held in the (State of Oregon), (district), (county), (city), the day of , 19...., I will accept the nomination and will not withdraw, and if I am elected I will qualify as such officer. If I am nominated and elected I will, during my term of office (here the candidate, in not exceeding one hundred words, may state any measures or principles he especially advocates, and the form in which he wishes it printed after his name on the nominating ballot, in not exceeding twelve words). 60 STATUTES RELATING TO ELECTIONS. In case of an elector seeking nomination for the office of senator or representative in the legislative assembly, he may include one of the following two statements in his petition; but if he does not do so, the Secretary of State or county clerk, as the case may be, shall not on that account refuse to file his petition: STATEMENT NO. 1. I further state to the people of Oregon, as well as to the people of my legislative district, that during my term of office I will always vote for that candidate for United States Senator in Congress who has received the highest number of the people's votes for that position at the general election next preceding the election of a Senator in Congress, without regard to my individual preference. (Signature of the candidate for nomination.) If the candidate shall be unwilling to sign the above state- ment, then he may sign the following statement as a part of his petition: STATEMENT NO. 2. During my term of office I shall consider the vote of the people for United States Senator in Congress as nothing more than a recom- mendation, which I shall be at liberty to wholly disregard, if the reason for doing so seems to me to be sufficient. (Signature of the candidate for nomination.) Every such petition shall be signed as above by the elector seeking such nomination. There shall be a separate leaf or sheet signed as above on every such petition for each precinct in which it is circulated. After the above and on a separate sheet or sheets, shall be the following petition: To (Secretary of State for Oregon), or (to , the county clerk for the county of , Oregon), or (to , city clerk of the city of ), (as the case may be: We, the undersigned registered members of the party and qualified electors and residents of precinct, in the county of , State of Oregon, respectfully request that you will cause to be printed on the official nominating ballot for the party at the aforesaid primary nominating election, the name of the above signed (name of applicant) as a candidate for nomination to the office of (title of office) by said ...party. STATUTES RELATING TO ELECTIONS. 61 Name Postoffice address Street and number, if any Precinct Each and every leaf or sheet of said petition containing signatures shall be verified in substantially the following form by one or more of the signers of said petition: STATE OP OREGON, County of I, , being first duly sworn, say: I am personally acquainted with all the persons who have signed this sheet of the fore- going petition, and 1 personally know that their signatures thereon are genuine; and I believe that their postomce address and residence are correctly stated, and that they are qualified electors and registered members of the party. (Signature of affiant.) Subscribed and sworn to before me this day of ..., 19 ( Signature and title of officer before whom oath is made. ) 3362. Signatures to Make Petitions Effective. The vote cast by a political party in each precinct for Representative in Congress at the last preceding general elec- tion shall be the basis on which the percentage for petitions shall be counted; provided, that if any political party cast twenty-five per cent of the total votes in the State for Repre- sentative in Congress, although less than the required per- centage in any one or more electoral districts, county, munici- pality or precinct, it shall nevertheless be subject to the provisions of this law in making nominations in such electoral districts, county, municipality and precinct. If the nomina- tion is for a municipal office, or an office to be voted for in only one county, the necessary number of signers shall include electors residing in at least one-fifth of the voting precincts of the county, municipality or district ; if it be a State or dis- trict office and the district comprises more than one county, the necessary number of signers shall include electors residing in each of at least one-eighth of the precincts in each of at least two counties in the district ; if it be an office to be voted for in the State at large, the necessary number of signers shall include electors residing in each of at least one-tenth of the precincts in each of at least seven counties of the State ; if it be an office to be voted for in a congressional district, the necessary number of signers shall include electors residing in at least one-tenth of the precincts in each of at least one- fourth of the counties in such district. The number of sign- ers required on every such petition shall be at least two per 62 STATUTES RELATING TO ELECTIONS. cent of the party vote in the electoral district as above stated ; provided, that the whole number of signers required on a nominating petition under the provisions of this law for any office to be voted for in the State at large, or in a congressional district, shall not exceed 1,000, nor in any other case shall the whole number required exceed 500 signers. All the leaves or sheets making one petition shall be fastened together before they are forwarded to the proper officers for filing. There shall not be in any petition the name of more than one candi- date for nomination. Any elector may sign more than one nominating petition required by this law for the same office. It shall be unlawful for any person to sign another person's name to any petition required by this law. It shall be unlaw- ful for any person to sign any nominating petition required by this law unless he is a qualified elector and at the time of signing has registered for the ensuing election as a member of the political party represented by the petition. Any names or signatures placed on any petition in violation of the pro- visions of this law shall not be counted in computing the number of signers necessary to make the same a valid and effective petition. 3363. Qualifications of Signers. No person who is not a qualified elector and a registered member of a party making its nominations under the pro- visions of this law shall be qualified to join in signing any petition for nomination, or to vote at said primary nominating election, and no person shall be qualified to sign any nom- inating petition of any other political party for the primary nominating election than that with which he is registered as a member. But this shall not be construed to prevent any registered member of any party from signing a petition for the nomination of any independent or nonpartisan candidate after the primary nominating election, nor shall it be con- strued to prevent any qualified elector from signing petitions for more than one candidate for the same office on one party ticket. 3364. When Petitions Must Be Filed. All petitions for nominations required to be filed with the Secretary of State, shall be filed not later than the thirty-fifth day prior to the primary nominating election, and all petitions required to be filed with the county clerk, city clerk, recorder, or auditor, as the case may be (in towns or cities having 2,000 or more inhabitants) shall be filed not later than the thirtieth day prior to the primary nominating election. TL. 1913, Chap. 201, p. 390.] STATUTES RELATING TO ELECTIONS. 63 3365. Register of Candidates to Be Kept Contents. The county clerk, Secretary of State, and the city clerk, recorder, or auditor of towns and cities having 2,000 inhab- itants or more, shall keep a book entitled "Register of Candi- dates for Nomination at the Primary Nominating Election," and he shall enter therein on different pages of the book for the different political parties subject to the provisions of this- law, the title of the office sought and the name and residence of each candidate for nomination at the primary nominating election, the name of his political party, the date of receiving the first copy of his petition signed by the candidate, the words he wishes printed after his name on the nominating ballot, if any, the date of receiving his petition, the number of signatures thereon, and the number of signatures required to make a valid and sufficient petition for nomination to said office by his political party, and such other information as may aid him in arranging his official ballot for said primary nominating election. Immediately after the canvass of votes at a primary nominating election is completed, the county clerk, Secretary of State, or city clerk, recorder, or auditor, as the case may be, shall enter in his book marked "Register of Nominations," provided by Section 3341, the date of such entry, the name of each candidate nominated, the office for which he is nominated, and the name of the party making the nomination. 3366. Registers to Be Public Records All Documents to Be Preserved. Such registers of candidates for nomination and of nom- inations, and petitions, letters and notices and other writings required by law, as soon as filed, shall be public records, and shall be open to public inspection under proper regulations, and when a copy of any such writing is presented at the time the original is filed, or at any time thereafter, and a request is made to have such copy compared and certified, the officers with whom such writing was filed shall forthwith compare such copy with the original on file, and, if necessary, correct the copy and certify and deliver the copy to the person who presented it on payment of his lawful fees therefor. All such writings, poll books, tally sheets, ballots, and ballot stubs per- taining to primary nominating elections under the provisions of this act, shall be preserved as other records are, for two years after the election to which they pertain, at which time unless otherwise ordered or restrained by some court, the county court shall destroy the ballots and ballot stubs, by fire, without any one inspecting the same. 64 STATUTES RELATING TO ELECTIONS. 3367. Death or AVithdrawal Vacancies. The provisions of Sections 3343 and 3344 shall apply to nominations or petitions for nominations made under the provisions of this law, in case of the death of the candidate or his removal from the State or his county or electoral dis- trict before the date of the ensuing election, but in no other case. In case of any such vacancy by death or removal from the State or from the county or electoral district, such vacancy may be filled by the committee which has been given power by the political party or this law to fill such vacancies substantially in the manner provided by Sections 3345 and 3346. 3368. When Ballots to Be Arranged and Sent to County Clerks by Secretary of State. Not more than twenty-eight (28) days and not less than twenty-five (25) days before the day fixed by law for the primary nominating election the Secretary of State shall arrange, in the manner provided by this law, for the arrange- ment of the names and other information upon the ballots, all the names of and information concerning all the candidates for nomination contained in the valid petitions for nomination which have been filed with him in accordance with the pro- visions of this law, and he shall forthwith certify the same under the seal of the State, and file the same in his office, and make and transmit a duplicate thereof by registered letter to the county clerk of each county in the State, and he shall also post a duplicate thereof in a conspicuous place in his office and keep the same posted until after said primary nominating election has taken place. In case of emergency the Secretary of State may transmit such duplicate by telegraph. [L. 1913, Chap. 203, p. 391.] 3369. Local Officer to Prepare and Post Ballot. Not more than twenty-two (22) days and not less than nineteen (19) days before the day fixed by law for the primary nominating election, the dbunty clerk of each county, or the city clerk, recorder or auditor of each city, as the case may be, subject to the provisions of this law, shall arrange in the manner provided by this law for the arrange- ment of the names and other information concerning all the candidates and parties named in the valid petitions for nom- inations which have been filed with him, and those which have been certified to him by the Secretary of State, in accordance with the provisions of this law, and he shall forthwith certify the same under the seal of the county court, or the official seal of his office, as the case may be, and file the same in his office, STATUTES RELATING TO ELECTIONS. 65 and make and post a duplicate thereof in a conspicuous place in his office and keep the same posted until after the primary nominating election has taken place; and he shall forthwith proceed and cause to be printed according to law, the colored sample ballots and the official voting ballots for each political party required by this law. [L. 1913, Chap. 203, p. 391.] 3370. Ballots and Sample Ballots. The provisions of Section 3392 shall apply to and are hereby made applicable to primary nominating elections under this law. All the official ballots designed to be voted at primary nominating elections shall be printed for the Republican party in black ink upon a good quality of white paper; for the Democratic party in black ink upon a good quality of blue paper; and for any third party in black ink upon a good quality of yellow paper ; otherwise, except for the party name, the ballots shall be alike for each political party and of the same size in the same county at the same election. Duplicate impressions of the same shall be printed upon cheaper colored paper, but not of any of the colors above named, so as to be readily distinguished from official ballots designed to be voted ; these colored ballots shall be used solely as sample ballots for the information and convenience of voters, and, if voted, shall not be counted. 3371. Style and Arrangement of Ballot. The ballot shall be styled "Official primary nominating election ballot of party"; shall state the num- ber or name of the precinct and county they are intended for, and date when election is to be held; shall contain the names of all candidates for nomination for offices to be filled at that election whose petitions have been duly made and filed as herein provided, and who have not died or removed from their electoral districts, and the names of candidates of the several parties in the several precincts for the members of their county central committees, and of delegates to be chosen to any constitutional convention that may be called, and shall contain no other names of persons; the name of each person for whom as a candidate for nomination a valid petition has been duly filed shall be printed on the ballot in but one place, but there shall be added opposite thereto the measures he especially advocates, expressed in not more than twelve words as specified in the petition for nomination naming him for the office. The names of the candidates for nomination to each office shall be arranged under the designation of the office, in alphabetical order, according to surnames; there shall be left at the end of the list of candidates for nomination to each different office, a blank space in which the elector 66 STATUTES RELATING TO ELECTIONS. may write the name of any person not printed on the ballot for whom he desires to vote as a nominee for such office. On the left margin of the ballots for each political party the name of the uppermost candidate for nomination as printed shall be numbered 12, and the next candidate 13, and the next 14, and so on consecutively to the end of the ballot. The blank lines shall not be numbered. Each ballot shall have along the top thereof a stub one and one-half inches wide, perforated along the lower edge thereof; on the left half of the stub shall be printed the words, "Stub to be torn off by the chairman," on the right half "Stub to be torn off by first clerk," and colored sample ballots shall not be perforated. Immediately below the perforated line shall be printed, in capitals, these words, "Official primary nominating ballot for the party for precinct, county, at the primary nominating election to be held on , the day of , 19 " Under this caption shall be printed, in bold-faced type, the words, "Mark a cross [X] between the number and the name of each candi- date voted for." Below this shall be printed in the manner aforesaid (1) the candidates for nomination for Senator and Representative in Congress and for State offices; (2) for dis- trict and county offices; (3) for precinct offices; (4) for other offices. The ballot shall be printed so as to give each elector a clear opportunity to designate his choice for candidates for nomination by making with indelible pencil a cross [X] to the left of the name of the candidate he wishes to vote for nomination to each office; and on the ballot may be printed such words as will aid the elector to do this "vote for one," "vote for three," and the like. The ballot shall be of sufficient length and width to permit this to be properly done. The official ballot for each party shall be arranged and printed in substantially the following form, but it may be printed in two or more columns, and shall be ruled, lined and spaced in the manner provided by Section 3394, for the official ballots at the regular general election: STATUTES RELATING TO ELECTIONS. 67 STUB TO BE TORN OFF BY THE CHAIRMAN. STUB TO BE TORN OFF BY THE FIRST CLERK. OFFICIAL PRIMARY NOMINATING ELECTION BALLOT FOR THE PARTY, FOR SOUTH PORTLAND PRECINCT, MULTNOMAH COUNTY, PRIMARY NOMINATING ELECTION TO BE HELD ON , THE DAY OF APRIL, 19 Make a Cross [X] between the number and the name of each candidate voted for. Republican Candidates for Nomination for Senator and Representative in Congress, and for State Officers. For United States Senator in Congress Vote for ONE 12 Thurlow B. Merton of Multnomah County. 13 WaTter~B7~Wiiter of Umatilla County. For Representative in Congress Vote for ONE 14 Joseph Jennings of Wasco County. 15 Jonathan Samms of Gilliam County. For Governor Vote for ONE 16 Samuel Johnson of Marion County, favors franchise tax corporations. 17 John Samson of Malheur County. For Secretary of State Vote for ONE IS W. B. Curran of Clatsop County. 19 George Wilson of Baker County. For State Treasurer Vote for ONE 20 cT~H7~Chilton of Grant County. 21 John P. Walker of Columbia County. For Supreme Judge Vote for ONE 22 Arthur C. Simms of Crook County. Orville Wilkins of Wallowa County. For Superintendent of Public Instruction Vote for ONE 24 George M. Josephson of Wasco County. 25 Henry J. Summer of Wheeler County. For State Printer Vote for ONE 2~6 Ord C. Colunder of Douglas County. Samuel P. Kollen of Washington County. 68 STATUTES RELATING TO ELECTIONS. Republican Candidates for Nomination for District and County Offices. For Prosecuting Attorney Vote for ONE 28 William S. Stokes of Multnomah County^ 2~9 Charles P. Swlnsr of MultnCHnah County. For Judge of Circuit Court Vote for ONE 30 Amos Strong of Multnomah County. 31 Christian Thompson of Iviultnomah County. Vote for ONE For Joint Senator Clackamas and Multnomah Counties 32 George ~J. McCall of Clackamas County. 33 William T. Merry of Multnomah County. For Joint Representatives Multnomah and Clackamas Counties Vote for ONE 34 Francis A. Terrell of Multnomah County. 35 Frank Wilson of Multnomah County. For State Senator from Multnomah County Vote for ONE 36 Albert Wheatly. 37 Samuel Wilton. For Representatives from Multnomah County Vote for TWELVE 38 Wilbur Able, promises to vote for people's choice for United States Senator. 39 William A. Adams. 40 Orton Anderson. 41 Frank Alger, will not promise to vote for people's choice for United States Senator. 42 Elton Ankeny. 43 Samson Ashley, favors State monopoly sale of liquors on South Carolina dispensary plan. 44 Wilson Atterbury. 45 Angus Bailey. 46 Washington Baird. 47 Fred K. Ball. 48" 49 Chris Barton. 50 John P. Bascom. 51 FranklirFB. BellT For County Judge of Multnomah County 5 2 Simon A. Bennett!"" Vote for ONE 53 Edward S. Bonahan. For Sheriff of Multnomah County Vote for ONE 54 Peter Booth. 55 Ben F. Boutwell. For Clerk of Circuit Court of Multnomah County Vote for ONE 56 Orrin Buckner. 57 Warren Burleigh. For Clerk of County Court of Multnomah County Vote for ONE 58 Henry Butcher. 59 Phil Byrne. STATUTES RELATING TO ELECTIONS. 69 For Recorder of Conveyances for Multnomah County Vote for ONE 60 Francis P. Calhoun. 61 Hiram Cannot. For County Treasurer of Multnomah County Vote for ONE 62 William E. Carroll. 63 Frank C. Carter. For Assessor of Multnomah County Vote for ONE 64 Oliver O. Chadwick. 65 Walter S. Simpson. For School Superintendent of Multnomah County Vote for ONE 66 Julius C. Coburn. 67 Darron C. Comstock. For County Surveyor of Multnomah County Vote for ONE 68 Jerry O. Cook. 69 .Lucius P. Copeman. For Coroner of Multnomah County Vote for ONE 70 Ellerton C. Corfman. 71 Amos E. Cox. For County Commissioner of Multnomah County Vote for ONE 72 Silas Grafter. 73 John Q. Croker. Republican Candidates for Nomination to City and Precinct Offices. For Mayor of Portland Vote for ONE 74 John Daley of Tenth" Ward. 75 Roderick Davis of Sixth Ward. For Municipal Judge of Portland. Vote for ONE 76 Abraham Kinto of Fourth Ward. 77 Harrison Knight of Third Ward. For City Attorney of Portland Vote for ONE 78 Edward H. Kohler of First Ward. 79 Sidney Phillips of Eighth Ward. For City Auditor of Portland Vote for ONE 80 Anton Kuhn of Fifth Ward. 81 Charles A. LaymTof Eleventh Ward. ~ ' For City Treasurer of Portland Vote for ONE 82 Wade~~0. Latimer of "Ninth Ward. 83 Wilson F. Learned of Seventh Ward. For City Engineer of Portland Vote for ONE 8 4 Worden Q^ "Lockwood of Fourth Ward. 85 Otto R. Shields of First Ward. For Councilman, Seventh Ward Vote for ONE 86 Alderson Mason 6f~ Seventh Ward. James Mayer of Seventh Ward. 70 STATUTES RELATING TO ELECTIONS. For Justice of the Peace Vote for ONE 88 Albert O. Marsh~of~Multnomah County. 89 Wills McLean of Multnomah County. For Constable Vote for ONE 90 Horace Mercher of Multnomah County. 91 Frederick H. Miller of Multnomah County. Republican Candidates, for election for County Central Committeeman from South Portland Precinct Vote for ONE 9~2 Franklin P. Smith of Multnomah County. 93 Wash C. Squires of Multnomah County. 94 Martin O. Swingerton of Multnomah County. Section 1. In every case when five or more persons are candidates for nomination for the same office except a precinct office at a direct primary election the number of ballot forms required shall be divided into sets equal to the greatest number of candidates for any one office on said ballot and the names of said candidates with their respective numbers for each office where the number of said candidates is equal to five or more shall, beginning with a form arranged in alphabetical order as provided in Section 3371 of Lord's Oregon Laws, be rotated by removing one name with its number from the top of the list for each office and by placing said name with its number at the bottom of said list for each successive set of ballot forms. As nearly as possible an equal number of ballots of each set, which shall have been previously "gathered" shall be delivered to each election precinct. The sample ballots now required by law to be printed previous to the day of election, shall be printed from the first or official form of the ballot only. Section 2. If any person employed or authorized to print official ballots, or any person employed in printing the same, shall give or deliver, or knowingly permit to be taken any of said ballots by any person other than the official under whose direction such ballots are being printed, or if any person shall knowingly print, or cause, or permit to be printed any ballot in any other form than the one prescribed herein, or with any other names thereon, or with the name or names spelled, or the names of the candidates arranged in any other way than that authorized by this act and directed by said official, or if the official charged by law with the duty of distributing said ballots, or any persons acting for him, shall knowingly distribute or cause to be distributed any of said ballots in any other manner than as herein required, he shall be guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in the county jail for a term of not less than three months nor more than one year, or by a fine of not less STATUTES RELATING TO ELECTIONS. 71 than $250, nor more than $1,000, or both, at the discretion of the court. [L. 1911, Chap. 252.] 3372. Official Ballots and Sample Ballots to Be Furnished. There shall be provided and furnished at each primary nominating: election for each election precinct for each voter duly registered therein as a member of a party subject to the provisions of this law, when the registration books are first closed as recmired by Section 3452, at least two official ballots intended to be voted, and a like number of the colored sample ballots. The sample ballots shall be duplicate impressions of the official ballots to be voted, but in no case shall they be white or colored any shade of blue or yellow, nor shall the sample ballots have perforated stubs, nor shall they -have the same margin, either at the top or sides or bottom, as the official voting ballots have, or nearer thereto than twelve points. These colored sample ballots shall be furnished as soon as printed, at any time before the primary nominating election by the respective county or city clerks, in reasonable quantities to all electors applying for the same, and on the day of said election, under the direction and control of the judges at each polling place, said colored sample ballots shall be given in proper quantities to all electors applying for them. 3373. Vacancies and Cancellations Ballot Boxes and Supplies. The. provisions of Sections 3396 to 3402, inclusive, shall apply to and are hereby made applicable to primary nom- inating elections under this law, as far as the same are not in conflict with this law. 3374. Method of Voting. Any person desiring to vote shall give his name and his residence and political party to the first of the election clerks, which clerk shall not be of the same political party as the chairman, who shall thereupon announce the name and resi- dence and party distinctly, and write in the poll book kept by him the name and residence and party of the elector and the word "State," or "State and District," if he is qualified to vote for such officers only, and also write the name and residence of the elector, and, if proper, the word "State," or "State and Dis- trict," with pen and ink upon the back of one of the stubs upon one of the voter's political party official ballots provided under this act; the clerk shall then with pen and ink write the number of the elector upon the back of each of the two stubs upon said ballot; he shall so number the stubs upon each ballot to correspond with the numbers of the electors in the poll book, beginning with number 1 for the first elector 72 STATUTES RELATING TO ELECTIONS. applying to vote, number 2 for the second elector, and so on, and he shall then tear off the stub upon which he wrote the elector's name. The clerk shall then deliver the ballot, with the remaining stub still attached thereto, to the elector. The said clerk shall give the elector one of said voter's political party official ballots and one only. The clerk shall then, at once, and before issuing another ballot, deliver the stub containing the name and number of the elector to the judges, who shall pass it to the second clerk, who shall immediately enter the number in the poll book, and the name and resi- dence and party of the elector opposite thereto, and shall retain the stub in his possession. 3375. Provisions of Election Law Applicable. The provisions of Sections 3404, 3405, 3406, 3407, 3408, 3409, 3410, 3411, 3412, 3413, 3414, 3415, 3416, and 3424, so far as the same are not in conflict with and are not modified by this law, shall apply to and are hereby made applicable to primary nominating elections under the provisions of this law; provided, that the words "white ballot," in every section adopted from said codes and statutes, shall, when applied to said primary nominating election, be understood to mean, as to each political party nominating its candidates at such election, the official voting ballot of the respective political party nominating its candidates at such election, the official voting ballot of the respective political parties for that primary nominating election, whether such ballot be white, blue, or yellow, as provided in Section 3370 ; and provided further, that the Secretary of State, in furnishing the supplies for the primary nominating election, as provided by Section 3413, shall also furnish a sufficient number of brass clips, or other appropriate fastenings, to fasten together the ballots of each political party in each precinct, as required by Section 3355. 3376. Candidates for Senators to Be Voted For. At all general primary nominating elections next preceding the election of a Senator in Congress by the Legislature of Oregon there shall be placed upon the official primary nom- inating election ballots, by each of the county clerks and clerks of the county court, the names of all candidates for the office of Senator in Congress, for whose nominations petitions have been duly made and filed under the provisions of this law, the votes for which candidates shall be counted and certified to by the election judges and clerks in the same manner as the votes for other candidates; and records of the vote for such candidates shall be made out and sworn to by the board of canvassers of each county of the State and STATUTES RELATING TO ELECTIONS. 73 returned to the Secretary of State at the same time and in like manner as they shall transmit other records and returns required by this law. 3377. Canvass and Abstract of Votes. On the third day after the close of any primary nom- inating election, or sooner if all the returns be received, the county clerk, taking to his assistance two justices of the peace of the county, of different political parties, if practi- cable, shall proceed to open said returns and make abstracts of the votes. Such abstracts of votes for nominations for Governor and for Senator in Congress shall be on one sepa- rate sheet for each political party and shall be immediately transmitted to the Secretary of State in like manner- as other election returns are transmitted to him. Abstracts of votes for nominations of each political party for offices to be voted for in the State at large and in districts composed of one or more counties, shall be on a sheet or sheets separately from each political party, and shall be forthwith transmitted to the Secretary of State as required by Section 3378. The abstracts of votes for county and precinct offices shall be on another sheet or sheets separately for each political party; and it shall be the duty of said clerk immediately to certify the nomination for each party and enter upon his register of nominations the name of each of the persons having the high- est number of votes for nomination as candidates for county and precinct offices, respectively, and to notify by mail each person who is so nominated; provided, that when a tie shall exist between two or more persons for the same nomination by reason of said two or more persons having an equal and the highest number of votes for nomination by one party to one and the same office, the clerk whose duty it is to compare the polls shall give notice to the several persons so having the highest and equal number of votes to attend at the office of the county clerk, at a time to be appointed by said clerk, who shall then and there proceed publicly to decide by lot which of the persons so having an equal number of votes shall be declared nominated by his party; and said clerk shall forthwith enter upon his register of nominations the name of the person thus duly nominated in like manner as though he had received the highest number of votes of his party for that nomination. And it shall be the duty of the county clerk of every county, on the receipt of the returns of any general primary nominating election, to make out his certificate stating therein the com- pensation to which the judges and clerks of election may be entitled for their services and lay the same before the county court at its next term, and the said court shall order the com- 74 STATUTES RELATING TO ELECTIONS. pensation aforesaid to be paid out of the county treasury. In all primary nominating elections in this State, under the pro- visions of this law, the person having the highest number of votes for nomination to any office shall be deemed to have been nominated by his political party for that office. [L. 1913, Chap. 204, p. 392.] 3378. Abstracts Sent to Secretary of State; Canvass by State Officers. The county clerk, immediately after making the abstracts of votes given in his county, shall make a copy of each of said abstracts and transmit it by mail to the Secre- tary of State at the seat of government; and it shall be the duty of the Secretary of State, in the presence of the Gov- ernor and the State Treasurer, to proceed within 30 days after the primary nominating election, and sooner if all returns be received, to canvass the votes given for nomination for all officers to be voted for by the people of the State or of any district embracing one or more counties; and the Governor shall grant a certificate of nomination to the person having the highest number of votes for each office and shall issue a proclamation declaring the nomination of each person by his party. In case there shall be no choice for nomination for any office by reason of any two or more persons having an equal and the highest number of votes of his party for nomination for either of said offices, the Secretary of State shall immedi- ately give notice to the several persons so having the highest and equal number of votes to attend at the office, either in person or by attorney, of the Secretary of State, at a time to be appointed by said Secretary, who shall then and there pro- ceed to publicly decide by lot which of the persons so having an equal number of votes shall be declared duly nominated by his party; and the Governor shall issue his proclamation declaring the nomination of such person or persons as above provided. [L. 1913, Chap. 204, p. 393.] 3379. Correction of Errors or Wrongful Acts by Court. Whenever it shall appear by affidavit to the county court or judge thereof, or to the circuit court or judge thereof, that an error or omission has occurred or is about to occur in the printing of the name of any candidate or other matter on the official primary nominating election ballots, or that any error has been or is about to be committed in the printing of the ballots, or that the name of any person or any other matter has been or is about to be wrongfully placed upon such ballots, or that any wrongful act has been performed or is about to be performed by any judge or clerk of the primary election, county clerk, canvassing board or member thereof, STATUTES RELATING TO ELECTIONS. 75 or by any person charged with a duty under this act, or that any neglect of duty by any of the persons aforesaid has occurred or is about to occur, such court or judge shall by order require the officer or person or persons charged with the error, wrongful act or neglect, to forthwith correct the error, desist from the wrongful act, or perform the duty and do as the court shall order, or show cause forthwith why such error should not be corrected, wrongful act desisted from, or such duty or order performed. Failure to obey the order of any such court or judge shall be contempt. Any person in interest or aggrieved by the refusal or failure of any person to perform any duty or act required by this law shall with- out derogation to any other right or remedy be entitled to pray for a mandamus in the circuit court of appropriate juris- diction, and any proceeding under the provisions of this law shall be immediately heard and decided. 3380. Messenger to Be Sent for Delayed Returns. If the returns and abstracts of the primary nominat- ing election of any county in the State shall not be received at the office of the Secretary of State within 20 days after said election, the Secretary of State shall forthwith send a messenger to the county court of such county, whose duty it shall be to furnish said messenger with a copy of said returns, and the said messenger shall be paid out of the county treasury of such county the sum of 20 cents for each mile he shall necessarily travel in going to and returning from said county. The county clerk, whenever it shall be necessary for him to do so in order to send said returns and abstracts within the time above limited, may send the same by tele- graph, the message to be repeated, and the county shall pay the expenses of such telegram. [L. 1913, Chap. 204, p. 394.] 3381. Penalty for Wrongful Acts by Officers. If any judge or clerk of a primary nominating election, or other officers or persons on whom any duty is enjoined by this law, shall be guilty of any willful neglect of such duty, or of any corrupt conduct in the discharge of the same, such judge, clerk, officer or other person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one year nor more than five years, or by imprison- ment in the county iail not less than three months nor more than one year, or by fine not less than $100 nor more than $500. 3382. Notice of Contest. Any person wishing to contest the nomination of any other person to any State, county, district, township, precinct, or 76 STATUTES RELATING TO ELECTIONS. municipal office may give notice in writing to the person whose nomination he intends to contest that his nomination will be contested, stating the cause of such contest briefly, within five days from the time said person shall claim to have been nominated. 3383. How Served and Hearing Thereon. Said notice shall be served in the same manner as a sum- mons issued out of the circuit court three days before any hearing upon such contest as herein provided shall take place, and shall state the time and place that such hearing shall be had. Upon the return of said notice served to the clerk of the county he shall thereupon enter the same upon his issue docket as an appeal case, and the same shall be heard forthwith by the circuit court; provided, that if the case cannot be determined by the circuit court in term time, within 15 days after the termination of such primary nominating election, the judge of the circuit court may hear and determine the same at chambers forthwith, and shall make all necessary orders for the trial of the case and carrying his judgment into effect; provided, that the circuit court provision of this section shall not apply to township or precinct officers. In case of contest between any persons claiming to be nominated to any township or precinct office, said notice shall be served in the manner aforesaid, and shall be returned to the county court of the county. 3384. Further of Contest. The provisions of Sections 3428 and 3430, so far as the same do not conflict with this law, shall apply to and are hereby made applicable to primary nominating elections held under the provisions of this law. 3385. Procedure Thereon. Each party to such contest shall be entitled to subpoenas, and subpoenas duces tecum, as in ordinary cases of law; and the court shall hear and determine the same without the intervention of a jury, in such manner as shall carry into effect the expressed will of a majority of the legal voters of the political party, as indicated by their votes for such nom- inations, not regarding technicalities or errors in spelling the name of any candidate for such nomination; and the county clerk shall issue a certificate to the person declared to be duly nominated by said court, which shall be conclusive evidence of the right of said person to hold said nomination ; provided, that the judgment or decision of the circuit court in term time, or a decision of the judge thereof in vacation, as the case STATUTES RELATING TO ELECTIONS. 77 may be, may be removed to the Supreme Court in such manner as may be provided for removing such causes from the circuit court to the Supreme Court ; and provided further, that appeals may be taken from the decision of the county court to the circuit court, in all of which cases the party removing any such judgment or decision by appeal, shall file in the proper court a bond to the opposite party, in such sum and with such sureties as shall be prescribed by a judge thereof, conditioned for the payment of all costs that may be properly taxed against them ; and provided further, that on any such appeal it shall be advanced on the docket and heard and decided on appeal soon enough to place the name of the successful con- testant on the official white ballot as such nominee at the ensuing election, and said courts shall make the necessary rules to accomplish this result. 3386. Statement of Party on Registration. In addition to the facts to be stated by the elector and registered by the provisions of Sections 3448, 3449, and 3453, every elector shall be asked by the clerk or other registering officer of what political party or voluntary political organiza- tion he is a member, and it shall be the elector's duty to answer said question if he wishes to take part in making the nominations of any political party, and his answer shall then and there be entered in the register in the column headed "Remarks," and such answer shall also be a part of the affidavit entitled "Oregon Registration Blank A," when such blank is used in the registration. If the elector shall answer that he is not a member of any political party or voluntary political organization, the clerk or registering officer shall enter the fact in said column headed "Remarks," and in said affidavit when the same is used, and if he shall decline to answer, the officer shall enter such refusal. In entering the answer in the register as to the political party or affiliation of the elector, it shall be sufficient to designate the political party by the first syllable of the first word of its name, as "Rep." for Republican, "Dem." for Democrat, "Soc." for Socialist, "Pro." for Prohibition, "Ind." for Independent, and "Non." for nonpartisan or no party. No elector shall be qualified to vote, nor permitted to vote at any such primary nominating election required by this law, and it shall be unlaw- ful for him to offer to do so, unless he shall be registered, as above required, as a member of one of the political parties choosing and nominating its candidates for public office under the provisions of this law at such primary nominating elec- tion. Every qualified elector offering to vote at any such primary nominating election shall be given a ballot of the 78 STATUTES RELATING TO ELECTIONS. political party with which he is registered as a member, as above required, and he shall not be given a ballot of any other political party at that primary nominating election; provided, that nothing in this law shall be construed to deprive any elector of the right to register and vote at any primary nominating election required by this law, on his complying with the special provisions of this law, in the same manner that he is permitted by the general laws to register and vote at a general election. 3387. Provisions of Election Law Applicable. The provisions of Sections 3450, 3451, 3453, 3454, 3455, 3457, 3458, 3459, and 3461, shall apply to and are hereby made applicable to primary nominating elections held under the provisions of this law, so far as they are not in conflict herewith. 3388. Same. The provisions of Sections 3462, 3463, 3464, 3465, 3466, and 3467 shall apply to and are hereby made applicable to primary nominating elections held under this law, so far as they are not in conflict herewith. 3389. Election and Duties of Party Committees. There shall be elected by each political party subject to this law at said primary nominating election a committeeman for each election precinct, who shall be a resident of such precinct. The committeeman thus elected shall be the repre- sentative of his political party in and for such precinct in all ward or subdivision committees that may be formed. The committeeman elected in each precinct in each county shall constitute the county central- committee of each sail respective political parties. Those committeemen who reside within the limits of any incorporated city or town shall constitute ex constitute the county central committee of each said respective political parties, and shall have the same powers and juris- diction as to the business of their several parties in such city matters that the county committee has in county matters, save only the power to fill vacancies in said committee, which power is vested in the county central committee. Each com- mitteeman shall hold such position for the term of two years from the date of the first meeting of said committee immedi- ately following their election. In case of a vacancy happen- ing on account of death, resignation, removal from the pre- cinct, or otherwise, the remaining members of said county committee may select a committeeman to fill the vacancy and he shall be a resident of the precinct in which the vacancy STATUTES RELATING TO ELECTIONS. 79 occurred. Said county and city central committees shall have the power to make rules and regulations for the government of their respective political parties in each county and city, not inconsistent with any of the provisions of this law, and to elect the county members of the State central committee and of the congressional committee, and said committees shall have the same power to fill all vacancies and make rules in their jurisdiction that the county committee has to fill county vacancies and make rules. Said county and city central com- mittees shall have the power to make nominations to fill vacancies occurring among the candidates of their respective parties nominated for city or county offices by the primary nominating election, where such vacancy is caused by death or removal from the electoral district, but not otherwise. Said committees shall meet and organize by electing a chairman and secretary within five days after the candidates of their respective political parties shall have been nominated. They may select managing or executive committees and authorize such subcommittees to exercise any and all powers conferred upon the county, city, State, and congressional central com- mittees respectively by this law. 3390. Penalty for Wrongful Acts by Candidates. If any candidate for nomination shall be guilty of any wrongful or unlawful act or acts at a primary nominating election which would be sufficient, if such wrongful or unlaw- ful act or acts had been done by such candidate at the regular general election, to cause his removal from office, he shall, upon conviction thereof, be removed from office in like manner as though such wrongful or unlawful act or acts had been committed by him at a regular general election, notwithstand- ing that he may have been regularly elected and shall not have been guilty of any wrongful or unlawful act at the election at which he shall have been elected to his office. 3391. Provisions of Election Law Applicable. The provisions of Sections 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2065, 2066, 2067, and 2130 shall apply to and are hereby made applicable to primary nom- inating elections held under the provisions of this law. 3392. Ballots Printed and Furnished by County Clerk. The county clerk of each county shall cause to be printed, according to law, all the ballots required under the provisions of this act, and shall furnish the same in the manner herein- after provided for the use of all electors in the county. Ballots other than those furnished by the respective county clerks 80 STATUTES RELATING TO ELECTIONS. according to the provisions of this act shall not be used or circulated or cast or counted in any election provided for in this act. 3393. Directions as to Ballots and Sample Ballots. All ballots designed to be voted shall be printed in black ink upon a good quality of white paper, and shall be alike and of the same size in the same county at the same election. Dupli- cate impressions of the same shall be printed upon cheaper colored paper, so as to be readily distinguished from the white ballots. These colored ballots shall be used solely as sample ballots for the information and convenience of the voters, and shall not be voted, and if voted shall not be counted. 3394. Official Ballot; Arrangement of Candidates' Names; Form Of. The ballot shall be styled "Official Ballot"; shall state the number or name of the precinct and county they are intended for, and the date when the election is to be held ; shall contain the names of all the candidates for offices to be filled at that election whose nominations have been duly made and accepted as herein provided, and who have not died or withdrawn, and shall contain no other names of persons except that in the case of electors of President and Vice-President of the United States, the names of the candidates for President and Vice-President may be added to the party or political desig- nation ; the name of each person nominated shall be printed upon the ballot in but one place, without regard to how many times he may have been nominated, but there shall be added opposite thereto the party or political designation, expressed in not more than three words for any one party, as specified in each of the certificates of nomination nominating him for the office, and which he has accepted. The names of the candidates for each office shall be arranged under the designa- tion of the office, in alphabetical order, according to surnames, except that the names of candidates for the offices of electors of President and Vice-President and for the Senate and House of Representatives shall be arranged in groups, as presented in the several certificates of nomination. There shall be left at the end of the list of candidates for each different office blank spaces, in which the elector may write the name of any person not printed on the ballot for whom he desires to vote as a candidate for such office. On the left margin of the ballots the name of the uppermost candidate as printed shall be numbered 12, the next candidate 13, the next 14, and so on consecutively to the end of the ballot. The blank lines shall not be numbered. Whenever the approval of a constitu- tional amendment or other question is submitted to the vote STATUTES RELATING TO ELECTIONS. 81 of the people, such questions shall be printed upon the ballot after the list of candidates, and each answer shall be num- bered on the left margin, as in the case of names of candidates. Each ballot shall have along the top thereof a stub one and one-half inches wide, perforated along the lower edge thereof ; on the left half of the stub shall be printed the words, "Stub to be torn off by the chairman, " and on the right half, "Stub to be torn off by the first clerk." The colored or sample bal- lots need not be perforated. Immediately below the perforated line shall be printed, in capitals, these words, "Official ballot for- Precinct,- County, June , 19 ." Under this caption shall be printed, in bold-faced type, the words, "Mark between the number and name of each candidate or answer voted for." Below this shall be printed in the man- ner aforesaid 1. The candidates for State offices ; 2. For district and county offices; 3. For precinct offices; 4. For other offices or constitutional amendments or ques- tions submitted to a vote of the people. The ballots shall be printed so as to give each elector a clear opportunity to designate his choice of candidates and his answer to the questions submitted by making a mark to the left of the name of the candidate he wishes to vote for, for each office, or to the left of the answer he wishes to make to each question submitted; and on the ballot may be printed such words as will aid the elector to do this, as "Vote for one," "Vote for three," "Yes," "No," and the like. The ballot shall be of sufficient length and width to permit this to be properly done. The white ballot shall be arranged and printed in substantially the following form: 82 STATUTES RELATING TO ELECTIONS. 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