ELECTION LAWS OP THE State of North Dakota 192 1 PUBLISHED UNDER LEGISLATIVE AUTHORITY BY THOMAS HALL SECRETARY OF STATE EDITED BY MAURICE W. DUFFY DEPUTY 198' ERRATA Index, beginning on page 425, line 23, reading, "canvassing votes not polled at established precincts 1030 down to line 12 on page 426, reading, 'i-emoval Const. 197 38" under title "OFFICERS," should be under title "PENALTIES," on page 428. ELECTION LAWS OF THE State of North Dakota 19 2 1 PUBLISHED UNDER LEGISLATIVE AUTHORITY BY THOMAS HALL SECRETARY OF STATE EDITED BY MAURICE W. DUFFY DEPUTY J KIU3 NORMANDEN PUBLISHING CO. State printers Grand forks, n. D. 1. PREFACE This Compilation does not embrace the school laws; these may be- found in the General School Laws published by the Superintendent or Public Instruction. The drainage and irrigation laws will be published by the State Engineer; the election provisions contained therein are therefore omitted from this volume. The Code of 1877, subsequent session laws, codifications and compil- ations have been carefully checked to detect any omissions from the 1913- compilation ; sections repealed specifically or by subsequent legislation covering the same subject, and sections held unconstitutional by the supreme- court have been omitted. Insertions and omissions are indicated in the text. Annotations have been brought down to date and more than one hundred opinions by former Attorney Generals construing various sections have been included. Whether these annotations and opinions are confusing or enlightening may be debatable, but they at least forcibly illustrate the necessity of drafting laws so that the opportunity for "construing" shall be reduced to the minimum. With the theory prevailing that any person is competent to be a legislator except one who is "learned in the law" ; with courts "unbound by precedent, unfettered by law," it is probably too optimistic to hope some day to see an election code that the ordinary voter can understand. THOMAS HALL, Secretary of State- Bismarck, N. Dak., August 1st, 1921. M144120 CONSTITUTION OF THE United States of America We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America. Preamble; purpose. 21 Wall, 162, 22 L. Ed. 627. ARTICLE 1.— THE CONGRESS. § 2. The house of representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. No person shall be representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. When vacancies happen in the representation from any state the executive authority thereof shall issue writs of election to fill such vacancies, Cl. 1. Election of representatives. 21 Wall. 162, 22 L. ed. 627; 110 U. S. 651, 28 L. ed. 274; 134 U. S. m, 33 L. ed. 951; 146 U. S. 1, 36 L, ed. 869; 193 U. S. 621, 48 L. ed. 817. Cl. 2. Qualifications of representatives. 143 U. S. 135, 36 L. ed. 103; 157 U. S. 429, 39 L. ed. 759; 169 U. S. 649, 42 L. ed. 890, Cl. 4. Vacancies. 146 U. S. 1, 36 L. ed. 869. § 3. The senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years, and each senator shall have one vote. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expira- tion of the second year ; of the second class, at the expiration of the fourth year; and of the third class, at the expiration of the sixth year, so that ti ^^^^'^Z I- " .:. ^-^^ STATE OF NORTH DAKOTA Vg : ■ '^g g — ^-^rt one-third may be chosen every second year; and if vacancies happen by resignation or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature which shall then fill such vacancies. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. See 17th Amendment. Cl. 1. Senate. 21 Wall, 162, 22 L. ed. 627; 134 U. S. 377, 33 L. ed. 951. CI. 3. Qualifications of senators. 143 U. S. 135, 36 L. ed. 103; 169 U. S. 649, 42 L. ed. 890. § 4. 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 every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. See Newberry vs. U. S. 65 L. ed. 554. Cl. 1. Elections. 7 How. 283, 12 L. ed. 702; 19 How. 393, 15 L. ed. 691; 21 Wall. 1622, 22 L. ed. 627; 92 U. S. 214, 23 L. ed. 563; 135 U. S. 1, 34 L. ed. 55; 146 U. S. 1, 36 L. ed. 869. ■ Cl. 2. Sessions. 175 U. S. 423, 44 L. ed. 223. § 5. Each house shall be the judge of the elections, returns and qua- lifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to- day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each house may provide. § 6. The senators and representatives shall receive a compensation, for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. No senator or representative shall, during the time for which he was elected, be appointed to any civil oflBce under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States shall be a member of either house during, his continuance in office. Disabilities and privileges. 196 U. S. 283, 49 L. ed. 482; 207 U. S. 425, 52 L. ed. 278. CONSTITUTION OF THE UNITED STATES § 8. The congress shall have power : * • * * «♦ • • • • ^ To establish an uniform rule of naturalisation. • • • ARTICLE 2— THE EXECUTIVE § 1, 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 representative, 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 whi«h they shall give their votes ; which day shall be the same throughout the United States. No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained to the age of thirty -five years, and been four- teen years a resident within the United States. In case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the vice-president, and the congress may by law provide for the case of removal, death, resignation, or inability, both of the president and vice-president, declaring what officer shall then act as president, and such officer shall act accordingly, until the disability be removed, or a president shall be elected. The president shall, at stated times, receive for his services a com- pensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. Before he enters on the execution of his office, he shall take the fol- lowing oath or affirmation : "I do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States, and will, to the best of my ability, preserve, protect and defend the constitution of the United States." See 12th Amendment. CI. 1. President and vice-president. 9 Wheat. 739, 6 L. ed. 204. 10 STATE OF NORTH DAKOTA CI. 2. Electors. 21 Wall. 162, 22 L. ed. 627; 146 U. S. 1, 36 L. ed. 869. CI. 3 Vote of electors. 92 U. S. 214, 23 L. ed. 563; 134 U. S. Zll, ZZ L. ed. 951. CI. 5. Qualifications for president. 19 How. 393, 15 L. ed. 691 ; 21 Wall. 162, 22 L. ed. 627; 143 U. S. 135; 36 L. ed. 103; 182 U. S. 244, 45 L. ed. 1088. ARTICLE 6.— MISCELLANEOUS PROVISIONS. This constitution, and the laws of the United States, which shall be made in pursuance thereof, and all treaties made or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation to support this constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States. Cl. 2. Supremacy of Constitution. 3 Dall. 199, 1 L. ed. 568; 6 Wheat. 264, 5 L. ed. 257; 5 Pet. 1, 8 L. ed. 25; 5 How. 410, 12 L. ed. 213; 5 How. 504, 12 L. ed. 256; 7 How. 283, 12 L. ed. 702; 6 Wall. 247, 18 L. ed. 851; 6 Wall. 594, 18 L. ed. 897; 11 Wall. 616, 20 L. ed. 227; 12 Wall. 457, 20 L. ed. 287; 91 U. S. 29, 23 L. ed. 196; 92 U. S. 90, 23 L. ed. 678; 96 U. S. 1, 24 L. ed. 708; 100 U. S. 483, 25 L. ed. 628; 135 U. S. 1, 34 L. ed. 55; 144 U. S. 323, 36 L. ed. 450; 158 U. S. 98, 39 L. ed. 910; 161 U. S. 591, 40 L. ed. 819; 177 U. S. 505, 44 L. ed. 864; 182 U. S. 1, 45 L. ed. 1041; 182 U. S. 244, 45 L. ed. 1088; 183 U. S. 138, 46 L. ed. 120; 199 U. S. 437, 50 L. ed. 261; 224 U. S. 583, 56 L. ed. 894. Oath of office; religious test. 22 Wall. 99, 22 L. ed. 816. ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE CONSTITUTION OF THE UNITED STATES OF AMERICA. ARTICLE 12. The electors shall meet in their respective states, and vote by ballot for president and vice-president, one of whom, at least, shall not be an inhabitant of the same state with themselves. They shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice-president; and they shall make distinct lists of all per- sons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each ; which lists they shall sign and cer- tify, and transmit sealed to the seat of government of the United States, CONSTITUTION OF THE UNITED STATES directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all the cer- tificates, ajnd the votes shall then be counted. The person having the greatest number of votes for president, shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the pres- ident But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as president, as in the case of the death or other constitutional disability of the president. The person having the greatest number of votes as vice-president shall be the vice-president, if such number be a majority of the whole number of electors appointed ; and if no person have a majority, then from the two highest numbers on the list the senate shall choose the vice-president. A quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States. Election of president. 134 U. S. 377, 33 L. ed. 951; 146 U. S. 1, 36 L. ed. 869; 182 U. S. 244, 45 L. ed. 1088. ARTICLE 14. § 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the state wherein they reside. No state shall make or enforce any law 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, with- out due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. Citizenship. 16 Wall. 36, 21 L. ed. 394; 92 U. S. 214, 23 L. ed. 563; 97 U. S. 646, 24 L. ed. 1057; 104 U. S. 5, 26 L. ed. 643; 112 U. S. 94, 28 L. ed. 643; 118 U. S. 375, 30 L. ed. 228; 120 U. S. 678, 30 L. ed. 766; 127 U. S. 265, 32 L. ed. 239; 138 U. S. 694, 34 L. ed. 1078; 143 U. S. 135, 36 L. ed. 103; 145 U. S. 444, 36 L. ed. 768; 149 U. S. 698; 37 L. ed. 905; 155 U. S. 648, 39 L. ed. 297; 169 U. S. 649, 42 L. cd. 890; 172 U. S. 239, 43 L. cd. 432; 172 U. S. 557, 43 L. ed. 552; 182 U. S. 244, 45 L. ed. 1088; 193 U. S. 146, 48 L. ed. 655; 193 U. S. 621, 48 L. ed. 817; 194 U. S. 377, 48 L. ed. 1027. S 2. Representatives shall be apportioned among the several states according to their resi)ective numbers, counting the whole number of per- 12 STATE OF NORTH DAKOTA sons in each state, excluding Indians not taxed. But when the right to rote at any election for the choice of electors for president and vice-pres- ident of the United States, representatives in congress, the executive and judicial officers of a state, or the members of the legislature thereof, 1* denied to any of the male inhabitants of such state, being twenty-one years of age and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representatioa therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one yeara of age in such state. Apportionment of representatives and taxes. 21 Wall. 162, 22 L. ed. 627; 92 U. S. 214, 23 L. ed. 563; 146 U. S. 1, 36 L. ed. 869; 157 U. S. 429, 39 L. ed. 759. § 3. No person shall be a senator or representative in congress, or elector of president and vice-president, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath as a member of congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or com- fort to the enemies thereof. But congress may, by a vote of two-thirds of each house, remove such disability. Disabilities. 9 Wall. 611, 19 L. ed. 565. § 5. The congress shall have power to enforce, by appropriate legisla- race, color or previous condition of servitude. Enforcement. 100 U. S. 313, 25 L. ed. 667; 100 U. S. 339, 25 L. ed. 676; 106 U. S. 629, 27 L. ed. 290. ARTICLE 15. § 1. 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 conditions of servitude. Right to vote. 13 Wall. 646, 20 L. ed. 685; 16 Wall. 36, 21 L. ed. 394; 18 Wall. 648, 21 L. ed. 966; 21 Wall. 162, 22 L. ed. 627; 92 U. S. 214, 23 L. ed. 563; 92 U. S. 542, 23 L. ed. 588; 100 U. S. 339, 25 L. ed. 676; 103 U. S. 370, 26 L. ed. 567; 106 U. S. 629, 27 L. ed. 290; 109 U. S. 3, 27 L. ed. 836; 112 U, S. 94, 28 L. ed. 643; 120 U. S. 678, 30 L. ed. 766; 120 U. S. 600, 30 L. ed. 798; 144 U. S. 263, 36 L. ed. 429; 146 U. S. 1, 36 L. ed. 869; 169 U. S. 649, 42 L. ed. 890; 176 U. S. 581, 44 L. ed. 597; 182 U. S. 244, 45 L. ed. 1088; 189 U. S. 475, 47 L. ed. 909; 190 U. S. 127, 47 L. ed. 979; 193 U. S. 146, 48 L. ed. 655; 197 U. S. 207, 49 L. ed. 726. § 2. The congress shall have power to enforce this article by appro- priate legislation. CONSTITUTION OF THE UNITED STATES ARTICLE 17. 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 electors 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 api>ointments until the people fill the vacancies by election as the legislature may direct. This amendment shall not be so construed as to effect the election or term of any senator chosen before it becomes valid as part of the con- stitution. See Newberry v. U. S. 65 L. ed. 554. ARTICLE 19. 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 sex. Congress shall have power to enforce this article by appropriate legis- lation. NOTE: — The constitution was adopted September 17, 1787, by the unanimous consent of the states present in the convention appointed in pursuance of the resolution of the congress of the confederation of February 21, 1787, and was ratified by the convention of the several states, as fol- lows, viz: By convention of Delaware, December 7, 1787; Pennsylavania, December 12, 1787; New Jersey, December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9, 1788; Massachusetts, February 6, 1788; Maryland, April 28, 1788 ; South Carolina, May 23, 1788 ; New Hampshire, June 21, 1788; Virginia, June 26, 1788; New York, July 26, 1788; North Carolina, November 21, 1789; Rhode Island, May 29, 1790. The first ten of the amendments were proposed at the first session of the first congress of the United States, September 25, 1789, and were finally ratified by the constitutional number of states, December 15, 1791. The eleventh amendment was proposed at the first session of the third congress, March 5, 1794, and was declared in a message from the president of the United States to both houses of congress, dated January 8, 1798, to have been adopted by the constitutional number of states. The twelfth amendment was proposed at the first session of the eighth congress, December 12, 1803, and was adopted by the constitutional num- 14 STATE OF NORTH DAKOTi^ ber of states in 1804, according to a public notice thereof by the secretary of state, dated September 25, 1804. The thirteenth amendment was proposed at the second session of the thirty-eighth congress, February 1, 1865, and was adopted by the constitu- tional number of states in 1865, according to a public notice thereof by the secretary of state, dated December 18, 1865. The fourteenth amendment took effect July 28, 1868. The fifteenth amendment took effect Mar. 30, 1870. The sixteenth amendment took effect February 25, 1913. The seventeenth amendment took effect May 31, 1913. The eighteenth amendment took effect January 29, 1920. The nineteenth amendment took effect August 26, 1920. POWER OF STATE TO IMPOSE QUALIFICATIONS. Under our system of government, the power to determine the qualifi- cations that must be jwssessed by those i)ersons who shall be entitled to vote at elections resides in the states. Among the absolute, unqualified rights of the states is the right of regulating the elective franchise. The United States have no voters of their own. Nor has the constitution of the United States given to the Congress the power to prescribe qualifica- tions for electors in the states. The only restriction upon the power of the states to fix the qualifications of voters is that imposed by the fif- teenth amendment to the constitution of the United States, which forbids any discrimination "on account of race, color, or previous condition of servitude" : McCrary on Elections, 2nd ed., sees. 1-3 ; Morse on Citizen- ship, sec. 3; Minor v. Happersett, 21 Wall. 162; United States v. Cruik- fihank, 92 U. S. 542; United States v. Reese, 92 Id. 214; Van Valkenburg V. Brown, 43 Cal. 43; Anderson v. Baker, 23 Md. 531; Huber v. Reily, 53 Pa. St. 115; Ridley v. Sherbrook, 3 Cold. 569; State v. Staten, 6 Id. 233; Story on Constitution, sees. 581-582. The power of the state to determine the class of inhabitants who may vote is not curtailed by the fourteenth amendment to the constitution of the United States. The elective franchise is not one of the privileges or immunities mentioned in the first section of that amendment ; Van Valkenburg v. Brown, 43 Cal. 43. In the case of Dred Scott v. Sandford, 19 How. 393, it was said by the majority of the court that a state may, by its laws passed since the adoption of the con- stitution of the United States put a foreigner or any other description of persons upon the same footing with its own citizens as to all the rights and privileges enjoyed by them within its dominions. But that will not make him a citizen of the United States, nor entitle him to sue in its courts, nor to any of the privileges and immunities of a citizen in another state. The fifteenth amendment to the federal constitution has invested citizens of the United States with a new constitutional right, which is exemption from discrimination in the elective franchise on account of CONSTITUTION OF THE UNITED STATES race, color, or previous condition of servitude : United States v. Reese, 92 U. S. 214; Van Valkenburg v. Brown, 43 Cal. 43. Its effect was to render absolutely null and void all provisions of a state constitution or of a state law that were in conflict with it, or with any act of Congress passed to enforce it, which is appropriate to that purpose; McCrary on Elec- tions, 2d ed., sec. 2; Van Valkenburg v. Brown, 43 Cal. 43; Wood v. Fitz- gerald, 3 Or. 568. There is one way in which Congress may affect the number of voters in a state. It may as a penalty imi>ose upon a criminal the forfeiture of his citizenship of the United States, and then if the state constitution allows only citizens of the United States to vote, such disfranchised persons will be deprived of the right to vote in such state; Huber v. Riley, 53 Pa. St. 112, 97 Am., Dec. 263. See 9 R. C. L. 980. AS AFFECTED BY ACTS OF CONGRESS. Congress has the power to legislate in regard to presidential or con- gressional elections. Ex parte Yarbrough, 110 U. S. 651, 28 L. ed. 274; Ex parte Clarke, 100 U. S. 399; United States v. Munford, 16 Fed. Rep. 223. And in such matters if the regulations of a state should conflict with those of congress, the latter must prevail, and the former would be void. Ex parte Siebold, 100 U. S. 371, 25 L. ed. 717. RIGHT TO VOTE. The 14th Amendment to the Constitution of the United States pro- vides: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States." And the 15th Amendment provides: "Section 1. 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." In Spencer v. Board of Registration, 1 McArth, 169, 29 Am. Rep. 582, the court held that these provisions were the cre- ation of a constitutional condition that required the supervention of legis- lative power in the exercise of legislative discretion to give it effect. And further, that the constitutional capacity of becoming a voter was dormant until made effective by legislative action. 21 L. R. A. 662. RIGHT IS NOT ABSOLUTE. The right to vote is not an absolute one. People v. Barber, 48 Hun. 198. It is a right or privilege arising under the constitution of the state, and not under the Constitution of the United States. United States v. Anthony, 11 Blatchf. 200, where the defendant was prosecuted for illegal 16 STATE OF NORTH DAKOTA voting at an election for representatives for congress contrary to the New York law, and found guilty. If the right belongs to any particular person it is because such person is entitled to it by the laws of the state where he offers to exercise it, and not because of citizenship of the United States. Ibid. 21 L. R. A. 662. To the same effect, People v. Barber, 48 Hun. 198. Suffrage was not co-extensive with the citizenship of the states at the time it was adopted, and was not intended to make all citizens voters. Minor v. Happersett, 88 U. S., 21 WaU. 162, 22 L. ed. 627. The 14th and 15th Amendments to the Constitution of the United States do not extend to the right of women to vote. Van Valkenburg v. Brown, 43 Cal. 43. 13 Am. Rep. 136. CONSTITUTION OF NORTH DAKOTA V CONSTITUTION (Adopted Oct. 1, 1889; yeas, 27,441; nays, 8,107.) PREAaiBLE. We, the people of North Dakota, grateful to Almighty God for the bles- sings of civil and religious liberty, do ordain and establish this con- stitution. ARTICLE 1. DECLARATION OF RIGHTS. § 1. All men are by nature equally free and independent and have certain inalienable rights, among which are those of enjoying and defend- ing life and liberty ; acquiring, possessing and protecting property and re- putation ; and pursuing and obtaining safety and happiness. Provision exacting fees for printing names of candidates on official ballot is an arbitrary and unreasonable regulation. Johnson v. Grand Forks Co., 16 N. D. 363, 113 N. W. 1071, 125 Am. St. Rep. 662, followed Johnson v. Grand Forks Co., 22 N. D. 613, 135 N. W. 179. Primary election law must be reasonable, uniform in operation and bear with substantial equality upon all parties and candidates. Provision requiring 30% of party vote to make nomination, invalid. State v. Hamilton, 20 N. D. 592, 129 N. W. 916 overruling State v. Anderson, 18 N. D. 149, 118 N. W. 22. 25% requirement invalid. State v. Flaherty, 40 N. D. 487, 169 N. W. 93. Imposing additional oath as qualification for office, invalid. State v. Blais- dell, 18 N. D. 55, 118 N. W. 141. § 2. All political power is inherent in the people. Government is in- stituted for the protection, security and benefit of the people, and they have a right to :»lter or reform the same whenever the public good may require. The sovereign authority — the people — in creating a state government can lodge the authority to appoint its officers in any branch of that government. State V. Boucher, 3 N. D. 389. 56 N. W. 142. Constitutions are means employed by sovereign people to limit powers of their agent. State v. Taylor, 22 N. D. 362, 133 N. W. 1046. All political power inherent in the people. State v. Taylor, 33 N. D. 76, 156 N. W. 561, L. R. A. 1918B 156. State v. Hall — N. D.— , 171 N. W. 213. The sovereignty of the people, and the right to alter or reform the existing government lie at the very foundation of our governmental existence. State v. HaU, 35 N. D. 34, 159 N. W. 281. Dissenting opinion. Moody v. Hagen, 36 N. D. 471, 162 N. W. 704, L. R. A. 1918F, 947, 245 U. S. 633. Protection, security and benefit of the people. Brown ▼. Steckler, 40 N. D. 113, 168 N. W. 670. 1 A. L. R. 753. STATE OF NORTH DAKOTA State V. State Board of Canvassers, N. D. , 172 N, W. 80 (93). Daly V. Beery, N. D. , 178 N. W. 104. § 10. The citizens liave a riglit in a peaceable manner, to assemble together for the common good, and to apply to those invested with the powers of government for the redress of grievances, or for other proper purposes, by petition, address or remonstrance. Legislature has power to require nomination to be made at primary elec- tions by use of ballot, and may provide that such elections shall be conducted within organized political parties. State v. Flaherty, 23 N. D. 313, 41 L. R. A. (N. S.) 132, 136 N. W. 76. § 11. All laws of a general nature shall have a uniform operation. A law regulating relocation of county seats must not arbitrarily classify counties. Edmonds v. Herbranson, 2 N. D. 270, 14 L. R. A. 725, 50 N. W. 970. Law allowing unorganized school township containing a city of 800 inhabit- ants or more to organize district school township, void. Plummer v. Borsheim, 8 N. D. 565, 80 N. W. 690. See dissenting opinion. Ex parte Corliss, 16 N. D. 470 (543), 114 N. W. 962. Arbitrary classification, county seat removal law. In re Connolly, 17 N. D. 546, 117 N. W. 946. Provision in primary law that no nomination is made unless vote cast is at least 30% of total number cast for secretary of state at last general election, invalid. State v. Hamilton, 20 N. D. 592, 129 N. W. 916 overruling State v. An- derson, 18 N. D. 149, 118 N. W. 22. 25% clause invalid. State v. Flaherty, 40 N. D. 487, 169 N. W. 93. State bonding act valid. State v. Taylor, 33 N. D. 76, 156 N. W. 561. § 20. No special privileges or immunities shall ever be granted which may not be altered, revoked or repealed by the legislative assembly; nor shall any citizen or class of citizens be granted privileges or immunities which upon the same terms shall not be granted to all citizens. Law must operate alike upon all in a like situation. State V. Flaherty, 23 N. D. 313 (330); 41 L. R. A. (N. S.) 132; 136 N. W. 76. State V. Anderson, 22 N. D. 65; 132 N. W. 433. Primary election law must bear with substantial equality upon parties, can- didates, and all classes of citizens. State v. Hamilton, N. D. 592; 129 N. W. 916 overruling State v. Anderson, 18 N. D. 149; 118 N. W. 22. State v. Flaherty, 40 N. D. 487, 169 N. W. 93. Equal privileges and immunities. 14 L. R. A. 579; 34 L. R. A. (N. S.) 481. § 21. The provisions of this constitution are mandatory and prohibi- tory, unless, by express words, they are declared to be otherwise. This section recognizes and establishes a sound rule to be observed in the interpretation of the organic law. It is a rule applicable alike to statutory and constitutional law, that when the law directs something to be done in a given manner, or at a particular time or place, then there is an implied prohibition against any other mode or time or place for doing the act. State v. Stark Co., 14 N. D. 368, 103 N. W. 913. All constitutional provisions are mandatory unless expressly declared to be otherwise. State v. Budge, 14 N. D. 532, 105 N. W. 724. Johnson v. Grand Forks Co., 16 N. D. 363, 113 N. W. 1071. State v. Hall, 35 N. D. 34 (45), 159 N. W. 281. CONSTITUTION OF NORTH DAKOTA 19 § 24. To guard against transgressions of the high powers which we have delegated, we declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate. State V. Frazier, 39 N. D. 430, 167 N. W. 510. ARTICLE 2.— THE LEGISLATIVE DEPARTMNNT. § 25. The legislative power shall be vested in a senate and house of representatives. See articles 15 and 26 of Amendments. The power to authorize the issuance of bonds is vested in the voters, and they cannot delegate such power to the city council. Stern v. Fargo, 18 N. D. 289, 122 N. W. 403; 26 L. R. A. (N. S.) 665. Kerlin v. Devils Lake, 25 N. D. 207 (236), 141 N. W. 756, Ann. Cas. 1915 C. 624. Law allowing voters to express their preference for United States Senator, not a delegation of legislative power. State v. Blaisdell, 18 N. D. 55, 118 N. W. 141; 24 L. R. A. (N. S.) 465, 138 Am. St. Rep. 741. Proposal of constitutional amendments, not legislation. State v. Hall, 35 N. D. 34, 159 N. W. 281, overruled State v. Hall, N. D. , 171 N. W. 213. Function of canvassing board, legislative in character. State v. State Board of Canvassers, N. D. , 172 N. W. 80. State Publication and Printing Commission. Daly v. Beery, N. D. , 178 N. W. 104. Legislative power vested in the legislature and in the people. State v. Olson, N. D. , 176 N. W. 528. § 26. The senate shall be composed of not less than thirty nor more than fifty members. State V. Meyer, 20 N. D. 628, 127 N. W. 834. § 27. Senators shall be elected for the term of four years, except as hereinafter provided. Expiration of the terms of senators depends upon the original classification made in 1891. State v. Meyer, 20 N. D. 628, 127 N. W. 834 § 28. No person shall be a senator who is not a qualified elector in the district in which he may be chosen, and who shall not have attained the age of twenty-five years, and have been a resident of the state or territory for two years next preceding his election Qualified electors are male persons only, possessing other qualifications enumerated in section 121 of the constitution. Wagar v. Prindeville, 21 N. D. 245, 130 N. W. 224. Imposing additional oath as qualification for office, invalid. State v. Blais- dell, 18 N. D. 55, 118 N. W. 141. England v. Townley, N. D. , 174 N. W. 755. § 29. The Legislative assembly shall fix the number of senators, and divide the state into as many senatorial districts as there are senators. 20 STATE OF NORTH DAKOTA which districts as nearly as may be, shall be equal to each other in the number of inhabitants entitled to representation. Each district shall be entitled to one senator and no more, and shall be composed of compact and contiguous territory ; and no portion of any county shall be attached to any other county, or part thereof, so as to form a district. The districts as thus ascertained and determined shall continue until changed by law. State V. Meyer, 20 N. D. 628, 127 N. W. 834. § 30. The senatorial districts shall be numbered consecutively from ■one upwards, according to the number of districts prescribed, and the sen- ators shall be divided into two classes. Those elected in the districts designated by even numbers shall constitute one class, and those elected in districts designated by odd numbers shall constitute the other class. The jsenators of one class elected in the year 1890 shall hold their oflSce for two years, those of the other class shall hold their office four years, and the -determination of the two classes shall be by lot, so that one-half of the senators as nearly as practicable, may be elected biennially. Senate must be composed at all times of two classes of senators, as nearly equal in number as practicable. State r. Meyer, 20 N. D. 628, 127 N. W. 834. § 32. The house of representatives shall be composed of not less than .«ixty, nor more than one hundred and forty members. § 33. Representatives shall be elected for the term of two years. § 34. No person shall be a representative who is not a qualified elector in the district for which he may be chosen, and who shall not have at- tained the age of twenty-one years, and have been a resident of the state •or territory for two years next preceding his election. Qualified electors. Wagar v. PrindevUlc, 21 N. D. 245, 130 N. W. 224. Imposing additional oath as qualification for office invalid. State v. Blais- dell, 18 N. D. 55. 118 N. W. 141. Members of state legislature as public officers. 17 L. R. A. 247. Right of women to legislative office. 38 L. R. A. 210. § 35. The members of the house of representatives shall be appor- tioned to and elected at large from each senatorial district. The legisla- tive assembly shall, in the year 1895, and every tenth year, cause an enumeration to be made of all the inhabitants of this state, and shall at its first regular session after each such enumeration, and also after each fed- •eral census, proceed to fix by law the number of senators, which shall con- stitute the senate of North Dakota, and the number of representatives which shall constitute the house of representatives of North Dakota, within the limits prescribed by this constitution and at the same session shall proceed to reapportion the state into senatorial districts, as prescribed by this constitution, and to fix the number of members of the house of repre- sentatives to be elected from the several senatorial districts; provided, that the legislative assembly may at any regular session, redistrict the CONSTITUTION OF NORTH DAKOTA 21 State into senatorial districts, and apportion the senators and representa- tives respectively. State V. Meyer, 20 N. D. 628, 127 N. W. 834. State V. Olson, N. D. . 176 N. W. 528. Election districts; validity of apportionment. 15 L. R. A. 561. interference with, by annexation of property of municipality. 27 L. R. A., 744. effect of laches in questioning unconstitutional apportionment of. 10 L. R. A. (N. S.) 1184. § 37. No judge or clerk of any court, secretary of state, attorney gen- eral, register of deeds, sheriff or person holding any office of profit under this, state, except in the militia or the office of attorney at law, notary public or justice of the peace, and no person holding any office of profit or honor under any foreign government, or under the government of the United States, except postmasters whose annual compensation does not exceed the sum of three hundred dollars, shall hold any office in either branch of the legislative assembly or become a member thereof. See opinions of the attorney general, Nos. 1 and 2. § 38. No member of the legislative assembly, expelled for corruption, and no person convicted of bribery, perjury or other infamous crime, shall be eligible to the legislative assembly, or to any office in either brancb thereof. § 39. No member of the legislative assembly shall, during the term for which he was elected, be appointed or elected to any civil office in this state, which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected ; nor shall any member receive any civil appointment from the governor, or governor and senate, during the term for which he shall have been elected. State V. Boucher, 3 N. D. 389, 56 N. W. 142. See opinions of the attorney general. No. 3. § 40. If any person elected to either house of the legislative assembly shall offer or promise to give his vote or influence, in favor of, or against any measures or proposition pending or proposed to be introduced into the legislative assembly, in consideration, or upon conditions, that any other person elected to the same legislative assembly will give, or will promise or assent to give, his vote or influence in favor of or against any other measure or proposition, pending or proposed to be introduced into such legislative assembly, the person making such offer or promise shall be deemed guilty of solicitation of bribery. If any member of the legislative assembly shall give his vote or influence for or against any measure or proposition, pending or proposed to be introduced into such legislative as- sembly, or offer, promise to assent so to do upon condition that any other member will give, promise or assent to give his vote or influence in favor of or egninst any other such measure or proposition pending or proposed 22 STATE OF NORTH DAKOTA to be introduced into such legislative assembly, or in consideration that any other member hath given his vote or influence, for or against any other measure or proposition in such legislative assembly, he shall be deemed guilty of bribery. And any person, member of the legislative as- sembly or person elected thereto, who shall be guilty of either such of- fenses, shall be expelled, and shall not thereafter be eligible to the legis- lative assembly, and on the conviction thereof in the civil courts, shall be liable to such further penalty as may be prescribed by law. § 41. The term of service of the members of the legislative assembly shall begin on the first Tuesday in January, next after their election. Applies only to legislature subsequent to the first, elected in the regular manner and at the regular time. State v. Barnes, 3 N. D. 319, 55 N. W. 883. State V. Olson, N. D. , 176 N. W. 528. § 44. The governor shall issue writs of election to fill such vacancies as may occur in either house of the legislative assembly. § 47. Each house shall be the judge of the election returns and quali- fications of its own members. Direction by court that county auditor put names of candidates for senator on primary election ballot not infringement on right of senate to judge of qualifications of its members. State v. Meyers, 20 N. D. 628, 127 N. W. 834. Does not prevent the legislature from vesting jurisdiction in the courts to decide legislative nomination contests. Lew v. Montgomery, 31 N. D. 1, 148 N. W. 663. The question whether a senator has been elected in the constitutional way is not a judicial question for the courts to determine. State v. Blaisdell, 18 N. D. 55 (64), 118 N. W. 141. Even if it be conceded that United States Senators, members of the legisla- ture, and officers subject to impeachment cannot be so removed, we would still have a valid enactment. Diehl v. Totten, 32 N. D. 131, 155 N. W. 74. Ann. Cas. 1918 A. 884. § 48. Each house shall have the power to determine the rules of pro- ceedings, and punish its members or other persons for contempt or dis- orderly behavior in its presence ; to protect its members against violence or offers of bribes or private solicitation and with the concurrence of two- thirds to expel a member; and shall have all other powers necessary and usual in the legislative assembly of a free state. But no imprisonment by either house shall continue beyond thirty days. Punishment for contempt or disorderly behavior shall not bar a criminal prosecution for the same offense. Implied restrictions on the power of. 17 L. R. A. 838. Exception in constitutional prohibition as limitation upon legislative power. 36 L. R. A. (N. S.) 7i. Power of legislature, or branch thereof, to appoint a committee to sit after close of session. 10 L. R. A. (N. S.) 172. § 52. The senate and house of representatives jointly shall be desig- nated as the Legislative Assembly of the State of North Dakota. "Legislature" and "Legislative Assembly," synonymous. State v. Olson, N. D. , 176 N. W. 528. CONSTITUTION OF NORTH DAKOTA § 53. The legislative assembly shall meet at the seat of government at twelve o'clock noon on the first Tuesday after the first Monday in January, in the year next following the election of the members thereof. Applies only to legislatures subsequent to the firpt, elected in the regular manner and at the regular time. State ex rel. Larabee v. Barnes, 3 N. D. 319, 55 N. W. 883. State v. Olson, ....N. D , 176 N. W. 528. § 61. No bill shall embrace more than one subject, which shall be expressed in its title, but a bill which violates this provision shall be in- validated thereby only as to so much thereof as shall not be so expressed. Ch. 25, Laws 1895, entitled, "An act to increase the revenues of the state by changing and increasing the boundaries of the counties of Billings, Stark and Mercer. The body of the act simply increased the boundaries of the counties, invalid. Richards v. Stark Co., 8 N. D. 392, 79 N. W. 863. See State v. McLean Co., 11 N. D. 356 (366), 92 N. W. 385. State v. MountraU Co.,*2S N. D. 389, 149 N. W. 120. Provision of act for election of first judge germane to title defining boun- daries of judicial districts and providing terms of court. State v. Burr, 16 N. D. 581, 113 N. W. 705. All the provisions of the act (Primary Election Law) relating to the nom- ination and election of United States Senators are germane to the subject em- braced within the title of the act. State v. Blaisdell, 18 N. D. 55, 118 N. W. 141, 24 L. R. A. (N. S.) 465, 138 Am. St. Rep. 471. Provision that list of names of voters at primary take place of first regis- tration and that notice be given only of date of second day of registration not germane to title relating only to nomination. Fitzmaurice v. Willis, 20 N. D. 372, 127 N. W. 95. Section construed in connection with Art. 26 of Amendments. Daly v. Beery, N. D , 178 N. W. 104. Effect of provisions requiring statute to embrace but one subject which shall be expressed in the title. 61 Am. Dec. 337; 64 Am. St. Rep. 70; 70 Am. St.. Rep. 456. Sufficiency of title of statute embodying a code of compilation of laws. 55 L. R. A. 836. Validity of statute or ordinance authorizing a levying of taxes, incurring of indebtdeness, or the appropriation of money, for two or more purposes. 14 L. R. A. (N. S.) 519. Sufficiency of title of civil service laws. 34 L. R. A. (N. S.) 483. Sufficiency of title of primary election laws. 22 L. R, A. (N, S.) 1137; 41 L. R. A. (N. S.) 133. § 08. The legislative assembly shall pass all laws necessary to carry into effect the provisions of this constitution. See dissenting opinion, ex parte Corliss 16 N, D. 470 (544), 114 N. W. 962. § 69. The legislative assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : 3, Locating or changing county seats. 4. Regulating county or township affairs. 6, Regulating the jurisdiction and duties of justices of the peace, police magistrates or constables. 9. Declaring any person of age. 24 - - STATE OF NORTH DAKOTA 14. The opening or conducting of any election or designating the place of voting. 18. Creating, increasing or decreasing fees, percentages or allowances of public oflBcers. 20. Granting to any corporation, association or individual the right to lay down railroad tracks, or any special or exclusive privilege, .im- munity or franchise whatever. 28. Legalizing, except as against the state, the unauthorized or invalid act of any officer. 30. Restoring to citizenship persons convicted of infamous crimes. 32. Creating offices, or prescribing the powers or duties of officers in counties, cities, townships, election or school districts, or authorizing the adoption or legitimation of children. 33. Incorporation of cities, towns or villages, or changing or amending the charter of any town, city or village. 34. Providing for the election of members of the board of super- visors in townships, incorporated towns or cities. Ch. 56. Laws 1890, special legislation, changing county seats. Edmond vs. Herbrandson, 2 N. D. 270, 50 N. W. 970. 14 L. R. A. 725. Special legislation, changing county seats. In re Connolly, 17 N. D. 546, 117 N. W. 946. Special legislation— par. 4 and 23. Morton v. Holes, 17 N. D. 154, 115 N. W. 256. County seat removal statute, valid, Miller v. Norton, 22 N. D. 196, 132 N. W. 1080. What is special legislation forbidden by constitution. 21 Am St. Rep. 780. What are local or private statutes. 23 Am. Dec. 543; 1 Am. St. Rep. 903. Validity of classification in Sunday law. 14 L. R. A. (N. S.) 1259; 32 L. R. A. (N. S.) 1190. Primary election law as special or local law. 41 L. R. A. (N. S.) 135. Statute providing for commission form of government as special and local legislation. 41 L. R. A. (N. "S.) 112. Curative act as special legislation. 5 L. R. A. (N. S.) 327; 22 L. R. A. (N. S.) 534; 42 L. R. A. (N. S.) 465. Consideration of extrinsic evidence to show unconstitutionality of statute attacked as local. 14 L. R. A. 459. Attack on enrolled bill for failure to give notice of application for passage of. 40 L. R. A. (N. S.) 28. § 70. In all other cases where a general law can be m-ide aplicable, no special law shall be enacted ; nor shall the legislative assembly indirectly enact such special or local law by the partial repeal of a general law; but laws repealing local or special acts may be pissed. Special or local legislation where general laws can be made applicable. 93 Am. St. Rep. 106. General laws must be enacted where applicable; legislative discretion. 14 L. R. A. 566. CONSTITUTION OF NORTH DAKOTA ARTICLE 3— EXECUTIVE DEPARTMENT. § 71. The executive power shall be vested in a governor, who shair reside at the seat of government and shall hold his office for the ternk of two years and until his successor is elected and duly qualified. Appointment to office as an executive function. State v. Boucher, 3 N. D. 389, 56 N. W. 142. Distribution of powers, legislative, executive, jixiicial. State v. Blaisdell, 22 N. D. 86, 132 N. W. 769. Ann. Cas. 1913 E, 1089. State v. Hall, 35 N. D. 34 (61),. 159 N. W. 281. I 72. A lieutenant governor shall be elected at the same time and for the same term as the governor. In case of the death, impeachment, resignation, failure to qualify, absence from the state, removal from office, or the disability of the governor, the powers and duties of the office for the residue of the term, or until he shall be acquitted or the disability be removed, shall devolve upon the lieutenant governor. § 73. No person shall be eligible to the office of governor or lieutenant governor unless he be a citizen of the United States, and a qualified elector of the state, who shall have attained the age of thirty years, and who shall have resided five years next preceding the election within the state or territory, nor shall he be eligible to any other office during the term for which he shall have been elected. Women not electors. Wagar v. Prindeville. 21 N. D. 245, 130 N. W. 224. § 74. The governor and lieutenant governor shall be elected by the qualified electors of the state at the time and places of choosing members of the legislative assembly. The i)ersons hiving the highest number of votes for governor and lieutenant governor respectively shall be declared elected, but if two or more shall have an equal and highest number of votes for governor or lieutenant governor, the two houses of the legis- lative assembly at its next regular session shall forthwith, by joint ballot, choose one of such persons for said office. The returns of the election for governor and lieutenant governor shall be made in such manner as shall be prescribed by law. § 77. The lieutenant governor shall be president of the senate, but shall have no vote unless they be equally divided. If, during a vacancy in the office of governor, the lieutenant governor shall be imi>eached, dis- placed, resign or die, or from mental or physical disease, or otherwise become incapable of performing the duties of his office, the secretary of state shall act as governor until the vacancy shall be filled or the dis- ability removed. § 78. When any office shall from any cause become vacant, and no mode is provided by the constitution or law for filling such vacancy, the Rovernor shall have power to fill such vacancy by appointment. 26 STATE OF NORTH DAKOTA Governor may fill vacancies only where neither constitution nor law has made provision therefor. State v. Boucher, 3 N. D. 389, 21 L. R. A. 539, 56 N. W. 142. State v. Crawford, 36 N. D. 385, 162 N. W. 710. State v. Scow, 38 N. D. 246, 164 N. W. 939. Power of governor to make ad interim appointment to an office whose fixed term expires before the senate's adjournment, where the incumbent is authorized to hold over until his successor is appointed. 465 L. R. A. (N. S.) 1202. § 81. Any governor of this state who asks, receives or agrees to re- ceive any bribe upon any understanding that his official opinion, judg- ment or action shall be influenced thereby or who gives or offers, or promises his official influence in consideration that any member of the legislative assembly shall give his official vote or influence on any par- ticular side of any question or matter upon which he may be required to act in his official capacity, or who menaces any member by the threat- ened use of his veto power, or who offers or promises any member that he, the said governor, will appoint any particular person or persons to any office created or thereafter to be created, in consideration that any member shall give his official vote or influence on any matter pending or thereafter to be introduced into either house of said legislative assembly, or who threatens any member that he, the said governor, will remove any person or persons from office or position with intent in any manner to influence the action of said member, shall be punished in the manner now, or that may hereafter, be provided by luw, and upon conviction thereof shall forfeit all right to hold or exercise any office of trust or honor in this state. § 82. There shall be chosen by the qualified electors of the state at the times and places of choosing members of the legislative assembly, a secretary of state, auditor, treasurer, superintendent of public instruc- tion, commissioner of insurance, three commissioners of railroads, an attorney general and one commissioner of agriculture and labor, who shall have attained the age of twenty-five years, shall be citizens of the United States, and shall have the qualifications of state electors. They shall severally hold their offices at the seat of government, for the term of two years and until their successors are elected and duly qualified, but no person shall be eligible to the office of treasurer for more than two consecutive terms. Commissioners of railroads. State v. Currie, 3 N. D. 310, 55 N. W. 858. Attorney General. State v. District Ct., 19 N. D. 819, 124 N. W. 417. State V. Reiser, 20 N. D. 357, 127 N. W. 72. Women not qualified electors. Wagar v. Prindeville, 21 N. D. 245, 130 N. W. 224. Superintendent of public instruction. Kretchmer v. School Board, 34 N. D. 403 (414), 158 N. W. 993. McDonald v. Nielson, N. D , 175 N. W. 361. State v. Totten N. D 175 N. W. 563. CONSTITUTION OF NORTH DAKOTA 27 ARTICLE 4— JUDICIAL DEPARTMENT § 85. The judicial power of the state of North Dakota shall be vested in a supreme court, district courts, county courts, justices of the peace, and in such other courts as may be created by law for cities, incorporated towns and villages. Judicial office created by constitution cannot be abolished nor can juris- diction as to amount involved be increased or diminished by legislature. Mc- Dermont v. Dinnie, 6 N. D. 278, 69 N. W. 294. Sufficiency of initiative petitions a judicial question. State v. Hall, 35 N. D. 34. 159 N. W. 281. Statute vesting in governor power to remove certain public officers for mal- feasance and disregard of official duty, valid. State v. Frazier, 39 N. D. 430, 167 N. W. 510. § 89. The supreme court shall consist of three judges, a majority of whom shall be necessary to form a quorum or pronounce a decision, but one or more of said judges may adjourn the court from day to day or to a day certain. See articles 10 & 25 of amendments. A judge of the district court who is called to sit in the place of a judge of the supreme court becomes a justice of the supreme court for all purposes in the case in which he is called, and is invested with the same power and authority conferred upon a justice of the supreme court. State v, Robinson, 35 N. D. 410, 160 N. W. 512. State v. Robinson, 35 N. D. 417, 160 N. W. 514. § 90. The judges of the supreme court shall be elected by the quali- fied electors of the state at large, and except as may be otherwise provided herein for the first election for judges under this constitution, «sa id judges shall be elected at general elections. Qualified electors. Wagar v. Prindeville, 21 N. D. 245, 130 N. W. 224. § 91. The term of office of the judges of the supreme court, except as in this article otherwise provided, shall be six years, and they shall hold their offices until their successors are duly qualified. § 92. The judges of the supreme court shall, immediately after the first election under this constitution, be classified by lot so that one shall hold his office for the term of three years, one for the term of five years, and one for the term of seven years from the first Monday in December. A. D. 1889. The lots shall be drawn by the judges, who shall for that purpose assemble at the seat of government, and they shall cause the result thereof to be certified to the secretary of the territory and filed in his office, unless the secretary of state of North Dakota shall have entered upon the duties of his office, in which event said certification shall be filed therein. The judge having the shortest term to serve, not hold- ing his office by election or appointment to fill a vacancy, shall be chief justice and shall preside at all terms of the supreme court, and in case of his absence the judge having in like manner the next shortest term to serve shall preside in his stead. 28 STATE OF NORTH DAKOTA Judges of the supreme court, save the first three, begin their terms of office, on the first Monday in January following their election. State v. Robinson, 35 N. D. 417, 160 N. W. 514. § 94. No person shall be eligible to the office of judge of the supreme court unless he be learned in the law, be at least thirty years of age and a citizen of the United States, nor unless he shall have resided in this state or the territory of Dakota three years next preceding his election. § 98. Any vacancy happening by death, resignation or otherwise in the office of judge of the supreme court shall be filled by appointment, by the governor, which appointment shall continue until the first general election thereafter, when said vacancy shall be filled by election. § 104. The state shall be divided into six judicial districts, in each of which there shall be elected at general election, by the electors thereof, one judge of the district court therein, whose term of office shall be four years from the first Monday in January succeeding his election and until bis successor is duly qualified. This section shall not be construed as governing the first election of district judges under this constitution. For present districts see Ch. 167, S. L. 1919. § 106. The legislative assembly may whenever two-thirds of the members of each house shall concur therein, but not oftener than once in four years increase the number of said judicial districts and the judges thereof; such districts shall be formed from compact territory and bounded by county lines ; but such increase or change in the boundaries of the districts shall not work the removal of any judge from his office during the term for which he may have been elected or appointed. § 107. No person shall be eligible to the office of district judge, unless he be learned in the law, be at least twenty-five years of age, and a citizen of the United States, nor unless he shall have resided within the State or Territory of Dakota at least two years next preceding his elec- tion, nor unless he shall at the time of his election be an elector within the judicial district for which he is elected. § 108. There shall be a clerk of the district court in each organized county in which a court is holden who shall be elected by the qualified electors of the county, and shall hold his office for the same term as other county officers. He shall receive such compensation for his services as may be prescribed by law. COUNTY COURTS § 110. There shall be established in each county a county court, which shall be a court of record open at all times and holden by one judge, elected by the electors of the county, and whose term of office shall be two years. McDermont v. Dinnie, 6 N. D. 278, 69 N. W. 294. § 111. The county court shall have exclusive original jurisdiction in probate and testamentary matters, the appointment of administrators and guardians, the settlement of che accounts of executors, administrators and CONSTITUTION OF NORTH DAKOTA guardians, the sale of lands by executors, administrators and guardians, and such other probate jurisdiction as may be conferred by law ; provided, that whenever the voters of any county having a population of two thousand or over shall decide by a majority vote that they desire the jurisdiction of said court increased above that limited by this constitution, then said county court shall have concurrent jurisdiction with the district courts in all civil actions where the amoimt in controversy does not exceed one thousand dollars, and in all criminal actions below the grade of felony, and in case it is decided by the voters of any county to so increase the jurisdiction of said county court, the jurisdiction in cases of misdemeanors arising under state laws which may have been conferred upon police magistrates, shall cease. The qualifications of the judge of the county court in coimties where the jurisdiction of said court shall have been increased shall be the same as those of the district judge, except that he shall be a resident of the county at the time of his election, and said county judge shall receive such salary for his services as may be provided by law. In case the voters of any county decide to increase the jurisdiction of said county courts, then such jurisdiction as thus increased shall remain until otherwise as provided by law. Jurisdiction of police magistrate where county court hat increased jurti- diction. State t. Russell, 18 N. D. 357, 121 N. W. 9ia "Majority vote" means majority of votes cast on question of increased jurisdiction, and not majority of all votes cast at the election. State v. Fabrick, 18 N. D. 402, 121 N. W. 65, State v. State Board of Canvassers N. D 172 N. W. 80. JUSTICES OF THE PEACE § 112. The legislative assembly shall provide by law for the elec- tion of justices of the peace in each organized county within the state. But the number of said justices to be elected in each organized county shall be limited by law to such a number as shall be necessary for the proper administration of justice. The justices of the peace herein provided for shall have concurrent jurisdiction with the district court in all civil actions when the amount in controversy, exclusive of costs, does not ex- ceed two hundred dollars, and (lq counties where no county court with criminal jurisdiction exists) they shall have such jurisdiction to hear and determine cases of misdemeanor as may be provided by law, but in no case shall said justices of the peace have jurisdiction when the boundaries of or title to real estate shall come in question. The legislative assembly shall have power to abolish the office of justice of the peace and confer that jurisdiction upon judges of county courts or elsewhere. POLICE MAGISTRATES § 113. The legislative assembly shall provide by law for the elec- tion of police magistrate in cities, incorporated towns, and villages, who In addition to their jurisdiction of all cases arising under the ordinance! 30 STATE OF NORTJI DAKOTA of said cities, towns and villages, shall be ex-officio justices of the peace of the county in which said cities, towns and villages may be located. And the legislative assembly may confer upon said police magistrates the jurisdiction to hear, try and determine all cases of misdemeanors, and the prosecutions therein shall be by information, A police magistrate cannot be abolished or superseded by a statute creat- ing a municipal court. McDermont v. Dinnie, 6 N. D. 278, 69 N. W. 294. Jurisdiction where county court has increased jurisdiction. State v. Russell, 18 N. D. 357, 121 N. W. 918. § 117. No judge of the supreme or district court shall act as attorney or counselor at law. § 119. No judge of the supreme or district courts shall be elected or appointed to any other than judicial offices or be eligible thereto dur- ing the term for which he was elected or appointed such judge. All votes or appointment for either of them for any elective or appointive oflBce except that of judge of the supreme court, or district court, given by the legislative assembly or the people, shall be void. State V. Langer, N. D 177 N. W. 408. § 120. Tribunals of conciliation may be established with such powers and duties as shall be prescribed by law, or the powers and duties of such may be conferred upon other courts of justice; but such tribunals or other courts when sitting as such, shall have no power to render judg- ment to be obligatory on the parties, unless they voluntarily submit their matters of difference and agree to abide the judgment of such tribunals or courts. Contemplates the establishment of a tribunal which, by the agreement of the parties, would possess the power to determine a controversy, and to render a valid and binding judgment therein. Lewis V. Gallup, 5 N. D. 384 (392), 67 N. W. 137. ARTICLE 5— ELECTIVE FRANCHISE § 121. Every male person of the age of twenty-one years or upwards belonging to either of the following classes, who shall have resided in the state one year, in the county six months and in the precinct ninety days next preceding any election, shall be deemed a qualified elector at such election : 1. Citizens of the United States. 2. Persons of foreign birth who shall have declared their intention to become citizens, one year and not more than six years prior to such election, conformably to the naturalization laws of the United States. 3. Civilized persons of Indian descent who shall have severed their tribal relations two years next preceding such election. See Articles 2, 36, and 37 of Amendments. CONSTITUTION TF X IRTH DAKOTA Sec. 480, R. C, in so far as it is a restriction upon the right of suffrage, is unconstitutional. State v. Denoyer, 6 N. D. 586, 12 N. W. 1014. See State v. Mountrail Co., 28 N. D. 389, 149 N. W. 120. LaDuke v. Melin N. D 177 N. W. 673. Not self executing. Miller v. Schallern, 8 N. D. 395 (400), 79 N. W. 865. Prescribes the qualifications for electors at any election including a primary election. Johnson v. Grand Forks Co., 16 N. D. 363, 113 N. W. 1071, 125 Am. St. Rep. 662. The word electors as used in section 168 means all persons possessing the qualifications prescribed by section 121, in order to entitle them to vote. State V. Blaisdell, 18 N. D. 31, 119 N. W. 360. Qualified electors are male persons only possessing the other qualifications enumerated. Wagar v. Prindeville, 21 N. D. 245, 130 N. W. 224. Fees required of candidates, \% of salary, invalid. Johnson v. Grand Forks Co., 22 N. D. 613, 135 N. W. 179. The primary election is a special or partisan election, the purpose thereof determinable by legislature. State v. Flaherty, 21 N. D. 313. 41 L. R. A. (N. S.) 132, 136 N. W. 76. Does not prescribe rule of voting; election held at one place instead of in four separate wards, as required by statute, valid. Kerlin v. Devils Lake, 25 N. D. 207, 141 N. W. 756. Ann. Cas. 1915 C. 624. What constitutes residence. Nelson v. Gass, ZJ N. D. 357, 146 N. W. 537, Ann. Cas. 1915 C. 796. Question of election precinct lying in part in two counties. State v. Nichols, 39 N. D. 4, 166 N. W. 813. State v. Wetz, 40 N. D. 299. 168 N. W. 835. 5 L. R. A. 731. Englund v. Townley, 40 N. D. 618, 174 N. W. 755. Does not preclude the legislature from authorizing women to vote for village officers. Spatgen v. O'Neill, N. D 169 N. W. 491. Delegates to national conventions not required to possess constitutional qualifications of an elector. State v. Hall, N. D , 176 N. W. 921. Trust patent Indians may be qualified electors. Swift v. Leach N. D , 178 N. W. 437. How far right to vote is absolute. 25 L. R. A. 480. Does "residence," as a qualification of voters mean "domicil," 19 L. R. A. (N. S.) 759. Acquiring residence as a voter while attending school or public institution. 23 L. R. A. 215; 40 L. R. A. (N. S.) 168. § 122. The legislative assembly shall be empowered to make further extensions of suffrage hereafter, at its discretion, to all citizens of mature age and sound mind, not convicted of crime, without regard to sex : but no law extending or restricting the right of suffrage shall be in force until adopted by a majority of the electors of the state voting at a general election, A law restricting right of Indians to vote of no effect where not adopted by majority of votes at general election. State v. Denover, 6 N. D. 586, 72 N. W. 1014. Party enrollment statute not a restriction of the right of suffrage. State V. Flaherty, 2Z N. D. 313, 41 L. R. A. (N. S.) 132, 136 N. W. 76. Law authorizing women to vote for village officers valid. Spatgen v, O'Neill, 40 N. D. 618, 169 N. W. 491. Majority of the electors. State v. State Board of Canvassers N. D , 172 N. \V. 80 (97). § 123. Electors shall in all cases except treason, felony, breach of the peace or iHegal voting, be privileged from arrest on the days of election 32 STATE OF NORTH DAKOTA during their attendance at, going to and returning from such election, and no elector shall be obliged to perfprm military duty on the day of election, except in time of war or public danger. § 124. The general elections of the state shall be biennial, and shall be held on the first Tuesday after the first Monday in November, provided, that the first general election under this constitution shall be held on the first Tuesday after the first Monday in November, A. D. 1890. Fixes time of holding general election, legislature simply to prescribe regula- tions and officers to be elected. State v. Flaherty, 23 N. D. 313, 41 L. R. A. (N. S.) 132, 136 N. W. 76. O'Laughlin v. Carlson, 30 N. D. 213, 152 N. W. 675. § 125. No elector shall be deemed to have lost his residence in this state by reason of his absence on business of the United States or of his state, or in the military or naval service of the United States. § 126. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this state in consequence of his being stationed therein. § 127. No person who is under guardianship, non compos mentis or insane, shall be qualified to vote at any election, nor shall any person con- victed of treason or felony, unless restored to civil rights. See Article 2 of Amendments. Johnson v. Grand Forks Co., 16 N. D. 363, 113 N. W. 1071, 125 Am. St. Rep. 662. State V. Wetz, 40 N. D. 298, 168 N. W. 835, 5 A. L. R. 731. Does not apply to this federal status of Indians. State v. Leach, ..N. D..., 178 N. W. 437. § 128. Any woman having the qualifications enumerated in section 121 of this article as to age, residence and citizenship, and including those now qualified by the laws of the territory may vote for all school oflBcers, and upon all questions pertaining solely to school matters, and be eligible to any school ofiice. Does not make women electors, but places them in a separate class of citi- zens, and gives them a limited elective franchise. Wagar v. Prindeville, 21 N. D. 245, 130 N. W. 224. Spatgen v. O'Neill, 40 N. D. 618, 169 N. W. 491. McDonald v. Nielson N. D 175 N. W. 361. § 129. All elections by the people shall be by secret ballot, subject to such regulations as shall be provided by Jaw. The effect of these two sections (121, 129) is to confer upon certain inhabit- ants of the state, the priviege of voting by a secret ballot subject to such regu- lations as shall be provided by law. Miller v. Schallern, 8 N. D. 395, 79 N. W. 865. Not self executing, but a command to the legislature to provide an election system which shall embrace a secret ballot. Perry v. Hackney, 11 N. D. 148, 90 N. W. 483. Not impaired by requiring voter at continuation of June primary at general election to call for party ballot in voting for senator. State v. Blaisdell, 18 CONSTITUTION OF NORTH DAKOTA 33 N .D. 55, 24 L. R. A. (N. S.) 465. 118 N. W. 141, 138 Am. St. Rep. 741. Constitution permits legislature to prescribe regulations for fair and free elections. Fitzmaurice v. Willis, 20 N. D. 112 (381), 127 N. W. 95. Party primary does not violate secrecy of the ballot. State v. Flaherty, 23 N. D. 313; 41 L. R. A. (N. S.) 132, 136 N. W. 76. See Kerlin v. Devils Lake, 25 N. D. 207 (251), 141 N. W. 756, Ann. Cas. 1915 C. 624. ARTICLE 6.— MUNICIPAL CORPORATIONS. § 130. The legislative assembly shall provide by general law for the organization of municipal corporations, restricting their powers as to levy- ing taxes and assessments, borrowing money and contracting debts, and money raised by taxation, loan or assessment for any purpose shall not be diverted to any other purpose except by authority of law. Fundamental principle of law and recognized by sec. 130, that the creation of mimicipal corporations is a legislative function. Glasspel v. Jamestown, 11 N. D. 86, 88 N. W. 1023. Legislature has power to organize people within the state into cities and vil- lages. State V. Clark, 21 N. D. 517 (523), 131 N. W. 715. Power of the legislature to control cities and villages in matters of public concern is only limited by the provision that the law shall be general. State v. Taylor, ZZ N. D. 76 (111), 156 N. W. 561. Runge v. Glerum, VI N. D. 618 (629), 164 N. W. 284. Gives to the legislature not merely the power to create but the power to con- trol. State V. Frazier, 39 N. D. 430, 167 N. W. 510. Legislature may authorize women to vote for municipal officers. Spatgen V. O'Neil, 40 N. D. 618, 169 N. W. 491. § 150. A superintendent of schools for each county shall be elected every two years, whose qualifications, duties, powers and compensation shall be fixed by law. Provides for the biennial election of a county superintendent of schools, leaving it to the legislature to determine time of election and term of office. Jenners v. Clark, 21 N. D. 150, 129 N. W. 357, Ann. Cas. 1913 B. 675. ARTICLE 10.— COUNTY AND TOWNSHIP ORGANIZATION. § 16C. The several counties in the territory of Dakota, lying north of the seventh standard parallel, as they now exist, are hereby declared to be counties of the state of North Dakota. Right to local self government, sections 166-173 of the Constitution. Ex parte Corliss, 16 N. D. 470, 114 N. W. 962. State V. Taylor, Zi N. D. 76, 156 N. W. 561, L. R. A. 1918 B. 156. State V. Frazier, 39 N. D. 430, 167 N. W. 510. Daly V. Beery, ....N. D , 178 N. W. 104. State V. Stark Co., 14 N. D. 368, 103 N. W. 913. Braaten v. Olson, 28 N. D. 235, 148 N. W. 829. § 1G7. The legislative assembly shall provide by general law for or- ganizing new counties, locating the county seats thereof temporarily, and 34 STATE OF NORTH DAKOTA changing county lines; but no new county shall be organized, nor shall any organized county be so reduced as to include an area of less than twenty- four congressional townships, and containing a population of less th-in one thousand bona fide inhabitants. And in the organization of new counties and in changing the lines of organized counties and boundaries of con- gressional townships the natural boundaries shall be observed i:s nearly as may be. Special law for the alteration of county boundaries, invalid. State v. Stark Co., 14 N. D. 368, 103 N. W. 913. See State v. Nohle, 16 N. D. 168, 112 N. W. 141, 125 Am. St. Rep. 628. Boundary designated as east and north bank of Missouri river instead of center of main channel. State v. Meyers, 19 N. D. 804, 124 N. \V. 701. Braaten v. Olson, 28 N. D. 235, 148 N. W. 829. Legislature cannot create counties or locate county seats by special acts. State V. Anders, 30 N. D. 572, 152 N. W. 801. § 168. All changes in the boundaries of organized counties before taking effect shall be submitted to the electors of the county or counties to be affected thereby at a general election and be adopted by a majority of all the legal votes cast in each county at such election ; and in case any portion of an organized county is stricken off and added to another, the county to which such portion is added shall assume and be holden for an equitable proportion of the indebtedness of the county so reduced. An act to settle boundary disputes and to confirm nonjurisdictional acts, is invalid in part, where it contains no provision for submission to voters. Schaff- ner v. Young. 10 N. D. 245, 86 N. W. 7ii. Applies to organized counties only; act authorizing submission of proposed changes also to voters of unorganized counties whose territory is to be annexed, invalid. State v. Stark Co., 14 N. D. 368, 103 N. W. 91i. Majority of votes on question of change of county boundaries instead of majority of entire vote cast, sufficient. State v. Blaisdell, 18 N. D. 31, 119 N. W. 360. State v. Willis, 19 N. D. 209, 124 N. W. 706. State v. Thompson, 24 N. D. 273 (297), 139 N. W. 960. State V. State Board of Canvassers, ....N. D , 172 N. W. 80. When change becomes effective. Murray v. Davis, 21 N. D. 64, 128 N. W. 305. Though submitted at a general election, in law a separate election. State V. Blaisdell, 18 N. D. 31, 119 N. W. 360. State v. Flaherty, 23 N. D. 313 (^2,22), 41 L. R. A. (N. S.), 132, 136 N. W. 76. Upon what basis majority essential to adoption of constitutional or other special proposition submitted at general election is to be computed. 22 L. R. A. (N. S.) 478. § 169. The legislative assembly shall provide by general law for changing county seats in organized counties, but it shall have no power to remove the county seat of any organized county. Chapter 77, Laws 1905, special legislation. In re Connolly, 17 N. D. 546, 117 N. W. 946. County seat removal statute not special legislation. Miller v. Norton, 22 N. D. 196, 132 N. W. 1080. Intent that legislature should not thereafter create any counties or locate the county seat by special acts, which had been the practice. State v. Anders, 30 N. D. 572. 152 N. W. 801. CONSTITUTION OF NORTH DAKOTA 35 § 170. The legislative assembly shall provide by general law for township organization under which any county may organize, whenever a majority of all the legal voters of such county, voting at a general election shall so determine, and whenever any county shall adopt township organ- ization, so much of this constitution as provides for the management of the fiscal concerns of said county by the board of county commissioners may be dispensed with by a majority vote of the people voting at any general election ; and the affairs of said county may be transacted by the chairmen of the several township boards of said county and such others as may be provided by law for incorporated cities, towns or villages, within such county. Sections 170, 171, 172 and the words "fiscal concerns,'" "fiscal affairs," and "affairs," and "government" are used interchangeably. Martin v. Tyler, 4 N. D. 278, 60 N.W. 392. Majority of all legal voters. State v. State Board of Canvassers, ..N. D..., 172 N. W. 80. § 171. In any county that shall have adopted a system of government by the chairmen of the several township boards, the question of con- tinuing the same may be submitted to the electors of such county at a general election in such a manner as may be provided by law, and if a majority of all the votes cast upon such question shall be against said system of government, then such system shall cease in said county and the affairs of said county shall then be transacted by a board of county commissioners as is now pnovided by the laws of the territory of Dakota. Martin v. Tyler, 4 N. D. 278, 25 L. R. A. 838, 60 N. W. 392. Braaten v. Ol- son, 28 N. D. 235, 148 N. W. 829. Majority of all votes cast upon such question. State v. State Board of Can- vassers, ....N. D 172 N. W. 80. § 172. I'ntil the system of county government by the chairman of the several township boards is adopted by any county the fiscal affairs of said county shall be transacted by a board of county commissioners. Said board shall consist of not less than three and not more than five members whose terms of office shall be prescribed by law. Said board shall hold sessions for the transaction of county business, as shall be provided by law. Power to construct drains not part of the system of government, and may be conferred where legislature deems fit. Martin v. Tyler, 4 N. D. 278, 25 L. R. A. 838, 60 N. W. 392. Power of commissioners. Barrett v. Stutsman County, 4 N. D. 175, 59 N. W. 964. State v. Heinrich, 11 N. D. 31, 88 N. W. 734. State v. Albright, 11 N. D. 22,' 88 N. W. 729. Braaten v. Olson, 28 N. D. 235, 148 N. W. 829. Act requiring payment of expenses of maintenance, by auditor of county, of feeble minded persons at state institutions, not invalid because not audited by board. State v. Lewis, 18 N. D. 125, 119 N. W. 1037. Legislature may fix term of county commissioners. O'Laughlin v. Carlson, 30 N. D. 213, 152 N. W. 675. Mother's pension law valid. Cass Co. v. Nixon, 35 N. D. 601, 161 N. W. 204. L. R. A. 1917 C. 897. Duty to supervise and control fiscal affairs of the county is imposed upon 36 STATE OF NORTH DAKOTA the county commissioners. Boettcher v. McDowall, N. D 174 N. W. 759. § 173. At the first general election held after the adoption of this constitution, and every two years thereafter, there shall be elected in each organized county in the state, a county judge, clerk of court, register of deeds, county auditor, treasurer, sheriff and state's attorney, who shall be electors of the county in which they are elected, and who shall hold their oflSce until their successors are elected and qualified. The legislative as- sembly shall provide by law for such other county, township and district officers as may be deemed necessary, and shall prescribe the' duties and compensation of all county, township and district officers. The sheriff and treasurer of any county shall not hold their respective oflBces for more than four years in succession. County assessor not a constitutional officer and may be abolished. State v. Faussett, 1 N. D. 190, 45 N. W. 1101. Did not repeal pre-existing statute, and board of county commissioners may fix compensation of state's attorney until passage of statute fixing compensa- tion. Doherty V. Ransom Co., 5 N. D. 1, 63 N. W. 148. Right to local self government. Ex parte Corliss, 16 N. D. 470, 114 N. W. 962. State v. Taylor, 33 N. D. 76 (110), 156 N. W. 561. L. R. A. 1918 B 156. Daly V. Beery N. D , 178 N. W. 104. Powers of state's attorney and attorney general. State v. Dist Ct., 19 N. D. 819, 124 N. W. 417, Ann. Cas. 1912 D 935. The office of county superintendent was evidently omitted from sec. 173 in order that the legislature might be left free to provide for the election of such officer at a time other than the general election. Jenners v. Clark, 21 N. D. 150, 129 N. W. 357. Ann. Cas. 1913 B 675. State's attorney must be licensed to practice in this state. Enge v. Cass, 28 N. D. 219, 148 N. W. 607. Right to office as a hold-over. Diehl v. Totten, 32 N. D. 131 (143), 155 N. W. 74, Ann. Cas. 1918 A 884. Power of legislature to change compensation of county official during term for which elected. State v. Kennard, 38 N. D. 612, 166 N. W. 514. On term of county treasurer and sheriff see Opinions of the Attorney Gen- eral, Nos. 4 to 9, inclusive. § 183. The debt of any county, township, city, town, school district or any other political subdivision, shall never exceed five per centum upon the assessed value of the taxable property therein ; provided, that any in- corporated city may, by a two-thirds vote, increase such indebtedness three per centum on such assessed value beyond said five per centum limit. In estimating the indebtedness which a city, county, township, school district or any other political subdivision may incur, the entire amount of existing indebtedness whether contracted prior or subsequent to the adoption of this constitution shall be included ; provided, further, that any incorpor- ated city may become indebted in any amount not exceeding four per centum on such assessed value without regard to the existing indebted- ness of such city, for the purpose of constructing or purchasing water works for furnishing a supply of water to the inhabitants of such city, or for the purpose of constructing sewers, and for no other purpose what- ever. All bonds or obligations in excess of the amount of indebtedness CONSTITUTION OF NORTH DAKOTA 37 permitted by this constitution, given by any city, county, township, town, school district, or other political subdivision shall be void. See Article 35 of Amendments. Indebtedness of a city cannot be increased beyond the specified limit even for purpose of refunding. Birkholz v. Dinnie, 6 N. D. 511, 72 N. W. 931, Warrant issued for current county expenses in anticipation of proceeds of lawful levy, valid, although beyond limit of indebtedness. Darling v. Taylor, 7 N. D. 538, 75 N. W. 766. Election requirements. Stern v. Fargo, 18 N. D. 290, 122 N. W. 403. 26 L. R. A. (N. S.) 665. Kerlin v. Devils Lake, 25 N. D. 207, 141 N. W. 756, Ann. Cas. 1915 C 624. Complete allegation that city was not indebted beyond its constitutional limit. State v. Mitchell, 24 N. D. 196, 139 N. \V. 572. Paving and sewer bonds and bonds of independent school district not to be included, ascertaining whether debt limit has been reached. Vallelly v. Park Com'rs, 16 N. D. 25, 111 N. W. 615, 15 L. R. A. (N. S.) 61. The term "debt" does not include a contingent future liability. Bismarck Water Supply Co. v. Bismarck, 23 N. D. 352, 137 N. W. 34. The term "debt" covers liabilities created under executory contracts for public improvements, although nothing is due thereunder until the same are executed in part or in whole. Anderson v. International School Dist., 32 N. D. 413, 156 N. W. 54, L. R. A. 1917 E. 428, Ann. Cas. 1918 A 506— see Kenmare School Dist. v. Cole, 36 N. D. 32, 161 N. W. 543. Stinson v. Thorson, 34 N. D. 372, 158 N. W. 351. State V. Wetz, 40 N. D. 299, 168 N. W. 835, 5 A. L. R. 731. State V. Packard, 40 N. D. 182, 168 N. W. 673. State V. Hall, ....N. D 173 N. W. 763. Equitable relief denied in proceeding to recover balance due in excess of debt limit. Bartelson v. Int. Sch. Dist., ....N. D 174 N. W. 78. Does not authorize indebtedness without legislative authority. Self executing as a limitation upon the power to incur debts. G. N. Ry. Co. v. Dimcan, ....N. D 176 N. W. 992. As to what time is the assessed valuation to be taken for purposes of de- termining the debt limit of a state or municipality. 26 L. R. A. (N. S.) 149. Creation of indebtedness within meaning of debt limit provision. 23 L. R. A. 404; 37 L. R. A. (N. S.) 1097. Municipal liability for tort as an "indebtedness." 37 L. R. A. (N. S.) 1097. Mortgage debt upon property purchased by municipality without assuming payment, as part of municipal indebtedness. 3 L. R. A. (N. S.) 684. ARTICLE 14.— IMPEACHMENT AND REMOVAL FROM OFFICE. § 194. The house of representatives shall have the sole power of im- peachment. The concurrence of a majority of all members elected shall be necessary to an impeachment. § 195. All impeachments shall be tried by the senate. When sitting for that purpose the senators shall be upon oath or affirmation to do justice according to the law and evidence. No person shall be convicted without the concurrence of two-thirds of the members elected. When the governor or lieutenant governor is on trial, the presiding judge of the supreme court shall preside. Privilege as to proceeding for impeachment. 25 L. R. A. (N. S. 455) 38 STATE OF NORTH DAKOTA § 196. The governor and other state and judicial oflacers, except county judges, justices of the peace and police magistrates, shall be liable to impeachment for habitual drunkenness, crimes, corrupt conduct, or malfeasance or misdemeanor in oflBce, but judgment in such cases shall not extend further than removal from oflBce and disqualification to hold any office of trust or profit under the state. The person accused, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment and punishment according to law. State officers can be removed from office only by impeachment. The legis- lature cannot vest in the governor the power to remove them from office for any cause. State v. Miller, 3 N. D. 433 (443), 57 N. W. 193. Conceding that members of the United States Senate and Congress from this state, and state officers subject to impeachment may not be removed from office under the corrupt practices act, yet a good and valid piece of legislation re- mains. Diehl V. Totten, 32 N. D. 131, 155 N. W. 74, Ann. Cas. 1918 A 884. § 197. All officers not liable to impeachment shall be subject to re- moval for misconduct, malfeasance, crime or misdemeanor in office, or for habitual drunkenness or gross incompetency in such manner as may be provided by law. The governor has no power under Ch. 95, Laws of 1893, to remove the trus- tees of the Agricultural College from office. State v. Miller, 3 N. D. 433, 57 N. W. 193— see State v. Boucher, 3 N. D. 389, 56 N. W. 142. The superintendent of the hospital for the insane may be removed at pleas- ure of board of trustees. State v. Archibald, 5 N. D. 359, 66 N. W. 234. Removal proceedings summary in nature. Myrick v. McCabe, 5 N. D. 422, 56 N. W. 143. State v. Borstad, 27 N. D. 533, 147 N. W. 380, Ann. Cas. 1916 B 1014. Removal procedure. Wishek v. Becker, 10 N. D. 63, 84 N. W. 590. State v. Richardson, 16 N. D. 1, 109 N. W. 1026. Corrupt practice act. Diehl v. Totten, 32 N. D. 131, 155 N. W. 74, Ann. Cas. 1918 A 884. Removal by governor. State v. Frazier, 39 N. D. 430, 167 N. W. 510. § 198. No officer shall exercise the duties of his office after he shall have been impeached and before his acquittal. § 199. On trial of impeachment against the governor, the lieutenant governor shall not act as a member of the court. § 200. No person shall be tried on impeachment before he shall have been served with a copy thereof, at least twenty days previous to the day set for trial. § 201. No person shall be liable to impeachment twice for the same offense. ARTICLE 15.— FUTURE AMENDMENTS. § 202. Any amendment or amendments to this constitution may be proposed in either house of the legislative assembly ; and if the same shall be agreed to by a majority of the members elected to each of the two CONSTITUTION OF NORTH DAKOTA 39 houses, such proposed amendment shall be entered on the journal of the house with the yeas and nays taken thereon, and referred to the legislative assembly to be chosen at the next general election, and shall be pub- lished as provided by law, for three months previous to the time of making such choice, and if in the legislative assembly so next chosen as aforesaid such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislative assembly to submit such proposed amendment or amendments to the people in such manner and at such time as the legis- lative assembly shall provide ; and if the people shall approve and ratify such amendment or amendments by a majority of the electors qualified to vote for members of the legislative assembly voting thereon, such amendment or amendments shall become a part of the constitution of this state. If two or more amendments shall be submitted at the same time they shall be submitted in such manner that the electors shall vote for or against each of such amendments separately. See Articles 16 and 28 of Amendments. Power of the legislature to call a constitutional convention, notwithstanding the fact that the instrument itself points out how it may be amended. State V. Dahl, 6 N. D. 81, 68 N. W. 418, 34 L. R. A. 97. Construction of "votes cast." State v. Blaisdell, 18 N. D. 31, 119 N. W. 360. Provides only method for amendment; word "revision" in proviso of fifth subdivision of section 216, synonymous with "amendment" in section 202. State V. Taylor, 22 N. D. 362, 133 N. W. 1046. Entry in Journal may be by reference. State v. Hall N. D , 171 N. W. 213. Subdivision 2 (Art. 16 of Amd.) is not self executing. State v. Hall, 35 N. D. 34, 159 N. W. 281— overruled State v. Hall, ....N. D , 171 N. W. 213. Not violated by submitting as one amendment a proposed change expressed in two sections but relating to one general subject and designed to accomplish one main purpose. State v. Wetz, 40 N. D. 299, 168 N. W. 835, 5 A. L. R. 731. State V. State Board of Canvassers, ....N. D 172 N. W. 80. Green T. Frazier, ....N. D , 176 N. W. 11; 253 U. S. 233, 40 Sup. Ct. Rep. 499. State Board of Health has no power to amend the Constitution. Rhea v. Bd, of Education N. D , 171 N. W. 103. See Opinions of the Attorney General, No. 10. Effect of noncompliance with prescribed method of amending constitution. 10 L. R. A. (N. S.) 149. Validation of unconstitutional statute by constitutional amendment. 60 L. R. A. 564; 38 L. R. A. (N. S.) 77. The following article shall be irrevocable without the consent of the United States and the people of this state : § 203. First. Perfect toleration of religious sentiment shall be se- cured, and no inhabitant of this state shall ever be molested in person or property on account of his or her mode of religious worship. Second. The people inhabiting this state do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and to all lands lying within 40 * STATE OF NORTH DAKOTi^ said limits owned or held by any Indian or Indian tribes and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and that said Indian lands shall remain under the absolute jurisdiction and control of the congress of the United States; that the lands belonging to citizens of the United StCtes residing without this state shall never be taxed at a higher rate than the lands belonging to residents of this state ; that no taxes shall be imposed by this state on lands or property therein belonging to, or which may hereafter be purchased by the United States or reserved for its use. But nothing in this article shall preclude this state from taxing as other lands are taxed, any lands owned or held by any Indian who has severed his tribal relations, and has obtained from the United States or from any person, a title thereto, by patent or other grant, save and except such lands as have been or may be granted to any Indian or Indians under any acts of congress containing a provision exempting the lands thus granted from taxation, which last mentioned lands shall be exempt from taxation so long, and to such an extent, as is, or may be provided in the act of congress granting the same. Jurisdiction over Indian lands. State V. Denoyer, 6 N. D. 586, 72 N. W. 1014; also, State V. Mountrail Co., 28 N. D. 389, 149 N. W.120. § 204. Jurisdiction is ceded to the United States over the military reservations of Fort Abraham Lincoln, Fort Buford, Fort Pembina, and Fort Totten, heretofore declared by the president of the United States; provided, legal process, civil and criminal, of this state, shall extend over such reservations in all cases in which exclusive jurisdiction is not vested in the United States, or of crimes not committed within the limits of such reservations. Jurisdiction, military reservations. LaDuke v. Melin N. D , 177 N. W. 673. ARTICLE 17.— MISCELLANEOUS. § 206. The name of this state shall be "North Dakota." The State of North Dakota shall consist of all%the territory included within the fol- lowing boundary, to wit : Commencing at a point in the main channel of the Red River of the North, where the forty-ninth degree of north lati- tude crosses the same ; thence south up the main channel of the same and and along the boundary line of the state of Minnesota to a point where the seventh standard parallel intersects the same ; thence west along said seventh standard parallel produced due west to a point where it intersects the twenty-seventh meridian of longitude west from Washington; thence north on said meridian to a point where it intersects the forty-ninth degree of north latitude ; thence east along said line to place of beginning. § 207. The following described seal is hereby declared to be and CONSTITUTION OF NORTH DAKOTA hereby constituted the Great Seal of the state of North Dakota, to wit: A tree in the open field, the trunk of which is surrounded by three bundles of wheat ; on the right a plow, anvil and sledge ; on the left a bow crossed with three arrows, and an Indian on horseback pursuing a buffalo to- ward the setting sun; the foliage of the tree arched by a half circle of forty-two stars, surrounded by the motto, "Liberty and Union, Now and Forever, One and inseparable;" the word "Great Seal" at the top, the words "State of North Dakota" at the bottom; "October 1st" on the left and "1889" on the right. The seal to be two and one-half inches in diameter. § 211. Members of the legislative assembly and judicial department, except such inferior officers as may be by law exempted shall, before they enter on the duties of their respective offices, take and subscribe the fol- lowing 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 North Dakota ; and that I will faithfully discharge the duties of the office of according to the best of my ability, so help me God" (if an oath), (under pains and penalties of perjury) if an affirmation, and no other oath, declaration, or test shall be required as a qualification for any office or public trust. Imposing additional oath as qualification for office, invalid. State v. Blaisdell, 18 N. D. 55, 24 L. R. A. (N. S.) 465. 118 N. W. 141, 138 Am. St. Rep. 741. State v. Blaisdell, 34 N. D. 321, 159 N. W. 401. SCHEDULE. § 2. All laws now in force in the territory of Dakota, which are not repugnant to this constitution, shall remain in force until they expire by their own limitations or be altered or repealed. License law not repealed by adoption of Art. 20. State V. Swan, 1 N. D. 5, 44 N. W. 492. Sec. 208 of the Constitution did not repeal pre-existing exemption laws. Roesler & White v. Taylor, 3 N. D. 546, 58 N. W. 342. Adoption of section 173 did not repeal pre-existing statute authorizing county commissioners to fix salaries. Doherty v. Ransom Co., 5 N. D. 1, 63 N. W. 148. Territorial law, fixing term of county commissioners, became law of the state under provisions of sec. 2 of the Schedule. O'Laughlin v. Carlson, 30 N. D. 213, 152 N. W. 675. State V. Robinson, 35 N. D. 417, 160 N. W. 514. State V. Hall N. D 171 N. W. 213. State V. Olson, ....N. D , 176 N. W. 528. 42 STATE OF NORTH DAKOTA Amendments to the Constitution of North Dakota Session Laws 1895, page 177. Session Laws 1897, page 349. Adopted November 8th, 1898, 21177 to 16329. ARTICLE 2. § 121. Every male person of the age of twenty-one years or upwards, belonging to either of the following classes, who shall have resided in the state one year and in the county six months, and in the precinct ninety days next preceding any election, shall be a qualified elector at such election. First — Citizens of the United States. Second — Civilized persons of Indian descent, who shall have severed their tribal relations two years next preceding such election. § 127. No person who is under guardianship, non compos mentis or insane, shall be qualified to vote at any election ; nor shall any person convicted of treason or felony unless restored to civil rights ; and the legislature shall by law establish an educational test as a qualification, and may prescribe penalties for failing, neglecting or refusing to vote at any general election. State V. Wetz N. D 168 N. W. 835. Trust patent Indians may be qualified electors. Swift v. Leach, ..N. D..., 178 N. W. 437. Crime as disqualifying voter. 25 L, R. A. 483. Session Laws 1905, S. B. No. 166, page 351. Session Laws 1907, S. B. No. 255, page 458. Adopted November 3, 1908, 47732 to 20584. ARTICLE 10. § 89. The supreme court shall consist of five judges, a majority of whom shall be necessary to form a quorum or pronounce a decision ; but one or more of said judges may adjourn the court from day to day or to a day certain. The three district judges will constitute a quorum of the court as now con- stituted, and as such are empowered to transact business. State v. Robinson, 35 N. D. 410, 160 N. W. 512. Term of office. State v. Robinson, 35 N. D. 417, 160 N. W. 514. CONSTITUTION OF NORTH DAKOTA Chapter 93, Session Laws 1911. Chapter 101, Session Laws 1913. Adopted November 3, 1914, 48783 to 19964. ARTICLE 15. § 25. The legislative authority of the State of North Dakota shall be vested in a legislative assembly, consisting of a senate and house of rep- resentatives, but the people reserve to themselves power to propose laws and to enact or reject the same at the polls, independent of the legislative assembly, and also reserve power, at their own option, to approve or reject at the polls, any act, item, section or part of any act or measure passed by the legislative assembly. The first power reserved by the people is the initiative, or the power to propose measures for enactment into laws, and at least ten per cent of the legal voters to be secured in a majority of the counties of this state shall be required to propose any measure by initiative petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions shall be filed with the Secretary of State not less than thirty days before any regular session of the legislative assembly ; he shall transmit the same to the legislative assembly as soon as it convenes. Such initiative measure shall take preced- ence over all other measures in the legislative assembly except appropria- tion bills, and shall be either enacted or rejected without change or amendment by the legislative assembly within forty days. If any such initiative measure shall be enacted by the legislative assembly it shall be subject to referendum petition or it may be referred by the legislative assembly to the people for approval or rejection. If it is rejected or no action is taken upon it by the legislative assembly within said forty days, the Secretary of State shall submit it to the people for approval or re- jection at the next ensuing regular general election. The legislative as- sembly may reject any measure so proposed by initiative i)etition and propose a different one to accomplish the same purpose, and in any such event both measures shall be submitted by the Secretary of State to the people for approval or rejection at the next ensuing regular election. If conflicting measures submitted to the people at the next ensuing election shall be approved by a majority of the votes severally cast for and against the same, the one receiving the highest number of aflSrmative votes shall thereby become valid, and the other shall thereby be rejected. The second power is the referendum, or the power to order any act, item, or part of any act to be referred to the people for their approval or rejection at the polls, and it may be ordered (except as to laws necessary for the imme- diate preservation of the public peace, health or safety) as to any measure or any parts, items or sections of any measures passed by the legislative assembly either by a petition signed by ten per cent of the legal voters of the state from a majority of the counties, or by the legislative assembly if a majority of the members elect vote therefor. When it is necessary for the immediate preservation of the public peace, health or safety that STATE OF NORTH DAKOTA a law shall become effective without delay, such necessity and the facts creating the same shall be stated in one section of the bill, and if upon aye and nay vote in each house two-thirds of all the members elected to each house shall vote on a separate roll call in favor of the said law going into instant operation for the immediate preservation of the public peace, health or safety, such law shall become operative upon approval by the Governor. The filling of a referendum petition against one or more items, sec- tions or parts of an act shall not delay the remainder of that act from becoming operative. Referendum petitions against measures passed by the legislative assembly shall be filed with the Secretary of State not more than ninety days after the final adjournment of the session of the legis- lative assembly which passed the measure 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 biennial regular elections, except as pro- visions may be made by law for a special election or elections. Any measure referred to the people shall take effect when it is approved by a majority of the votes cast thereon and not otherwise, and shall be in force from the date of the official declaration of the vote. The enacting clause of all the initiative bills shall be, "Be it enacted by the people of the State of North Dakota," 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 Secretary of State 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 order for the initiative and for the referendum shall De filed with the Secretary of State and in submitting the same to the people he and all other officers shall be guided by the general laws and the acts submitting this amendment until legislation shall be especially provided therefor. This amendment shall be self executing, but legislation may be en- acted to facilitate its operation. Referendum petitions, board of immigration act. State V. Hanna, 31 N. D. 570, 154 N. W. 704. Emergency clause in conflict with initiative and referendum amendment to the constitution. State v. Packard, 32 N. D. 301 (314), 155 N. W. 666. Capital removal case. State v. Hall, 35 N. D. 34, 159 N. W. 281. State Board of Regents Act, emergency clause, not in conflict with initiative and referendum amendment to the Constitution. State v. Crawford, 36 N. D. 385. 162 N. W. 710. State V. State Board of Canvassers N. D..., 172 N. W. State V. Olson N. D 176 N. W. 528. State V. HaU N. D 171 N. W. 213. CONSTITUTION OF NORTH DAKOTA Time for filing referendum petitions, see Opinions of the Attorney Gen- eral, No. 11. Chapter 89, Session Laws 1911. Chapter 98, Session Laws 1913. Adopted November 3, 1914, 43111 to 21815. ARTICLE 16. § 202. This Constitution may be amended as follows : FIRST: Any amendment or amendments to this Constitution may be proposed in either house of the legislative assembly ; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendments shall be entered on the journal of the house with the yeas and nays taken thereon, and referred to the legisla- tive assembly to be chosen at the next general election, and shall be pub- lished, as provided by law, for three months previous to the time of making such choice, and if in the legislative assembly so next chosen as aforesaid such proposed amendment or amendments s^all be agrfed to by a majority of all members elected to each house, then it shall be the duty of the legislative assembly to submit such proposed amendment or amendments to the people in such manner and at such times as the legis- lative assembly shall provide; and if the people shall approve and ratify such amendment or amendments by a majority of the electors qualified to vote for members of the legislative assembly voting thereon, such amendment or amendments shall become a part of the Constitution of this state. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner that the electors shall vote for or against each of such amendments separately. SECOND: Any amendment or amendments to this Constitution may also be proposed by the people by the filing with the Secretary of State, at least six months previous to a general election, of an initiative petition containing the signatures of at least twenty-five per cent, of the legal voters in each of not less than one-half of the counties of the state. When such petition has been properly filed the proposed amendment or amend- ments shall be published as the legislature may provide, for three months previous to the general election, and shall be placed upon the ballot to be voted upon by the people at the next general election. Should any such amendment or amendments proposed by initiative petition and submitted to the people receive a majority of all the legal votes cast at such gen- eral election, such amendment or amendments shall be referred to the next legislative assembly, and should such proposed amendment or amend- ments be agreed upon by a majority of all the members elected to eaoh house such amendment or amendments shall become a part of the Con- stitution of this state. Should any amendment or amendments proposed by initiative petition and receive a majority of all the votes cast at the general election as herein provided, but failing to receive approval by STATE OF NORTH DAKOTi^ the following legislative assembly to which it has been referred, such amendment or amendments shall again be submitted to the people at the next general election for their approval or rejection as at the pre- vious general election. Should such amendment or amendments receive a majority of all the legal votes cast at such succeeding general election such amendment or amendments at once become a part of the Consti- tution of this state. Any amendment or amendments proposed by ini- tiative petition and failing of adoption as herein provided, shall not be again considered until the expiration of six years. Not self executing. State v. Hall, 35 N. D. 34, 159 N. W. 281, overruled State V. Hall N. D 171 N. W. 213. Petition may be filed at any time since last general election and not less than six months prior to the election at which question is to be voted upon. State V. Hall N. D 171 N. W. 213. "Approved by a majority of the electors voting thereon" and "a majority of all legal votes cast at such general election" are synonymous terms. State V. State Board of Canvassers N. D 172 N. W. 80. When proposed amendment is submitted to the electors, and a majority of thi qualified electors voting at such election vote in favor of it and it is later ratified by the Legislature and approved by the Governor, it becomes a part of the constitution. Green v. Frazier N. D , 176 N. W. 11. Chapter 86, Session Laws 1915. Chapter 93, Session Laws 1917. Adopted November 5, 1918, 52678 to 28846. ARTICLE 25. § 89. The Supreme Court shall consist of five judges, a majority of whom shall be necessary to form a quorum or pronounce a decision, but one or more of said judges may adjourn the court from day to day or to a day certain, provided, however, that in no case shall any legis- lative enactment or law of the State of North Dakota be declared un- constitutional unless at least four of the judges shall so decide. No way to give effect to this constitutional provision unless the members of this court respect it as part of the fundamental law by directing a judgment to be entered in individual cases which may not conform to their views as to what the judgment should be. Daly v. Beery N. D 178 N. W. 194. State V. Olson N. D 176 N. W. 528. ♦ **♦***♦ ♦♦♦ Initiated— Vote November 5, 1918, 47447 to 32598 Ratified by Legis- lature; Chapter 88, Session Laws 1919. ARTICLE 26. § 25. (in Article 2 as Amended by Article 15 of Amendment). The legislative power of this state shall be vested in a legislature consisting CONSTITUTION OF NORTH DAKOTA of a senate and a house of representatives. The people, however, reserve the power, first, to propose measures and to enact or reject the same at the polls ; second, to approve or reject at the polls any measure or any item, section, part or parts of any measure enacted by the legislature. The first power reserved is the initiative. Ten thousand electors at large may propose any measure by initiative petition. Every such pe- tition shall contain the full text of the measure and shall be filed with the Secretary of State not less than ninety days before the election at which it is to be voted upon. The second power reserved is the referendum. Seven thousand electors at large may, by referendum petition, suspend the operation of any measure enacted by the legislature, except an emergency measure. But the filing of a referendum petition against one or more items, sections or parts of any measure, shall not prevent the remainder from going into effect. Such petition shall be filed with the Secretary of State not later than ninety days after the adjournment of the session of the legislature at which such measure was enacted. Each measure initiated by or referred to the electors, shall be submitted by its ballot title, which shall be placed upon the ballot by the Secretary of State and shall be voted upon at any state-wide election designated in the petition, or at a special election called by the Governor. The result of the vote upon any measure shall be canvassed and declared by the Board of Canvassers, Any measure, except an emergency measure, submitted to the electors of the state, shall become a law when approved by a majority of the votes cast thereon. And such law shall go into effect on the 30th day after the election, unless otherwise specified in the measure. If a referendum petition is filed against an emergency measure such measure shall be a law until voted ui)on by the electors. And if it is then rejected by a majority of the votes cast thereon, it shall be thereby repealed. Any such measure shall be submitted to the electors at a special election if so ordered by the Governor, or if the referendum pe- tition filed against it shall be signed by thirty thousand electors at large. Such special election shall be called by the Governor, and shall be held not less than one hundred nor more than one hundred thirty days after the adjournment of the session of the legislature. The Secretary of State shall pass upon each i)etition, and if he finds it insufficient, he shall notify the "Committee for the Petitioners" and allow •twenty days for correction or amendment. All decisions of the Secretary of State in regard to any such petition shall be subject to review by the Supreme Court. But if the sufficiency of such petition is being reviewed at the time the ballot is prepared, the Secretary of State shall place the measure on the ballot and no subsequent decision shall invalidate such measure if it is at such election approved by a majority of the votes. 48 STATE OF NORTH DAKOTA cast thereon. If proceedings are brought against any petition upon any ground, the burden of proof shall be upon the party attacking it. No law shall be enacted limiting the number of copies of a petition which may be circulated. Such copies shall become part of the original petition when filed or attached thereto. Nor shall any law be enacted prohibiting any person from giving or receiving compensation for circulating the petitions, nor in any manner interfering with the freedom in securing signatures to petitions. Each petition shall have printed thereon a ballot title, which shall fairly represent the subject matter of the measure, and the names of at least five electors who shall constitute the "committee for the petitioners" and who shall represent and act for the petitioners. All measures submited to the electors shall be published by the state as follows : "The Secretary of State shall cause to be printed and mailed to each elector a publicity pamphlet, containing a copy of each measure together with its ballot title, to be submitted at any election. Any citizen, or the officers of any organization, may submit to the Secre- tary of State for publication in such pamphlet, arguments concerning any measure therein, upon first subscribing their names and addresses thereto and paying the fee therefor, which, until otherwise fixed by the legislature, shall be the sum of two hundred dollars per page." The enacting clause of all measures initiated by the electors shall be : "Be it enacted by the people of the State of North Dakota." In sub- mitting measures to the electors, the Secretary of State and all other officials shall be guided by the election laws until additional legislation shall be provided. If conflicting measures initiated by or referred to the electors shall be approved by a majority of the votes cast thereon, the one receiving the highest number of affirmative votes shall become the law. The word "measure" as used herein shall include any law or amend- ment thereto, resolution, legislative proposal or enactment of any character. The veto power of the Governor shall not extend to the measures initiated by or referred to the electors. No measure enacted or approved by a vote of the electors shall be repealed or amended by the legislature, except upon a yea and nay vote upon roll call of two-thirds of all the members elected to each house. This section shall be self executing and all of its provisions shall be treated as mandatory. Laws may be enacted to facilitate its opera- tion, but no laws shall be enacted to hamper, restrict or impair the exercise of the rights herein reserved to the people. CONSTITUTION OF NORTH DAKOTA 49 State V. Totten N. D , 175 N. W. 563. Construed in connection with sec. 61. Daly v. Beery, N. D 178 N. W. 104. Legislative power vested in the legislature with right of initiative and re- ferendum reserved to the people. State v. Olson N. D , 176 N. W. 528. Legislative act establishing qualifications of voters for the election of presidential electors, subject to referendum. Re Opinion of the Justices Me. 107 Atl. 705, 5 A. L. R. 1407. Legislative resolutions ratifying a proposed amendment to the Federal Con- situation not subject to referendum. Re Opinion of the Justices Me 107 Atl., 673, 5 A. L. R. 1412, State of Rhode Island v. Palmer, 40 Sup. Ct. Rep. 486. Hawke v. Smith, 40 Sup. Ct. Rep. 495. Redistricting state for congressional purposes subject to referendum. Note 5 a: L. R. 1417. Initiated— Vote, November 5, 1918. 46320 to 33572. Ratified by Legislature, Chapter 84, Session Laws 1919. ARTICLE 28. Sec. 202 in Article 15 as amended by Article 16 of Amendment. Any amendment or amendments to the constitution of the state may be pro- posed in either house of the legislature, and if the same shall be agreed to upon roll call by a majority of the members elected to each house, it shall be submitted to the electors, and if a majority of the votes cast thereon are affirmative, such amendment shall be a part of this con- stitution. , Amendments to the constitution of the state may also be proposed by an initiative petition of the electors; such petition shall be signed by twenty thousand elecjtors at large and shall be filed with the Secretary of State at least one hundred twenty days prior to the election at which they are to be voted upon, and any amendment, or amendments so pro- posed, shall be submitted to the electors and become a part of the con- stitution, if a majority of the votes cast thereon are affirmative. All provisions of the constitution relating to the submission and adoption of measures by initiative petition, and on referendum petition shall apply to the submission and adoption of amendments to the constitution of the state. Chapter 93, Session Laws 1919. Adopted March 16, 1920, 29262 to 17255. ARTICLE 33. The qualified electors of the state or of any county, or of any con- gressional, judicial or legislative district may petition for the recall any elective, congressional, state, county, judicial or legislative officer by filing a petition with the officer with whom the petition for nomination to such office in the primary election is ffled. demanding the recall of such 50 STATE OF NORTH DAKOTA oflScer. Such petition shall be signed by at least thirty per cent of the qualified electors who voted at the preceding election for the office of Governor in the state, county or district from which such officer is to be recalled. The officer with whom such petition is filed shall call a special election to be held not less than forty or more than forty-five days from the filing of such petition. The officer against whom such petition has been filed shall continue to perform the duties of his office until the result of such special election shall have been officially declared. Other candidates for such office may be nominated in the manner as is provided by law in primary elections. The candidate who shall receive the highest numbei- of votes shi.U be deemed elected for the remainder of the term. The name of the candidate against whom the recall petition is filed shall go on the ticket unless he resigns within ten days after the filing of the petition. 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. This article shall be self executing and all of its provisions shall be treated as mandatory. Laws may be enacted to facilitate its operation, but no law shall be enacted to hamper, restrict or impiir the right of recill. Does not apply to county commissioners, Goughnour v. Brant, N. D 182 N. W. 309. Chapter 91, Session Laws 1919, as amended by Chapter 26, Special Session Laws 1919, Adopted March 16, 1920, 24869 to 18923. ARTICLE 35. § 183. The debt of any county, township, city, town, school district or any other political subdivision, shall never exceed five per centum upon the assessed value of the taxable property therein ; provided that any incorporated city may, by a two-thirds vote, increase such indebtedness three per centum on such assessed value beyond said five per centum limit, and a school district, by a majority vote may increase such indebted- ness five per cent on such assessed value beyond said five per centum limit; provided also that any county or city by a majority vote may issue upon any revenue producing utility owned by such county or city, or for the purchasing or acquiring the same or building or establishment thereof, in amounts not exceeding the physical value of such utility, industry or enterprise. In estimating the indebtedness which a city, county, township, school district or any other political subdivision may incur, the entire amount, exclusive of the bonds upon said revenue producing utilities, whether con- tracted prior or subsequent to the adoption of this constitution, shall be included ; provided further that any incorporated city m:iy become indebted CONSTITUTION OF NORTH DAKOTA in any amount not exceeding four per centum of such assessed value without regard to the existing indebtedness of such city for the purpose of constructing or purchasing waterworks for furnishing a supply of water to the inhabitants of such city, or for the purpose of constructing sewers, and for no other purposes whatever. All bonds and obligations in excess of the amount of indebtedness permitted by this Constitution, given by any city, county, township, town, school district, or any other political subdivision shall be void. Chapter 28, Special Session Laws 1919 Adopted March 16, 1920, 31082 to 16366. ARTICLE 36. Amendment. Every qualified elector who shall have resided in the state one year, and in the county ninety days, and in the precinct thirty days next preceding any election, shall be entitled to vote at such elec- tion : provided, that where a qualified elector moves from one precinct to another within the same county, he shall be entitled to vote in the precinct from which he moved, untii he establishes his residence in the precinct to which he moved. Chapter 89. Session Laws 1917 Chapter 92, Session Laws 1919 Adopted November 2, 1920, 135370 to 60772. ARTICLE 87. Sec. 121. Every person of the age of twenty-one years or upwards, belonging to either of the following classes who shall have resided in the state one year and in the county ninety days and in the precinct thirty days next preceding any election shall be a qualified elector at such elec- tion. First, citizens of the United States : second, civilized persons of Indian descent who have severed their tribal relations two years next preceding such election. 52 STATE OF NORTH DAKOTA UNITED STATES STATUTES Sec. 14a. Time for election of Senators — At the regular election held ill any State next preceding the expiration of the term for which any Senator was elected to represent such State in Congress, at which election a Representative to Congress is regularly by law to be chosen, a United States Senator from said State shall be elected by the people thereof for the term commencing on the fourth day of March next there- after, (June 4, 1914, c. 103. Sec. 1. 38, State 384.) Sec. 17. Election by districts — In each State entitled under this ap- portionment to more than one Representative, the Representatives to the Sixty-third and each subsequent Congress shall be elected by districts composed of a contiguous and compact territory, and containing as nearly as practicable an equal number of inhabitants. The said districts shall be equal to the number of Representatives to which such State may be entitled in Congress, no district electing more than one Representative. (Aug. 8, 1911, c. 5, Sec. 3. 37, Stat 14.) Sec. 18. Additional Representatives at large — In case of an increase in the number of Representatives in any State under this apportionment such additional Representative or Representatives shall be elected by the State at large and the other Representatives by the districts now prescribed by law until such State shall be redistricted in the manner provided by the laws thereof and in accordance with the rules enumerated in section three of this Act; and if there be no change in the number of Repre- sentatives from a State, the Representatives thereof shall be elected from the districts now prescribed by law until such State shall be redistricted as herein prescribed. (Aug. 8, 1911, c. 5. Sec. 4. 37 Stat. 14.) Sec. 19. Nominations for Representatives at large — Candidates for Representative or Representatives to be elected at large in any State shall be nominated in the same manner as candidates for Governor, unless otherwise provided by the laws of such State. (Aug. 8, 1911, c. 5, Sec. 5, 37 Stat. 15.) Sec. 21. Time of election — The Tuesday next after the first Monday in November, in the year eighteen hundred and seventy-six is established as the day, in each of the States and Territories of the United States, for the election of Representatives and Delegates to the Forty-Fifth Congress ; and the Tuesday next after the first Monday in November, in every second year thereafter, is established as the day for election, in each of said States and Territories, of Representatives and Delegates to the Congress commencing on the fourth day of March next thereafter. (R. S. Sec. 25.) ELECTION LAWS OF THE UNITED STATES 55 Sec. 23. Vacancies — The time for holding elections in any State^ District or Territory for Representative or Delegate to fill a vacancy, whether such vacancy is caused by a failure to elect at the time pre- scribed by law, or by the death, resignation, or incapacity of a person elected, may be prescribed by the laws of the several States and Terri- tories respectively. (R. S. Sec. 26.) Sec. 24. Voting for Representatives — All votes for Representatives in Congress must be by written or printed ballot, or voting machine the use of which has been duly authorized by the State Law; and all votes received or recorded contrary to this section shall be of no effect (R. S. Sec. 27, Amended Feb. 14, 1899, c. 154, 30 Stat. 836.) Contest of congressional elections, see sections 105 to 130, Revised Statutes, sections 161 to 187 Compiled Statutes. Statement of expenditures by party committees and others attempting^ to influence the result of congressional elections in two or more states, see Act June 25, 1910, c. 392, 36 Stat. 824; Sections 188 to 194 Compiled Statutes. Sec. 195. (1) "Candidate" defined) — ^The word "candidate" as used in this section shall include all persons whose names are presented for nomination for Representative or Senator in the Congress of the United States at any primary election or nominating convention, or for indorse-^ ment or election at any general or special election held in connection with the nomination or election of a person to fill such oflace, whether or not such persons are actually nominated, indorsed, or elected. (2) Filing statements by candidate for nomination or election as Representative — Every person who shall be a candidate for nomination at any primary election or nominating convention, or for election at any general or special election, as Representative in the Congress of the United States, shall, not less than ten nor more than fifteen days before the day for holding such primary election, or nominating convention, and not less than ten, nor more than fifteen days before the day of the general or special election at which candidates for Representatives are to be elected, file with the Clerk of the House of Representatives at Washing- ton, District of Columbia, a full, correct, and itemized statement of ail moneys and things of value received by him or by anyone for him with his knowledge and consent, from any source, in aid or support of his candidacy, together with the names of all those who have furnished the same in whole or in part; and such statement shall contain a true and itemized account of all moneys and things of value, given, contributed, expended, used, or promised by such candidate, or by his agent, rep- resentative or other person for and in his behalf with his knowledge and consent, together with the names of all those to whom any and all such gifts. 54 STATE OF NORTH DAKOTA contributions, payments, or promises were made, for the purpose of pro- curing his nomination or election. (3) Filing statements by candidates for nomination or election as Senator — Every person who shall be a candidate for nomination at any primary election or nominating convention, or for endorsement at any gene- ral or special election, or election by the legislature of any State, as Senator in the Congress of the United States, shall, not less than ten nor more than fifteen days before the day for holding such primary election or nominating convention, and not less than ten nor more than fifteen days before the day of the general or special election at which he is seeking indorsement, and not less than five nor more than ten days before the day upon which the first vote is to be taken in the two houses of the legislature before which he is a candidate for election as Senator, file with the Secretary of the Senate at Washington, District of Columbia, a full, correct, and itemized statement of all moneys and things of value re- ceived by him or by one for him with his knowledge and consent, from any source, in aid or support of his candidacy, together with the names of all those who have furnished the same in whole or in part ; and such statement shall contain a true and itemized account of all moneys and things of value given, contributed, expended, used, or promised by such candidate, or by his agent, representative, or other person for and in his behalf with his knowledge and consent, together with the names of all those to whom any and all such gifts, contributions, payments, or promises were made for the purpose of procuring his nomination or election. (4) Filing statements by candidates after nomination and election — Every such candidate for nomination at any primary election or nominat- ing convention, or for indorsement or election at any general or special election, or for election by the legislature of any State, shall, within fifteen days after such primary election or nominating convention, and within thirty days after any such general or special election, and within thirty days after the day upon which the legislature shall have elected a Senator, file with the Clerk of the House of Representatives or with the Secretary of the Senate, as the case may be, a full, correct, and item- ized statement of all moneys and things of value received by him or any- one for him, with his knowledge and consent, from any source, in aid or support of his candidacy, together with the names of all those who have furnished the same in whole or in part; and such statement shall contain a true and itemized account of all moneys and things of value given, contributed, exx)ended, used, or promised by such candidate, or by his agent, representative, or other person for and in his behalf with his knowledge and consent, up to, on, and after the day of such primary election, nominating convention, general or special election, or election by the legislature, together with the names of all those to whom any and all such gifts, contributions, payments or promises were made for the purpose of procuring his nomination, indorsement, or election. ELECTION LAWS OF THE UNITED STATES (5) Contents of statements by candidates — Every such candidate shell include therein a statement of every promise or pledge made by him, or by any one for him with his knowledge and consent or to whom he has given authority to make any such promise or pledge before the com- pletion of any such primary election or nominating convention or general or special election or election by the legislature, relative to the appoint- ment or recommendation for appointment of any person to any position of trust, honor, or profit, either in the county, State or Nation, or in any political subdivision thereof, or in any private or corporate employment, for the purpose of procuring the support of such person or of any person in his candidacy, and if any such promise or pledge shall have been made the name or names, the address or addresses, and the occupation or occupations, of the person or persons to whom such promise or pledge shall have been made, shall be stated, together with a description of the position relating to which such promise or pledge has been made. In the event that no such promise or pledge has been made by such candidate, that fact shall be distinctly stated. (6) Acts forbidden to candidates — No candidate for Representative in Congress or for Senator of the United States shall promise any oflSce or position to any person, or to use his influence or to give his support to any person for any office or position for the purpose of procuring the support of such person, or of any person in his candidacy ; nor shall any candidate for Senator of the United States give, contribute, expend, use, or promise any money or thing of value to assist in procuring the nomina- tion or election of any particular candidate for the legislature of the State in which he resides but such candidate may, within the limitation and restrictions and subject to the requirements of this act, contribute to i)olitical committees having charge of the disbursement of campaign funds. (7) Amount of contributions or expenditures by candidates — No candidate for Representative in Congress or for Senator of the United States shall give, contribute, expend, use, or promise, or cause to be given, contributed, expended, used or promised, in procuring his nomination and election, any sum, in the aggregate, in excess of the amount which he may lawfully give, contribute, expend, or promise under the laws of the State, in which he resides ; Provided, That no candidate for Representative in Congress shall give, contribute, expend, use, or promise any sum, in the aggregate, exceeding five thousand dollars in any campaign for his nomination and election ; and no candidate for Senator of the United States shall give, contribute, expend, use or promise any sum, in the ag- gregate, exceeding ten thousand dollars in any campaign for his nom- ination and election ; Provided, further. That money expended by any such candidate to meet and discharge any assessment, fee, or charge made or levied upon candidates by the laws of the State in which he resides, or for his necessary personal exi)enses, incurred for himself alone, for travel 56 STATE OF NORTH DAKOTA and. subsistence, stationery and postage, writing or printing (other than in newspapers), and distributing letters, circulars, and posters, and for telegraph and telephone service, shall not be regarded as an expenditure within the meaning of this section, and shall not be considered any part of the sum herein fixed as the limit of expense and need not be shown In the statements herein required to be filed. Held unconstitutional, Newberry v. U. S., 65 L. ed. 554. (8) Details in successive statements — The statements herein required to be made and filed before the general election, or the election by the legislature at which such candidate seeks election, need not contain items of which publicity is given in a previous statement ; but the statement required to be made and filed after said general election or election by the legislature shall, in addition to an itemized statement of all expenses not theretofore given publicity, contain a summary of all preceding state- ments. (9) Persons required to comply with section: details of statements — Any person, not yet a candidate for Senator of the United States, who shall have given, contributed, expended, used, or promised any money or thing of value to aid or assist in the nomination or election of any par- ticular member of the legislature of the State in which he resides, shall, if he thereafter bet?omes a candidate for such office, or if he shall there- after be elected to such office without becoming a candidate therefor, comply with all of the provisions of this section relating to candidates for such office, so far as the same may be applicable ; and the statement herein required to be made, verified, and filed after such election shall contain a full, true and itemized account of each and every gift, contri- bution, expenditure, and promise whenever made, in any wise relating to the nomination or election of members of the legislature of said State, or in any wise connected with or pertaining to his nomination and elec- tion of which publicity is not given in a previous statement. (10) Verification of statements; filing statements — Every statement herein required shall be verified by the oath or affirmation of the candidate, taken before an officer, authorized to administer oaths : and the deposit- ing of any such statement in a regular post office, directed to the Clerk of the House of Representatives or to the Secretary of the Senate, as the case may be, duly stamped and registered within the time required herein shall be deemed a sufficient filing of any such statement under any of the provisions of this act. (11) Effect of act on laws of State — This Act shall not be construed to annul or vitiate the laws of any State, not directly in conflict herewith, relating to the nomination or election of cndidates for the offices herein named, or to exempt any such candidates from complying with such State laws. (June 25, 1910, c. 392, Sec. 8, 36 Stat. 824, amended Aug. 19, 1911. c. 33, Sec. 2. 37 Stat. 2G, ;.nd Auf:. 2:i 1012. o. "40. 37 Stat. 300,) ELECTION LAWS OF THE UNITED STATES 57 Sec. 196. Personal expenses not subject to act — Any person may in connection with such election incur and pay from his own private funds for the purpose of influencing or controlling in two or more States, the result* of an election at which Representatives to the Congress of the United States are elected, all necessary personal expenses for his traveling, for stationery, and postage, and for telegraph and telephone service without being subject to the provisions of this Act. (June 25, 1910, c. 392. Sec. 9, 36 Stat. 824, amended Aug. 19, 1911, c. 33, Sec. 2. 37 Stat. 26.) Sec. 197. L^al expenses in election contests not limited — ^Nothing contained in this Act shall limit or effect the right of any person to spend money for proper legal expenses in maintaining or contesting the results of any election. (June 25, 1910, c. 392, Sec. 10, 36 Stat. 824. amended Aug, 19, 1911, c. 33, Sec. 2. 37 Stat 26.) Sec. 198. Pmiishment for violations of act — P]very person willfully violating any of the foregoing provisions of this Act, shall upon conviction, be fined not more than one thousand dollars or imprisonmed not more than one year, or both. (June 25, 1910, c, 392, Sec. 11, 36 Stat. 824, amend- ed, Aug. 19, 1911, c. 33, Sec. 2. 37 Stat. 26.) Sec. 199. Time of appointing electors — (Except in case of a presi- dential election prior to the ordinary period, as specified in sections one hundred and forty-seven to one hundred and forty-nine, inclusive, when the oflSces of President and Vice-President both become vacant.) The electors of President and Vice-President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice-President. (R. S. Sec. 131). Sec. 200. Number of electors — The number of electors shall be equal to the number of Senators and Representatives to w^hich the several States are by law entitled at the time when the President and Vice-Presi- dent to be chosen come into office ; except, that where no apportionment of Representatives has been made after any enumeration, at the time of choosing electors, the number of electors shall be according to the then existing apportionment of Senators and Representatives. (R. S. Sec. 132.) Sec. 201. Vacancies in electoral college — Each State may, by law, provide for the filling of any vacancies which may occur in its college of electors when such college meets to give its electoral vote. ( R. S. Sec. 133. ) Sec. 202. Failure to make choice on appointed day^ Whenever any State has held an election for the purpose of choosing electors, and has failed to make choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct. (R. S. Sec. 134.) Sec. 203. Meeting and vote of electors — The electors of each State shall meet and give their votes on the Second Monday in January next 58 STATE OF NORTH DAKOTA following their appointment, at such place in each State as the legis- lature of such State shall direct. (Feb. 3, 1887, c. 90, Sec. 1, 24 Stat. 373.) Sec. 204. Determination of controversy as to appointment of electors — If any State shall have provided by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedure, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pur- suant to such law so existing on said day, and made at least six days prior to the said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereafter regulated, so far as the ascertainment of the electors appointed by such State is concerned. (Feb. 3, 1887, c. ^, Sec. 2. 24 Stat. 373.) Sec. 205. Certificates of appointment of electors — It shall be the duty of the executive of each State as soon as practicable after the conclusion of the appointment of electors in such State, by the final ascertainment under and in pursuance of the laws of such State, providing for such ascertainment, to communicate, under the seal of the State, to the Secre- tary of State of the United States a certificate of such ascertainment of the electors appointed, setting forth the names of such electors and the canvass or other ascertainment under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast; and it shall also thereupon be the duty of the executive of each State to deliver to the electors of such State, on or before the day on which they are required by the preceding section to meet, the same certificate in triplicate, under the seal of the State ; and such certificate shall be inclosed and transmitted by the electors at the same time and in the same manner as is provided by law for transmitting by such electors to the seat of Government the lists of all persons voted for as President and of all persons voted for as Vice- President : and section one hundred and thirty-six of the Revised Statutes is hereby repealed ; and if there shall have been any final determination in a State of a controversy or contest as provided for in section two of this Act, it shall be the duty of the executive of such State, as soon as practicable under such determination, to communicate, under the seal of the State, to the Secretary of State of the United States, a certificate of such determination, in form and manner as the same shall have been made ; and the Secretary of State of the United States, as soon as practic- able after the receipt at the State Department of each of the certificates hereinbefore directed to be transmitted to the Secretary of State, shall publish, in such public newspaper as he shall designate, such certificates in full ; and at the first meeting of Congress thereafter he shall transmit to the two Houses of Congress copies in full of each and every such certificte ELECTION LAWS OF THE UNITED STATES 59 SO received theretofore at the State Department. (Feb. 3, 1887, c. 90. Sec. 3, 24 Stat. 373.) Sec. 206. Maimer of voting — The electors shall vote for President and Vice-President, respectively, in the manner directed by the Constitution. (R. S. Sec. 137.) Sec. 207. Making and signing certificates — The electors shall maKe and sign three certificates of all the votes given by them, each of which certificates shall contain two distinct lists one of the votes for President, and the other of the votes for Vice-President and shall annex to each of the cer- tificates one of the lists of the electors which shall have been furnished to them by direction of the executive of the State. (R. S. Sec. 138.) Sec. 208. Sealing and indorsing certificates — The electors shall seal up the certificates so made by them, and certify upon each that the lists of all the votes of such State given for President, and of all the votes given for Vice-President, are contained therein. (R. S. Sec. 139.) Sec. 209. Transmission of certificates — The electors shall dispose of the certificates thus made by them in the following manner: One. They shall, by writing under their hands, or under the hands of a majority of them, appoint a person to take charge of and deliver to the President of the Senate, at the seat of Government, before the first Wednesday in January then next ensuing, one of the certificates. Two. They shall forthwith forward by the postoffice to the President of the Senate, at the seat of Government, one other of the certificates. Three. They shall forthwith cause the other of the certificates to be delivered to the judge of that district in which the electors shall assem- ble. (R. S. Sec. 140.) Sec. 210. Transmission of certificates to President of Senate— The certificates and lists of votes for President and Vice-President of the United States, mentioned in chapter one of title three of the Revised Statutes of the United States, and in the act to which this is a supple- ment, shall be forwarded, in the manner therein provided, to the Pres- ident of the Senate forthwith after the Second Monday in January, on which the electors shall give their votes. (Oct. 19, 1888, c. 1216, Sec. 1, 25 Stat. G13.) Sec. 211. District Judge's List — Whenever a certificate of votes from any State has not been received at the seat of Government on the fourth Monday of the month of January in which their meeting shall have been held, the Secretary of State shall send a special messenger to the district judge in whose custody one certificate of the votes from that State has been lodged, and such judge shall forthwith transmit that list to the seat 60 STATE OF NORTH DAKOTA of government. (R. S. Sec. 141, amended Oct. 19, 1888, c. 1216, Sec. 2, 25 Stat. 613.) Sec. 212. Absence of President of Senate — In case there shall be no President of the Senate at the seat of Government on the arrival of the persons entrusted with the certificates of the votes of the electors, then such persons shall deliver such certificates into the oflice of the Secretary of State, to be safely kept, and delivered over as soon as may be to the President of the Senate. (R. S. Sec. 143.) Sec. 213. Mileage of Messengers — Each of the persons appointed by the electors to deliver the certificates of votes to the President of the Senate shall be allowed, on the delivery of the list entrusted to him, twenty- five cents for every mile of the estimated distance, by the most usual road, from the place of meeting of the electors to the seat of Government of the United States. (R. S. Sec. 144.) Sec. 214. Forfeiture for messenger's neglect of duty — Every person who, having been appointed, pursuant to subdivison one of section one hundred and forty or to section one hundred and forty-one, to deliver the certificates of the votes of the electors to the President of the Senate, and having accepted such appointment, shall neglect to perform the services required from him, shall forfeit the sum of one hundred dollars. (R. S. Sec. 145.) Sec. 3946. Citizens; who are — All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States. (R. S. Sec. 1992.) Sec. 3947. Same; children of citizens born abroad — All children here- tofore or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States ; but the rights of citizenship shall not descend to children whose fathers never resided in the United States. (R. S. Sec. 1993.) Sec. 3948. Same; married women — Any woman who is now or may hereafter be married to a citizen of the United States, and who might her- self be lawfully naturalized, shall be deemed a citizen, (R. S. Sec. 1994.) Sec. 3951. Same; certain Indians born in the United States — Every Indian born within the territoral limits of the United States to whom allotments shall have been made and who has received a patent in fee simple under the provisions of this Act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up within said limits his residence, sepirate and ap rt from any tribe of Indians therein, and has adopted the habits of civilized life, is hereby declared to be a citizen of the United States, and is entitled to all the rights, privileges vnd immunities of such citizens. ELECTION LAWS OF THE UNITED STATES whether said Indian has been or not, by birth or otherwise, a member of any tribe of Indians within the territorial limits of the United States without in any manner impairing or otherwise affecting the right of any such Indian to tribal or other property. Feb. 8, 1887, c. 119, Sec. 6, 24 Stat. 390, amended March 3, 1901, c. 868, 31 Stat. 1447, and May 8, 1906, c. 2348, 34 Stat. 182.) Sec. 3952. Rights as citizens forfeited for desertion — All persons who deserted the military or naval service of the United States and did not return thereto or report themselves to a provost marshall within sixty days after the issuance of the proclamation by the President, dated the 11th day of March, 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citi- zens, and such deserters shall be forever incapable of holding any oflSce of trust or profit under the United States, or of exercising any rights of citizens thereof. (R. S. Sec. 1996.) Sec. 3953. Same; certain soldiers and sailors not to incur — No sol- dier or sailor, however, who faithfully served according to his enlistment until the 19th day of April 1865, and who, without proper authority or leave first obtained, quit his command or refused to serve after that date, shall be held to be a deserter from the Army or Navy; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred, under the preceding section, by the loss of citizenship and of the right to hold oflSce, in consequence of his desertion. (R. S. Sec. 1997.) Sec. 3954. Bights as citizens forfeited for desertion, or avoiding draft — Every person who hereafter deserts the military or naval services of the United States, or who being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, wth intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and for- feitures of section nineteen hundred and ninety-six of the Revised Statutes of the United States ; Provided, That the provisions of this section and said section nineteen hundred and ninety-six shall not apply to any person hereafter deserting the military or naval service of the United States in time of peace ; And provided further. That the loss of rights of citizen- ship heretofore imposed by law upon deserters from the military or naval service may be mitigated or remitted by the President where the offense was committed in time of peace and where the exercise of such clemency will not be prejudicial to the public interest ; And provided further. That the provisions of section eleven hundred and eighteen of the Revised Sta- tutes of the United States that no deserter from the military service of the United States shall be enlisted or mustered into the military service, and the provisions of section two of the Act of Congress approved August first, eighteen hundred and ninety-four, entitled "An Act to regulate enlist- 62 STATE OF NORTH DAKOTA ments in the Army of the United States", shall not be construed to pre- clude the reenlistment or muster into the Army of any person who has deserted, or may hereafter desert, from the military service of the United States in time of peace, or of any soldier whose service during his last preceding term of enlistment has not been honest and faithful, whenever the reenlistment or muster into the military service of such person or soldier shall, in view of the good conduct of such x>erson or soldier sub- sequent to such desertion or service, be authorized by the Secretary of War. (R. S. Sec. 1998, amended Aug. 22, 1912, c. 336, Sec. 1, 37 Stat. 356.) Sec. 3960. Citizenship; American women roarrjing foreigners — Any American woman who marries a foreigner shall take the nationality of her husband. At the termination of the marital relation she may resume her American citizenship, if abroad, by registering as an American citizen within one year with a consul of the United States, or by returning to reside in the United States, or, if residing in the United States at the termination of the marital relation, by continuing to reside therein. (March 2, 1907, c. 2534, Sec. 3, 34 Stat. 1228.) Sec. 3961. Same; foreign women marrying citizens — Any foreign woman who acquires American citizenship by marriage to an American shall be assumed" to retain the same after the termination of the marital relation if she continues to reside in the United States, unless she makes formal renunciation thereof before a court having jurisdiction to natural- ize aliens, or if she resides abroad, she may retain her citizenship by registering as such before a United States consul within one year after the termination of such marital relation. (March 2, 1907, c. 2534, Sec. 4, 34 Stat. 1229.) Sec. 3962. Same; cliildren born abroad, of alien parents, by natural- ization of parents — A child born without the United States of alien par- ents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American Citizenship by the parent ; Provided, That such naturalization or resumption takes place during the minority of such child ; And, provided further. That the citizenship of such minor child shall begin at the time such minor child begins to reside permanently in the United States. (March 2, 1907, c. 2534. Sec. 5. 34 Stat. 1229.) Sec. 3963. Same; children of citizens, bom and residing abroad — All children born outside the limits of the United States who are citizens thereof in accordance with the provisions of section nineteen hundred and ninety-three of the Revised Statutes of the United States and who continue to reside outside the United States shall, in order to receive the protection of this Government, be required upon reaching the age of eighteen years to record at an American consulate their intention to become residents ELECTION LAWS OF THE UNITED STATES 6.T and remain citizens of the United States and shall be further required to take the oath of allegiance to the United States upon attaining their majority. (March 2, 1907, c. 2534, Sec. G, 34 Stat. 122U.) Sec. 3964. Duplicates of evidence, registration or ottier act filed with State Department — Duplicates of any evidence, registration, or other acts required by this Act shall be filed with the Department of State for record. (March 2, 1907, c. 2534, Sec. 7, 34 Stat. 1229. > Sec. 3965. Interference witii freedom of elections — No oflScer of the Army or Navy of the United States shall prescribe or fix, or attempt to prescribe or fix, by proclamation, order, or otherwise, the qualifications of voters in any State, or in any manner interfere with the freedom of any election in any State, or within the exercise of the free right of suffr.ige in any State. (R. S. Sec. 2003.) Sec. 3966. Race, color, or previous condition not to affect right to vote— All citizens of the United States who are otherwise qualified by law to vote at any election by the people in any State, Territory, district, county, city, parish, township, school district, municipality, or other terri- torial subdivision, shall be entitled and allowed to vote at all such elec- tions, without distinction of race, color, or previous condition of servitude ; any constitution, law, custom, usage, or regulation of any State or Terri- tory, or by or under its authority, to the contrary notwithstanding. (R. S. Sec. 2004. ) Sec. 4351. Jurisdiction of naturalization; forms — Exclusive jurisdic- tion to naturalize aliens as citizens of the United States is hereby con- ferred upon the following specified courts : United States circuit and district courts now existing, or which may hereafter be established by Congress in any State, United States district courts for the Territories of Arizona, New Mexico, Oklahoma, Hawaii, and Alaska, the supreme court of the District of Columbia, and the United States Courts for the Indian Territory; also all courts of record in any State or Territory now existing, or which may hereafter be created, having a seal, a clerk, and jurisdiction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited. That the naturalization jurisdiction of all courts herein specified. State, Territorial, and Federal, shall extend only to aliens resident within the respective judicial districts of such courts. The courts herein specified shall, upon the requisition of the clerks of such courts, be furnished from time to time by the Bureau of (Immigra- tion and) Naturalization with such blank forms as may be required in the naturalization of aliens, and all certificates of naturalization shall be con- secutively numbered and printed on safety paper furnished by siid Bureau. (June 29, 1906, c. 3592. Sec. 3, 34 Stat. 596.) 64 STATE OF NORTH DAKOTA Sec. 4352. Proceedings for naturalization — An alien may be admitted to become a citizen of the United States in the following manner and not otherwise : (1) Declaration of intention — First. Pie shell declare on oath before the clerk of any court authorized by this Act to naturalize aliens, or his authorized deputy, in the district in which such alien resides, two years at least prior to his admission, and after he has reached the age of eighteen years, that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, and particularly, by name, to the prince, potentate, state or sovereignty of which the alien may be at the time a citizen or subject. And such declaration shall set forth the name, age, occupation, personal description, place of birth, last foreign residence and allegiance, the date of arrival, the name of the vessel if any, in which he came to the United States, and the present place of residence in the United States of said alien ; Provided, however, That no alien, who, in conformity with the law in force at the date of his declaration, has declared his intention to become a citizen of the United States shall be required to renew such declaration. (2) Petition for admission to citizenship; certificate of arrival and declaration of intention — Second. Not less than two years nor more than seven years after he has made such declaration of intention he shall make and file, in duplicate, a petition in writing, signed by the applicant in his own handwriting and duly verified, in which petition such applicant shall state his full name, his place of residence (by street and number, if possible), his occupation, and if possble, the date and place of his birth, the place from which he emmigrated, and the date and place of his arrival in the United States, and, if he entered through a port, the name of the vessel on which he arrived; the time when and the place and the name of the court where he declared his intention to become a citizen of the United States ; if he is married, he shall state the name of his wife, and, if possible the country of her nativity and her place of residence at the time of filing his petition ; and if he has children, the name, date and place of birth and place of residence of each child living at the time of the filing of his petition ; Provided, That if he has filed his declaration before the passage of this Act he shall not be required to sign the petition in his own handwriting. The petition shall set forth that he is not a disbeliever in or opposed to organized government, or a member of or affiliated with any organiza- tion or body of persons teacliing disbelief in or opposed to organized government, a polygamist or believer in the practice of polygamy, and that it is his intention to become a citizen of the United States and to re- nounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, and particularly by name to the prince, potentate, state or sovereignty of which he at the time of filing ELECTION LAWS OF THE UNITED STATES 65 his petition may be a citizen or subject, and that it i^ his intention to re- side permanently within the United States, and whether or not he has been denied admission as a citizen of the United States and, if denied, the ground or grounds of such denial, the court or courts in which such decision was rendered, and that the cause for such denial has since been cured or removed, and every fact material to his naturalization and required to be proved upon the final hearing of his application. The petition shall also be verified by the aflSdavits of at least two credible witnesses, who are citizens of the United States, and who shall state in their afiidavits that they have personally known the applicant to be a resident of the United States for a period of at least five years con- tinuously, and of the State, Territory, or the District of Columbia in which the rpplication is made for a period of at least one year immediately pre- ceding the date of the filing of his petition, and that they each have per- sonal knowledge that the petitioner is a person of good moral character, and that he is in every way qualified, in their opinion, to be admitted as a citizen of the United States. At the time of filing his petition there shall be filed with the clerk of the court a certificate from the Department of Commerce and Labor, if the petitioner arrives in the United States after the passage of this Act, stating the date, place, and manner of his arrival in the United States, and the declaration of intention of such petitioner, which certificate and declar- ation shall be attached to and made a part of said petition. (3) Declaration to support constitution and laws — ^Third; he shall, before he is admitted to citizenship, declare on oath in open court that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to any for- eign prince, potentate, state or sovereignty and particularly by name the prince, potentate, State or Sovereignty of which he was before a citizen or subject : that he will support and defend the Constitution and laws of the United States against all enemies, foreign or domestic, and bear true faith and allegiance to the same. (4) Evidence of residence and character — Fourth. It shall be made to appear to the satisfaction of the court admitting any alien to citizen- ship that immediately preceding the date of his application he has resided continuously within the United States five years at least, and within the State or Territory where such court is at the time held one year at least, and that during that time he has behaved as a man of good moral char- acter, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same. In addi- tion to the oath of the applicant, the testimony of at least twb witnesses, citizens of the United States, as to the facts of residence, moral character, and attachment to the principles of the Constitution shall be required, and the name, place of residence, and occupation of each witness shall be .set forth in the record. 66 STATE OF NORTH DAKOTA (5) R^iunciation of title or order — Fifth, In c .se the alien applying to be admitted to citizensliip lias borne any hereditaiy titlo. or h is been of any of the orders of nobility in tlie kingdom or stite from which he came, lie shall, in addition to the above requisites, make an express re- nunciation of his title or order of nobilitj' in the court to whicli his ap- plication is made, and his renunciation shall be recorded in the court. (6) Naturalization of widows and minor children of aliens dying after declaration of intention — Sixth. When any alien who has declared his intention to become a citizen of the I'nited States dies before he is actually naturalized the widow and minor children of such alien m-y. by complying with the other provisions of this Act. be naturalized witliout making any declaration of intention. (7) Filipinos, Porto Ricans or aliens in service of Amiy, Na\T, Marine Corps, Coast Guard, or merchant marine — Seventh. Any native- born Filipino of the age of twenty-one years and upward who has de- clared his intention to become a citizen of the United States and who has enlisted or may hereafter enlist in the I'nited States Navy or Marine Corps or the JN^aval Auxiliary Service, and who. after service of not less than three years, may be honorably discharged therefrom, or who may receive an ordinaiT discharge with recommendation for reenlistment : or any alien. or any Porto Rican not a citizen of the United States, of the age of twenty one years and upward, who has enlisted or entered or may here- after enlist in or enter the armies of the United States, either the Regular or the Volunteer Forces, or the National Army, the National (riiard or Naval Militia of any State. Territory, or the District of Columlna. or the State Militia in Federal Service, or in the United States Navy or Marine Corps, or in the United States Coast Guard, or who has served for three years on board of any vessel of the I'nited States (:U)vernment. or for three years on board of merchant or fishing vessels of the T'nited States of more than twenty tons burden, and while still in the service on a re- enlistment or reappointment, or within six months after an honorable dis- charge or separation therefrom, or while on furlough to the Army Reserve or Regular Army Reserve after honorable service, may, on presentation of the required declaration of intention petition for naturalization without proof of the required five years residence within the United States if upon examination by the representative of the Bureau of Naturalization, in ac- cordance with the requirements of this subdivision it is shown that such residence can not be established: any alien serving in the military or naval service of the United States during the time this country is engiged in the present war may file his petition for naturalization without mi kin? the preliminary declaration of intention and without proof of the required five years residence within the United States: any alien declarant who has served in the United States Army or Navy, or the Philippine Con- stabulary, and has been honorably discharged therefrom, and has been accepted for service in either the military or naval service of the United ELECTION LAWS OF THE UNITED STATES 67 States on the condition that he become a citizen of the United Sttes. may file his petition for naturalization upon proof on continuous residence with- in the United States for the three years immediately preceding his peti- tion, by two witnesses, citizens of the United States, and in these cases only residence in the Philippine Islands, and the Panama Canal Zone, by Aliens may be considered residenc*e within the United States, and the place of such military service, shall be construed as the place of residence re- quired to be established for purposes of naturalization: and any alien, or any person owing permanent allegiance to the United States embraced within this subdivision, may file his petition for naturalization in the most convenient court without proof of residence within its jurisdiction, not- withstanding the limitation upon the jurisdicton of the courts specified in section three of the Act of June twenty-ninth, nineteen hundred and six, provided he appears with his two witnesses before the appropriate repre- sentative of the Bureau of Naturalizatioo and passes the preliminary ex- amination hereby required before filing his petition for naturalization in the oflice of the clerk of the court, and in each case the record of this examination shall be offered in evidence by the representative of the Gov- ernment from the Bureau of Naturalization and made a part of the record at the original and any subsequent hearings: and, except as otherwise herein provided, the honorable discharge certificate of such alien, or per- son, owing permanent allegiance to the United States, or the certificate of service showing good conduct, signed by a duly authorized officer, or by the masters of said vessels, shall be deemed prima facie evidence to satisfy all of the requirements of residence within the United States, and within the State, Territory, or the District of Columbia, and good moral ch racter required by law, when supported by the affidavits of two witnesses, citizens of the United States, identifying the applicant as the person named in the certificate or honorable discharge, and in those cases only where the alien is actually in the military or naval service of the United States, the certificate of arrival shall not be filed with the petition for naturalization in the manner prescribed: and any petition for naturalization filed under the provisions of this subdivision may be heard immediately, notwithstand- ing the law prohibits the hearing of a petition for naturalization during thirty days preceding any election in the jurisdiction of the court. Any alien, who, at the time of the passage of this Act. is in the military service of the United States, who may not be within the jurisdiction of any court authorized to naturalize aliens, may file his petition for naturalization without appearing in person in the office of the clerk of the court and shall not be required to take the prescribed oath of allegiance in open court. The petition shall be verified by the affidavits of at least two credible witnesses who are citizens of the United States and who shall prove in their affidavits the portion of the residence that they have per- sonally knowji the applicant to have resided within the United States. The time of military service may be established by the affidavits of at least two other citizens of the United States, which together with the <6S STATE OF NORTH DAKOTA oath of allegiance, may be taken in accordance with the terms of section seventeen hundred and fifty of the Revised Statutes of the United States after notice from and under regulations of the Bureau of Naturalization. Such affidavits and oath of allegiance shall be admitted in evidence in any original or appellate naturalization proceedings without proof of the .genuineness of the seal or signature or of the official character of the officer before whom the affidavits and oath of allegiance were taken, and shall be filed by the Representative of the Government from the Bureau of Naturalization at the hearing as provided by section eleven of the Act of June twenty-ninth, nineteen hundred and six. Members of the Natwral- ization Bureau and Service may be designated by the Secretary of Labor to administer oaths relating to the administration of the naturalization law ; and the requirements of section ten of notice to take depositions to the United States Attorneys is repealed, and the duty they perform, under section fifteen of the Act of June twenty-ninth, nineteen hundred and six (Thirty-fourth Statutes at Large, part one. page five hundred and ninety- six), may also be performed by the Commissioner or Deputy Commissioner of Naturalization ; Provided, That it shall not be lawful to make a declar- ation of intention before the clerk of any court on election day or during the period of thirty days preceding the day of holding any election in the jurisdiction of the court; Provided, Further, That service by aliens upon vessels other than of American registry whether continuous or broken, shall not be considered as residence for naturalization purposes within the jurisdiction of the United States, and such aliens can not secure residence for naturalization purposes during service upon vessels of foreign registry. During the time when the United States is at war no clerk of a United States court shall charge or collect a naturalization fee from an alien in the military service of the United States for filing his petition or issuing the certificate of naturalization upon admission to citizenship, and no clerk of any State court shall charge or collect any fee for this service unless the laws of the State require such charge to be made, in which case nothing more than the portion of the fee required to be paid to the State shall be charged or collected. A full accounting for all of these trans- actions shall be made to the Bureau of Naturalization in the manner pro- vided by section thirteen of the Act of June twenty-ninth, nineteen hundred and six. (8) Alien seamen deemed citizens — Eight. Every seaman, being an alien, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served three years upon such mer- chant or fishing vessels of the United States, be deemed a citizen of the United States for the purpose of serving on board any such merchant or fishing vessel of the United States, anything to the Contrary in any Act of Congress notwithstanding ; but such seaman shall, for all purposes of protection as an American citizen, be deemed such after the filing of his declaration of intention to become such citizen; Provided, That nothing ELECTION LAWS OF THE UNITED STATES 69- contained in this Act shall be taken or construed to repeal or modify any portion of the Act approved March fourth, nineteen hundred and fifteen, (Thirty-eighth Statutes at large, part one, page eleven hundred and sixty- four, chapter one hundred and fifty-three) being an Act to promote the welfare of American seamen. (9) Rciimbursement for printing and binding — Ninth. For the pur- pose of carrying on the work of the Bureau of Naturalization of sending the names of the candidates for citizenship to the public schools and other- wise promoting instruction and training in citizenship responsibilities, of applicants for naturalization, as provided in this subdivision, authority is hereby given for the reimbursement of the printing and binding appro- priation of the Department of Labor and upon the records of the Treasury Department from the naturalization fees deposited in the Treasury through the Bureau of Naturalization for the cost of publishing the citizenship text book prepared and to be distributed by the Bureau of Naturalization to those candidates for citizenship only who are in attendance upon the pub- lic schools, such reimbursement to be made upon statements by the Com- missioner of Naturalization of books actually delivered to such student, candidates for citizenship, and a monthly naturalization bulletin, and in this duty to secure the aid of and cooperate with the official State and national organizations, including those concerned with vocational educa- tion and including personal services in the District of Columbia, and to aid' the local Army exemption boards and cooperate with the War Depart- ment in locating declarants subject to the Army draft and expenses in- cidental thereto. (10) Aliens erroneously exercising privileges of citizens — Tenth. Any person not an alien enemy, who resided uninterruptedly within the United States during the period of five years next preceding July first, nineteen hundred and fourteen, and was on that date otherwise qualified to become a citizen of the United States, except that he had not made the declar- ation of intention required by law and who during or prior to that time because of misinformation regarding his citizenship status erroneously exercised the rights and performed the duties of a citizen of the United States in good faith, may file the petition for naturalization prescribed by law without making the preliminary declaration of intention required of other aliens, and upon satisfactory proof to the court that he has so acted may be admitted as a citizen of the United States upon complying in all respects with the other requirements of the naturalization law. (11) Alien enemies — Eleventh. No alien who is a native, citizen, subject, or denizen of an country. State, or sovereignty with which the United States is at war shall be admitted to become a citizen of the United States unless he made his declaration of intention not less than two nor more than seven years prior to the existence of the state of war or was at that time entitled to become a citizen of the United States, with- 70 STATE OF NORTH DAKOTA out making a declaration of intention, or unless his petition for natural^ ization shall then be pending and is otherwise entitled to admission, not- withstanding he shall be an alien enemy at the time and in the manner prescribed by the laws passed upon that subject ; Provided, That no alien embraced within this subdivision shall have his petition for naturalization called for a hearing, or heard, except after ninety days' notice given by the clerk of the court to the Commissioner or Deputy Commissioner of Naturalization to be present, and the petition shall be given no final hear- ing except in open court and after such notice to the representative of the Government from the Bureau of Naturalization, whose objection shall cause the petition to be continued from time to time for so long as the Government may require; Provided, however. That nothing herein con- tained shall be taken or construed to interfere with or prevent the appre- hension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturalization of such alien ; and section twenty- one hundred and seventy-one of the Revised Statutes of the United States is hereby repealed; Provided, further, That the President of the. United States may, in his discretion upon investigation and report by the De- partment of Justice fully establishing the loyalty of any alien enemy not included in the foregoing exemption, except such alien enemy from the classification of alien enemy, and thereupon he shall have the privilg^ of applying for naturalization ; and for the purpose of carrying into effect the provisions of this section, including personal services in the District of Columbia, the sum of $400,000 is hereby appropriated, to be available until June thirtieth, nineteen hundred and nineteen, including travel ex- penses for members of the Bureau of Naturalization and its field service only, and the provisions of Section thirty-six hundred and seventy-nine of the Revised Statutes shall not be applicable in any way to this appro- priation. (12) Repatriation of expatriated citizens — Twelfth. Any person, who, while a citizen of the United States and during the existing war in Europe, entered the military or naval service of any country at war with a country with which the United States is now at war, who shall be deemed to have lost his citizenship by reason of any oath or obligation taken by him for the purpose of entering such service, may resume his citizenship by taking the oath of allegiance to the United States prescribed by the naturalization law and regulations, and such oath may be taken before any court of the United States or of any State authorized by law to naturalize aliens or before any consul of the United States, and certi- fied copies thereof shall be sent by such court or consul to the Depart- ment of State and the Bureau of Naturalization, and the Act (Public fifty-five Congress, approved October fifth, nineteen hundred and seven- teen,) is hereby repealed. (13) Proof of continuous residence— Thirteenth. Any person who is serving in the military or naval forces of the United States at the termin- ELECTION LAWS OF THE UNITED STATES 71 ation of the existing war, and any person who before the termination of the existing war may have been honorably discharged from the military or naval services of the United States on account of disability incurred in line of duty, shall, if he applies to the proper court for admission as a citizen of the United States, be relieved from the necessity of proving that immediately preceding the date of his application he has resided con- tinuously within the United States the time required by law of other fslieus, or within the State, Territory, or t:he District of Columbia for the year immediately preceding the date of his petition for naturalization, but his petition for naturalization shall be supported by the aflfidavits of two credible witnesses, citizens of the United States, identifying the petitioner as the person named in the certificate of honorable discharge, which said certificate may be accepted as evidence of good moral character required by law and he shall comply with the other requirements of the naturaliza- tion law. (June 29, 1906, c. 35^2, Sec. 4, 34 Stat. 596; amended June 25, 1910, c. 401, Sec. 3, 36 Stat. 830, and May 9, 1918, c. 69, Sees. 1-3, 40 Stat.) Sec. 4352a. Validation of certificates of naturalization — All certificates of naturalization granted by courts of competent jurisdiction prior to December thirty-first, nineteen hundred and eighteen, upon petitions for naturalization filed prior to January thirty-first, nineteen hundred and eighteen, upon declarations of intention filed prior to September twenty- seventh, nineteen hundred and six, are hereby declared to be valid in so far as the declaration of intention is concerned, but shall not be by this act further validated or legalized. (May 9, 1918, c. 69, Sec. 3, 40 Stat.) See. 4352aa. Acts repealed — All acts or parts of acts inconsistent with or repugnant to the provisions of this Act are hereby repealed; but nothing in this Act shall repeal or in any way enlarge section twenty-one hun- dred and sixty-nine of the Revised Statutes, except as specified in the seventh subdivision of this Act and under the limitation therein defined; Provided, That for the purposes of prosecution of all crimes and offenses against the naturalization laws of the United States which may have been committed prior to this Act the Statutes and laws hereby repealed shall remain in full force and effect. Provided, further. That as to all aliens, who, prior to January first, nineteen hundred, served in the Armies of the United States and were honorably discharged therefrom, section twenty-one hundred and sixty-six of the Revised Statutes of the United States shall be and remain in full force and effect, anything in this Act to the Contrary notwithstanding. (May 9, 1918, c. 69, Sec. 2, 40 Stat.) Section 4353. Notice of filing of petition and hearing thereon — The. clerk of any court shall, immediately after filing the petition, give notice thereof by posting in a public and conspicuous place in his oflSce or in the building in which his office is situated, under an appropriate heading, the name, nativity, and residence of the alien, the date and place of his arrival in the United States, and the date, as nearly as may be, for the n STATE OF NORTH DAKOTx\ final hearing of his petition, and the names of the witnesses, whom the applicant expects to summon in his behalf, and the clerk shall, if the appli- cant requests it, issue a subpoena for the witnesses so named by the said applicant to appear upon the day set for the final hearing, but in case such witnesses can not be produced upon the final hearing other wit- nesses may be summoned. (June 29, 1906, c. 3592, Sec. 5, 34 Stat 598.) Sec. 4354. Time for filing petition and final action; change of name- Petitions for naturalization may be made and filed during term time or vacation of the court and shall be docketed the same day as filed, but final action thereon shall be had only on stated days, to be fixed by the rule of the court, and in no case shall final action be had upon a petition until at least ninety days have elapsed after filing and posting the notice of such petition ; Provided, That no person shall be naturalized nor shall any certificate of naturalization be issued by any court within thirty days preceding the holding of any general election within its territorial juris- diction. It shall be lawful, at the time and as a part of the naturalization of any alien, for the court, in its discretion, upon the petition of such alien, to make a decree changing the name of said alien, and his certificate of naturalization shall be issued to him in accordance therewith. June 29, 1906, c. 3592, Sec. 6, 34 Stat. 598.) Sec. 4358. Aliens of African nativity and descent — The provisions of this Title shall apply to aliens being free white persons, and to aliens of African nativity and to persons of African descent. (R. S. Sec. 2169. amended Feb. 18, 1875, c. 80, Sec. 1, 18 Stat. 318.) Sec. 4359. Chinese not to be naturalized — Hereafter no State court or court of the United States shall admit Chinese to citizenship ; and all laws in conflict with this Act are hereby repealed. (May 6, 1882. c. 126, Sec. 14, 22 Stat. 61.) Sec. 4360. Residence of five years — Xo alien shall be admitted to be- come a citizen who has not for the continued term of five years next pre- ceding his admission resided within the United States. (R. S. Sec. 2170.) Sec. 4381. Residence in Hawaiian Islands equivalent to residence in the United States — For the purpose of naturaIiz:ition under the laws of the United States residence in the Hawaiian Isbinds prior to the taking effect of this Act shall be deemed equivalent to residence in the Ignited States and in the Territory of Hawaii, and the requirement of a previous declaration of intention to become a citizen of the United States, and to renounce former allegiance shall not apply to persons who have resided in said Islands at least five years prior to the taking effect of this Act ; but all other provisions of the laws of the United States relating to naturalization shall, so far as applicable, apply to persons in said Islands. All records relating to naturalization, all declarations of intention to become citizens of the United States, and all certificites of naturalizntion ELECTION LAWS OF THE UNITED STATES 73 filed, recorded or issued prior to the taking effect of the Naturalization Act of June twenty-ninth, nineteen hundred and six, in or from any cir- cuit court of the Territory of Hawaii, shall for all purposes be deemed to- be and to have been made, filed, or recorded or issued by a court with jurisdiction to naturalize aliens, but shall not be by this Act further validated or legalized. (April 30, 1900, c. 339, Sec. 100, 31 Stat. 161, amended May 27, 1910, c. 258, Sec. 9, 36 Stat. 448.) See. 4363. Anarchists and polygamists not to be naturalized — No per- son who disbelieves in or who is opposed to organized government, or who is a member of or affiliated with any organization entertaining and teach- ing such belief in or opposition to organized government, or who advocates or teaches the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States, or of any other or- ganized government, because of his or their official character, or who is a polygamist, shall be naturalized or be made a citizen of the United States. (Juue 29, 1906, c. 3592, Sec. 7, 34 Stat. 598.) Sec. 4364. Persons not speaking English not to be naturalized — No alien shall hereafter be naturalized or admitted as a citizen of the United States who can not speak the English language ; Provided, That this re- quirement shall not apply to aliens who are physically unable to comply therewith, if they are otherwise qualified to become citizens of the United States ; and provided further. That the requirements of this section shall not apply to any alien who has prior to the passage of this Act declared his intention to become a citizen of the United States in conformity with the law in force at the date of making such declaration ; Provided, fur- ther, That the requirements of section eight shall not apply to aliens who shall hereafter declare their intention to become citizens and who shall make homestead entries upon the public lands of the United States and comply in all respects with the laws providing for homestead entries on such lands. (June 29, 1906, c. 3592, Sec. 8, 34 Stat. 599.) Sec. 4365. Wife making homestead entry and children of aliens be^ coming insane before actually naturalized — When any alien, who has de- clared his intention to become a citizen of the United States, becomes in- sane before he is actually naturalized, j:nd his wife shall thereafter make a homestead entry under the laud laws of the United States, she and their minor children may. by complying with the other provisions of the naturalization laws be naturalized without making any declaration of in- tention. (Feb. 24, 1011, c. 151. 36 Stat. 929). Sec. 4365. Persons not citizens who owe permanent allegiance to United States — All the applicable provisions of the naturalization laws of the United States shall apply to and be held to authorize the admission to citizenship of all persons not citizens who owe permanent allegiance to 74 STATE OF NORTH DAKOTA the United States, and who may become residents of any State or organ- ized 'territory of the United States, with the following modifications: The applicant shall not be required to renounce allegiance to any foreign sovereignty ; he shall make his declaration of intention to become a citizen of the United States at least two years prior to his admission ; and resi- dence within the jurisdiction of the United States owing such permanent allegiance, shall be regarded as residence within the United States within the meaning of the five years' residence clause of the existing law. (June 29, 1906, c. 3592, Sec. 30, 34 Stat. 606.) Sec. 4367. Citizenship of children of persons naturalized under cer- tain laws — ^The^ children of persons who have been duly naturalized under any law of the United States, or who, previous to the passing of any law on that subject, by the Government of the JJnited States, may have be- come citizens of any of the States, under the laws thereof, being under the age of twenty-one years at the time of the nafuralization of their parents, shall, if dwelling in the United States, be considered as citizens thereof; and the children of persons who now are, or have been, citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens thereof. (R. S. Sec. 2172.) Sec. 4368. Final hearing on petition ; record of final order — Every final hearing upon such petition shall be had in open court before a judge or judges thereof, and every final order which may be made upon such peti- tion shall be under the hand of the court and entered in full upon a record kept for that purpose, and upon such final hearing of such petition the applicant and witnesses shall be examined under oath before the court and in the presence of the court. (June 29, 1906, c. 3592, Sec. 9, 34 Stat. 599.) Sec. 4369. Evidence of Residence — In case the petitioner has not re- sided in the State, Territory, or the District of Columbia for a period of five years continuously and immediately preceding the filing of his peti- tion he may establish by two witnesses, both in his petition and at the hearing, the time of his residence within the State, provided that it has been for more than one year, and the remaining portion of his five years' residence within the United States required by law to be established may he proved by the depositions of two or more witnesses, who are citizens of the United States, upon notice to the Bureau of Immigration and Natur- alization and the United "States attorney for the district in which said witnesses may reside. (June 29, 1906, c. 3592, Sec. 10, 34 Stat. 599, amended May 9, 1918, c. 69, Sec. 3, 40 Stat.) Sec. 4370. Appearance by United States and proceedings in opposi- tion — The United States shall have the right to appear before any court or courts exercising jurisdiction in naturalization proceedings for the pur- pose of cross-examining the petitioner and the witnesses produced in sup- ELECTION LAWS OP THE UNITED STATES 7S port of his petition concerning any matter touching or in any way affect- ing his right to admission to citizenship, and shall have the right to call witnesses, produce evidence, and be heard in opposition to the granting of any petition in naturalization proceedings. (June 29, 1906, c. 3592, Sec. 11, 34 Stat. 599.) Sec. 4371. Duties of clerks of courts — It is hereby made the duty of the clerk of each and every court exercising jurisdiction in naturalization matters under the provisions of this Act to keep and file a duplicate of each declaration of intention made before him and to send to the Bureau of (Immigration and) Naturalization at Washington, within thirty days after the issuance of a certificate of citizenship, a duplicate of such certi- cate, and to make and keep on file in his oflBce a stub for each certificate so issued by him, whereon shall be entered a memorandum of all the essen- tial facts set forth in such certificates. It shall also be the duty of the clerk of each of said courts to report to the said Bureau, within thirty days after the final hearing and decision of the court, the name of each and every alien who shall be denied naturalization and to furnish to said Bureau duplicates of all petitions within thirty days after the filing of the same, and certified copies of such other proceedings and orders in- stituted in or issued out of said court affecting or relating to the natural- ization of aliens as may be required from time to time by the said Bureau. In case any such clerk or oflBcer acting under his direction shall refuse or neglect to comply with any of the foregoing provisions he shall forfeit and pay to the United States the sum of twenty-five dollars in each and every case in which such violation or omission occurs, and the amount of such forfeiture may be recovered by the United States in an action of debt against such clerk. Clerks of court having and exercising jurisdiction in naturalization matters shall be responsible for all blank certificates of citizenship re- ceived by them from time to time from the Bureau of (Immigration and) Naturalization, and shall account for the same to the said Bureau when- ever required so to do by such Bureau. No certificate of citizenship re- ceived by any such clerk which may be defaced or injured in such man- ner as to prevent its use as herein provided shall in any case be de- stroyed, but such certificate shall be returned to the said Bureau; and in case any such clerk shall fail to return or properly account for any certi- ficate furnished by the said Bureau, as herein provided, he shall be liable to the United States in the sum of fifty dollars, to be recovered in an action of debt, for each and every certificate not properly accounted for or returned. (June 29, 1906, c. 3592, Sec. 12, 34 Stat. 599.) Sec. 4372. Fees — The clerk of each and every court exercising juris- diction in naturalization cases shall charge, collect, and account for the following fees in each proceeding : ie STATE OF NORTH DAKOTA For receiving and filing a declaration of intention and issuing a dupli- cate thereof, one dollar. For making, filing and docketing the petition of an alien for admis- sion as a citizen of the United States and for the final hearing thereon, two dollars; and for entering the final order and the issuance of the cer- tificate of citizenship thereunder, if granted, two dollars. The clerk of any court collecting such fees is hereby authorized to retain one-half of the fees collected by him in such naturalization pro- ceeding; the remaining one-half of the naturalization fees in each case collected by such clerks respectively, shall be accounted for in their quar- terly accounts, which they are hereby required to render the Bureau of (Immigration and) Naturalization, and paid over to such Bureau within thirty days from the close of each quarter in each and every fiscal year,, and the moneys so received shall be paid over to the disbursing clerk of the Department of (Commerce and) Labor, who shall thereupon deposit them in the treasury of the United States, rendering an account therefor quarterly to the Auditor for the State and other Departments, and the said disbursing clerk shall be held responsible under his bond for said fees so received. In addition to the fees herein required, the petitioner shall, upon the filing of his petition, to become a citizen of the United States, deposit with and pay to the clerk of the court a sum of money suflicient to cover the expenses of subpoenaing and paying the legal fees of any witnesses for whom he may request a subpoena, and upon the final discharge of such witnesses, they shall receive, if they demand the same from the clerk, the customary and usual witness fees from the moneys which the petitioner shall have paid to such clerk for such purpose, and the residue, if any, shall be returned by the clerk to the petitioner ; Provided, That the clerks of courts exercising jurisdiction in naturalization proceedings shall be per- mitted to retain one-half of the fees in any fiscal year up to the sum of three thousand dollars, and that all fees received by such clerks in natur- alization proceedings in excess of such amount shall be accounted for and paid over to said Bureau as in case of other fees to which the United States may be entitled under the provisions of this Act. The clerks of the various courts exercising jurisdiction in naturalization proceedings shall pay all additional clerical force that may be required in performing the duties imposed by this Act upon the clerks of courts from fees received by such clerks in naturalization proceedings. And in case the clerk of any court exercising naturalization jurisdiction collects fees in excess of the sum of six thousand dollars in anj- fiscal year the Secretary of (Commerce and) Labor may allow salaries, for naturalization purposes only, to pay for clerical assistance, to be selected and employed by that clerk, additional to the clerical force, for which clerks of courts are required by this sec- tion to pay from fees received by such clerks in naturalization proceedings,. ELECTION LAWS OF THE UNITED STATES 77 if in the opinion of said Secretary the naturalization business of such clerk warrants further additional assistance; Provided, That in no event, shall the whole amount allowed the clerk of a court and his assistants exceed one-half of the gross receipts of the oflBce of said clerk from na- turalization fees during such fiscal year; Provided, further, That when, at the close of any fiscal year, the business of such clerk of court indicates in the opinion of the Secretary of (Commerce and) Labor that the natur- alization fees for the succeeding fiscal year will exceed six thousand dol- lars the Secretary of( Commerce and) Labor may authorize the con- tinuance of the allowance of salaries for the additional clerical assistance herein provided for and employed on the last day of the fiscal year until such time as the remittance indicate in the opinion of said Secretary, that the fees for the then current fiscal year will not be suflficient to allow the additional clerical assistance authorized by this Act. That payment for the additional clerical assistance herein authorized shall be in the manner and under such regulations as the Secretary of (Commerce and) Labor may prescribe. (June 29, 1906, c. 3592, Sec. 13, 34 Stat. 600, amended, June 25, 1910, c. 401, Sec 1, 36 Stat. 829.) Sec. 4372a. Same — The whole amount allowed for a fiscal year to the clerk of a court and his assistants from naturalization fees and this ap- propriation or any similar appropriation made hereafter shall be based upon and not to exceed the one-half of the gross receipts of said clerk from naturalization fees during the fiscal year immediately preceding, unless the naturalization business of the clerk of any court durng the year shall be in excess of the naturalization business of the preceding year, in which event the amount allowed may be increased to an amount equal to one- half the estimated gross receipts of the said clerk from naturalization fees during the current fiscal year. (June 12, 1917, c. 27, Sec. 1, 40 Stat. 171.) Sec. 4373. Records of court; reference to in certificate record — The de- clarations of intention and the petitions for naturalization shall be bound in chronological order in separate volumes, indexed, consecutively numbered, and made part of the records of the court. Each certificate of naturalization issued shall bear upon its face, in a place prepared therefor, the volume number and page number of the petition whereon such certificate was is- sued, and the volume number and page number of the stub of such cert- ficate. (June 29, 1906, c. 3592, Sec. 14, 34 Stat. 601.) Sec. 4374. Cancellation of certificates — It shall be the duty of the United States district attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any court having jurisdiction to naturalize aliens in the judicial district in which the natur- alized citizen may teside at the time of bringing the suit, for the purpose of setting aside and canceling the certificate of citizenship on the ground of fraud, or on the ground that such certificate of citizenship was il- 78 STATE OF NORTH DAKOTA legally procured. In any such proceedings the party holding the certificate of ^citizenship alleged to have been fraudently or illegally procured shall have sixty days personal notice in which to make answer to the petition of the United States, and if the holder of such certificate be absent from the United States or from the district in which he last had his residence, such notice shall be given by publication in the .manner provided for the service of summons by publications or upon absentees by the laws of the State or the place where such suit is brought. If any alien who shall have procured a certificate of citizenship under the provisions of this Act shall, within five years after the issuance ot such certificate, return to the country of his nativity, or go to any other- foreign country, and take permanent residence therein, it shall be con- sidered prima facie evidence of a lack of intention on the part of such alien to become a permanent citizen of the United States at the time of filing his application for citizenship, and, in the absence of countervailing evidence, it shall be sufficient in the proper proceeding to authorize the cancellation of his certificate of citizenship as fraudulent, aHd the diplo- matic and consular oflBcers of the United States in foreign countries shall from time to time, through the Department of State, furnish the Depart- ment of Justice with the names of those within their respective jurisdic- tions who have such certificates of citizenship and who have taken per- manent residence in the couijitry of their nativity, or in any other foreign country, and such statements, duly certified, shall be admissible in evi- dence in all courts in proceedings to cancel certificates of citizenship. Whenever any certificate of citizenship shall be set aside or cancelled, as herein provided, the court in which such judgment or decree is rendered shall make an order cancelling such certificate of citizenship and shall send a certified copy of such order to the Buteau of (Immigration and) Naturalization; and in case such certificate was not originally issued by the court making such order it shall direct the clerk of court to transmit a copy of such order and judgment to the court out of which such certificate of citizenship shall have been originally issued. And it shall thereupon be the duty of the clerk of the court receiving such certified copy of the order and judgment of the court to enter the same of record and to cancel such original certificate of citizenship upon the records and to notify the (Bureau of Immigration) and Naturalization of such cancellation. The provisions of this section shall apply not only to certificates of citizenship issued under the provisions of this Act, but to all certificates of citizenship which may have been issued heretofore by any court jBxercising jurisdiction in naturalization proceedings under prior laws. "(June 29, 1906, o. 3592, Sec. 15, 34 Stat. 601). Sec. 4373. Issuance of certificate of citizenship contrary to law — It is hereby made a felony for any clerk or other person to issue or be a i ELECTION LAWS OF THE UNITED STATES 79 party to the issuance of a certificate of citizenship contrary to the pro- visions of this Act, except upon a final order under the hnid of a court having jurisdiction to make such order, and upon conviction thereof such clerk or other person shiU be punished by imprisonment for not more than five years and by a fine of not more than five thousand doll irs, in discretion of the court. (June 29, 1906, c. 3592, Sec. 18, 34. Stat. 602.> Sec. 4376. Embezzlement of moneys received for naturalization pro- ceedings — Any clerk or other oflicer of a court having power under tlii^. Act to naturalize aliens, who wilfully neglects to render true accounts of moneys received by him for naturalization proceedings or who wil- fully neglects to pay over any balance of such mone;rs due to the I'liitpd States within thirty days after said payment shall become due and de- mand therefore has been made and refused, shall be deemed guilty of embezzlement of the public moneys, and shall be punishable by im- prisonment for not more than five years, or by a fine of not more than five thousand dollars, or both. (.June 29. 1906, c. 3592. Sec. 20, 34 Stat. 602.) Sec. 4377. Demand or receipt by clerk of fees or moneys other than those specified — It shall be unlawful for any clerk of any court or his authorized deputy or assistant exercising jurisdiction in naturalization proceedings, or to demand, charge, collect, or receive any other or addf^ tional fees or moneys in naturalization proceedings save the fees au^ moneys herein specified ; and a violation of any of the provisions of this section or any part thereof is hereby declared to be a misdemeanor and shall be punished by imprisonment for not more than two years, or by a fine of not more than one thousand dollars, or by both such fine and im- prisonment. (June 29, 1906. c. 3.592, Sec. 21, 34 Stat. 602.) Sec. 4378. False certifications by clerk — The clerk of any court fxer- cising jurisdiction in naturalization proceedings, or any person acting under authority of this Act. who shall knowingly certify tliat a petitioner. aflSant. or witness named in an affidavit, petition or certificate of citizen- ship, or other paper or writing, required to be executed under the pro- visions of this Act, personally appeared before him and was sworn tlierett), or acknowledged the execution thereof or signed the same, when In fact such petitioner, afliant, or witness did not personally app<»a/ before him. or was not sworn thereto, or did not execute the same, or did not acknow- ledge the execution thereof, shall be punished by a fiue not excoediiig iive thousand dollars, or by imprisonment, not to exceed five years. (.Tune 29. 1906, c. .3.592, Sec. 22. .34 Stat. 603.) Sec. 4379. Procuring naturalization illegally; aiding unauthorized proceedings; false testimony — Any person who knowingly procures natu- ralization in violation of the provisions of this Act shall be fined not more than five thousand dollars, or shall be imprisoned not more than five STATE OF NORTH DAKOTA years, or both, and upon conviction the court in which such conviction is had shall thereupon adjudge and declare the final order admitting such person to citizenship void. Jurisdiction is hereby conferred on the courts having jurisdiction of the trial of such offense to make such adjudication. Any person who knowingly aids, advises, or encourages any person not entitled thereto to apply for or to secure naturalization, or to file the preliminary papers declaring an intent to become a citizen of the United States, or who in any naturalization proceeding knowingly procures or gives false testimony as to any material fact, or who knowingly makes an afladavit false as to any material fact required to be proved in such proceeding, shall be fined not more than five thousand dollars, or im- prisoned not more than five years, or both. (June 29, 1906, c. 3592, Sec. 23, 34 Stat. 603.) Sec. 4380. Limitation of prosecutions for crimes — No person shall be prosecuted, tried, or punished for any crime arising under the provisions of this Act unless the indictment is found or the information is filed within five years next after the commission of such crime. (June 29, 1906, c. 3592, Sec. 24, 34 Stat. 603.) Sec. 4381. Repeal — ^Sections twenty-one hundred and sixty-five, twenty-one hundred and sixty-seven, twenty-one hundred and sixty-eight, twenty-one hundred and seventy-three, of the Revised Statutes of the United States of America, and section thirty-nine of chapter one thousand and twelve of the Statutes at Large of the United States of America for the year nineteen hundred and three, and all acts or parts of Acts in- consistent with or repugnant to the provisions of this Act are hereby repealed. (June 29, 1906. c. 3592, Sec. 26, 34 Stat. 603.) Sec. 4382. Forms — Substantially the following forms shall be used in the proceedings to which they relate : Declaration of Intention. (Invalid for all purposes seven years after the date hereof.) , ss. : I, , aged years, occcupation , do declare on oath (affirm) that my personal descrip- tion is : Color .., complexion , height , weight , color of hair , color of eyes , other visible distinctive marks ; I was born in , on the day of , Anno Domini ; I now reside at ; I emigrated to the United States of America from on the vessel ; my last foreign residence was , It is my bona fide intention to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly to — , of which I am now a citizen (subject) ; I arrived at the (port) of ELECTION LAWS OF THE UNITED STATES , in the State (Territory or the District of Colum- bia) of on or about the day of , Anno Domini ; I am not an anarchist ; I am not a polygamist nor a believer in the practice of polygamy ; and it is my intention in good faith to become a citizen of the United States of America and to per- manently reside therein. So help me God. (Original signature of declarant) Subscribed and sworn to (aflarmed) before me this day of , Anno Domini ( L. S. ) (Oflacial character of attestor.) Petition for Naturalization. Court of In the matter of the petition of to be admitted as a citizen of the United States of America. To the Court : The petition of respectfully shows : First: My full name is Second: My place of residence is number street, city of , State (Territory or the District of Columbia) of Third : My occupation is Fourth : I was born on the day of at Fifth: I emigrated to the United States from , on or about the day of , anno Domini , and arrived at the port of , in the United States, on the vessel Sixth: I declared my intention to become a citizen of the United States on the..... day of at , in the court of Seventh: I am married. My wife's name is She was born in and now resides at I have children, and the name, date, and place of birth and place of residence of each of said children is as follows: Eighth : I am not a disbeliever in or opposed to organized government or a member of or affiliated with any organization or body of persons teaching disbelief in organized government. I am not a polygamist nor a believer in the practice of polygamy. I am attached to the principles of the Constitution of the United States, and it is my intention to become a 82 STATE OF NORTH DAKOTA citizen of the United States and to renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sover- eignty, and particularly to , of which at this time I am a citizen (or subject), and it is my intention to reside permanently in the United States. Ninth: I am able to speak the English language. Tenth : I have resided continuously in the United States of America for a term of five years at least immediately preceding the date of this petition, to wit, since anno Domini , and in the State (District or the District of Columbia) of for one year at least next preceding the date of this petition, to wit, since day of anno Domini, Eleventh : I have not heretofore made petition for citizenship to any court. (I made petition for citizenship to the court of at , and the said petition was de- nied by the said court for the following reasons and causes, to-wit: , and the cause of such denial has since been cured or removed.) Attached hereto and made a part of this petition are my declaration of intention to become a citizen of the United States and the certificate from the Department of (Commerce and) Labor required by law. Where- fore your petitioner prays that he may be admitted a citizen of the United States of America. Dated:.-.. ( Signature of petitioner) , ss. : , being duly sworn, deposes and says that he is the petitioner in the above-entitled proceeding ; that he has read the foregoing petition and knows the contents thereof ; that the same is true of its own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true. Subscribed and sworn to before me this day of , anno Domini (L. S.) Clerk of the Court. Affidavit of Witnesses. Court of In the matter of the petition of to be ad- mitted a citizen of the United States of America. ., occupation, , residing at ELECTION LAWS OF THE UNITED STATES 83 , and - , occupation, residing at— , each being severally, duly, and respectively sworn, deposes and says that he is a citizen of the United States of Amer- ica ; that he has personally known , the petitioner above mentioned, to be a resident of the United States for a period of at least five years continuously immediately preceding the date of filing his petition, and of the State (Territory or the District of Co- lumbia) in which the above-entitled application is made for a period of years immediately preceding the date of filing his peti- tion; and that he has personal knowledge that the said petitioner is a person of good moral character, attached to the principles of the Consti- tution of the United States, and that he is in every way qualified, in his opinion, to be admitted as a citizen of the United States. Subscribed and sworn to before me this day of. nineteen hundred and (L. S.) (OflBcial character of attestor.) Certificate of Naturalization. Number Petition, volume , page Stub, volume , page ( Signature of holder) Description of holder : Age, ; height, : color. — ; complexion, ; color of eyes, ; color of hair, ; visible distinguishing marks, Name. age, and place of residence of wife, , , Names, ages, and place of residence of minor children, , Be it remembered, that at a term of the court of , held at on the day of , in the year of our Lord nineteen hundred and , , who previous to his (her) naturalization was a citizen or subject of , at present residing at number , street city (town) State (Territory or the District of Columbia), having appled to be admitted a citizen of the United States of America pursuant to law, and the court having found that the petitioner had re- sided continuously within the United States for at least five years and in this State for one year immediately preceding the date of the hearing of «4 STATE OF NORTH DAKOTA bis (her) petition, and that said petitioner intends to reside permanently in the United States, had in all respects complied with the law in relation thereto, and that he was entitled to be so admitted, it was thereupon ordered by the said court that he be admitted as a citizen of the United States of America. In testimony whereof the seal of said court is hereunto affixed on the day of , in the year of our Lord nineteen hun- dred and - , and of our independence the (L. S.) (Official character of attestor.) Stub of Certificate of Naturalization.) No. of certificate, Name, ; age, Declaration of intention, volume , page. Petition, volume. , page Name, age, and place of residence of wife, Names, ages, and places of residence of minor children, , Date of order, volume , page. (Signature of holder) (June 29, 1906, c. 3592, Sec. 27. 34 Stat. 603, amended, May 9, 1918, c. 69, Sec. 3, 40 Stat.) Sec. 4383. Regulations for execution of law; certified copies of papers as evidence — The Secretary of (Commerce and) Labor shall have power to make such rules and regulations as may be necessary for proi)erly car- rying into execution the various provisions of this Act. Certified copies of all papers, documents, certificates, and records required to be used, filed, recorded, or kept under any and all of the provisions of this Act shall be admitted in evidence equally with the originals in any and all proceedings under this Act and in all cases in which the originals thereof might be admissible as evidence. (June 29, 1906, c. 3592, Sec. 28, 34 Stat. 606.) Sec. 4384. Certificates failing to show compliance with requirements of law validated — Naturalization certificates issued after the Act approved March third, nineteen hundred and three, entitled "An Act to regulate the immigration of aliens into the United States," went into effect, which fail to show that the courts issuing said certificates complied with the require- ments of section thirty-nine, of said Act, but which were otherwise law- ELECTION LAWS OF THE UNITED STATES 8S fully issued, are hereby declared to be as valid as though said certificates complied with said section ; Provided, That in all such cases applications shall be made for new naturalization certificates, and when the same are granted, upon compliance with the provisions of said Act of nineteen hun- dred and three, they shall relate back to the defective certificates, and citizenship shall be deemed to have been perfected at the date of the de- fective certificate. (June 29, 1906, c. 3624, Sec. 1, 34 Stat. 630.) See. 2044b (Provided further, That a citizen or subject of a country neutral in the present war who has declared his intention to become a citizen of the United States shall be relieved from liability to military service upon his making a declaration, in accordance with such regulations as the Pres- ident may prescribe, withdrawing his intention to become a citizen of the United States, which shall operate and be held to cancel his declaration of intention to become an American citizen, and he shall forever be debarred" from becoming a citizen of the United States. (May 18, 1917, c. 15, Sec. 2, 40 Stat., amended July 9, 1918, c. 143, subchapter XII. Sec. 4, 40 Stat., and Aug. 31, 1918, c. 166 Sec. 1, 40 Stat.) Sec. 10242. (Crim. Code. Sec. 74) Forging certificates of citizen- ship — Whoever shall falsely make, forge, or counterfeit, or cause or pro- cure to be falsely made, forged, or counterfeited, or shall knowingly aid or assist in falsely making, forging, or counterfeiting any certificate of citizenship, with intent to use the same, or with the intent that the same may be used by some other person, shall be fined not more than ten thou- sand dollars, or imprisoned not more than ten years, or both. (June 29, 1906, c. 3592, Sec. 16, 34 Stat. 602. March 4, 1909, c. 321. Sec. 74. 35 Stat. 1102.) Sec. 10243. (Crim. Code. Sec. 75) Engraving counterfeit plates for eitizen^ip certificates; printing; distinctive paper — Whoever shall engrave, or cause or procure to be engraved, or assist in engraving, any plate in the likeness of any plate designed for the printing of a certificate of citizen- ship; or whoever shall sell any such plate, or shall bring into the United States from any foreign place any such plate, except under the direction of the Secretary of Commerce and Labor or other proper oflicer ; or who- ever shall have in his control, custody, or possession any metallic plate engraved after the similitude of any plate from which any such certificate has been printed, with intent to use or to suffer such plate to be use Whoever shall knowingly use any certificate of naturalization heretofore or which hereafter may be granted by any court, which has been or may be procured through fraud, or by false evidence, or which has been or may hereafter be issued by the clerk or any other oflScer of the court without any appearance and hearing of the applicant in court and without lawful authority ; or whoever, for any fraudulent purpose whatever, shall falsely represent himself to be a citizen of the United States without having been duly admitted to citizenship, shall be fined not more than one thousand dollars, or imprisoned not more than two years, or both. (R. S. Sec. 5428, March 4, 1909, c. 321, Sec. 79, 35 Stat. 1103.) Sec. 10248. (Crim. Code, Sec. 80.) Falsely swearing in naturaliza- tion cases — Whoever, in any proceeding under or by virtue of any law re- lating to the naturalization of aliens, shall knowingly swear falsely in any case where an oath is made or aflidavit taken, shall be fined not more than one thousand dollars and imprisoned not more than five years. (R. S. Sec. 5395, March 4, 1909, c. 321, Sec. 80, 35 Stat. 1103.) Sec. 10249. (Crim. Code, Sec. 81.) Provisions applicable to all courts of naturalization — The provisions of the five sections last preceding shall apply to all proceedings had or taken, or attempted to be had or taken, be- fore any court in which any proceeding for naturalization may be com- menced or attempted to be commenced, and whether such court was vested by law with jurisdiction in naturalization proceedings or not. (R. S. Sec. 5429. March 4, 1909, c. 321, Sec. 81, 35 Stat. 1103.) Sec. 10251. (Crim. Code, Sec. 83.) Coi*porations contributing for political elections — It shall be unlawful for any national bank, or any cor- poration organized by authority of any law of Congress, to make a money contribution in connection with any election to any political oflSce. It shall also be unlawful for any corporation whatever to make a money contribution in connection with any election at which Presidential or Vice- STATE OF NORTH DAKOTA Presidential electors or a Representative in Congress is to be voted for, or any election by any State legislature of a United States Senator. Every corporation which shall make any contribution in violation of the fore- going provisions shall be fined not more than five thousand dollars ; and every oflficer or director of any corporation who shall consent to any con- tribution by the corporation in violation of the foregoing provisions shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both. (Jan. 26, 1907, c. 420, 34 Stat. 864. March 4, 1909, c. 321, Sec. 83, 35 Stat. 1103.) Sec. 10251a. Bribery of voters at elections for Senators or Represen- tatives — Whoever shall promise, offer, or give, or cause to be promised, offered, or given, any money or other thing of value, or shall make or tender any contract, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value to any person, either to vote or withhold his vote or to vote for or against any candidate, or whoever solicits, accepts, or receives any money, or other thing of value in consideration of his vote for or against any candidate for Senator or Representative or Delegate in Congress at any primary or general or special election, shall be fined not more than $1,000, or im- prisoned not more than one year, or both. (Oct. 16, 1918, c. 187, 40 Stat.) ELECTION LAWS OF NORTH DAKOTA 89 ELECTION LAWS 9 % 12. WHO ARE THE PEOPLE. The people, as a political hoajr consist: 1. Of citizens who are electors. 2. Of citizens not electors. (R. C. 1905, § 10; R. C. 1895, | 10.) § 13. WHO ARE CITIZENS. The citizens of the state are: 1. All persons born in this state and residing within it, except the children of transient aliens and of alien public ministers and cons-uls ; 2. All persons born out of this state and who are citizens of the United States and residing within this state. (R. C. 1905, § 11 ; R. C. 1895, § 11.) Domicil of consul. 45 L. R. A. 587. As to similar provision in Cal. Pol. Code, par. 51, see People v. Washiacrtoii, 36 CaL 658; Lyons v. Cunningham, 66 Cal. 42, 4 Pac. 938. § 14. RESIDENCE, RULES FOR DETERMINING. Every person has in law a residence. In determining the place of residence tiie foUow- iag rules are to be observed : 1. It is the place where one remains when not called elsewhere for labor or other special or temporary puriwse, and to which he returuB in seasons of repose ; 2. There can be only one residence : 3. A residence cannot be lost until another is gained. 4. The residence of the father during his life, and after his death the residence of the mother, while she remains unmarried, is the residence of the unmarried minor children. 5. The residence of the husband is presumptively the residence of the wife ; 6. The residence of an unmarried minor who has a parent living can- not be changed by either his own act or that of his guardian; 7. The residence can be changed only by the union of act and intent. (R. C. 1905. § 12; R. C. 1895, § 12.) The place of one's residence for the purpose of voting is where he has his established home, the place where he is habitually present, and to which when he departs he intends to return, and must be determined from all the facts and 90 STATE OF NORTH DAKOTA circumstances, and the intentions must be accompanied by acts in harmony therewith. Nelson v. Gass, 27 N. D. 357, 146 N. W. 537. See 20 C. J., page 68, 9 R. C. L. 1030. See Gardner v. Bd. of Education, 5 Dak. 259; 38 N. W. 433. Domicil or residence when boundary Hne runs through dwelling. 10 L. R. A. (N. S.) 874. 1. Domicil, definitions of, and how ascertained. 59 Am. Dec. 111. As to similar provision in Cal. Pol. Code, par. 52, subd. 1, see Hanson v. Graham, 82 Cal. 631, 7 L. R. A. 127, 23 Pac. 56; Re Weed, 120 Cal. 634, S3 Pac. 30. 3. Gaining new domicil or residence before abandoning occupation of old residence, by purchasing or hiring property in new locality with intention of establishing permanent residence there. 33 L. R. A. (N. S.) 766. When does nonresidence of person intending to leave permanently begin for purpose of attachment or exemption. 1 L, R. A. (N. S.) 778. Is a domicil lost by abandonment without intention of returning, before acquiring a new one. 40 L. R. A. (N. S.) 986. As to similar provision in Cal. Pol. Code, par. 52, subd. 3, see Huston v. Anderson, 145 Cal. 320, 78 Pac. 626. 4. Domicil of minors. 89 Am. St. Rep. 278. Agreement by parent as to domicil of child. 27 L. R. A. 61. As to similar provision in Cal. Pol. Code, par. 52, subd. 4, see Re Vance, 92 Cal. 195, 28 Pac. 229; Luck v. Luck, 92 Cal. 653, 28 Pac. 787. 5. Domicil of married women. 84 Am. St. Rep. 27; 85 Am. St. Rep. 559. As to similar provision in Cal. Pol. Code, par. 52, subd. 5, see Moflfatt v, MoflFatt, 5 Cal. 280; Dow v. Gould & C. Silver Min. Co., 31 Cal. 629; First Nat. Bank v. Bruce, 94 Cal. IT, 29 Pac. 488. 7. Loss or change of domicil. 32 Am. Dec. 427, 48 Am. St. Rep. 711. Change of domicil as affected by removal for benefit of health. 9 L. R. A. er authorities of the state or any of its subdivisions from its respective treasurers to the State Treas- ury, who shall keep the same in a fund to be known as a "state bonding fund" and who shall issue quadruple receipts therefor, one to be filed in. his oflace, and one each, to the oflScial making such payment, the Commis- sioner and the State Auditor. The minimum premium for each public employee shall be $2.50 per year. Unless the term of office or employment shall be for a shorter period, payment shall be made for one year or for such longer terms as the Commissioner may prescribe. § 5. The state and each political subdivision, as the case msy be, shall be insured in said state bonding fund according to the provisions of this Act, automatically without issue of any bond or further action on the part of said Commissioner. The provisions of this Act and of any statute requiring a t)ond, shall constitute the bond of each and every public em- ployee for the purpose of any law of this state requiring such bond and shall constitute the entire contract between the state bonding fund and the state or its political subdivisions respectively as the obligee in any such bond. § 6. The condition of such bond shall be that such public employee, as principal, shall faithfully and impartially discharge and perform the duties of his said office or employment including such duties as are or may be imposed upon him by law, and shall render a true account of all moneys and property of every kind that shall come into his hands as such public employee, and pay over and deliver the same according to law. § 7. Immediately upon, and in no event later than sixty days after, the discovery of any default or wrongful act on the part of any public employee for which the state bonding fund is or may become liable, the State Auditor, county auditor, city auditor, villyge. township or school district clerk or the treasurer in case such officer is the auditor or clerk, and any other officer having supervision of such public employee slrill, and any person injured by such default or wrongful act mny. file with the Commissioner a claim against the State Bonding Fund. Such claim shill contain an abstract of the facts upon which it is based, and shall be verified by the claimant or by some one in his or its behalf. § 8. In case any public employee shall default or create a li ibility against said State Bonding Fund, the Commissioner shall notify the State Examiner who shall immediately check the accounts of such public employee and file a report with the Commissioner, stating the amount if any due from the State Bonding Fund. For such service he shall be paid out of the State Bonding Fund the same fees as he is paid for examining the accounts of county officers. ELECTION LAWS OF NORTH DAKOTA 103 § 9. All claims against the State Bonding Fund shall be audited by the board consisting of the Commissioner of Insurance, the State Examiner, and the Attorney General, and such persons are hereby created a board to audit all claims arising under this Act. Such board shall have authority to prescribe the forms upon which claim shall be presented^ and may administer oaths and examine witnesses in connection with claims presented to them. If the said board of audit shall find a claim of any part thereof to be a valid, just and proper charge against the said State Bonding Fund, they shall make and file an order to that effect^ stating the amount allowed upon such claim. A brief description of every claim filed against the State Bonding Fund shall be entered by the Com- missioner of Insurance in a register provided for that purpose, showing the name of the claimant, the amount, and' the character of the claim^ the action taken by the board of audit, and the date thereof. No action shall be maintained against the State Bonding Fund upon any claim whatever, until the claim has been first presented for allowance as hereinbefore provided, and allowance thereof refused ; provided, how- ever, that the neglect or refusal of the board of audit to act upon any claim for a period of sixty days after its presentation for allowance, shall be deemed a refusal of the claim. No action shall be maintained against the State Bonding Fund upon any claim unless such action is brought wthin one year after the filing of the claim with the Commissioner of Insurance. All claims and papers connected with claims shall be filed and remain on file with the Commissioner of Insurance; and all claims against the State Bonding Fund shall be paid upon warrants drawn by the Com- missioner of Insurance upon the State Treasurer ngiinst the State Bond- ing Fund. § 10. Any person or corporation injured by the default or wrong- ful act of any such public employee may sue such public employee and join the State Bonding Fund as co-defendant, v.nd in case judgment is obtained against such public employee, the judgment shrill further specify that such judgment shall be paid out of any funds on hand in the State Bonding Fund, or that m?iy thereafter accrue to such fund. In c se a judgment is paid out of the State Bonding Fund in nny such action, the State Bonding Fund shall be subrogated under the judgment to the right of the judgment creditor to recover against such public employee. In all proceedings to enforce such right of subrogation the Commissioner shall act for and in behalf of the State Bonding Fund, and may *xi any action or proceeding api)eal from any appealable order or from any judg- ment against said State Bonding Fund the same as is provided for other parties to civil actions. § 11. If at any time, the Commissioner shall be of the opinion that the interests of the State Bonding Fund are jeopardized by the misconduct 104 STATE OF NORTH DAKOTA or inefficiency of any public employee, be sball make or request tbe State Examiner to make an examination, and if necessary cause an action for an accounting to be instituted against sucb public employee for the pur- pose of requiring a complete disclosure of the business of the office of which such official is an incumbent. Such action shall be brought in the name of the Commissioner as plaintiff and the court may in such action interplead all parties concerned. If at any time the Commissioner deems it advisable, it shall be his duty to make a complaint to the Governor, requesting the Governor to institute an investigation with the purpose of removing from office any defaulting official or any official who so con- ducts the affairs of his office as to endanger the State Bonding Fund. § 12. The Commissioner may, after due investigation if in his judg- ment the interests of the State Bonding Fund requires such action, cancel the liability of the Bonding Fund for the acts of any public employee, to take effect thirty days after written notice of such cancellation. In such case the official whose insurance is cancelled may secure a bond executed either by private surety or by a duly authorized company. § 13. The Commissioner shall immediately notify the public em- ployee of such cancellation by registered mail, and the public employee shall have twenty days after the receipt of such notice within which to take an appeal from such decision of the commissioner to the district judge of the judicial district in which the public employee resides. The judge of said court shall hear such appeal at a day to be fixed by him not less than ten nor more than thirty days after the filing of the appeal with the clerk. The case shall be tried by the court without a jury. Notice of such appeal shall be served by the appellant upon the Commissioner. § 14. Any person elected or appointed to office may furnish in lieu of such insurance provided for in this act, a bond by personal sureties or by a surety company, but no officer or board of the state or of any county, city, town, village, school district or township shall have the right to pay for any such bond or bonds out of any public funds, except for such bonds as are procured to replace insurance cancelled by the Commissioner or to cover the excess over the amount carried in the State Bonding Fund. (1919, Ch. 158, § 1 to 14 inclusive.) § 663. AMOUNTS OF BONDS OF VARIOUS OFFICERS. The bond of each state officer required to give a bond, the amount of which is not otherwise provided by law, shall be in the penal sum of five thousand dollars ; of the county auditor, register of deeds and clerk of the district court in the penal sum of ten thousand dollars each, except in counties having a population of less than ten thousand inhabitants, in which counties smell bonds shall be in the penal sum of five thousand dollars each; of the state's attorney and county judge in the penal sum of two ELECTION LAWS OF NORTH DAKOTA 105 thousand dollars each ; of the county superintendent of schools, justices of the peace, constables and notaries public in the sum of five hundred dol- lars each. The bond of the sheriff, coroner and county treasurer shall each be in a penal sum to be fixed by the board of county commissioners, but that of the county treasurer shall not be in a less penal sum than four thousand dollars, except when the total amount of taxes to be collected by him in any year is less than two thousand dollars, then in double the amount of taxes to be collected. (R. C. 1905, § 404; 1879, ch. 6, §1; 1883, sub-ch. 1, ch. 112, § 38; 1887, ch. 161, § 1; 1890, ch. 132, § 31; R. C. 1899, § 343; Ch. 5, sec. 6. Pol. C. 1877.) Fund created by payments required by section 876, Oade 1905 (section 1377 herein) is public fund, and superintendent of public instruction is account- able under his bond for unexpended balance. State v. Stock well, 23 N. D. 70, 134 N. W. 767. § 664. OFFICIAL BONDS. Every person hereafter elected to the oflSce of treasurer of any county within the state of North Dakota is hereby required to give an oflBcial bond in a penal sum to be fixed by the board of county commissioners, which bond shall not be in a less i)enal sum than four thousand dollars, except when the total amount of taxes to be collected by him in any year is less than two thousand dollars, then in double the amount of taxes to be collected; but in no case shall the amount of such bond be less than two thousand dollars, and such bond shall be executed by some responsible surety or fidelity company, author- ized and qualified to do business within the state of N(H*th Dakota, and subject to approval as provided by law. The amount of the premium for such surety or fidelity bond shall be audited by the board of county commissioners, and paid out of the general fund of the county. (R. C. 1905, § 405; 1899, ch. 116; R. C. 1899, § 343a.) Courts must take judicial notice of surety business as conducted by surety companies where statute requires filing of bonds. State ex. rel. Dakota Trust Co. V. Stutsman, 24 N. D. 68, 139 N. W. 83. § 665. ADDITIONAL BOND MAY BE REQUIRED OF COUNTT TREASURER. The board of county commissioners may require the county treasurer to give additional sureties whenever in the opinion of the board the existing security shall have become insufficient; and such board is authorized and empowered to require from the county treasurer an additional bond as required by law with good and sufficient sureties in such sum as the board may direct, whenever in their opinion more money shall have passed or is about to pass into the hands of such treasurer than is or would be recovered by the penalty in the previoiis bond. (R. C. 1905, § 406 ; R. C. 1899, § 344.) § 666. FAILURE TO GIVE ADDITIONAL BOND. EFFECT. If any county treasurer shall fail or refuse to give such additional bond or sureties for ten days from and after the day on which such board shall 106 STATE OF NORTH DAKOTA require him so to do, his oflSce shall become vacant and another treasurer shall be appointed according to law. (R. C. 1906, § 407; R. C. 1899, § 345.) § 667. COUNTY COMMISSIONERS FURNISH BOND. Every per- son hereafter elected or appointed to the offices of county commissioner of any county within the state of North Dakota is hereby required to give to the county an official bond before entering upon the duties of his office, conditioned on the faithful performance and discharge of the official duties of his office, and to render a true, accurate and full account of all business transactions, powers and trusts of every kind and nature that shall come before him, or into his hands as such officer, according to law. Such bond shall include all the business of the county done by him and protect the county against all acts of omission as well as com- mission, including all errors caused by carelessness or inattention in office; such bond shall be executed by some responsible surety or fidelity company, authorized and qualified to do business in the state of North Dakota, and be subject to the approval of the state's attorney as to form, and subject to the approval of the state's attorney, county judge and clerk ol the district court as to the responsibility of the county issuing the same ; which said bond shall be in a penal sum of five thousand dollars, and the amount of the premium for such surety or fidelity bond shall be audited by the state's attorney, county judge and the clerk of the district court, and the said premium to be paid out of the general fund of the county. (1911, ch. 114, § 1.) § 668. CUMULATIVE. NO REPEAL. Nothing in section 067 con- tained shall in any manner be construed as repealing or, in any manner, altering any other act or part of acts heretofore adopted by the legislature of this state, but the remedies herein (section 067) provided shall be cumulative and in addition to all other remedies now existing in relation thereto. (1911, ch. 114, § 2.) § 669. FIDELITY BONDS. Whenever any county, township, city, village or school district officer hereafter elected, shall be required by law to give or furnish a bond for the faithful performance of his duties, such bond may be executed by some responsible persons acting as sureties, surety companies, fidelity insurance or bonding compmy, authorized and qualified to do business within the state of North Dakota, and approved by the Board of Commissioners, trustees, supervisors, council or directors charged with the approval of the same ; the premium for such bond shall be audited by such board and paid out of the general fund of the county, township, city or school district, as the case may be, for whose benefit the same is given. This section shall not affect the provision of Section 6(>4 relating to county treasurer, nor the furnishing of a personal bond by any officer as miy be provided for by any existing law; provided, how- ever,~that in cnse Chapter 62 of the Session Laws of North Dakota for the year 1915 shall become effective the provisions of this Act shall not ELECTION LAWS OF NORTH DAKOTA 107 be construed to conflict with the provisions thereof or as repealing said Chapter 62 of the Sessions Laws of 1915. (1917, ch. 174; R. C. 1905, sec. 408; 1903, ch. 127.) § 670. BONDS OF TOWNSHIP OFFICERS AND SCHOOL DIS- TRICT OFFICERS. It shall be the duty of each county auditor on or before the first day of March in each year to procure the proper blank bonds and send them to the clerk of each township and school district, and all such officers required by law to give bonds shall procure such: bonds from the proper clerk; and shall immediately after the execution and approval thereof hand the same to the clerk of the township, whose duty it shall be forthwith to file such bonds, except those of justices of the peace, with the coimty auditor, and the county auditor shall on re- ceipt thereof examine such bonds and see that they are properly executed and, if he finds that any bonds are not executed according to law. he shall note thereon any errors and return them to the clerk for correction, and it is hereby made the duty of tlie clerk to have such bonds corrected forthwith and return the same to the county auditor. The county auditor shall not issue any order upon the county treasurer for funds or money belonging to a civil township or school district to any j)erson as treasurer of such township or school district until his bond has been filed as in this section provided. (R. C. 1905, § 409; 1893, ch. 94. § 1 ; R. C. 1895. § 346.) § 671. TOWNSHIP CLERK TO REQUIRE OFFICERS ELECTED TO QUALIFY. It shall be the duty of the clerk of the township to re- quire all legally elected officers, who accept the office to which they are elected, to qualify within the time prescribed by law and in accordance with all other provisions thereof. If any clerk refuses or neglects to file the bonds of township officers as above provided, he shall be liable to a fine of not less than ten nor more th:!n fifty dollars. (R. C. 1905, § 410; 1893, ch. 94, § 2; R. C. 1899, § 347.) §673. SURETIES TO BOND. Each official bond sh ill be given with at least two sureties, but the bond of the state treasurer shall have at least four, and that of the county treasurer at least three sureties. (R. C. 1905, § 412; R. C. 1899, § 349; ch. 5, sec. 7. Pol. C. 1877.) Bonds of officers, irregularities in which do not release sureties. 90 Am. St. Rep. 188. § 674. GOVERNOR MAY REQUIRE ADDITIONAL BOND OF STATE OFFICERS. Whenever the governor shall deem the bond filed by any state officer insufficient, he may require another bond to be furnished with sufficient sureties, and for failure to give such bond within ten days after being so required such office shall be deemed vacant. (R. C. 1905. § 413: R. C. 1895, § 350.) § 675. APPROVAL OF BOND MUST BE SIGNED BY OFFICER STATE OF NORTH DAKOTA APPROVING. Tlie approval shall in all cases be indorsed upon the bond and signed by the officer approving the same; but in case the board of county commissioners or the chairman of the township board of super- visors shall decide that a bond presented to them is insufficient, a reason- able time, not exceeding five days, shall be allowed the officer to supply a suflScient bond, and such board or oflBcer may take three days to consider the approval of any bond. If such board or officer refuses or neglects to approve a bond of any county or township officer elect, he may upon three days' notice to such board or officer present the same to the judge of the district court, who shall, unless good cause for delay is shown, proceed to hear and determine the sufficiency of such bond, and may approve or dis- approve the same as the facts warrant. (R. C. 1905, § 414; R. C. 1899, § 351; ch. 5, § 8, Pol. C. 1877.) See State Bonding Act, ch. 158, S. L. 1919. One who takes no steps to have bond approved after commissioners have re- fused to approve, forfeits office. Chandler v. Hughes Co., 9 S. D. 24, 67 N. D. 946. § 676. BONDS MUST BE RECORDED. The bonds of all county officers shall immediately after the approval of the same be recorded at length in the office of the register of deeds of the county in a book to be provided for that purpose. When such bonds pre so recorded they shall be forthwith filed as provided in section 662. (R. C. 1905, § 415; 1885, ch. 120, § 1; R. C. 1899, § 352.) On proof of loss or original, record of bond admissible in evidence. Connor V. Corson, 13 S. D. 550, 83 N. W. 588. § 677. WHEN TERM OFFICE BEGINS. Except when otherwise specially provided, the regular term of office of each county, township and precinct officer, when elected for a full term, shall commence on the first Monday of January next succeeding his election, but, if the office to which he was elected was vacant at the time of his election, although he was not elected to fill such vacancy, he shall fortwith qualify and enter upon the duties of his office. (R. C. 1905, § 416; R. C. 1895, § 353; ch. 5, § 9, Pol. C. 1877. A register of deeds does not hold over his term. He is elected "every two years," and is usurping the office if he attempts to hold over if not legally elected. Territory v. Hauxhurst, 3 Dak. 216, 14 N. W. 432. See sec. 173 of the constitution. In the absence of any statute fixing a particular time the officer elect is entitled to the office and its emoluments as soon as the result of the election has been officially declared, and he has qualified as reqtiired by law. Territory V. Hand, 1 Dak. 419, 46 N. W. 685. § 678. WHEN OFFICERS SHALL QUALIFY. Except when other- wise specially provided, all state, district, county and precinct officers shall ELECTION LAWS OF NORTH DAKOTA 109 qualify on or before the first Monday of January next succeeding their election, or within ten days thereafter, and on said first Monday of January or within ten days thereafter, enter upon the discharge of the duties of their office, provided that county auditors shall qualify on or before the first Monday of April next succeeding their election or within- ten days thereafter, and on said first Monday of April or within ten days thereafter enter upon the discharge of the duties of their office, and pro- vided further, that county treasurers shall qualify on or before the first Monday of May next succeeding their election, or within ten days there- after, and on said first Monday of May or within ten days thereafter, enter upon the discharge of the duties of their office. (1911, ch. 197; R. C. 1905, § 417; R. C. 1899, § 354; 1905, ch. 140; ch. 5. § 10, Pol. C. 1877.) Applies to judges of the supreme court. State v. Robinson, 35 N. D. 417, 160 N. W. 514. § 679. FAILURE TO QUALIFY. VACANCY. If any person elected to any office mentioned in the preceding section shall fail to qualify and enter upon the duties of such office within the time fixed by law, such office shall be deemed vacant and shall be filled by appointment as pro- vided by law; but if there is a contest for such office, or if the person elected to such office is prevented or obstructed in any manner from enter- ing upon the duties thereof, the time above prescribed shall not govern, and he shall be allowed twenty days after the day such contest is de- termined or such obstruction removed in which to qualify. (R. C. 1905, S 418; R. C. 1899, § 355; ch. 5, § 11, Pol. C. 1877.) Refusal to qualify creates a vacancy and commissioners are authorized to fill by appointment, in office of county treasurer. Stutsman Co. v. Mansfield, 5 Dak. 78, 27 N. W. 304. Ineligibility not ground for commissioners to declare vacancy after qualifica- tion by state's attorney. Howard v. Bums, 14 S. D. 383, 85 N. W. 920. Vacancy in office by failure to file bond within time prescribed. 16 L. R. A. 140. § 680. BONDS CONSTRUED TO COVER ALL DUTIES. The bonds of all civil officers shall be construed to cover duties required by laws passed subsequent to giving them, and no bond shall be void for failure to comply with the laws as to matters of form or substance, but it shall be valid as to all matters contained therein, if it complies substantially with the law. (R. C. 1905, § 419; R. C. 1895, § 356; ch. 5, § 12, Pol. C, 1877.) Action on sheriff's bond brought in name of real party in interest. Guern- sey t. Tuthill, 12 S. D. 584, 82 N. W. 190; Hollister v. Hubbard, 11 S. D. 461, 78 N. W. 949. Bond involuntarily executed for greater amount than required by statute may be enforced in ftUl. State v. Taylor, 10 S. D. 182, 72 N. W. 407, 65 A. S. R. 707. 110 STATE OF NORTH DAKOTA County treasurer and bondsmen liable for loss of county funds by fire. Clay County v. Simonsen, 1 D. 387, 46 N. W. 592. Surety signing upon condition known to obligee, not liable thereon, unless condition performed. State t. Wclbcs, 12 S. D. 330, 81 N. W. 629. Sureties liable for money paid out by mistake. Custer County v. Tunley, 13 S. D. 7. 82 N. W. 84. Bond must be signed by principal, or sureties are not bound. Board of Ed. V. Sweeney, 1 S. D. 642, 48 N. W. 302, 36 A. S. R. 767. Bonds of officers, effect of adding further duties. 42 Am. Rep. 404. Liability of sureties on bonds aftef the expiration of term of office. 103 Am. St. Rep. 932. . Successive bonds, liability of sureties upon. 10 Am. St. Rep. 843. Sureties on bonds, acts for which liable. 91 Am. St. Rep. 497. Trespasses of principal, liability of sureties on bonds for. 78 Am. St. Rep. 420. Penalty as limit of liability on bonds of public officers generally. 55 L. R. A. 393. Condition in official bond against taking effect until signed by others. 45 L. R. A. 335. Effect of delivery of official bond unsigned by principal obligor. 12 L. R. A. (N. S.) 1108. Form of judgment on official bonds. 62 L. R. A. 448. Liability of surety in case of fraud of obligee. 21 L. R. A. 413. Exemption of homestead from liability on official bonds. 24 L. R. A. 790. Who is real party in interest by whom action on bond must be brought. 64 L.R. A. 607. May a bond of public official, intended as a statutory bond, but not binding as such, be enforced as common-law bond. 21 L. R. A. (N. S.) 766. Right of sureties who have made good a loss occasioned by their principal's default or misconduct, to be subrogated to the rights of the obligee or bene- ficiary of the bond against a third person. 14 L. R. A. (N. S.) 155. Right to interest on official bonds. 28 L. R. A. (N. S.) 11. Liability of bond of public officer for interest received on public money. 30 L. R. A. (N. S.) 855. Admissibility against sureties of statement by principal after expiration of term of office. 40 L. R. A. (N. S.) 662. Effect on surety of judgment against principal. 52 L. R. A. 165; 40 L. R. A. (N. S.) 704, 732. Suits on official bonds for trespasses or unauthorized acts of officer done colore officii. 21 L. R. A. 738. Liability on official bond for making arrest. 51 L. R. A, 222; 33 L. R. A. (N. S.) 275. Liability of sureties on the bond of a peace officer for latter's act in killing or injuring one person while attempting to execute criminal process against an- other. 29 L. R. A. (N. S.) 463. Liability of sureties on constable's bond for assault made in serving or executing civil writ or process. 8 L. R. A. (N. S.) 1223. Liability of bondsmen of peace officer for acts of latter in respect of property taken from prisoner. 37 L. R. A. (N. S.) 873. Liability of officer's bond for failure to return money deposited to avoid execution of writ. 39 L. R. A. (N. S.) 577. Liability on official bond for loss of money by theft or bank failure. 22 L. R. A. 449; 36 L. R. A. (N. S.) 285. Liability of a postmaster or his sureties for illegal acts done in accordance with directions of a superior officer. 24 L. R. A. (N. S.) 309. Liability of public officer to sureties of another public officer for losa sus- ELECTION LAWS OF NORTH DAKOTA 111 tained by them through former's' nfeglect to require proper settlement of ac- counts. 28 L. R. A. (N. S.) 115. Liability of tax officers or their bond for failure of tax purchaser's title on account of irregularities in procedure. 41 L. R. A. (N. S.) 967. Constitutionality of statute releasing public oflBcer or his surety from liability for loss of public fund. 41 L. R. A. (N. S.) 97. Liability of sureties on bond of public office for default of principal daring prior term. 23 L. R. A. (N. S.) 131. Extension of liability on official bond while officer is holding orer after ex- piration of regular term. 35 L. R. A. 88. Extensions of time to principal by legislature, when releases their luretie*. 45 Am. Rep. 406. § 681. RE-ELECTED INCUMBENT TO ACCOUNT BEFORE QUALIFYING. When the incumbent of any ofl&ce is re-elected he shall qualify as above required; but his bond shall not be approved until he has produced and fully accounted for all public funds and property in his control under color of his oflSce during the expiring term to the person or authority to whom he should account, and the fact and date of such satisfactory exhibit shall be indorsed upon the new bond before its ap- proval. (R. C. 1905, § 420; R. C. 1899, § 357; ch. 5, § 13, Pol. C. 1877.) Superintendent of public instruction is bound to pay into state treasury tin- expended balance of examining fees at expiration of each term of office. State V. Stockwell, 23 N. D. 70, 134 N. W. 767. § 682. PUBLIC PROPERTY MUST BE DELIVERED TO SUC- CESSOR. Every officer elected or appointed under the laws of this state shall on going out of office deliver to his successors in office all public moneys, books, records, accounts, papers, documents and property in his possession belonging or appertaining to such office. R. C. 1905, § 421 ; R. C. 1899, § 358; ch. 5, sec. 14, Pol. C. 1877.) See Kukowski v. Emerson -Brantingham Imp!. Co., ....N. D , 175 N. W. 706. Superintendent of public instruction is bound to pay into state treasury un- expended balance of examining fees at expiration of each terra of office. State V. Stockwell, 23 N. D. 70, 134 N. W. 767. It is the duty of every public officer, at the expiration of his official relation, to surrender to his successor the property and insignia of the office which the law commits to his custody. This duty is ministerial only, and its performance is enforceable by mandamus. State v. McDonald, 41 N. D. 389, 170 N. W. 873. Mandamus to compel surrender of office. 31 L. R. A. 343. Mandamus to compel one usurping office to turn over papers. 35 L. R. A, (N. S.) 528. ARTICLE 2.— VACANCIES AND SUPPLYING THE SAME. §683. VACANCIES. HOW CAUSED, Every office shall become vacant on the happening of either of the following events: 1. Death of the incumbent. 2. His insanity judically determined. 112 STATE OF NORTH DAKOTA 3. His resignation. 4. His removal from oflSce. 5. His failure to discharge the duties of his oflSce, when such failure has continued for sixty consecutive days, except when prevented from dis- charging such duties by sickness or other unavoidable cause. 6. His failure to qualify as provided by law. 7. His ceasing to be a resident of the state, district, county or town- ship in which the duties of his office are to be discharged, or for which he may have been elected. 8. His conviction of a felony or of any offense involving moral turp- itude or a violation of his oflScial oath. 9. His ceasing to possess any of the qualifications of office prescribed by law. 10. The decision of a competent tribunal declaring void his election or appointment. (R. C. 1905, § 422; R. C. 1895, § 359; ch. 22, § 2, Pol. 0. 1877.) Board of Regents, State v. Crawford, 36 N. D. 385, 162 N. W. 725. State V. Scow, 38 N. D. 246, 164 N. W. 939. M. having been re-elected county treasurer and declined to qualify held that a racancy occurred which it was the duty of the board of county commissioners to fill. Stutsman Co. v. Mansfield, 5 Dak. 78, 11 N. W. 304. See sec. 173 of the constitution. See opinions of the Attorney General, No. 15. 1. Vacancy in office by death of person elected thereto before beginning of his term. 14 L. R. A. 858. 6, Vacancy in office by failure to file bond within the time prescribed. 16 L. R. A. 140. 7. County commissioner will not lose office by moving to another district in county. Gray v. Beadle County, 21 S. D. 97, 110 N. W. 16. Office of sheriff becomes vacant in part of county which is segregated from that portion in which he resides. Holtan v. Beck, 20 N. D. 5, 125 N. W. 1048. One who was former incumbent of office cannot be de facto officer, upon his removal from state. Chandler v. Starling, 19 N. D. 144, 121 N. W. 198. Treasurer of school district appointed to fill vacancy caused by removal of incumbent from state, ceased to have right to hold office, upon election and qualification of person to fill vacancy of original incumbent. State ex rel. Alex- ander V. Biggins, 28 S. D. 41, 132 N. W. 677. Constitutionality of statute making residence with the district a qualification of a public officer. 32 L. R. A. (N. S.) 835. RESIGNATIONS. § 684. RESIGNATIONS, TO WHOM MADE. Resignations must be in writing and made as follows : 1. Of the governr and lieutenant governor, to the legislative assem- bly if it is in session, and if not, to the secretary of state. 2. Of all other state and district oflBcers, to the governor. ELECTION LAWS OF NORTH DAKOTA 113 3. Of all members of the legislative assembly, to the presiding oflBcer of their branches respectively, when in session; and when not in session, to the governor; and when made to the presiding oflBcer he shall at once notify the governor thereof. 4. Of all the oflScers of the legislative assembly, to the respective branches thereof. 5. Of all elective county officers, by filing or depositing such resigna- tion in the office of the county auditor, except that of the county auditor, which shall be filed and deposited with the board of county commissioners, which resignation, unless a different time is fixed therein, shall take effect upon such filing or deposit 6. Of officers of civil townships, to the board of supervisors of the township, except the members of such board, which shall be to the town- ship clerk; and notice shall forthwith be given by the township clerk to the county auditor of the resignation of all officers whose bonds are filed with such officer. 7. Of all officers holding their office by appointment, to the body, board, court or officer that appointed them. (R. C. 1905, § 423; 1881, ch. 137, § 1; R. C. 1895, § 360; ch. 22, § 1, Pol. 0. 1877.) See State ex rel Jackson v. Kerkow, 31 S. D. 494, 141 N. W. 387. Resignation, effect of and right to resign. 36 Am. St. Rep. 524. Necessity of an acceptance to complete resignation of an office. 23 L. R. A. -681; 12 L. R. A. (N. S.) 1010. Right to repudiate or withdraw resignation of office. 16 L. R. A. (N. S.) 1058. Liability on official bond after resignation of office. 35 L. R. A. 93. § 695. PROPERTY DELIVERED TO SUCCESSOR. Upon the death, resignation, suspension or removal from office of any officer all books and papers belonging to his office and all moneys and property in his hands of whatever kind shall be delivered to his successor. (R. C. 1905, § 427; R. C. 1899, § 364.) FILLING VACANCIES. § 696. VACANCIES. HOW FILLED. All vacancies, except in the office of a member of the legislative assembly, shall be filled by appoint- ment as follows : 1. In the office of states attorney in which a vacancy has occurred, by reason of removal under Section 685 of the Compiled Laws of North Dakota for the year 1913, by the board of County Commissioners by and with the advice and consent of the Governor. 2. In county and precinct offices by the board of county commissioners, except vacancies in such board. 3. In offices of civil townships, by the justices of the peace of such township, together with the board of supervisors or a majority of them, 114 STATE OF NORTH DAKOTA and if a vacancy occurs from any cause in the board of supervisors, the remaining member of the board shall fill such vacancy. 4. In state and district offices by the governor. (1917, ch. 249, R. C. 1905, § 428, R. C. 1895, § 365.) County commissioners may fill vacancy occurring when county treasurer ii re-elected and refuses to qualify. Stutsman County v. Mansfield, S D. 78, 27 N. W. 304. Circuit judge appointed to fill vacancy holds for unexpired term. State v. Gardner, 3 S. D. 553, 54 N. W. 606. "Next general election" means next general election at which office may be legally filled; supreme judge appointed holds for unexpired term. In re Supreme Court Vacancy, 4 S. D. 532; 57 N. W. 495. Appointment by county commissioners to fill vacancy in office of sheriff must be in writing, and by formal action of board. Holtan v. Beck, 20 N. D. 5, 125 N. W. 1048. Right of governor or president to make an ad interim appointment to an of- fice whose fixed term expires before the senate's adjournment, where the in- cumbent is authorized to hold over until successor is appointed. 46 L, R. A. (N. S.) 1202. § 697. VACANCIES IN BOARD OF COUNTY COMMISSIONERS, HOW FILLED. When a vacancy occurs in the board of county com- missioners, it shall be the duty of the remaining members of the board, with the county judge and auditor, immediately to appoint some suit- able person to fill such vacancy from the district in which such vacancy occurred. In case a majority of such oflBcers fail to agree upon a person to fill such vacancy the county treasurer shall be called in an act as an additional member of such board, to fill such vacancy. The appointee shall hold office until his successor is elected at the next general election and qualified. (1907, ch. 66; R. C. 1905, § 429; 1885, ch. 148, § 1 ; R. C. 1899, § 366.) County treasurer refusing to qualify, commissioners may fill vacancy, Stuts- man Co. V. Mansfield, 5 Dak. 78, Z7 N. W. 304. Where number of county commissioners has been increased by vote of county as provided by law, vacancy arises in office of county commissioner of each of new districts. State ex rel. Atty.-Gen. v. Davies, 23 N, D. 334, 136 N, W. 955. § 698. BRIEF VACANCIES, NOT TO BE FILLED. If a vacancy occurs thirty days previous to an election at which it may be filled, no appointment shall be made unless it is necessary to carry out such election and the canvass of the same according to law; in which case an appoint- ment may be made at any time previous to such election to hold until after such election or until his successor is elected and qualified. (R. C. 1905, § 430; R. C. 1899, § 367.) § 699. APPOINTMENTS TO BE MADE IN WRITING. TERM. Appointments under the provisions of this article shall be made in writing and shall continue in force until the expiration of the term in which the vacancy occurs and until his successor is elected and qualified, except as ELECTION LAWS OF NORTH DAKOTA IW Otherwise expressly provided by law. (R. C. 1905, § 431; R. C. 1899, S 368.) Appointment by county commissioner to fill vacancy in office of sheriff must be in writing, and by formal action of board. Holtan v. Beck, 20 N. D. 5, 125 N. W. 1048. One appointed to fill vacancy, where incumbent died after being re-elected before expiration of the term, holds office until next general election. State ex rel. Hellier v. Vincent, 20 S. D. 90, 104 N. W. 914. Appointment of district judge holds for unexpired term. Supreme judge to next general election. State v. Gardner, 3 S. D. 553, 54 N. W. 606; Sec. 98, N. D. Const. "Next general election" defined. In re Supreme Court, 4 S. D. 532, 57 N. W. 495. First and last days in computing time. 49 L. R. A. 244. § 700. APPOINTEES, HOW TO QUALIFY. A person appointed to office as herein provided shall qualify within the time and in the manner required of a person elected or appointed to such office for a full term thereof. (R. C. 1905, § 432; R. C. 1895, § 369.) § 706. OFFICES, WHERE KEPT. No county, township or munici- pal officer in this state shall keep his office or any books, papers, records or other property pertaining to his office at any place other than that in which he is required by law to keep such office. (R. C. 1905, § 438 ; 1883, ch. 90, § 1 ; R. C. 1895, § 375.) Mandamus to compel holding of offices at county seat. State v. Langlie, 5 N. D. 594, 67 N. W. 958. Office which county officer is required by statute to maintain must be at county seat. State v. Porter, 15 S. D. 387, 89 N. W. 1012. Granting of temporary injunction restraining county officers from removing their offices pending determination of contest of election in relation thereto, was not abuse of discretion. Shaw v. Circuit Ct., 27 S. D. 49, 129 N. W. 907. § 707. PENALTY FOR VIOLATION OF LAST SECTION. Any officer violating any of the provisions of the last section is guilty of a misdemeanor. (R. C. 1905, § 439; 1883, ch. 90, § 2 ; R. C. 1895, § 376.) CHAPTER n. ELECTIONS. ARTICLE 1. PRIMARY ELECTIONS, §§ 851-898. 2. REGULATING CAUCUSES AND NOMINATIONS FOR OFFICE WHERE PRIMARY ELECTION PROVISIONS DO NOT APPLY, §§ 899-901. 3. NONPARTISAN NOMINATION AND ELECTION OF 116 STATE OF NORTH DAKOTA MUNICIPAL OFFICERS, §§ 902-903. 6. PRIMARY ELECTION OF NATIONAL DELEGATES, §§ 910-916. 7. GOVERNING PARTY REGISTRATION, §§ 917-919. 8. PUBLICATION OF CANDIDATES' NAMES BEFORE PRIMARY ELECTION, §§ 920-922. 9. ELECTION PRIVILEGES, §§ 923-944. 10. GENERAL PROVISIONS, §§ 945-949. 11. ELECTION PRECINCTS, § 950. 12. ELECTION OFFICERS AND THEIR DUTIES, §§ 951- 956. 13. ELECTION SUPPLIES, §§ 957-980. 14. NOTICE OF ELECTION, §§ 981-982. 15. CONDUCT OF ELECTIONS, §§ 983-991. 16. ABSENT VOTERS, §§ 992-1004. 17. CANVASS OF RETURNS, §§ 1005-1032. 18. RESIGNATIONS AND VACANCIES, §§ 1033-1036. 19. PRESIDENTIAL ELECTORS, §§ 1037-1038. 20. MISCELLANEOUS PROVISIONS, §§ 1039-1045. 21. CONTESTING ELECTIONS, §§ 1046-1058. 22. CONTEST OF ELECTION OF PRESIDENTIAL ELEC- TORS, §§ 1059-1069. 23. CONTEST OF LEGISLATIVE ELECTIONS, §§ 1070-1089. 24. REGISTRATION OF VOTERS, §§ 1090-1104. ARTICLE 1.— PRIMARY ELECTIONS. § 851. INTENT OF ARTICLE. It is the intention of this article to reform the methods by which political parties shall make nominations of candidates for all public oflBces by popular vote. It shall be liberally con- strued so that the real will of the electors may not be defeated by any informality or failure to comply with all provisions of law in respect to either giving of any notice or the conducting of the primary or certify ELECTION LAWS OF NORTH DAKOTA 117 the results thereof. (1907, ch. 109, § 1; R. C. 1905, § 551; 1905, ch. 109, { 1.) Primary election law provides for party nominations by popular vote of elec- tors of parties entitled to use election machinery provided. State ex rel. Miller V. Flaherty, 23 N. D. 313, 41 L. R. A. (N. S.) 132, 136 N. W. 76. Primary election law must be reasonable, tmiform in operation, and must bear with substantial equality upon all parties and candidates. State ex reU Dorvan v. Hamilton, 20 N. D. 592, 129 N. W. 916. See Fuerst v. Semmler, 28 N. D. 416, 149 N. W. 115. Constitutionality of primary election laws. 22 L. R. A. (N. S.) 1136; 41 L. R. A. (N. S.) 132. "Primary elections" as elections, within constitution or statute relating to elections generally. 18 L. R. A. (N. S.) 412. § 852. HELD, WHEN. WHAT OFFICE, FOR. On the last Wedr nesday in June of every year in which occurs a general election there shall be held, in lieu of party caucuses and conventions, a primary elec- tion in the various voting precincts of this state, for the nomination of candidates for the following oflSces to be voted for at the ensuing general election, viz: Members of Congress, state oflScers, county officers, district assessors and the following officers on the years of their regular election, viz: Judges of the supreme and district courts, members of the legisla- tive assembly, county commissioners, United States senators. For special elections for the officers enumerated herein the nominations shall be made as otherwise provided by law. (1915, ch. 150; 1907, ch. 109, § 2 ; R. C. 1905, § 552; 1905, ch. 109, § 2.) Primary election of national delegates and presidential electors, see sections 910-916. See note on validity of primary election laws, Ann. Cas. 1916 B. 594, also 9 R. C. L. 1072, 5 Ann. Cas. 568. Nomination of presidential electors, 43 L. R. A. (N. S.) 287. § 853. PETITION REQUIRED. FEES FOR FILING. AFFIDA- VIT OF CANDIDATES. Every candidate for United States senator, member of congress, state officers, (judge of the supreme and district courts,) shall not more than sixty days nor less than thirty days prior to said primary election, present to the secretary of state a petition giving^ his name, post office address, the title of the office to which he aspires and the party which he represents, containing the names of 3 per cent of the to'-U vote cast for the candidate of the party with which he affili- ates, for the same position at the last general election ; provided, how- ever, that in no case shall more than three hundred names be required. Each name on the petition shall be that of a legal voter and be subscribed under a certified party heading. Upon receipt by the secretary of state of such petition (and the pay- ment to him of an amount equal to 1 per cent of the annual salary 6t the office to which he aspires, and when accompanied by the following- affidavit) he shall place the applicant's name upon the primary election 118 STATE OF NORTH DAKOTA ballot in the columns of his party as hereinafter provided; (provided, however, that no fee shall be required of candidates for United States senator.) Said affidavit may be substantially as follows: State of North Dakota, \ ss. County of I, , being duly sworn, depose and say that I reside in the county of and state of North Dakota ; that I am a qualified voter therein and a ; that i am a candidate for nomination to the office of to be chosen at the primary election to be held on the , 19 , and I do hereby re- quest that my name be printed upon the primary election ballot as pro- vided by law, as a candidate of the party for said office. Subscribed and sworn to before me, this day of 19 Notary Public, North Dakota. The fees designated in this section to be paid to the secretary of state shall be turned over by him to the state treasurer to be covered into the general fund. (1907, ch. 109, § 3; R. C. 1905, § 553; 1905, ch. 109, § 3.) See Chapter 117, Session Laws 1909. See Opinions of the Attorney General, Nos. 16 to 23 inclusive. Fee provision unconstitutional, see note to 854. Affidavit provision unconstitutional, see note to 854 Question of genuineness of signatures or qualifications of signers not to be raised by the secretary of state. State v. Blaisdell, 17 N. D. 575, 118 N. W. 225. Petition of a candidate for United States senator must specify term of office where there are two vacancies to be filled. State v. Blaisdell, 34 N D 321 159 N. W. 401. ' Failure of at least twenty electors to add address to signatures renders nominating petition insufficient. Harris v. King, 21 S. D. 47, 109 N. W. 644. (The provision in section 853, requiring candidates to file affidavit re- citing that he is a qualified elector and a candidate for nomination, held unconstitutional in State v. Blaisdell, 18 N. D. 55, apparently assumed to be in effect in State v. Blaisdell, 34 N. D. 325, re-enacted in ch. 150 S. L. 1915, apparently held invalid in State v. Hall, N. D , 176 N. W. 920, the court therein holding that a candidate for delegate to a national convention need not be an elector. See section 910. Querry, is a candidate required to file affidavit? Ed.) § 854. COUNTY AND LEGISLATIVE CANDIDATES. PETITION, PILING FEE. Every candidate for a county or district office shall, not more than forty days nor less than thirty days, and before four o'clock P. M. of the thirtieth day prior to any primary election, present to the ELECTION LAWS OF NORTH DAKOTA 119 County Auditor a petition giving his name, post oflBce address, the title of the office to which he aspires and the party which he represents, con- taining the names of five per cent, of the total vote cast for the can- didate of the party which he represents, for the same position at the last general election; such names to be procured from at least one-fifth of the precincts of his district ; provided, however, that in no case shall there be more than two hundred names. Each name on the petition shall be that of a qualified voter and be subscribed under a party heading. Each signer of a nomination paper shall sign but one such paper for the same office ; he shall add his resi- dence with the street number, if any, and the date of signing. Upon the receipt of such petition by the County Auditor and the payment to him of the filing fee of three dollars ($3.00), excepting candidates for County Commissioners, District Assessors, Surveyors, Coroner, County Constables and County Justices of the Peace, who shall pay no filing fee and when accompanied by an affidavit as provided in Section 853 relating to peti- tions required, fees and filing affidavit of candidate, such County Auditor shall place the name of such applicant upon the primary election ballot in the columns of his party as hereinbefore provided. When a legislative district is composed of more than one county, the petition herein provided for shall be filed with the County Auditor of the county where the candidate resides, and such County Auditor shall certify to the County Auditors of other counties comprising such legislative dis- tricts the names of the candidates filing such petitions. The filing fees received as above by the County Auditor shall be turned over by him to the County Treasurer to be covered into the general fund. (1915, ch. 150; 1911, ch. 213, § 4: 1907, ch. 109, § 4; R. C. 1905, § 554; 1905, ch. 109, § 4.) See Chapter 117, Session Laws 1919. See Opinions of AttX)rney General, Nos. 16 to 23 inclusive. The fees required of candidates for nomination for county office by sec. 4, ch. 109, Laws of 1907, being 1% of the salary, and the amount thereof bearing no relation to the services performed by the auditor, such requirement is in- valid. It is also invalid for the reason that it attaches a qualification to can- didates for office, and to voters, not permitted by the Constitution. Johnson v. Grand Forks Co., 22 N. D. 613, 135 N. W. 179 following on this point Johnson v. Grand Forks Co., 16 N. D. 363, 125 Am. St. Rep. 662, 113 N. W. 1071. Said act (sec. 3 and 4) provides that candidates for members of the legisla- ture shall take and subscribe a certain oath to the effect among other things that they are candidates for nomination to such office, and designating the polit- icial party with which they affiliate. And the act also provides that the petitions of all such candidates shall contain a pledge to the people that they will support the party candidate for United States senator. Held that such pledge violates sec. 211 of the Constitution in that it adds another oath, declaration and test as a qualification for office. State v. Blaisdell, 18 N. D. SS, 24 L. R. A. (N. S.) 465, 118 N. W. 141. See also State v. Hall, ....N. D , 176 N. W. 920, Har- rington V. Vaughn Mich , 179 N. W. 283, State v. Blaisdell, 34 N. D. 325, 159 N. W. 401. 120 STATE OF NORTH DAKOTA Petition must be filed 30 days before election. The fact that 30th day falls on Sunday will not change this rule. State v. Burnham, 20 N. D. 405, 127 N. W. 504, following State v. Falley, 9 N. D. 464, 83 N. W. 913 but see State v. Hall, ....N. D 176 N. W. 117. "Primary election" is "election" within meaning of section 121 of constitu- tion. Johnson v. Grand Forks County, 16 N. D. 363, 125 Am. St. Rep. 662, 113 N. W. 1071. § 855. NAMES ON PRIMARY BALLOT. HOW SECURED. VA- CANCIES, BLOW FILLED. Applications to have a name placed on the primary election ballots for nomination may be made by five qualified elec- tors for any oflBce designatpd in this article, by presenting the petition required in sections 853 or 854 to the proper official, and paying the amount required, accompanied by the following affidavit: "State of North Dakota, 1 County of. I, A B C D and E being duly sworn, each for himself, de- poses and says that he is a qualified voter in the State of North Dakota, and that he hereby makes application to have the name of printed on the primary election ballot of the party for the office of , to be voted for at the primary election to be held on the day of - 19 ; that said is, to the best of his knowledge, information and belief, a and a qualified voter and eligible to hold the office of under the constitution. "Subscribed and sworn to before me this day of. 19 Notary Public, North Dakota. When such application is received by the proper office, accompanied by the necessary fee, as required in sections 853 and 954 of this article, he shall place the name on the primary election ballot as a candidate of the party named in said petition; provided, that such affidavit and petition shall not be filed without the written consent of such person to be nominated endorsed thereon ; and provided, further, that when the time has expired at which a petition may be filed, and a vacancy exists in the primary election ballot of any political party by reason of no petition having been filed for such nomination, then and in that case the same may be filed by affidavit and petition as provided in this section, on the payment of one-half of the usual fee, and such affidavit and petition must be filed with the proper officers at least twonty-five days before the ELECTION LAWS OF NORTH DAKOTA 121 primary election; and provided, further, that no petition shall be cir- culated or signed more than ninety days previous to the time when any petition is required to be filed as herein provided for, and any signatures to a petition secured prior to ninety days shall not be counted. (1913„ ch. 223; 1907, ch. 109, § 5.) See Opinions of the Attorney General, Nos. 24 and 25. § 856. FORM OF PETITION. The petitions required in sections 853, 854 and 855 of this act may be one continuous list of names under the proper political title or principle, or there may be a number of such peti- tions using the same title, giving the aggregate of names required. (1907. ch. 109, § 6; R. C. 1905, § 556; 1905, ch. 109, § 5.) NON-PARTISAN ELECTIONS. § 1. NO PARTY PRIMARY PETITION. In all petitions and affi- davits to be filed by or in behalf of candidates for nomihation in the primary election to all elective county ofl3ces, the oflice of Judge of the Supreme and District Courts, and the office of State Superintendent of Public Instruction and County Superintendent of Schools, no reference shall be made to a party ballot, or to the party affiliation of such candidates. § 2. SEPARATE NONPARTISAN PRIMARY BALLOTS. At all primary elections there shall be separate ballots which ballots shall be entitled ''Nonpartisan Primary Ballot," and the names of all candidates for any of the said offices shall be placed thereon without party designa- tion, and there shall be designated thereon the number of persons each elector is entitled to vote for on each office which shall be the number to be elected to such office at the next succeeding general election. § 3. The names of aspirants for nomination to each office shall be arranged in separate groups in their order, leaving one or more blank lines or spaces below each group of names on which may be written or placed a name or a printed sticker to express the vote of the individual elector. Such ballot shall be delivered to each elector by the proper elec- tion officer and no declaration of the party affiliation or registration of such party affiliation shall be required. § 4. PERSONS NOMINATED. The candidate or candidates re ceiving the highest number of votes to the extent of double the number of those to be elected to any office, provided there are that many or more candidates running, shall be duly nominated thereto. No partisan nominations shall be made for any of the aforementioned offices. § 5. NONPARTISAN BALLOT AT GENERAL ELECTION. At the General Election there shall likewise be a separate ballot upon which shall be placed thfe names of all candidates who have been nominated as here- inbefore provided, which ballot shall be entitled "Nonpartisan Ballot." Such ballot shall otherwise be in the same form as hereinbefore speci- 122 STATE OF NORTH DAKOTA fied for the Nonpartisan Primary Ballot. This ballot shall be delivered to each elector. And the candidate, or candidates to the number to be elected for each oflfice receiving the highest number of votes shall be duly elected to such office. § 6. PRESENT LAWS CONTROLLING. Except as herein provided such ballot shall be prepared, printed, distributed, canvassed and returned in the manner now provided for primary election and general election ballots respectively. § 7. All other Acts or parts of Acts which are in conflict with the provisions hereof are hereby repealed. (Chapter 117, S. L. 1919.) See Opinions of the Attorney General, Nos. 26, 27, 28, Where, pursuant to ch. 117, S. L. 1919, candidates for a county office have been selected upon a nonpartisan ballot at a primary election, section 501 R. C. 1899 (section 971 A. C. L. 1913) has no application, and certificates of nomination of a person as a candidate for such county office to be voted on at a general elec- tion were properly refused by the county auditor. State v. Hughes, ...N. D 179 N. W. 717. See to same effect. State v. Penrod Nebr 169 N. W. 266. § 857. NOMINATIONS BY STICKERS. A candidate may be nom- inated by having his name written on or by printed stickers placed over the name or in a blank line left for that purpose underneath the group in each official position : but not more than one name shall be written or printed on any such stickers. (1907, ch. 109, § 7; R. C. 1905, § 557; 1905, ch. 109, § 6.) § 858. ELIGIBILITY OF CANDIDATES. All persons nominated in accordance with the provisions of this article shall be eligible as can- didates to be voted for at the ensuing general election. (1907. ch. 109, § 8; R. C. 1905, § 564; 1905, ch. 109, § 9.) § 859. BALLOTS, FORM OF; DUTIES OF .JUDGES AND IN- SPECTORS. The primary election and primary election ballot shall be provided for, arranged and conducted, and all expenses paid as now pro- vided by law for general elections, except as otherwise provided for in this article. There shall be separate ballots for each party or principle, and they all shall be of the same size, texture and color, except sample ballots, which shall be printed on tinted paper. The ballot shall be entitled, "Primary Election Ballot." The names of all aspirants for nomination of each political party or principle for the different offices shall be arranged in separate groups in their order, on separate ballots under a proper political designation, leaving one or more blank lines or spaces below each group of names on • ELECTION LAWS OF NORTH DAKOTA 123 which may be written or placed a name or a printed sticker attached for the nomination of the committee (candidate). No squares shall be left at the head of the ballot. At the head of each ballot shall be placed the title of the political party or principle that it represents. At the left of each group shall be placed the title of the office, fol- lowed by a bracket, indicating the number of names in such group. Above each group there shall be a space, in which shall be printed the number of names in that group to be voted for as follows: "Vote for name (on (or) names) only." Immediately above the names of the candidates to be voted for shall be printed the following : "To vote for a person whose name is printed on the ballot, mark a cross (X) in the square at the right of the name of the person for whom you desire to vote. "To vote for a person whose name is not printed on the ballot write or paste his name in the blank space provided for that purpose." Each ballot shall contain two columns, and each column is to have as nearly as possible the same number of names of candidates thereon, ex- cept that no groups or spaces beneath any group shall be divided, and the candidates for the various oflBces shall appear upon the ballot in the fol- lowing order, commencing at the column to the left, viz. : Congressional : — United States Senator Vote for one Representatives in Congress district Vote for. . . State Officers:— Governor Vote for one Lieutenant Governor , . .Vote for one Secretary of State Vote for one State Auditor Vote for one State Treasurer Vote for one (Superintendent of Public Instruction Vote for one) Attorney-General Vote for one Commissioner of Insurance Vote for one Commissioner of Agriculture and Labor Vote for one Commissioner of Railroads Vote for three Legislative : — State Senator District Vote for one Member of House of Representatives Vote for. . . County Officers: — (Sheriff Vote for one) (Auditor Vote for one) 124 STATE OF NORTH DAKOTA (Treasurer Vote for one) (Clerk of District Court Vote for one) (Register of Deeds Vote for one) (State's Attorney Vote for one) (County Judge Vote for one) (Superintendent of Schools Vote for one) (Public Administrator Vote for one) (County Surveyor Vote for one) (Coimty Coroner Vote for one) (County Commissioner District Vote for ) (County Constable Vote for ) A square shall be placed following the name to the right of: every candidate, and the voter shall place a cross (X) in such square following the name of each person he desires to vote i for. The judges and inspectors of election when handing a ballot to a voter shall inform him that he mnst vote for the candidates «f the pol- itical party such ballot represents only, and the voter shall call for the ballot replresenting the party or principle with which he affiliates, and he shall receive isuch ballot and no other. (1913, ch. 222, § 1; 1907, ch. 109, § 9; R. C. 1905, §§ 565-568; 1905, ch. 109, § 10.) See Chapter 117, Session Laws, 1919. Title of office includes within, its' meaning the term thereof. State v.. Blaisdell, 34 N. D. 321, 159 N. W. 401. Note! that 'this section requires a cross in the square while i section 959' relating to general elections requires a cross or mark, also note omission from this section of provisions that name written or pasted in shall be counted though no mark or cross be placed in square. Validity and construction of law as to marking ballots. 47 L. R. A. 806. Official marks on ballots. 47 L. R. A. 808. Irregularities inj marking ballots. 16 L. R. A. 754. Ambiguities in ballots, evidence to explain. 10 Am. St. Rep. 317. Distinguishing marks which invalidate ballots. 40 Am. St. Rep. 240. § 860. MUST VOTE PARTY BALLOT. Any citizen otherwise elig- ible by law, affiliated with or representing the principles enumerated in the national platform of the following parties, are eligible to nomination under this article : The republican party, the democratic party, or any party designation that cast five per cent of the votes cast for governor at the last general election and it shall be unlawful for any person to- call for or vote a ballot at the primary election herein provided for, ex- cept a ballot representing the party or principles with which he affiliates, and any person wlio has re;ison to believe that the ballot called for by the voter does not represent the party or principles with which said voter affiliates, may challenge such vote, and he shall not be entitled to cast his ballot unless he makes and files with fthe inspector of such primary election an affidavit to the effect that such ballot represents the political ELECTION LAWS OF NORTH DAKOTA 12S party with which he affiliates. (1907, ch. 109, § 10; R. C. 1905, § 569; 1905, ch. 109, § 11.) Courts have power to direct county auditor to file petition of candidate. State ex rel. WUliams v. Meyer, 20 N. D. 628, 127 N. W. 834. A party represented by candidates whose names have appeared in the indi- Tidual column, followed by the party[ designation on the Australian ballot used at the general election and who have received 5 per cent of the votes cast for governor, is entitled to a separate ballot at the next primary election. State v. Blaisdell, 20 N. D. 622, 127 N. W. 720. § 861. VACANCIES FILLED BY PARTY COMMITTEES. Should a vacancy occur in any of the offices for which nominations are made under this article by reason of resignation or death, where there is only one aspirant for such office, before the printing of the primary election ballot such vacancy may be filled by the regularly constituted committee of the party to which such vacancy! belongs, and no petition nor ^ee shall be required. (1907, ch. 109, § 11; R. C. 1905, § 570 J 1905, ch. 109, § 12.) § 862 unconstitutional. State v. Flaherty, 40 N. D. 487, 169 N. W. 93. § 863. NOMINATIONS FOR UNITED STATES SENATOR. Party candidates for the office of United States Senator shall be nominated in the manner herein provided for nomination of candidates for ^tate offices. The candidate receiving the highest number of votes at such primary election shall be the nominee of his party for the office of United States Senator, at the succeeding general election. The votes for candidates for United States Senator shall be canvassed and returned in the same man- ner as the votes cast for state officers. The Secretary of State shall place the name of the candidate of each party who receives the highest number of votes for the office of United States Senator upon the general election ballot to be used at the general election next following such primary elec- tion. (1915, ch. 150; 1911, ch. 207; 1909, ch. 109, § 13.) § 864. BALLOTS, HOW PREPARED. The primary election ballot shall be prepared, unless otherwise provided in this article, as defined in section 614 and 616 of the revised codes of 1905. (1907, ch. 109, § 14; B. C. 1905, § 571; 1905, ch. 109, § 13.) R. C. 1905, § 614, is section 957 herein; R. C. 1905, § 616, has been amended and as amended is section 959 herein. § 865. ARRANGEMENT OF NAMES ON BALLOT. The names of candidates for each office upon the sample ballots shall be arranged alpha- betically, according to surnames. The names of candidates under headings designating each official position shall be alternated on the official ballot in the printing, in the following manner, viz. : First: The forms shall be set up with the names in the order in which they are placed upon the sample ballots prepared by the secretary of state for the state and district offices, and by the county auditor for the county offices. 126 STATE OF NORTH DAKOTA In printing each set of oflacial ballots for the various election pre- cincts the position of the names shall be changed in each oflace division as many times as there are candidates in the oflBce division or group in which there are the most names. As nearly as possible an equal number of tickets shall be printed after each change. In making the changes of positions the printer shall take the line of , type at the head of each oflSce division and place it at the bottom of that division, showing up the column so that the name that was second before the change shall be first after the change. After the ballots are printed, before being cut, they shall be kept in separate piles for each change of position, and shall then be piled by taking one from each pile and placing it upon the other pile to be cut, the intention being that every other ballot in the pile of printed sheets shall have names in different positions. After the piles are made in this manner they shall be cut and placed in blocks as provided by the general election law. (1907, ch. 109, § 15, R. C. 1905, § 572; 1905, ch. 109, § 14.) § 866. LIST OF OFFICERS TO BE NOMINATED. The secretary of state shall between the first day of April and the first day of May, in such year, direct and cause to be delivered to the county auditor of each county, a notice specifying the oflScers to be nominated under this act, whose term of office will expire between the first Monday in De- cember and the first Monday in March, next succeeding, also specifying the several officers to be nominated in such county at the next primary election. The auditor to whom such notice is delivered shall cause notice of the same to be given as provided in section 982. (1907, ch. 109, § 16; E. C. 1905, § 574; 1905, ch. 109, § 16.) § 867. PROVISIONS OF ELECTION LAW APPLICABLE. Except- ing as herein otherwise provided, the following sections of chapter 8 of the political code of 1905, entitled "Elections", are hereby made applicable to primary elections and primary election ballots, under this act, to-wit: 605 (am'd 948), 606 (949), 607 (950), 608 (951), 609 (952), 610 (953), 611 (954), 613 (956), 614 (957), 615 (958), 616 (am'd 959), 619 (964), 620 (am'd 965), 621 (966), 622 (967), 623 (968), 624 (969), 630 (975), 635 (980), 638 (am'd 983), 639 (984), 640 (985), 641 (986), 642 (987), 643 (988), 644 (989), 645 (am'd 990), 646 (991), 647 (1005), 648 (1006), 649 (1007), 650 (am'd 1008), 654, (1012), 655 (1013), 656 (1014), 657 (1015), 658, (1016), 659 (1017), 660 (1018), 669 (1027), 671 (1029), 672 (1030), 673 (1031),674 (1032), 681 (1039), 682 (1040), 683 (1041), 684 (1042), 685 (1043), 686 ((1044), 687 (1045), 688 (1046), 689 (1047), 690 (1048), 691 (1049), 692 (1050), 693 (1051), 694 (1052), 695 (1053), ELECTION LA\yS OF NORTH DAKOTA 127 696 (1054), 697 (1055), 698 (1056), 699 (1057), and 700 (1058). (1907, ch. 109, § 17; R. C. 1905, § 576; 1905, ch. 109, § 17.) The figures in brackets are the numbers of the sections in this compil- ation for the Revised Codes sections. Contest must be initiated by serving upon contestee, within ten days after compilation of canvass of ballots, aflBdavit of contest, setting forth grotmds therefor. Olesen v. Hoge, 23 N. D. 648, 137 N. W. 826. See Lew v. Montgomery, 31 N. D. 1, 148 N. W. 663. § 868. TALLY BOOKS. ARRANGEMENTS OF NAMES. Two tally books or two sets of tally sheets shall be provided for each political party or principle, having candidates to be voted for, at each voting precinct, the same to be furnished by the county auditor, at the same time and in the same manner that the poll books and ballots are furnished. The names of the candidates shall be placed on the tally sheets in the order in which they appear on the oflBcial sample ballot, and in each case shall have the proper party designation at the head thereof. (1907, ch. 109, 5 18; R. C. 1905, § 577; 1905, ch. 109, § 18). § 869. POLLS, OPEN WHEN. CANVASS. The polls shall be opened at nine o'clock A. M. and remain open continuously until nine o'clock P. M. When the polls are closed the judges and inspectors of such primary election shall open the ballot boxes, count the ballots and compare the same with the clerk's lists, and should any irregularities appear they shall proceed as now provided by law. \STien the ballots compare with the clerk's lists they shall proceed to canvass and place those of each i)olitical party in separate piles. The tally of the votes shall be separate for each political designation or principle and so returned by the judges and in- spectors of election, giving the full vote for every candidate. The men's and women's votes shall be kept separately and so returned by the judges. The county canvassing board shall aggregate these for the candidates voted for. (1919, ch. 119, § 1; 1907, ch. 109, § 19; R. C. 1905, § 578; 1905, ch. 109, § 19.) § 870. RETURNS. The judges of such primary election in each precinct shall make a statement on blanks to be provided for that pur- pose, which shall be subscribed by them and filed in the office of the county auditor with the returns as follows : They shall contain the names of all persons voted for at the primary election, with the number of votes cast for each candidate and for what office. A separate statement shall be made for each political party or principle. (1907, ch. 109, § 20; R. C. 1905, § 579; 1905, ch. 109, § 20.) See Walton v. Olson, 40 N. D. 571—170 N. W. 107. § 871. POLL LISTS DELIVERED TO BOARDS OF REGISTRA- TION. Clerks of primary elections shall keep a list of the names of all persons voting at said election, and shall return one list as now re- quired and one tally sheet that shall be a part of the record, and deliver 128 STATE OF NORTH DAKOTA the Other list to the board of registration within thirty days following any primary election. No registration of voters shall be required under this article to vote at any primary election. The poll list so kept at a primary election and delivered to the boards of registration shall take the place of the first registration of the voters now required, and notice only shall be given of the date of the second day of registration, which shall be held and conducted as now provided, and no other shall be require^ to vote at the general election following. (1907, ch. 109, § 21; R. C. 1905, § 580; 1905, Ch. 109, § 21.) The provision in this section that no registration of voters is required, and that the poll list shall take the place of the first registration of voters was held invalid as being in conflict with section 61 of the state constitution, because it is an attempt to amend the registration law, which is a subject not embraced in the title of the act. Fltzmaurice v. Willis, 20 N. D. 372, 127 N. W. 95, following State v. Drexel, 74 Neb. 776, 105 N. W. 174; State ex rel. Miller v. Flaherty, 23 N. D. 313, 41 L. R. A. (N. S.) 132, 136 N. W. 76. Constitutionality of primary election laws. 22 L. R. A. (N. S.) 1136; 41 L. R. A. (N. S.) 132. § 872. COUNTY CANVASSING BOARD. The county canvassing board shall be composed of the clerk of the district court, county auditor, chairman of the board of county commissioners and the chairman of the county committee of the two political parties that cast the highest votes for governor at the preceding general election. The members of said board shall meet in the county auditor's oflSce in the court house at ten o'clock on the eighth day after any primary election, arid shall proceed, after taking the usual oath of office, to open and publicly canvass the primary election returns made to the county auditor. Any three members of said board shall constitute a quorum and are authorized to make the canvass therein provided and to certify to the results thereof. (1907, ch. 109, § 22; R. C. 1905, § 582; 1905, ch. 109, § 22.) Mandamus to compel election officers (to act after they have met and ad- journed. 36 L. R. A. (N. S.) 1089. § 873. STATEMENT OF CANVASSING BOARD. CONTESTS. The canvassing board shall make and prepare a statement, the same to be signed by said board and filed in the office of the county auditor, as follows : First. A statement containing the names of all candidates voted for at the primary election, with the number of votes received by each and for what office, said statement to be made as to each political party or principle separately. Second. A statement of the names of the persons or candidates of each political party who are nominated, to-wit: those i)ersons or can- didates of such political party or principle who received the highest num- ber of votes for the respective office, and where there is more than one ELECTION LAWS OF NORTH DAKOTA 129 person to be elected to a given office at the ensuing general election there shall be included in said statement of nomination the names of so many candidates of such party receiving the next highest number of votes for that office as there are persons to be elected to such office at said ensuing general election. Said statement shall in like manner be made separately as to each political party. Third. A statement of the whole number of electors registered and the number of ballots cast, men and women separately, at such primary election. Fourth. A separate statement shall be made of the votes cast for United States senator, member of congress, state officers, judges of the supreme and district courts and members of the legislative assembly, which shall be transmitted to the secretary of state as provided in this article. Fifth. It shall be the duty of the county auditor upon the completion of the canvass to mail or deliver in person to each candidate so nomin- ated for any county or district office a notice of such fact and that his name will be put upon the official ballot, except as otherwise provided. He shall also cause a copy of the finding of said board to be published in the official newspaper of the county. (1907, ch. 109, § 23; R. C. 1905, 5 583; 1905, ch. 109, § 23.) Ballots of each party should be canvassed separately and a separate declar- ation of the restxlt of the primary election made by the canvassing board as to each political party. Walton v. Olson, 40 N. D. 571, 170 N. W. 107. § 874. ABSTRACT OF VOTES TRANSMITTED TO SECRETARY OF STATE. It shall be the duty of the County Auditor of each county, under his official seal, excepting as provided in Section 875 of this Article, to return to the Secretary of State within twenty (20) days after the day of any primary election, a certified abstract under separate political designation or principle, of the number of votes cast in his county for every candidate for nomination for United States Senator, member of Congress, state officers, judges of the supreme and district courts and members of the legislative assembly. It shall also be the duty of the County Auditor to file with the Secretary of State a certificate showing the names and addresses of the persons nominated under the several iwlitical designations and principles for county office in his county. He shall seal up such abstracts and certificates without delay and transmit them to the Secretary of State by registered mail. (1915, Ch. 149; 1907, ch. 109, § 24; R. C. 1905, § 584; 1905, ch. 109, § 24.) §875. TWO OR MORE COUNTIES IN DISTRICT. When two or more counties are embraced in one legislative district the respective county auditors shall attend at the office of the county auditor of the senior county of such district within 15 days after primary election, and in conjunction with 130 STATE OF NORTH DAKOTA the auditor of the senior county shall compare the votes cast in the several counties comprising such district and such auditors shall immediately make out certificates of nomination for the persons of such political party or prin- ciple having the highest number of votes in such district for members of the legislative assembly, as provided in section 874 of this article, which certificate of nomination shall be forwarded without delay to the secretary of state by registered mail by the county auditor of the senior county, who shall give notice in writing to all the members of the legislative assembly nominated in such district. (1907, ch. 109, § 25; R. C. 1905, § 585; 1905, ch. 109, § 25.) § 876. STATE BOARD OF CANVASSERS. For the purpose of can- vassing and ascertaining the result of any primary election the State Board of Canvassers shall meet at the office of the Secretary of State within thirty days next following a primary election, and be composed of the following members, viz: Clerk of the Supreme Court, Secretary of State, Superintendent of Public Instruction, and the chairman of the State Central Committee of the two political parties that cast the highest vote for Governor at the last general election. After taking the usual oath of oflQce, the said board shall proceed to canvass publicly the primary election returns made by the several County Auditors. Three members of said board shall constitute a quorum and are authorized to make the canvass herein provided and to certify the result thereof. (1915, ch. 149; 1907, ch. 109, § 26; R. C. 1905, § 582; 1905, ch. 109, § 22.) § 877. STATEMENT BY STATE BOARD. The state board of can- vassers shall make and prepare a statement, the same to be signed by said board and filed in the oflBce of the secretary of state as provided in subdivisions 1, 2 and 3 of section 873 of this article. It shall be the duty of the secretary of state upon the completion of the canvass to mail to each candidate so nominated a notice of such fact, and that his name will be put upon the ofiicial ballot to be voted for at the ensuing general election, except as otherwise provided. He shall cause a copy of findings of the said board to be filed in his office and published in a newspaper printed at the seat of government. (1907, ch. 109, § 27.) See section 974. See note to 873. § 878. OFFICIAL BALLOT, NAMES PLACED THEREON. The secretary of state shall place the names of all the candidates of each political party or principle, who are shown to have been nominated for the respective oflSces in accordance with the certificates of nomination re- ceived from the several county auditors of this state on the official ballot to be voted for at the general election following. (1907, ch. 109, § 28.) § 879. VACANCIES, HOW FILLED. When there is but one aspirant and a vacancy occurs by death or resignation of such aspirant for nom- ELECTION LAWS OF NORTH DAKOTA 13f ination before the primary election and ballots are printed in legislative districts containing more than one county, the chairman of the party in which such vacancy occurs, of each county committee of the counties of which such district is composed and the member of the state central com- mittee from that legislative district shall meet and by a majority vote of such shall fill such vacancy and by a certificate of nomination notify the county auditors of the several counties of which such district is com- posed, and the auditors of such counties shall place the name on the primary election ballots where the vacancy exists. Should a vacancy occur in a legislative olffice in a county composed of more than one dis- trict, or in a commissioner's district, then the county central committee of the party in which such vacancy occurs shall meet and fill such vacancy. On receipt of a certificate of nomination from said committee, the county auditor shall place the name of such nominee upon the primary election baUot where such vacancy exists. (1907, ch. 109, § 29; R. C. 1905, § 586; 1905, ch. 109, § 26.) When does yacapcy in party ticket occur within statute authorizing filling of vacancies. 41 L. R. A. (N. S.) 1088. • § 880. ERRORS, HOW CORRECTED. Whenever it shaU be made to appear by aflSdavit to the supreme court or to the district court of the proper county, that an error or omission has occurred or is about to occur in the placing of any name on an oflScial primary election ballot; that any error has been or is about to be committed in printing such ballot, or that any wrongful act has been or is about to be done by any judge or clerk of a primary election, county auditor, canvassing board, member thereof, or other i)erson charged with any duty concerning the primary election; or that any neglect of duty has occurred or is about to occur, such judge shall order the officer or person charged with such error, wrong or neglect to forthwith correct the error, desist from the wrongful act, or perform the duty, or show cause at a time and place to be fixed by the court why he should not do so. Failure to obey the order of such judge shall be contempt of court. (1907, ch. 109, § 30.) § 881. NOMINATIONS, HOW CONTESTED. APPEAL. Any can- didate at a primary election desiring to contest the nomination of an- other candidate or candidates for the same office, may proceed by affidavit within ten days after the completion of the canvass. In case the con- testant shall set forth in his affidavit, upon information and belief, that the ballots in any precinct have not been correctly counted, and that he has been prejudiced thereby, the judge shall make an order requiring the custodian of such ballots to appear before him at such time and place, and abide the further order of the court. At the time and place stated, the ballot boxes shall be opened and the ballot recounted in the presence of the court. If it should be found that a mistake has been made in coxmting such ballots, then the contestant shall be permitted upon appli- 132 STATE OF NORTH DAKOTA cation, to amend his affidavit of contest by including such additional facts therein. All testimony and depositions taken in contests brought under the provisions of this article shall be taken in the same manner as in civil actions and depositions may be taken in more than one place at the same time on leave of the court, and all matters relating to such contests shall be heard and tried as nearly as may be as civil actions are tried, except as otherwise provided herein. The court shall make its findings of fact and conclusions of law. Appeals from final judgment and decisions of such contests may be taken without making a motion for a new trial in the district court in the manner provided for in the code of civil procedure, except that the undertaking on appeal shall be in a sum to be fixed by the judge not less than Five hundred dollars, and shall be approved by the judge, and by the clerk of the district court of the proper county or subdivision imder the directions of the judge. Appeals to the supreme court under the provisions of this article must be taken within ten days after notice of entiT of final judgment and the party appealing mustf immediately procure the transmission of the record on such appeal to the clerk of the supreme court and such appeal may be brought on for hearing before the supreme court at any time such court shall be in session, upon five days' notice from either party; and the same shall be heard and determined in a summary man- ner, except as otherwise provided in this article. The provisions of the code of civil procedure are applicable to and constitute the rules of practice in the proceedings mentioned in this article and the provisions of the civil code of procedure relative to appeals in civil actions, except in so far as they are inconsistent herewith apply to the proceedings men- tioned in this article. (1907, ch. 109, § 31.) Authorizes a contest in the district court between aspirants for nomination as candidate for the office of members of the legislative assembly. Lew v. Montgomery, 31 N. D. 1, 148 N. W. 662. Notice of contest must be served within ten days after the coimty can- vassing board has completed and officially declared the result of the canvass of the votes of the particular party on whose ticket the contestant seeks nom- ination. Walton V. Olson, 40 N. D. 571, 170 N. W. 107. Does not apply to an election which merely amounts to an expression of preference of location of county seat preliminary to final vote at general election. Cahill V. McDowell, 40 N. D. 625, 169 N. W. 499. Contest must be initiated by serving upon contestee, within ten days after completion of canvass ballots, affidavit of contest setting forth grounds there- for. Olesen v. Hoge, 23 N. D. 648, 137 N. W. 826. § 882. PRESENT ELECTION STATUTES APPLY. The provisions of the statutes now in force in relation to the holding of elections, the solicitation of votes, the manner of conducting elections, or counting the ballots and making return thereof, and all other kindred subjects shall apply to all primaries in so far as they are consistent with this article, ELECTION LAWS OF NORTH DAKOTA 135 the intent of this article being to place the primary election under the regulation and protection of the laws now in force as to election. (1907, ch. 109, § 32.) § 883. TIE VOTE, DETERMINED HOW. In case of a tie vpte, the same shall be determined by the canvassing board or boards concerned, at a time and place fixed by them in such manner as they may designate in the presence of the candidate upon at least five days' notice to such candidate. (1907, ch. 109, § 33.) § 884. NOT REPEALED. Nothing herein contained (sections 851- 890) shall be construed as repealing or being in conflict with section 795. (1907, ch. 109, § 34.) Reference should be to section 501 of the Revised Codes of 1899 and leaves it in fuU force and eflect. State v. BlaisdeU, 17 N. D. 575, 118 N. W. 225, State V. BlaisdeU, 20 N. D. 622, 127 N. W. 720, State v. Hall, 37 N. D. 259, 163 N. W. 1055. § 885. FEES PAID COUNTY. All fees paid to the secretary of state by candidates for the legislative assembly shall be paid by the secretary of state forthwith to the various County auditors in the state where such candidates reside and in case any legislative district is composed of more than one county such fee shall be paid to such counties in equal proportions and which fees are to be turned into the general fund of said county by the auditor. (1907, ch. 109, § 35.) § 886. ACT VALID. In case any of the provisions of this act (sec- tions 851-890) should be declared unconstitutional that shall not affect the validity of any of the other provisions of thib act. (Sections 851- 890), (1907, ch. 109, § 36.) § 887. PENAL CODE APPLICABLE. All of the provisions of chapter 5 of the penal code (sections 9250-9294 herein) in so far as the same relates to crimes against the elective franchise, are hereby made applicable to elections held pursuant to the provisions of this act. (Sec- tions 851-890.) (1907, ch. 109, § 37 : R. C. 1905, § 594; 1905, ch. 109, § 34.) § 888. PRESENT COMMITTEES CONTINUE. Every state, county, district and city committee of each political party now eligible under the provisions of this act (sections 851-890) shall remain the regularly con- stituted committee of the respective parties until succeeded as provided for in this act. (Sections 851-890.) (1907, ch. 109. § 38; R. C. 1905, § 595; 1905, ch. 109. § 35.) g 889. PRECINCT COMMITTEEMEN. HOW ELECTED. At the pri(nary each voter may write in the space left on this ticket for that purpose the name of one qualified elector who is a member of his own party and a resident of his precinct, and the one receiving the highest number of votes shall be the precinct committeeman. The official re- turns made by the election board from each precinct shall show the name 134 STATE OF NORTH DAKOTA and address of such precinct committeeman thus chosen by each party. Upon the canvass of the returns the county auditor shall immediately notify in writing each precinct committeeman so selected, together with those provided for in section 890 of this article, of their selection and the date of the meeting of the county central committee. (1907, ch. 109, § 39.) See Opinions of the Attorney General, No. 29. § 890. COUNTY AND STATE COMMITTEE. HOW SELECTED. TIME AND PLACE OF MEETING. The county committee of each party shall be composed of all the precinct committeemen of each party, and the legislative nominees residing in such county shall be entitled to select and appoint in writing one committeeman at large, which appointment shall be immediately filed with the County Auditor. The committeeman thus appointed, together with the precinct committeman elected as pre- scribed in Section 889, shall constitute the county committee of each county, and they shall meet in the court house at the county seat of each county at two o'clock p. m., on the third Wednesday after each primary election and organize by selecting a chairman, a secretary, and a treasurer, by adopting rules and modes of procedure, and by selecting an executive committee consisting of from five to nine persons chosen from the county committee, of which executive committee the chairman and secretary shall be members. Such county committee shall at the same time select one person who shall be a legal voter to act upon and be a member of the State Central Committee of such party in all counties consisting of one legislative district, and in counties having more than one legislative dis- trict, the precinct committeemen from each legislative district shall select one person from their respective legislative district; and when two or more counties are embraced in one legislative district; and the county committee of each county shall meet at the court house of the county seat of the senior county of such district at two o'clock p. m. on the fourth Wednesday after such primary election, and select one person, who shall be a legal voter to act upon and be a member of the State Central Com- mittee of such party. The members so selected as state central com- mitteemen shall meet at the State Capitol on the first Wednesday in September and organize by selecting a chairman, a secretary, and treas- urer, and shall adopt rules and modes of procedure and promulgate and publish a platform of principle upon which its candidates shall stand Each member of any committee shall retain such position until his suc- cessor is chosen. Each member so selected shall be a legal voter. Vacan- cies shall be filled by a majority of the committee by appointment from the district in which such vacancy exists. (1919, ch. 118; 1907, ch. 109, § 40 ; R. C. 1905. § 596 ; 1905, ch. 109, § 36. ;> Chairman of state central committee need not be a member. The majoritj of the members of a political state central <»mmittee has the inherent power to depose or elect a chairman at any time. ELECTION LAWS OF NORTH DAKOTA 135 The right to use proxies still prevails. State v. McLean, 35 N. D. 203, 159 N. W. 847. § 898. USAGE AND CUSTOMS PREVAIL. It is not the intention hereof to destroy or impair the organization of any party or principle now existing or hereafter to exist, therefore, each of such parties or principles, and each and all of the state, county, and other committees thereof shall possess all of the ordinary powers and authority heretofore established by the usage and customs of such parties not inconsistent with any of the provisions hereof. (R. C. 1905, § 597; 1905, ch. 109, § 37.) Omitted— Sections 891, 892, 893, 894, 895, 896, 897 relating to partisan nom- ination for municipal office — apparently superseded by section 902-903. ARTICLE 2.— REGULATING CAUCUSES AND NOMINATIONS FOR OFFICE WHERE PRLMARY ELECTION PROVISIONS DO NOT APPLY. § 898a. DELEGATES ELECTED BY BALLOT. REPRESENTA- TION. NOTICE. All delegates to an assembly or convention shall be elected by ballot at a caucus to be held for such purpose. The basis of representation of delegates to an assembly or convention shall be fixed and determined by the authorized county committee of each political party en- titled by law to make nominations for oflSce by delegate convention; and such county committee shall divide the county into caucus precincts and establish the boundaries of the same which caucus precincts shall be as nearly as practicable the same as the established voting precincts in its county. Public printed or posted notice of the time and place of holding such caucus shall be given at least ten days before holding the same. Such notice shall contain a brief statement of the object of the caucus, and the length of time the polls shall be kept open, and shall be signed by the chairman and secretary of such committee. (1899, § 497a; 1899, ch. 38, §§ 1, 2 and 3.) § 899. WHEN CAUCUS HELD. CERTIFICATES. All caucuses shall be held between the hours of two o'clock p. m. and nine o'clock p. m., and the polls shall be kept open at least one hour. The electors present at such caucus shall at the oi>ening of the i>olls elect by viva voce vote a chairman and clerk of such caucus, whose jwwers and duties shall be the same as the powers and duties of judge and clerk of election, respec- tively, in so far as the same shall be applicable. The chairman and clerk of such caucus shall at the close of the polls immediately canvass the ballots cast for delegate or delegates and shall issue certificate of election to each delegate who shall receive a plurality of all the votes cast at such caucus. Such certificate shall be signed by said chairman and clerk. 136 - STATE OF NORTH DAKOTA (R. C. 1905, § 598; 1899, ch. 38, § 4, 5, 6; R. C. 1899. § 479b; 1901, ch. 47.) § 900. DUTY OF CLERK. It shall be the duty of the clerk of such caucus to carefully keep and preserve the record of the caucus, which shall mclude a list of the names of each person voting at the said caucus, for six months, and he shall at any time within said six months furnish a certified copy of the record of such caucus upon the request of the chairman of the county or state committee of the political party which said caucus represented. (R. C. 1905, § 599; 1899, ch. 38, § 7; R. C. 1899, §497c.) § 901. PARTICIPATION IN MORE THAN ONE CAUCUS PRO- HIBITED. Any person who shall participate directly or indirectly in the election at caucus of more than one delegate or set of delegates for the nomination of each ofl3ce to be filled shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than fifty or more than two hundred dollars. (R. C. 1905, § GOO: 1899. ch. 38, § 8 ; R. G. 1899, § 497d.) § 901a. NOMINATIONS, HOW MADE. Any assembly or convention of delegates held for the purpose of making nominations to public oflice, (or electors to the number hereafter specified) may nominate candidates for public office to be filled by election within the state. Public printed or posted notice of holding such assembly or convention must be given at least six days before the holding of the same. Such nomination shall be made by delivering to and leaving with the officer charged with directing the printing of the ballots upon wiiich the name is to be placed, within the time prescribed herein, a certificate of nomination for each candidate. An assembly or convention within the meaning of this article is an organ- ized assemblage of delegates representing a political party or principle which cast five per cent, of the total number of votes cast for member of congress at the last general election. (1905. § (>01 ; 1S91. ch. (>(), § 2; 1893, ch. 60. § 2 ; R. C. 1895, § 498. ) A political convention is the exclusive judge of the credentials and qualifi- cations of persons claiming to be delegates thereto. State v. Lavik, 9 N. D. 461, 83 N. W. 864. The provision of sec. 601, R. C. 1905 that to enable a party to secure rep- resentation on the Australian ballot at the general election it must have cast S% of the vote at the next preceding general election was for years, and may now be in force. Its validity was never questioned in this state. State v. Anderson, 18 N. D. 157, 118 N. W. 22. Section 498, Revised Codes of 1899, and cognate sections ,»not repealed by primary election law. State v. Hall, 2,7 N. D. 259, 163 N. W. 1055. What (constitutes a regular convention. Action of convention final. State ex rel. Gronvold v. Porter, 11 N. D. 309, 91 N. W. 94V Convention decides political questions. No appeal from action of convention to court. State ex rel Buttz v. Livdahl, 11 N. D. 320, 91 N. W. 950, Determination of contest by state central committee and approved by con- vention, conclusive. State ex rel. Mitchell v. Larson, 13 N. D. 420, 101 N. W. 315 . ELECTION LAWS OF NORTH DAKOTA 137 ARTICLE 3.— NONPARTISAN NOMINATION AND ELECTION OF MUNICIPAL OFFICERS. § 902. NO PARTY BALLOT. In all petitions to be filed by or in behalf of candidates for nomination to a public oflBce in any incorporated city, town or village in this state, no reference shall be made to a party ballot or to the party aflBliation of such candidates; provided, however, it shall be allowed any such candidate to state, or have stated, in all such petitions, after his name, in not more than twenty words, any particular principle, or principles of local administrative policy or policies he stands for and seeks election to promote. (1913, ch. 73, § 1.) § 903. NOMINATIONS, HOW MADE. A candidate for any public office in an incorporated city, town or village may be nominated by filing with the city auditor, at least twenty days prior to the holding of the election, a petition signed by not less than ten per cent, of the qualified electors residing within the ward or precinct in and for which such officer or officers are to be elected, provided, however, th.t in cities op^n-ating under the commission plan the required petition may be signed by the electors at large residing within such city, and provided further that in no case shall more than three hundred signatures be required, and such signatures may be on separate sheets of paper. No elector shall sign more than one petition for the same office. Each signer of such petition shall add to his name his post office address, giving the street and number of his residence. It shall be the duty of the auditor or clerk of such city, town or village, as the case may be, to place only the names of the person or persons so nominated upon the ballot, with the statement after or oppo- site the name of the candidate, of the principle or principles which he seeks to promote, in not more than twenty words and as stated in the petition or petitions filed by or on behalf of such candidate, and in such manner as to readily inform the voter of the policy or policies upon which such candidate seeks election ; and to arrange the offices upon the ballot in the order in which they are named in the statutes. The arrangement of the names of the candidates upon the ballot shall be determined by the lot by such auditor or clerk in the presence of the candidates or their rep- resentatives at noon on the day following the last day for the filing of nomination papers. (1913, ch. 73, § 2.) See Opinions of the Attorney General, Nos. 30 to 36 inclusive. Omitted sections 904. 905, 906, relating to nonpartisan judiciary— See Ch. 117, S. L. 1919. Omitted sections 907, 908, 909, relating to superintendent of public in- struction and schools— See Ch. 117, S. L. 1919. ARTICLE 6.— PRIMARY ELECTION OF NATIONAL DELEGATES. § 910. DELEGATES TO NATIONAL CONVENTIONS, PRESIDEN- TIAL ELECTORS. AND NATIONAL COMMITTEEMEN. In the pfes- 138 STATE OF NORTH DAKOTA idential election years, the qualified electors of the political parties sub- ject to this law shall have opportunity to vote for their preference, on ballots provided for that purpose, for their choice among those aspiring to be candidates of their respiective parties for president and vice-pres- ident of the United States, shall have (elect) their party delegates to their national conventions, their presidential electors, and shall nominate and recommend their choice for national committeemen. The names of the aspirants in each such party for election for the ofiice of president, for office of vice-president of the United States, for national committee- fiaen, for delegates to their national conventions, and for presidential elec- tors, shall be printed on the party nominating ballot, provided for that purpose, and the ballot shall be marked and the votes shall be counted, canvassed and returned under the same conditions as to names, petitions and other matters so far as the same are applicable, as the names and petitions of party aspirants for the party nominations for the oflice of governor and of the United States senator in congress are, or may be by law required to be marked, filed, counted, canvassed, and returned ; pro- vided, that aspirants for such presidential nominations need not file any personal petition nor signature ; that certificate of the number of votes re- ceived by each such candidate shall be issued to the delegates who are elected for said party to the party national convention ; that petitions to place on the nomination ballot the names and aspirants for such office or delegates to said national convention, presidential elector and national committeemen to be chosen and elected, as provided herein, shall be suf- ficient if they contain a number equal to one per cent, of the party vote in the state at the next preceding election for representatives in congress, or not less than five hundred signatures of party voters. Every qualified voter shall have the right to vote for as many candidates for national delegates for his party and for the election of as many candidates for presidential electors as there are delegates and electors to be elected respectively, and each elector shall have a right to vote for one candidate of his party for national committeeman. A number of such candidates (»qual to the number of delegates to be elected and the number of pres- idential electors to be elected and the candidates for national committee- man, receiving, respectively, each for himself, the highest number of votes for such office or nomination, shall be declared elected. (1911, ch. 208, § 1.) Delegates to national conventions need not possess the constitutional require- ments of an elector. State v. Hall, N. D , 176 N. W. 920. See Opinions of the Attorney General, Nos. 39 to 47 inclusive. § 911. COUNTY CANVASSING BOARD. On the eighth day after the election provided for herein, the county canvassing board shall meet as provided in section 582 of the revised codes of 1905 (section 872 here- in), and shall canvass the returns in the manner now provided by law. The powers and duties of the board shall be the same in so far as ELECTION LAWS OF NORTH DAKOTA 139 applicable, as now are prescribed by law for canvassing the returns of other elections. (1911, ch. 208, § 2.) § 912. STATE CANVASSING BOARD. For the purpose of as- certaining the results of the election provided for in this article, the state canvassing board shall meet at the oflBce of the secretary of state (on the first Tuesday in May) after such election and the secretary of state shall notify the other members of the board of canvassers of such meet- ing. (1911, ch. 208, § 3.) See sec. 876 as amended by ch. 149, S. L. 1915. § 913. CANDIDATES TO FILE PETITIONS. AU persons desiring to be candidates for delegates to the national convention of their party and all persons desiring to be candidates for presidential electors and foi national committeemen of their party shall, not later than the first day in March of each year, when a presidential election will take place, file with the secretary of state their petitions, as provided herein. (IS^l, ch. 208, § 4.) § 914. PREPARATION AND DISTRIBUTION OF BALLOTS; NOTICES OF ELECTION. It shall be the duty of the secretary of state immediately after the first day In March of each year in which a presi- dential election will take place, to prepare and print ballots, at the ex- pense of the state, with the names of all candidates of each party for the offices named in this act. In printing such ballots the secretary of state shall be guided by the provisions of law now in force relating to the preparation and printing of ballots for general elections. The pro- visions of the general election law applicable relating to the distribution of ballots, posting of sample ballots and of notices of the election shall apply to the distribution of ballots, posting of sample ballots and of notices of the election herein provided for, except as otherwise required herein. The secretary of state shall distribute the ballots among the county auditors, who in turn must deliver the same to the inspectors of election in the voting precincts of their respective counties. Notices of the election provided for herein shall be given in the manner prescribed by law for giving notices of city, village and township elections in such cities, villages and townships and In any other precincts, notice of the election shall be given as now provided by law for general elections. (1911, ch. 208, § 5.) § 915. ELECTIONS WHEN; CONDUCT OF ELECTIONS; CITY ELECTIONS TO CONFORM. On the third Tuesday of March every fourth year, when a presidential election is to be held, the members of the respective political parties shall express their choice for the election of the persons and officers named In this article, and whose names appear upon the ballot according to the provisions herein. Each elector shall be handed the ballot of the party with which he declares himself affi- liated, or with which he may have registered at the last preceding 140 STATE OF NORTH DAKOTA registration or election, and such elector shall mark and vote the same in the manner provided herein. The polls shall be open during the same hours as at general election. For the purpose of the election herein pro- vided for, in all cities, villages and civil townships the regular election officers thereof shall also act without further compensation as the elec- tion officers, and in unorganized townships and voting precincts outside of cities, villages and civil townships, the inspector and two judges of election, who acted as such at the last general election, or those who have been or may be appointed to fill such vacancies occuring in their offices, pursuant to law, shall act therein as the inspector and judges of election. In all matters not herein expressly otherwise provided for the provisions of any election law of this state, applicable to the case, shall govern. In every fourth year, when a presidential election is held, the time of all city elections shall take place on the third Tuesday in March so as to conform to the provisions of this article, and in such event the city officers elected to office shall have until the second Tuesday of April in which to qualify for such office. (1911, ch. 208, § 6.) § 916. EXPENSES OF DELEGATES. OATH OF DELEGATES. Every delegate to a national convention of a political party recognized as such organization by the laws of North Dakota, shall receive from the state treasurer the amount of his actual necessary traveling expenses, as his account may be audited and allowed by the secretary of state or state auditor, for actual attendance upon said convention, but not in any case to exceed two hundred dollars for one delegate. The election of such national delegates for political parties, are not subject to the direct primary law shall be certified in like manner as nominations of can- didates of such parties for election to public office. Every such delegate to a national convention which nominated candidates for president and vice-president shall subscribe an oath of office that he will uphold the constitution and the laws of the United States and North Dakota, 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 the voters at said election. (1911, ch. 208, § 7.) (1. This word does not appear in the printed bill and its insertion is ap- parently a clerical error. Ed.) ARTICLE 7.— GOVERNING PARTY REGISTRATION. § 917. PARTY REGISTRATION REQUIRED. WHEN. A party registration of the voters in the respective i)oliticaI parties shall be taken in each precinct of this state in the following manner. In the months of April and May of each even numbered year in which a primary election is held, the assessor of each district shall at the time he makes his assessment of the real and personal property take down in an enroll- ment book the name of each voter in his district, grouping alphabetically ELECTION LAWS OF NORTH DAKOTA 141 and according to the precinct of such voters in substantially the following form: 10 , County 11 City Ward Election Precinct Date Enrolled Name P. O. Address Age Nativity St No. Party Number Affili- ation. And also have each voter sign and swear to before the assessor or notary as the case may be a registration blank *'A" which shall be in the f oUowng form : State of North Dakota County of. I, the undersigned elector, do solemnly swear (or affirm) that my name and signature as signed below is my true name and signature. If I have not personally signed it, it is because and it was signed at my request by the attesting officer. My age is years and occupation ; nativity (naturalized or declared by intention in Court, in county, state, on 19.... as appears by the naturalization papers exhibited herewith.) Present residence is in section township range , County, North Dakota; of (if city or town) at No street, in the city of , post office address I belong to the party ; that I have resided in this state for one year immediately preceding this election. In testimony whereof I sign my name two times. (1) (1) (2) Elector. NOTE. "Verification to be in usual form." If unable to sign, let the officer write his name and so state. (1911, ch. 213, § 1.) An elector who has regristered so as to be entitled to vote at a primary election by designating his political party and having same entered on the registry cannot subsequently require the registry agent to change such desig- nation. State V. Keith, Zl Nev. 452, 142 Pac. 532, Ann. Cas. 1917 A 1276. That part of affidavit providing for proof of naturalization unconstitutional. The term "elector" as used in the statute (sec. 917), carries into the statute the constitutional definition of an elector. State v. Flaherty, 23 N. D. 328, 41 L. R. A (N. S.) 132, 136 N. W. 76. See Opinions of the Attorney General Nos. 48 to 51 inclusive. As to constitutionality of primary election laws generally, see note to this case in 41 L. R. A (N. S.) 132, also note in 22 L. R. A (N. S.) 1136. Registration as condition of right to vote. 25 L. R. A 480. J42 STATE OF NORTH DAKOTA § 918. REGISTRATION AND ENROLLMENT BOOK^. HOW FURNISHED. These party enrollment books and blanks shall be pre- pared and furnished by the secretary of state and by him sent to each county auditor in the state and by each county auditor distributed to each asses- sor. The assessors shall complete this work of taking the party registra- tion in the months of April and May of each even numbered year and shall return the blanks and enrollment books to the county auditor of the respective counties on or before thirty days before each primary elec- tion day and shall receive as compensation the sum of ten cents (10c) for entry of the name of each party voter in addition to the compensation now allowed by law for his work as such assessor. He shall cause the names to be entered in the party enrollment book alphabetically and according to the respective precincts of the voters within that district. Any voter who s unavoidably absent from the assessor's district during the time of taking the party registration may go before any notary public and sign and verify a registration blank as shown by form "A" and mail the same in to the county auditor of his county. (1911, ch. 213, § 2.) § 919. WHEN PERSON MAY CAUSE NAME TO BE ENROLLED ON PRIMARY DAY. Any person who was a qualified voter in any election precinct in this state on the day of enrollment and registration provided for in this article and who failed to have his name enrolled on that day by reason of sickness or unavoidable absence from the elec- tion precinct, and who is a qualified voter in said district at the time of the primaries thereafter held therein, or who may have become twenty-one years of age after the day of enrollment may have his name enrolled by the election board on any primary day upon making oath as provided in the general election law in relation to registration of electors on election days. Any person who was a qualified voter in any election precinct in this state on the day of enrollment provided for in this article, and who was duly enrolled as provided herein, who has had occasion to transfer his place of residence to an election precinct other than that in which he was enrolled, may be entitled to a new enroll- ment on primary day in such election precinct and be entitled to a vote therein, provided that he has resided in the election precinct to which he has lately removed for a period to comply with general laws govern- ing residence of electors. He may obtain from the assessor of the pre- cinct in which he formerly resided, a certificate stating that he was duly enrolled in such precinct and that he has changed his residence therefrom to such other precinct and that he is entitled to enrollment therein. The county auditor shall cause duplicates to be made of all the party enrollment books on file in his oflBce and cause a copy of the party enrollment book for each precinct to be delivered to the inspector of elections of such precinct at the same time that the other election sup- ELECTION LAWS OF NORTH DAKOTA 143 plies and ballot boxes are delivered to such inspector as now provided by law. The inspector and judges at such primary elections shall require each voter to vote the party ballot under which he has registered. (1911. ch. 213, § 3.) ARTICLE 8— PUBLICATION OF CANDIDATES' N.4MES BEFORE PRIMARY ELECTION. § 920. CERTIFIED LISTS OF NOMINEES- At least twenty-five days before any primary preceding a general election, the secretary of state shall transmit to each county auditor a certified list containing the names and post-oflBce addresses of each person for whom nomination papers have been filed in his oflSce and entitled to be voted for at such pri- mary, together with a designation of the ofl5ce for which he is a candi- date, and the party or principle he represents. (1911, ch. 209, § 1.) § 921. PUBLICATION OF NOTICES. The auditor to whom such list is delivered shall forthwith upon the receipt thereof publish under the proper party designation the title of each office, the names and addresses of all persons for whom nomination papers have been filed, both in his oflBce and the office of the secretary of state, giving the names and ad- dresses of each, the date of the primary, the hours during which the polls will be opened, and that the primary will be held in the regular polling place in each precinct. It shall be the duty of such auditor to publish said notices once each week for at least two consecutive weeks prior to said primary in each official newspaper in the county. (1911, ch. 209, § 2.) § 922. POSTING OF NOTICES. Such auditor shall also forthwith mail copies of such notice to each township and village clerk and inspector of elections in unorganized townships, and to each city auditor of his county who shall immediately post copies of the same in at least three public places in each precinct in his town, city or village designating there- in the location of the polling place in each election precinct. (1911, ch. 209, § 3.) ARTICLE 9— ELECTION PRLVTIEGES. § 923. PRIMARY CAMPAIGN EXPENSES LIMITED. No sum of money shall be paid, and no expense authorized or incurred by or on behalf of any candidate to be paid by him, except such as he may pay to the state for printing, as herein provided, in his campaign for nomina- tion to any public office or position in this state, in excess of fifteen ri5> per cent of a year's compensation or salary of the office for which he is a candidate ; provided, that no candidate shall be restricted to less than two hundred dollars ($200) in his campaign for such nomination: pro- vided, that the provisions of this article shall not be construed to apply 144 STATE OF NORTH DAKOTA to the candidate's personal traveling expenses. No sum of money shall be paid and no expenses authorized or incurred contrary to the provisions of this article, for or on behalf of any candidate for nomination. (1911, ch. 129, § 1.) § 924. PUBLICITY PAMPHLET. CANDIDATE'S STATEMENTS. Any candidate for nomination to any state or district office, when the district is composed of one or more counties, may file with the sec- retary of state for publication as herein provided, not later than fifty (50) days before the biennial primary nominating election, with his portrait cut if he wishes, a printed or typewritten statement, on the con- ditions set forth, over his signature, stating the reason why he should be nominated. Each candidate shall be allowed one (1) page of printed matter, and those opposing him shall be each allowed one page of space on equal terms with him, as herein provided. (1913, ch. 227, § 1; 1911, ch. 129, § 2.) See Opinions of the Attorney General No. 52. § 925. RATES. Candidates for nomination shall pay for one page of space in the publication herein provided for as follows: For office of United States senator, one hundred dollar^ ; for representatives in Congress, one hundred dollars; for justice of the supreme court, seventy-five dol- lars ; for governor, one hundred dollars ; for secretary of state, one hundred dollars ; for state treasurer, one hundred dollars ; for state auditor, one hundred dollars ; commissioner of insurance, superintendent of public in- struction, attorney general and commissioner of labor, each seventy-five dollars ; for railroad commissioner and lieutenant-governor, twenty-five dollars; for senator or representative in the legislative assembly, ten dollars; for district judge, fifty dollars; for county judge, register of deeds, county auditor, county treasurer, state's attorney, sheriff, clerk of court, and county school superintendent, each twenty-five dollars. All payments required by this section shall be made to the secretary of state when the statement is offered to him for filing, and be by him paid into the general fund of the state treasury. Any candidates for state offices may have additional space, not exceeding three pages, at the rate of one hundred dollars a page, and any candidate for county or legislative office may have additional space, not exceeding two pages, at the rate of twenty-five dollars ($25) a page. (1913, ch. 226; 1911. ch. 129, § 3.) § 926. PRINTING STATEMENTS. Not later than forty days be- fore the primary nominating election the secretary of state shall properly complete, edit, prepare, and index for printing all of such statements and portrait cuts and cause the same to be printed in pamphlet form, print- ing and pictures of candidates with and as a part of their several state- ments, where such portrait cuts are offered; statements of those who ELECTION LAWS OF NORTH DAKOTA 145 directly oppose any candidate shall follow next after his statement. All of the statements filed for and against all the candidates for nomina- tion to each office shall be printed in the order in which the candi- dates' names are grouped under the title of their offices on the official ballot at the nominating election. No picture, statement or argument for or against any candidate for nomination shall be included in the copy of the pamphlet going to any county where such candidate is not to be voted for. The said pamphlets shall be printed and delivered to the secretary of state as quickly as possible and the delivery shall be com- pleted not later than twenty (20) days before the nominating election. (1913, ch. 227, § 2; 1011, ch. 129, § 4.) § 927. ADDRESSES TO VOTERS. The several county auditors shall obtain the post-office addresses of all voters in their respective counties, which shall be taken from the registration lists in case of party registration, and in case of no party registration then such addresses may be procured from the personal property tax books of that year and other authentic source, and on or before the thirtieth (30th) day pre- ceding the nominating election, mail to the secretary of state the name, post-office address and party registration of every such person, and at least twenty (20) days before the regular biennial primary nominating election, the secretary of state shall forward by mail to every such person a copy of the pamphlet containing the names and statements herein pro- vided for. The pages of the pamphlet required by this article shall be six by nine inches in size, and the printed matter therein shall be set in eight point type, single leaded, and twenty-five ems pica in width, with proper headings. (1911, ch. 129, § 5.) § 928. GENERAL ELECTION CAMPAIGN EXPENSES LIMITED. No sum of money shall be paid and no expenses authorized or incurred by or on behalf of any candidate who has received the nomination to any public office or position in this state, except such as he may contribute toward payment for his political party's or independent statement in the pamphlet herein provided for, in excess of fifteen (15) i>er cent of the annual salary of the office for which he is nominated ; provided, that no candidate shall be restricted to less than two hundred dollars. (1-911, ch. 129, § 6.) § 929. ITEMIZED STATEMENTS FILED. Every candidate for nomination or election to public office, including the offices of senators of the United States, shall within fifteen (15) days after the primary or general election at which he was a candidate, file with the secretary of state, if a candidate for senator of the United States, representative in congress, or for any state or district office, in a district composed of one or more counties, but with the county auditor for legislative districts com- posed of not more than one county, an itemized statement setting forth in detail all the moneys contributed, expended or promised by him to aid 146 STATE OF NORTH DAKOTA and promote liis nomination or election, or both, as the case may be, and for the election of his party candidates, and all existing unfulfilled prom- ises of every character and all liabilities in force at the time of such state- ment, and if no money or other valuable thing was paid or promised, he shall file a statement to that effect within fifteen days after the election at which he was a candidate. Any candidate who shall fail to file such statement shall be fined twenty-five dollars ($25) for every day on which he was in default, unless excused by the court. (1911, ch. 129, § 7.) Homness v. Lynch, N. D 179 N. W. 719. Party officers are not public officers, 9 R. C. L., 1089, citing Upsilton v. Bramble, 117 Md. 10, 82 Atl. 661, Ann. Cas. 1913 E 743. See Opinions of the Attorney General, Nos. 45 and 54 to 64 inclusive. § 930. ACTUAL CONTRIBUTORS' NAMES. No person shall make a payment of his own money or of another person's money to any other person in connection with a nomination or election in any other name than that of the person who in truth supplies such money ; nor shall any person knowingly receive such payment or enter or cause the same to be entered in his accounts or records in any other name than that of the person by whom it was actually furnished. (1911, ch. 129, § 8.) § 931. PRE-ELECTION PROMISES OF APPOINTMENTS. No person shall, in order to aid or promote his nomination or election, directly or indirectly promise to appoint another person or to secure or aid in securing the appointment, nomination or election of another person to any public or private position or employment, or to any position of honor, trust or emolument. (1911, ch. 129, § 9.) § 932. CHARITABLE CONTRIBUTIONS BY CANDIDATES OR OF- FICE-HOLDERS, AND SOLICITATION THEREOF. No person shall demand, solicit, ask or invite any payment or contribution for any religious, charitable or other such cause from any person who seeks to be, or has been, nominated to any ofiice, and no such candidate shall make any such payment or contribution, or promise or agree to make the same, if it shall be demanded or asked during the time he is a candidate for nomi- nation or election. No payment or contribution for any purpose shall be made a condition precedent to the putting of a name on any caucus or convention ballot or nominating paper or petition, or the performance of any duty imposed by law on a political committee. Provided, however, that this section shall not be construed as pro- hibiting any candidate for ofiice from making contributions for a religious or charitable purpose to any organization or purpose to which he has heretofore ordinarily or customarily contributed ; and no person shall be deemed prohibited at any time from contributing to any church organi- zation or association of which he is actually a member. Provided further, this section shall not be construed as making it ELECTION LAWS OF NORTH DAKOTA 147 iinlawful for a candidate for oflSce to make contributions to the central com- mittees of the political party with which he is aflBliated, but any such contribution so made shall be deemed a part of the expenditures limited in section 928. (1913, ch. 157; 1911, ch. 129, § 10.) § 933. CAMPAIGN CONTRIBUTIONS BY CORPORATIONS PRO- HIBITED. No corporation, trustee or oflScer thereof as such, shall pay or contribute in order to aid, promote or prevent the nomination or elec- tion of any person, or in order to aid or promote the interest, success or defeat of any person or any political party or organization. And no person shall solicit or receive such payment from any corporation. (1911, ch. 129, §11.) § 934. TREATING. Any person or candidate who shall, either by himself or by any other person, either before or after election, or while such person or candidate is seeking a nomination or election, directly or indirectly, give or provide, or pay, wholly or in part, the expense of giving or providing any drink or intoxicating liquors to or for any person for the purpose or with the intent or hope to influence that i)erson or any other person to give or refrain from giving his vote at such elec- tion to or for any candidate or political party ticket or measure before the people, or on account of such person or any other person having voted or refrained from voting for any candidate or the candidates of any po- litical party or organization or measure before the people or being about to vote or refrain from voting at such election, shall be guilty of treating. Every elector who accepts or takes any such drink or intoxicating liquors shall also be guilty of treating, and such acceptance shall be ground of challenge to his vote and of rejecting his vote on a contest. (1911, ch. 129, § 12.) § 935. PENALTY. Any person shall be guilty of corrupt practice within the meaning of this article if he expends any money for election purposes contrary to the provisions of this statute, or if he is guilty of treating, undue influence, personation, or the giving or promising to give any money or valuable thing to an elector with the intent to induce him to vote or to refrain from voting for any candidate for public oflfice. (1911, ch. 129, § 13.) The publication in question which contains the following language: "I pledge the people of Bowman County that if elected to that position I will turn back into the treasury of the county all salary above the amount of $1500 a year" — is held to be a violation of the corrupt practice act and disqualifies de- fendant from holding such office. Diehl v. Totten, 32 N. D. 131, 155 N. W. 74. Notice of contest alleging that defendant offered, if elected, to accept less than statutory salary, states a good cause of action. Kundert v. City of Madi- son, 39 S. D. 43, 162 N. W. 898. § 936. EXPENSES OF VOTING. TRANSPORTATION PRO- HIBITED. It shall be unlawful for any person to pay another for any loss or damage due to attendance at the polls, or in registering or for the 148 STATE OF NORTH DAKOTA expense of transportation to or from the polls. No person shall pay for \ personal services to be performed on the day of a caucus, primary con- J vention or any election for any purpose connected therewith, tending in | any way, directly or indirectly, to affect the result thereof, except for the ; hiring of persons whose sole duty is to act as challengers and watch the \ count of official ballots. No person shall buy, sell, give or provide any j political badge, button or any insignia to be worn at or about the polls on \ the day of an election, and no such political badge, button or insignia ] shall be worn at or about the polls on any election day. (1911, ch. 129, i § 14.) \ § 937. POLITICAL ADVERTISING LABELED PAID. No publisher ; of a newspaper or other periodical shall insert either in its advertising ; or reading columns or any paid matter which is designed or tends to aid, , injure or defeat any candidate or political party or organization or meas- i ure before the people, unless it is stated therein that it is a paid adver- • tisement. No person shall pay the owner, editor, publisher or agent of any , newspaper or other periodical to induce him to editorially advocate or ; oppose any candidate for nomination or election, and no such owner, editor, i publisher, or agent shall accept such payment. Any person who shall I violate any of the provisions of this section shall be punished as for a ! corrupt practice. (1911, ch. 129, § 15.) I See Opinions of the Attorney General, No. 53. § 938. RATES FOR POLITICAL ANNOUNCEMENTS. No news- i paper in this state shall charge for the publication of political announce- ; ments of candidates before any primary or election any more than the \ legal rates for the publication of legal notices. All paid political matter ; and political announcements shall be labeled "Political Advertisement." : Any person violating any provision of this section shall be deemed guilty i of a misdemeanor. (1911, ch. 210.) ! § 939. ELECTIONEERING ON ELECTION DAY. It shall be un- : lawful for any person at any place on the day of any election to ask, , solicit or in any manner try to induce or persuade any voter on such j election day to vote or refrain from voting for any candidate, or the | candidates or ticket of any political party or organization, or any measure submitted to the people, and upon conviction thereof, he shall be punished by a fine of not less than five dollars, nor more than one hundred dol- lars for the first offense, and for the second and each subsequent offense occurring on the same or different election days he shall be punished by a fine as aforesaid, or by imprisonment in the county jail not less than live nor more than thirty days, or both such fine and imprisonment. (1911, ch. 129, § 16.) Nelson ▼. Gass, 27 N. D. 369, 146 N. W. 537. j S 940. FAILURE TO FILE STATEMENT. NAME OMITTED j FROM BALLOT. The name of a candidate chosen at a primary nominat- i ELECTION LAWS OF NORTH DAKOTA 149 ing election or otherwise, shall not be printed on the official ballot for the ensuing election unless there has been filed by or on behalf of said can- didate the statement of accounts and the expenses relating to nominations required by this article, but delay in making such statement beyond the time prescribed shall not preclude its acceptance or prevent the insertion of the name on the ballot, if there is a reasonable time therefor after the receipt of such statements. (1911, ch. 129, § 17.) Homness v. Lynch, ....N. D...... 179 N. W. 719. § 941. CANDIDACY BONA FIDE. It shall be unlawful for any person to accept, receive or refrain from becoming a candidate for nomin- ation or election, or by himself or in combination with any other person or i)ersons to become a candidate for the purpose of defeating the nomin- ation or election of any person and not with a bona fide intent to obtain the office. (1911, ch. 129, § 18.) § 942. CORRUPT PRACTICE. FORFEITURE OF OFFICE OR NOMINATION. If upon the trial of any action or proceeding under the provisions of this article for the contesting of the right of any person de- clared to be nominated to any office or elected to any office, or to annul or set aside such election, or to remove any person from his office, it shall appear that such person was guilty of any corrupt practice, illegal act, or undue influence in or about such nomination or election, he shall be punished by being deprived of the nomination or office as the case may be, and the vacancy therein shall be filled in the manner provided by law. (1911, ch. 129, § 19.) See Nelson v. Gass, 27 N. D. 369, 146 N. W. 537. Conceding that members of the United States Senate and Congress from this state and state officers subject to impeachment may not be removed from of- fice under the corrupt practice act, yet a good and valid piece of legislation re- mains. Diehl V. Totten, 32 N. D. 131, 155 N. W. 74. See Opinions of the Attorney General, Nos. 54 to 64 inclusive. § 943. CONTEST COMMENCEMENT. Any action to contest the right of any person declared elected to any office, or to annul and set aside such election, or to remove from or deprive any person of an of- fice of which he is the incumbent for any offense mentioned in this article must, unless a different time be stated, be commenced within forty (40) days after the return of the election at which such offense was committed, unless the ground of the action or the proceeding is for illegal payment of money or other valuable things subsequent to the filing of the statements prescribed by this article, in which case the action or the proceeding may be commenced within forty (40) days after the dis- covery by the complainant of such illegal payment. (1911, ch. 129, § 20.) Does not relate to or affect procedure in election contests instituted under provisions ot sections 1046-1058. Voyen v. Eagle School Dist., ....N. D 181 N. W. 82. 150 STATE OF NORTH DAKOTA § 944. GENERAL PENALTY. Whoever violates any provision of this article, the punishment of which is not specifically provided by law, shall on conviction thereof be punished by imprisonment in the county jail for not more than six months, or by a fine of not more than one thousand dollars or by both such fine and imprisonment. (1911, ch. 129, § 21.) PUBLIC MEETINGS. Ch. 191, S. L. 1919. § 1. That any oflicer or officers of the State of North Dakota, any" municipality therein or any subdivision thereof, who shall have custody and control of any public building or public park suit- able for holding public meetings therein shall, when petitioned so to do by twenty-five resident tax payers of the municipality or political sub- division owning said building or public park, open said building or park for any public meeting which is to be non-sectarian and non-fraternal in character ; provided, however, that no such public building shall be used for such purpose when in actual and necessary use in carrying out the purpose for which it was constructed. § 2. Any person or persons violating the provisions of this Act shall be guilty of a misdemeanor. OFFICIAL NEWSPAPER. 1 Ch. 187, S. L. 1919. § 1, In each organized county in the state of ' North Dakota there shall be selected and designated one newspaper in I said county which shall be the state, county and municipal official news- i paper therein, i § 2. MANNER OF SELECTION AND DESIGNATION OF SUCH [ OFFICIAL NEWSPAPER. At the first general election held throughout i the State of North Dakota after the passage and approval of this Act, \ and at the general election in each even numbered year thereafter the ■ legal voters in each organized county in the state shall be entitled to vote ; for such newspaper in said county as such voter desires to be selected as I the official newspaper therein. § 3. At least thirty days prior to any general election held through- \ out the state, any person, persons, or co-partnership or corporation owning i or operating a newspaper printed and published within the county and : admitted to the United States mails, and having complied with the re- i quirements of the Federal laws governing second-class mail matter, may i apply in writing to the county auditor of the county in which such news- ; paper is located for the placing of the name of such newspaper upon the j general ballot to be voted for as official newspaper at said election. Such ! application shall be filed with the county auditor and by him endorsed '. showing the name of the newspaper for which application is made and ] ELECTION LAWS OF NORTH DAKOTA 151 the date said applicatiou is presented to his office. The names of all newspapers for which application is so made shall be by the county auditor placed upon the general official ballot at the bottom of the first column on the left-hand side, the names of such newspapers to be rotated as now required by law for the names of candidates on the primary elec- tion ballots. The place upon the ballot for the names of such newspapers shall be designated as follows : "For Official Newspaper" (vote for one only). Immediately opposite the name of each newspaper there shall be printed a square and the voter shall designate his choice by marking an X within the square. A blank line and square shall be printed following the printed names of said newspapers wherein the voter may write or paste the name of a news- paper and mark an X in the square opposite it § 4. CANVASS OF VOTE. Such newspaper in such county receiv- ing the highest number of votes cast for official newspaper shall be de- clared the official newspaper from and after the first Monday of January, next succeedijig said election until the next biennial election and until a successor is chosen and the county auditor upon the canvass and return of said vote by the county canvassing board, at the time of canvassing other election returns, shall issue a certificate of election to such news- paper receiving the highest number of votes cast at Said election. The owner, proprietor or authorized agent of a corporation owning such news- paper shall file a bond to the State of North Dakota of one thousand dol- lars for the faithful performance of the duties of such newspaper. (1921, S. L., eh. 62.) See Opiniins to the Attorney General, No. 65. ARTICLE 10.— GENERAL PROVISIONS. § 945. GOVERNS ALL BUT SPECIAL ELECTIONS. All elections for state, district, county, township, city and ward and other officers pro- vided by law, shall hereafter be held and conducted in the manner pre- scribed in this chapter, except as otherwise specially provided by law. (R. C. 1905, § 602; R. C. 1895, § 476, Ch. 27, § 1, Pol. C. 1877.) Applicability of constitutional or statutory provisions relating to general elec- tions, to elections other than for the selection of officers. 14 L. R. A. (N. S.) 850. See Nelson v. Gass, 21 N. D. 369, 146 N. W. 537. § m&. GENERAL ELECTION, WHEN HELD. On the first Tuesday after the first Monday in November of each even numbered yeir an elec- tion shall be held in the several election districts of the state which shaU be known as the general election, and the several state, district and county officers, judges of the supreme and district courts, members of the legislative assembly and members of the congress of the United States, shall be elected at the general election next preceding the expiration of the term of each of such officers, respectively, except such officei:s, as are 152 STATE OF NORTH DAKOTA required by law to be elected at special elections, and on a year when a president and a vice-president of the United States are to be chosen a number of electors of president and vice-president of the United States equal to the number of senators and representatives to which this state is entitled in the congress of the United States shall be elected at such election. (R. C. 1905, § 603; R. C. 1899, § 477; Ch. 27, § 2, Pol. C. 1877.) § 947. HIGHEST NUMBER OF VOTES ELECT. In all elections for the choice of any officer, unless it is otherwise expressly provided, the person receiving the highest number of votes for any office shall be deemed to have been elected to that office. (R. C. 1905. § 604; R. C. 1899, S 478; Ch. 27, § 43; Pol. C. 1877.) A minority vote for a qualified candidate does not entitle such candidate to the office even though the candidate receiving the highest number of votes was disqualified to hold office and such fact was known to the voters at the time of the election. However, the failure of the qualified candidate to receive a plur- aliy otf the votes cast renders the election a nullity. WoU v. Jensen, 36 N, D. 250, 162 N. W. 403. See notes 13 L. R. A. (N. S.) 1013, and 34 L. R. A. (N. S.) 240. § 948. WHO ENTITLED TO VOTE. Every male person of the age of twenty-one years or upwards, belonging to eitlier of the following classes, who shall have resided in the state one year, and in the county six months, and in the precinct ninety days next preceding any election, shall be a qualified elector at such election : First. Citizens of the United States. Second. Civilized persons of Indian descent who shall have severed their tribal relations two years next preceding such election, provided he has complied with the provisions of any law which is now or may in the future be in force relating to the registration of voters, and all persons possessing the qualifications mentioned in this section, and who have re- sided in this state one year, shall be eligible to any office in this state, except as otherwise provided in the constitution. (1911, ch. 131; R. C. 1905, § 605 ; 1885, ch. 52, § 1 ; Const. § 121 ; R. C. 1895, § 479 ; 1903, ch. 89 ; ch. 27, § 47, Pol. C. 1877.) See Amendments to the Constitution, articles 36 and 37i Presumption of naturalization from fact of voting. Kadlec v. Pavik, 9 N. D. 278. 83 N. W. 5. It is incompetent for the legislature to prescribe qualifications of voters or candidates for office in addition to those fixed in the constitution. Johnson v. Grand Forks Co., 16 N. D. 363, 113 N. W. 1071. Until county commissioners qualify, voters residing in a proixjsed new county are legal voters of the county about to be divided. Murray v. Davis, 21 N. D. 64, 128 N. W. 305. See Kerlin v. Devils Lake, 25 N. D. 247, 141 N. W. 756. Residence, see Nelson v. Gass, 27 N. D. 357; 146 N. W. 537, also note to § 14. also 20 C. J. 68, 9 R. C. L. 1030. Persons residing in abandoned military reservations entitled to vote if otherwise qualified. La Duke v. Melin, ....N. D 177 N. W. 673. ELECTION LAWS OF NORTH DAKOTA 153 Trust patent Indians may be electors. Swift t. Leach N. D 178 N. W. 437. How far right to TOte is absolute. 25 L. R. A. 480. Nature of occupancy of premises as effective elective franchise. 4 L. R. A. (N. S.) 698, 704, 711. Does "residence," as a qualification of voters mean "domicil." 19 L. R. A. (N. S.) 759. Acquiring residence as a voter while attending school or public institution. 23 L. R, A. 215; 40 L. R. A. (N. S.) 168. Payment of poll taxes as a qualification of electors. 29 L. R. A. 414. Tax of property qualification of voters. 25 L. R. A. 482. Disqualification of voters for crime. 25 L. R. A. 483. Effect on public election of wrongful disqualification of sufficient number of voters to have changed the result. 38 L. R. A. (N. S.) 1007. ACQUIRING RESIDENCE AS VOTER WHILE ATTENDING SCHOOL OR PUBLIC INSTITUTION. Some of the states have a constitutional provision to the e£Fect that a resi- dence is not gained or lost by reason of employment in the service of the United States, or state, nor while kept at an almshouse or asylum. This leaves the question to be determined by evidence outside of the fact of presence at such institution, although a residence may be gained there. It is generally held that the inmates of a soldiers' home do not acquire the right to vote by reason of their residence in such institutions, but there are many things to be considered in regard to the qualifications of a voter as to his acquir- ing a new residence; abandonment of his former residence, and the intention to make a change, are all factors in determining the question of his right to rote. Silvey v. Lindsay, 107 N. Y. 55, reversing 42 Hun. 116. Nor does he acquire a new residence by being in the government service at a certain place. People T. Holden, 28 Gal. 123; People v. Riley, 15 Cal. 48. Residence on lands ceded to the United States for navy yards, forts, and arsenals does not give the right to vote at state elections in such territory. Opinion of the Justices, 1 Met. 580; Re Highlands, N. Y. S. R. 795. INMATES OF ALMSHOUSE AND HOSPITALS. A pauper inmate of a poorhouse does not acquire thereby residence in a township in which a poorhouse is located, so as to enable him to vote there. Qark v. Robinson, 88 Dl. 498; Dale v, Irwin, 78 111. 170; Esker v. McCoy (Ohio) 6 Am. L. Rec. 694; Covode v. Foster, 4 Brewst. (Pa.) 414. But in the case of Re Elk Twp. Election, 14 N. J. L. J. 263, it was held that an aged man who had been for a year or two working for farmers in that town- ship, and whose only home was the county poorhouse in that township, was entitled to vote in that place. 23 L. R. A. 215. And a voter who left his place of residence with no intention of ever return- ing, and finally went to another township to the county infirmary, with the in- tention to remain there permanently, having no family and no other home, with no intention of removing, and having no settlement in any township, is entitled to vote where such infirmary is situated. Mallannee v. Hills, 2 Week, L. Bull. 61, 23 L. R. A. 215. So where there,is no constitutional or statutory provisions against an inmate of an almshouse acquiring a residence at such place, he may change his residence from his township and adopt and select one where the almshouse is located ai his residence, if he is a voter, and has no family in another township. Sturgeoa ▼. Korte, 34 Ohio St. 525. 154 STATE OF NORTH DAKOTA Persons at hospitals under treatment do not hereby obtain a residence there for the purpose of voting. Election Law, 9 Phila, 497. STUDENTS. See note, Ann. Cas. 1917 C. 403. A student at college, who is there for the sole purpose of obtaining an educa- tion, does not thereby necessarily acquire the right to vote at that place. Allen- town Contested Election Case, 8 Phila, 575; Rep. of Jud. Comm. Cush. Mass. Election Cases, 436; Vandepoel, v. O'Hanlon, 53 Iowa, 246, 36 Am. Rep. 216. And is not entitled to vote there, unless it was his intention to remain permanently, or for some indefinite time, although he abandoned his father's house as his home after he was of age, and intended to make the place where the college was situated his only home while he was to remain there. State v. Daniels, 44 N. H. 383. And, if students come to college for no other purpose than to receive an education, intending to leave after graduating, they do not acquire a residence at that place. Fry's Election Case, 71 Pa. 302, 10 Am. Rep. 698. There must be evidence of complete abandonment of the former residence; but absence from it would be regarded as temporary, and too much weight should not be attached to declarations of present or future purpose by a student after the question of residence is raised; there must be other satisfactory evidence tending to show abandonment. Lower Oxford Contested Election 11. Phila. 641, 23 L. R. A. 216. In the case of Granby v. Amhert, 7 Mass. 1, it was said that a student of a college does not change his domicil by his occasional residence at college. But the fact that a student has continued to reside in the place of the college for a period of seven years, supporting himself by his own eflForts and procuring a transfer of registration as voter, voting there and never voting at any other place, shows a bona fide intention to abandon the former residence. Shaeffer V. GUbert, H Md. 66. Proofs of change of domicil so as to overcome the presumption of the con- tinuance of the prior domicil, concurring with an actual residence of the student in the town where the public institution is situated, will be sufficient to establish his domicil, and give him a right to vote in that town. Opinion of the Justices, 5 Met. 587, 2i L. R. A. 216. A student who had formed the purpose of making W. his home for an in- definite period, when twenty -four years of age, and who was taxed there, and voted there for several years, is entitled to claim that place as his residence, although attending a theological institution in Massachusetts. Sanders y. Gctchell, 75 Me. 158, 49 Am. Rep. 606. In Pedigo v. Grimes, 113 Ind. 148, it was held that where voters after enter- ing the state university determine that place should be their residence, they have a right to vote there if their intention was formed and acted upon in good faith. 23 L. R. A. 216. It was held in Putnam v. Johnson, 10 Mass. 488, that a student at a theo- logical institution, of age, qualified, and not under his father's control, is entitled to vote at the place of such college, notwithstanding it may not be his expecta- tion to remain there forever. In this case, he had left his father's family several years before, and had become a resident of S. where he was taxed and permitted to vote; his father had ceased to support him, and he was at S. preparing him- self for an independent living, when he removed to the town the theological seminary was, which as he was on a charitable foundation, required a residence of three years. If students abandon their former home and come to the town where the seminary is situated, to make that town their residence, leaving to the future to determine whether they shall enter a profession or some other business in that town, they acquire a residence there. Re Ward, 29 Abb. N. C. 187. ELECTION LAWS OF NORTH DAKOTA 155 Under III. Rev. Stat. 1874, providing that a permanent abode is necessary to constitute a residence, students who are entirely free from parental control and regard the place of the college as their home and have no other to which to re- turn in case of sickness or domestic affliction, are entitled to vote there. Gen* erally, however, tmder-graduates of colleges are no more residents of a town ia which they pursue their studies than mere strangers Dale V. Ir^-in, 89 III. 170. In the case of Warren v. Board of Registration, 2 L. R. A. 203, 72 Mich. 398, it was stated that the provisions of the Michigan constitution in regard to acquiring and losing a residence while a student, do not prevent persons from becoming residents if such is their purpose and if they are able to choose. Sec. 949— Omitted, held unconstitutional. State v. Denoyer, 6 N. D. 586, 7$ N. W. 1014. WOMEN VOTES FOR CERTAIN OFFICERS. Ch. 254, S. L. 1917. § 1. All women, citizens of the United States of the age of twenty-one years or upwards, who shall have resided in the State one year and in the County six months, and in the precinct ninety days next preceding any election, shall be allowed to vote at such election for Presidential Electors, County Surveyors, County Constables, and for all officers of cities, villages and towns (except Police Magistrates and City Justices of the Peace) and upon all questions or propositions sub- mitted to a vote of the electors of such municipalities or other political divisions of this state. § 2. All such women may also vote for the following township of- ficers: Township Clerk, Assessor, Treasurer, Overseer of Highways and Constables, and may also participate and vote in all annual and special Township meetings in the Township in which such election shall be. § 3. Separate ballot boxes and ballots shall be provided for women, which ballots shall, to the extent to which such women may vote, as aforesaid, be the same as those provided for male voters, both as to can- didates and special questions submitted. At any such election where registration is required women shall register in the same manner as male voters. See Article 37, Amendments to the Constitution. The legislature has the power to authorize women to vote for village of- ficers. Spatgen v. O'Neil, 40 N. D. 618, 169 N. W. 491. See Cahill v. McDowell, 40 N. D. 625, 169 N. W. 499. State V. Hall, ....N. D 176 N. W. 921. ARTICLE IL— ELECTION PRECINCTS. Ch. 33. Sp. S. L. 1919. 9 1. PRECINCT DEFINED. Wherever In the Laws of the State of North Dakota relating to elections it is provided that a person in order to be a qualified elector at any election, shall have resided in the state one year, and in the county six months, and in the precinct ninety days next preceding any election, the word "precinct" la hereby defined and declared to mean the township, village, city or on- 156 STATE OF NORTH DAKOTA organized territory in which the person desiring to vote shall reside; and a person shall be deemed to be a qualified elector if, having the other qualifications prescribed by law, he shall have resided in the state one year, and in the county six months, and in such township, village, city or unorganized territory for ninety days next preceding any election. Wherever else in the Laws of the State of North Dakota relating to elec- tions the word "precinct" is used, it is defined and declared to mean and to be synonymous with the words "voting district" as hereinafter in this Act defined and provided for. S 2. VOTING DISTRICTS— HOW FORMED. The Board of Coun- ty Commissioners of each county in the state shall, at its first session after the taking effect of this Act, divide its county into voting districts and establish the boundaries of the same. The entirety of civil town- ships, cities or villages as voting districts shall be preserved when possible^ except when such preservation would be in conflict with the provisions of this Act. In such case the civil township, city or village, except as here- inafter provided, shall be divided into two or more voting districts, but in no case shall a voting district be composed of parts of two civil town- ships, or part of a township and city or village, except as hereinafter provided. No voting district shall contain more than five hundred elec-^ tors. The Board of County Commissioners of each county in this state shall, at its first session after the taking effect of this Act, in dividing the county into voting districts, use as a basis for determining the num- ber of electors residing in any given territory, the total number of elec- tors within such territory who voted at the general election held in November, 1918. If at any election hereafter held more than five hundred votes shall be cast in any voting district, it shall be the duty of the In- spector in such voting district to report such fact to the Board of County Commissioners, which Board shall at its next regular meeting, divide such voting district as nearly as possible, so that the new voting districts formed therefrom shall each contain five hundred electors, as nearly as practicable. § 3. VOTING PLACES— HOW DESIGNATED. At the meeting of the Board of County Commissioners of each county at which such Board shall divide its county into voting districts as hereinbefore provided for, the said Board shall designate one voting place in each voting district, provided, however, in case such voting place so designated becomes re- moved, destroyed or unavailable for any cause between the date when any regular or special meeting of the Board of County Commissoners is held and the date of any election if such voting districts be in a township, it shall be the duty of the Board of Supervisors to hold a meeting and designate by resolution and record on the township clerk's minute book a voting place at which such election shall be held, which voting place so designated shall continue to be the voting place of such voting district until the next meeting of the Board of County Commissioners, when said ELECTION LAWS OF NORTH DAKOTA 157 Board of County Commissioners shall designate a voting place as herein provided ; further, when a voting place designated by the Board of County Commissioners becoming removed, destroyed or imavailable is located within the limits of an incorporated town, village or city, such designation of a voting place shall be made by the Board of Trustees of the town or village, or by the City Council or Board of City Commissioners in case of a city, instead of the Board of Supervisors, and a record thereof shall be made in the record books of such municipality. Provided, further, that when a voting place designated by the Board of County Commissioners in a voting district composed of unorganized territory is removed, destroyed, or unavailable, such designation of a voting place shall be made by the Inspector of Elections for said voting district. The voting place in the town, village, city or unorganized voting district so designated shall be used as such until the Board of County Commissioners designates at its next succeeding meeting a voting place as herein provided. The voting place in each voting district designated by the Board of County Commis- sioners at its first meeting after the taking effect of this Act shall con- tinue to be the voting place of such district until changed by the Board of County Commissioners, or as hereinbefore provided. The Board of County Commissioners shall have authority to change any voting place in any voting district at any regular or special meeting. Nothing in this Act shall be construed as prohibiting townships adjoining or having within their boimdaries an incorporated city, town or village, of less than fifteen hundred inhabitants, from holding their election and having their voting place within the corporate limits of such city, town or village, providing the Board of County Commissioners, or, in case the place designated by the Board of County Commissioners becomes removed, destroyed or un- available for any cause between the date when any regular or special meeting of the Board of County Commissioners is held and the date of any election, the Board of Supervisors of the township, shall designate a place within such city, town or village as the voting place for such town- ship. Provided, further, that when the combined vote of any township and incorporated city, town or village, or the combined vote of any town- ship and any i>ortion of any incorporated city, town or village, within its boundaries, or within the town lines or section lines which form the boundaries thereof, does not exceed five hundred, such township and in- corporated city, town or village may have but one voting place. (C. L. 1913, 950; R. C. 1905, § 607; 1891, ch. 66, § 7; 1897, ch. 44; R. C. 1895, § 481 ; 1903, ch. 90; 1915, ch. 147; 1919, Sp. S. L. ch. 33.) Discretion of commissioners cannot be controlled by mandamus. State r. Denoyer, 6 N. D. 600. 72 N. W. 1014. Election precincts in cities. State v. Wilcox, 11 N. D. 329, 91 N. W. 955. County division line running through civil township. State v. Nichols, 39 N. D. 4, 166 N. W. 813. Where a voting place at a primary election is duly established by the County Commissioners, at a certain place, an election held at another place over three mOei distant, pursiiant to a resolution of a majority of the voters of the precinct 158 STATE OF NORTH DAKOTA assembled at a political meeting is unauthorized, and the returns of the election held at such place should not be canvassed. Elvick v. Groves, 17 N. D. 561, 118 N. W. 228, followed State v. Ely, 23 N. D. 619, 137 N. W. 834. See section 1030. See Opinions of the Attorney General, Nos. 66 and 67. See Fuerst v. Semmler, 28 N. D. 418, 149 N. W. 115. Validity of apportionment of election districts. 15 L. R. A. 561. Interference with election districts by annexation of property to mtmicipality. 27 L. R. A. 744. Effect of laches in iquestioning unconstitutional apportionment of election dis- tricts. 10 L. R. A. (N. S.) 1184. JOINT OWNERSfflP OF PUBLIC BUILDINGS. Ch. 45, Sp. S. L. 1919. § 1. Civil townships and incorporated towns or villages located within the boundaries thereof, may, when so author- ized by three-fourths of the legal voters of each, present and voting at separate elections, acquire and use jointly, public buildings and grounds within the corporate limits of either. The question of such joint acquisi- tion and use may be submitted at regular or legally called special elec- tion of both municipalities, held not more than three months apart, and when once submitted may not again be submitted within one year. § 2. Such townships, towns or villages may incur indebtedness and provide for the payment thereof, severally but not jointly, for the acquir- ing of such public buildings and grounds in the manner provided by Article 14, Article 24 and Article 25, of the Political Code of 1913, and acts amendatory and supplementary thereto, and within the limit pro- Tided by the Constitution. § 3. Such public buildings and grounds shall be in the joint custody and control of the governing boards of such villages and townships, which shall make and enforce lawful and reasonable regulations for the care, protection and use thereof. § 4. All meetings and elections of such municipalities provided by law to be held, and otherwise legally called and held, may be held in such public buildings whether wholly or partly within one or wholly or partly within the other. ARTICLE 12.— ELECTION OFFICERS AND THEIR DUTIES. § 951. INSPECTORS AND JUDGES OF ELECTION. QUALIFI- CATIONS OF. DUTIES. The chairman of the board of supervisors in organized townships shall by virtue of his office be inspector of elections. In case the township contains more than three hundred voters, such chairman shall be inspector of elections in the precinct in which he re- sides, and shall appoint the inspector in all other precincts which are component parts of the township of which he is chairman. In case the township and any incorporated town or village within its limits contain ELECTION LAWS OF NORTH DAKOTA 159 less than three hundred voters and such township or incorporated town or village have but one voting place, the chairman of the tow^nship board of supervisors shall be inspector of elections. In all cities in which the aldermen are elected in different years, the senior alderman shall be in- spector of elections for the precinct in which he resides; and in cities in which the aldermen are not so elected, the alderman who shall act as inspector of elections shall be determined by lot in such manner as the city council shall prescribe. In case a ward in any city contains more than three hundred votes, the senior alderman or the alderman chosen by lot shall be inspector of elections for the precinct in which he resides, and shall appoint the inspectors in all other precincts which are com- ponent parts of the ward of which he is alderman. In incorporated towns and villages the president of the town or village board of trustees shall act as inspector, and if the town or village contains more than three hundred voters, he shall act as inspector of the precinct in which he resides, and appoint the inspectors in the other precincts. In case the alderman designated or selected to act as inspector in any ward is dis- qualified from acting, the other alderman of the ward shall act as in- spector, and appoint other inspectors when necessary ; and in case the president of the board of trustees of any town or village is disqualified, the remaining members of the board shall select one of their number to act as such inspector, and appoint other inspectors when necessary. The inspector shall, prior to the opening of the polls in his precinct, appoint as judges of election two qualified electors of such precinct who shall have been resident freeholders therein for at least ninety days next pre- ceding such election, and who are members of different political parties and of the parties which cast the highest number of votes at the pre- ceding general election ; provided, that if at least one week prior to such election the chairman of the county central committee of either of the two parties that cast the largest number of votes in the state at the last general election, shall nominate a member of such party as judge, having the qualifications above prescribed, presenting a certificate of such nom- ination signed by such chairman, he shall be appointed by the inspector, and such judges together with the inspector shall constitute the board of elections. No person shall be a member of the board of elections who has anything of value bet or wagered on the result of such election, or who is a candidate or is the father, father-in-law, son, son-in-law, brother, or brother-in-law of any candidate at such election. If at any time before or during an election it shall be made to appear tb any in- spector, by the afladavit of two or more qualified electors of the precinct, that either of the judges is disqualified under the provisions of this sec- tion, he shall at once remove such judge and fill the place with a qual- ified person of the same political party as the judge removed, and in case such person so disqualified shajl have taken the oath of oflBce as pre- scribed by law, the inspector shall place such oath and aflSdavit before the state's attorney of the county; provided, that in case such inspector is 160 STATE OF NORTH DAKOTA disqualified from acting, the other two members of the board of town- ■ ship supervisors and the clerk shall, at least ten days before the date of holding the election, hold a meeting for the purpose of filling such ] vacancy. Such vacancy shall be filled by appointing an inspector who I shall belong to the same political party as the disqualified inspector, and | the name of the inspector so appointed shall at once be reported to the county auditor by such clerk. (R. C. 1905, § 608; 1893, ch. 60, § 5 ; 1897, j ch. 78; R. C. 1895, § 483; ch. 27, § 3, Pol. C. 1877.) j City commissioners are not required to select one of their number by lot, the J person so chosen to act as inspector in the precinct in which he resides and ap- j point the inspectors in the remaining precincts. McCurdy v. Lucas, 34 N. D. 613, 159 N. W. 22. \ Bi-partisan election boards. 9 R. C. L. 1013. \ See note on result of election as affected by lack of title or by defective title of election officers. 1 A. L. R. 1535. ; See Opinions of the Attorney General, No. 68. i § 952. INSPECTORS OF ELECTION IN UNORGANIZED TOWN- j SHIPS, HOW APPOINTED. In precincts consisting of unorganized town- ! ships the board of county commissioners shall at the July session of such i board next preceding an election appoint in each precinct, as inspector of such election, some qualified elector of such precinct. Such inspector shall ; before the time of opening the polls in his precinct appoint two judges « of election as provided in the preceding section and such judges and in- i spector shall constitute the board of election for that precinct. If any mem- ; ber of the board of election shall fail to appear at the hour appointed for the ' opening of the polls the remainder of the board shall select a member of his political party to serve in his stead; provided, that if the qualified ; electors of his party present at the polls shall nominate a qualified person ' for such vacancy, such nominee shall be appointed. If none of the mem- ' hers of the election board shall appear at the hour appointed for opening i the polls the qualified electors present shall elect a board viva voce as nearly as possible in conformity with the provisions hereof. (R. C. 1905, § 609; 1891, ch. 66, § 16b; R. C. 1895, § 484.) § 953. POLL CLERKS. Such board of election shall appoint as I poll clerks two qualified electors of the precinct, one from each of the two parties that cast the largest vote at the last state general election. (R. C. 1905, § 610; 1891, ch. 66, § 16c; R. C. 1899, § 485; ch. 27, § 4, ' Pol. C. 1877.) § 954. OATH OF ELECTION OFFICERS. Previous to the votes being taken the inspectors, judges and clerks of election shall severally take and subscribe an oath in the following form: "I, A. B., do solemnly swear (or aflBrm as the case may be), that I will perform the duties of inspector, judge or clerk (as the case may be), according to law and the best of my ability; and that I will studiously endeavor to prevent fraud, deceit and abuse in conducting the same." Such oath may be taken be- ELECTION LAWS OF NORTH DAKOTA 161 fore any officer authorized to administer oaths, and in case no such of- ficer is present at the opening of the polls the inspector or judges of election are authorized to administer such oaths to each other and to the clerks of election and the person administering such oaths shall cause an entry thereof to be made and subscribed by him and prefixed to the poll book. ( R. C. 1905, § 611 ; R. C. 1899, § 48G ; Ch. 27, Pol. C. 1877.) See Note, 1 A. L. R. 1542. § 955. POLL LIST, CLERK TO KEEP. Each clerk of election shall keep a poll list which shall contain in numerical order the names of all the persons voting at such election. (R. C. 1905, § 612; R. C. 1899, § 487; €h. 27. § 19. Pol. C. 1877.) § 956. DUTY OF INSPECTOR AND JUDGE TO CHALLENGE. If any inspector or judge of election shall know or have reason to believe that any person offering to vote is not a qualified elector it shall be his duty to challenge the right of such person to vote. (R. C. 1905, § 613; R. C. 1895, § 488 ; Ch. 27, § 23, Pol. C. 1877. ) Duty of election officer to accept sworn vote. 36 L. R. A. (N. S.) 968. ARTICLE 13.— ELECTION SUPPLIES. § 957. BALLOTS TO BE PRINTED AND DISTRIBUTED AT PUB- LIC EXPENSE. At all general or special elections for state, district, county, city, township, village or other public officers within this state, in- cluding elections in cities, towns and villages incorporated by special act, all ballots cast shall be printed and distributed at public expense, as here- inafter provided. The printing of ballots and cards of instruction for the electors in each county and the delivery of the same to the election officers as hereinafter provided shall be a county charge and for municipalities a municipal charge, the payment of which shall be provided for in the same manner as other county and municipal expenses ; provided, that the pro- visions of this chapter shall not apply to elections for civil township or school district officers, nor to elections in incorporated cities and villages having less than three hundred legal voters as evidenced by the vote cast therein at the last preceding city or village election. (R. C. 1905, § 614; 1891, ch. 66. § 1; 1893, ch. 60, § 1 ; R. C. 1895, § 489.) See sec. 902. Ballot provision is mandatory to extent that ballot must be provided substan- tially meeting statutory requirements permitting elector to vote for place thereon by making cross after it. Miller v. Norton, 22 N. D, 196, 132 N. W. 1080. § 958. ELECTOR MAY WRITE NAME OF CANDIDATE ON TICKET, WHEN. Except as otherwise provided in this chapter it shall be the duty of the auditor of each county to provide printed ballots for every election for public officers in which the electors or any of the elec- tors within the county participate and he shall cause to be printed on 162 STATE OF NORTH DAKOTA ^ the ballots the name of each candidate whose name has been certified : to or filed with him in the manner provided for in this chapter. Ballots , other than those printed by the respective county auditors shall not be \ cast or counted in any election. Nothing in this chapter shall prevent ] any voter from writing or pasting on his ballot the ntme of any person | for whom he desires to vote and such vote shall be counted the same as ! if printed on the ballot and marked by the voter. (R. C. 1905, § 615; i 1891, ch. 66, § 15; R. C. 1899, § 490.) : Official ballot is not invalidated by addition of printed blanket stickers. Roberts v. Bope, 14 N. D. 311, 103 N. W. 935. i Blanket sticker ballots are void. Peterson v. Bd. of Comm., 23 N. D. 553, j 137 N. W. 484. ; See sec. 857. ' Supreme court may, by mandamus, direct county auditor which of two sets \ of nominees to put on ballot. State ex rel. Howells v. Metcalf, 18 S. D. 393, 67 \ L. R. A. 331, 100 N. W. 923. \ § 959. BALLOTS. HOW PREPARED. All ballots prepared under \ the provisions of this chapter shall be vs^hite and of uniform quality of ; paper printed in black ink, and of sufficient width to contain all of the i tickets to be voted for, under the appropriate party designation for each j and of sufficient length to contain all the names of the candidates to be ] voted for at said election. On the left hand of said ticket shall be a I column designating the office to be voted for, and on the same line in the ; column under the appropriate party designation of each, all the names of ■ the candidates duly nominated for that office shall be printed. Where there is more than one person to be elected to an office, there shall be i printed in plain type immediately under the designation of the office to ; be voted for, the following words, "Vote for (number) names only; Mark X after name to be voted for and cross out names not desired. The names of the greatest number of candidates for such an office appearing I in either of the two left hand columns, or if said two left hand columns I have an equal number of names, then the first left hand column, and every second column to the right thereof on said ballot shall be alternated , in the printing of said official ballot for each precinct by changing the j iwsition of the names in each office division as many times as there are candidates for such office." There shall be a space between the party designation at the top of each column and the names at the head of the ; ticket of five-eighths of an inch, in the center of which there shall be a i square formed of black lines, in which the voter by his mark may de- ' Clare that he voted for all names printed in that column, except such as are erased, or pasted or written over, or where the voter places a cross (X) or mark following the name of a candidate in another column, such name shall be counted in lieu of the name for the same office in the col- umn voted for at the head of the ticket; provided, further, that where there are groups of names for a like position and a cross (X) is placed \ at the head of a party designation, and the voter places a cross or mark ELECTION LAWS OF NORTH DAKOTA 163 following the name of one or more candidates in a group, in another column and fails or neglects to strike out the same number of names in the column originally voted for, the intention of the voter shall be con- strued to having voted for the name or names in the group so marked and the name or names in the same line on the opposite group shall not be counted. There shall also be left under the name of each candidate suf- ficient space to write, or paste a name therein, in lieu of the one printed on the ticket, and on the same line with the name of each candidate, and at the end of his name there shall be a space enclosed in a square of black lines, in which the voter may designate by a cross or other mark, his choice for each candidate opposite the name of such candidate. The fact that a name has been written or pasted opposite the oflSce to be voted for shall be deemed suflacient evidence that the i)erson depositing such ballot intended to vote for the person whose name he has written or pasted thereon, and not for the person whose name was originally printed on the ballot whether he shall make a mark or cross opposite such writ- ten or pasted name or not. The names of candidates under headings designating each oflBcial position shall be alternated on the official ballot in the printing in the manner as provided by the primary election law. (Person nominated by paper or by petition shall be placed in one or more columns under the designation of "Individual Nominations," on the same line with the offices for which they are nominated.) Constitutional amendments duly certified to the auditor by the sec- retary of state or any question to be voted for aside from the election of public officers, shall be printed on a separate ballot and shall be deposited in a box separate from that provided to receive the ballots for public of- ficers. The ballots must embrace the constitutional amendments in full, and there shall be printed at the bottom of the amendments the word "yes" and underneath the same word "no," and opposite each a square formed of black lines, and the elector shall designate by a cross or other mark within the square how he desires his vote recorded. If the question be other than a constitutional amendment, it shall be stated fully and fairly on such ballot, and the words, "yes" and "no," shall be printed on the ballot at the close of the statement of the question in separate lines with a square formed of black lines after each in which the voter may indicate by cross or other mark how he desires to vote on the question. Where two or more amendments or questions are to be voted on they shall be printed on the same ballot. (1911, ch. 130; R. C. 1905, § 616; 1891, ch. 66, § 17; 1893, ch. 60, § 6; R. C. 1899, § 491; 1905, ch. 109.) Duty of secretary of state to certify proposition for new constitutional convention to county auditors, when. State ex rel. Wineman v. Dahl, 6 N. D. 81, 68 N. W. 418. A reasonable regulation of the manner of exercising the right of suffrage ia valid and constitutional. State v. Porter, 13 N. D. 406, 100 N. W. 1080. Supreme court may, by mandamus, direct county auditor which of two sets of nominees to put on ballot. State ex rel. Howells v. Metcalf, 18 S. D. 393, 67 L. R. A. 331, 100 N. W. 923. 164 STATE OF NORTH DAKOTA An elector must mark his ballot substantially as required by law. Vallier V. Brakke, 7 S. D. 343, 64 N. W. 180; Church v. Walker, 10 S. D. 90, 72 N. W. 101. Cross at the head of party ticket, but not within circle, is a nullity. Cross at the right of candidates name of no effect. Straight diagonal line at left of candidate's name should be disregarded. Informality in making cross should be disregarded, when intention is clearly apparent. Vallier v. Brakke, 7 S. D. ^43, 64 N. W. 180. Circles at the head of two different tickets makes the ballot void. Moody V. Davis, 13 S. D. 86, 82 N. W. 410; McKittrick v. Pardee, 8 S. D. 39, 65 N. W. 23; Vallier v. Brakke, 7 S. D. 343, 64 N. W. 180. Cross stamped within circle at head of party ticket not nullified by another cross made inadvertently just outside of circle. McMahon v. Polk, 10 S. D. 296, 73 N. W. 77, 47 L. R. A. 830. Marking within square mandatory. Howser v. Pepper, 8 N. D. 484, 79 N. W. 1018; Perry v. Hackney, 11 N. D. 148, 90 N. W. 483. Official ballot is not invalidated by addition of printed stickers. Roberts v. Bope, 14 N. D. 311, 103 N. W. 935. See note to sec. 958. As to necessity for majority vote on question of increased jurisdiction of county court. State ex rel. Davis v. Fabrick, 18 N. D, 402, 121 N. W. 65. When the name of a person is written or pasted upon the official ballot opposite the office to be voted for, it should be counted as a vote for such person for that office, even though there is no mark in the square opposite such name. A ballot on which the elector has marked a party square, and has marked the name of a candidate for an office in the opposition ticket, and has not marked the name of the candidate for such office on his party ticket by an individual mark, thus clearly expresses his intention to vote for the person whose name he has marked, and not for his party candidate, which intention must be given effect by counting it for the person whose name is so marked. Where a ballot contains other than legal marks, such marks will be presumed to have been innocently or unintentionally made, and such ballot will be counted, unless it appears from the marks themselves or by evidence aliunde, that they were intended as distinguishing marks: and whether a ballot which has distinguishing marks will be held void in absence of a statute so declaring not decided. A ballot which is marked with a single straight mark in the party square should be counted. Howser v. Pepper, 8 N. D. 484, 79 N. W, 1018. Form of ballot, referendum. Daly v. Beery, N. D , 178 N. W. 106. The petitioners have a right to have their names appear in the column of "'Individual Nominations", and they have a further right to have removed from this column all semblance of political party affiliation on the part of other candidates appearing in the same column except insofar as party affilia- tion may be inferred from the word or words used to designate the principles for which the nominees having individual nominations stand. State v. Hall, N. D , 179 N. W. 712. Marking ballot, 20 C. J. page 156, 9 R. C. L. 1135. A ballot on which a mark or character is used, which though indicating an intention to vote a particular party ticket or for certain candidates, at the same time serves the purpose of indicating who voted it, thereby furnishing the means to designing persons of evading the law, will be rejected under the Illinois ballot law, although nothing is said in that act about distinguishing marks. Parker v. Orr (1895) 158 111. 609, 30 L. R. A. 227, 41 N. E. 1002. 47 L. R. A. 820. ELECTION LAWS OF NORTH DAKOTA 165 Unauthorized marks not of a character to be readily used for the purpose of identification, or some slight mark inadvertently placed on the ballot by reason of the voter's unskilfulness, do not require the rejection of the ballot; but where the unauthorized marks are made deliberately, and may be used for the purpose of identifying the ballot, it should be rejected. Whittam t. Zaborik (1894) 91 Iowa 23, 59 N. W. 57. 47 L. R. A. 824. See Opinions of Attorney General Nos. 69 and 70. Irregularities in marking ballots. 16 L. R. A. 754. Validity and construction of law as to marking ballots. 47 L. R. A. 806. Official marks on ballots. 47 L. R. A. 808. Name not on official ballot, right of electors to vote for. 91 Am. St. Rep. 682. § 960. PRINTING OF CONSTITUTIONAL AMENDMENTS. When- ever required by law that ballots shall have printed thereon the full text of any proposed amendment to the constitution, each ballot on which is printed such a proposed amendment shall have the particular new word, words, phrase or phrases comprising such amendment emphasized as follows : (a) In case the proposed amendment consists of the addition of new words or phrases the heading shall read : To amend section of article of the consti- tution, by adding the words (here insert the words added) so as to read as following: (followed by the article as amended.) (b) In case the proposed amendment consists of the omission of certain words or phrases, the heading shall read : To amend section of article of the constitu- tion, by omitting the words (here insert the words omitted) so as to read as follows: (follow by the article as amended). (c) In case the proposed amendment causes a rearrangement and reconstruction of the particular article to be amended, then the heading «hall state briefly the object of such amendment. (1913, ch. 221, § 1.) § 961. ADVERTISEMENT OF PROPOSED CONSTITUTIONAL AMENDMENT. Any advertisement relating to the proposed amendment to the constitution which is published in any newspaper or pamphlet under the authority of the secretary of state shall also have the particular words or phrases forming the amendment printed in different type and in the same manner as provided in section 960. (1913, ch. 221, § 2.) § 962. CANDIDATE'S NAME IN ONE COLUMN ONLY. When the same candidate has been nominated for the same office by more than one assembly, convention or body of electors qualified to make nomina- tions for public oflSce, such candidate shall file with the proper officer designated in section 971, on or before the day fixed by law for the filing of certificates of nomination for such office, a statement in writing signed by himself designating one of the columns upon such ballot allotted to one of the parties, assemblies, conventions or bodies of electors by whom 166 STATE OF NORTH DAKOTA said candidate has been nominated, as to the column ui>on such ballot in which such candidate desires his name to appear upon such ballot, and such candidate's name shall be printed upon such ballot in such column, but in no other. But if such candidate shall refuse or neglect to give notice to the proper oflScer, as above provided, specifying in which column he wishes his name printed on the ballot, then in such case the said officer shall cause his name to be printed in the column of the party or political organization from which he received first notice of such person's nomination. (R. C. 1905, § 617; 1891, ch. 66, §17; 1893, ch. 60, § 6; 1897, ch. 76; R. C. 1899, § 491.) Not unconstitutional as interference with right of suffrage. State ex rel. Fisk T. Porter, 13 N. D. 406, 67 L. R. A. 473, 100 N. W. 1080, 3 A. & E. Ann. Cas. 794. Constitutionality of legislation affecting party representation on official ballot. 35 L. R. A. (N. S.) 353. Constitutionality of legislation restricting candidate to one place on ballot. Z7 L, R. A. (N. S.) 825. § 963. ARRANGEMENT OF NAMES. The candidates of the party casting the highest number of votes in the combined congressional dis- tricts of the state for members of congress at the last preceding general election shall be arranged in the first or left-hand column of such ballot; of the party casting the next highest number of votes, in the second column ; of the party casting the next highest number of votes, in the third column ; and of any other party as the secretary of state may direct for state officers, or the county auditor for county auditors, the municipal or city auditor, or, in municipalities or cities not having a municipal or city audtor, the municipal or city clerk, for municipal or city officers ; or the president of the board of trustees of incorporated villages for village officers, in presidential years. The names of electors of president and vice- president of the United States presented in one certificate of nomination shall be arranged in a group inclosed in brackets, to the right and opposite the center of which shall be printed in bold type the surname of the presidential candidate represented. To the right and in a line with such surname, near the margin, shall be placed a single square, and a mark within such square shall be designated a vote for all the electors, and such group shall be placed at the head of the column under the party designated or represented in such certificate. The auditor shall prepare the necessary ballots whenever any question is required by law to be submitted to a vote of the electors of any subdivision and not the state generally. The municipal or city auditor, or clerk, as the case may be, shall prepare and direct the printing and distributing of all ballots for municipal or city elections and for all questions that may be submitted to a vote of the electors of such municipality, except as provided in section 957. (1913, ch. 152; R. C. 1905, § 618; 1891, ch. 66, §17; 1893, ch. 60, § 6; 1897, ch. 76; R. C. 1899, § 491. ELECTION LAWS OF NORTH DAKOTA 167 It is the duty of city auditors to furnish ballots for election of city commis- sioners under chapter 45 of Laws of 1907. State ex rel. Shaw t. Thompson, 21 N. D. 426, 131 N. W. 231. An elector must mark his ballot substantially as required by law. Vallier V. Brakke, 7 S. D. 343, 64 N. W. 180. Circles at head of two different tickets makes the ballot Toid. Moody t. DaTis, 13 S. D. 86, 83 N: W. 410; McKittrick v. Pardee, 8 S. D. 39, 65 N. W.. 23; Vallier v. Brakke, 6 S. D. 343, 64 N. W. 180. Cross stamped within circle at head of party ticket, not nullified by another cross made inadvertently just outside of circle. McMahon r. Polk, 10 S. D. 296, 73 N. W. n, 47 L. R. A. 830. Marks outside square are not to be counted. Howser t. Pepper, 8 N. D. 484, 79 N. W. 1018. Official ballot is not invalidated by addition of printed stickers. Roberts T. Bope, 14 N. D. 311, 103 N. W. 935. See note to 958. On mandamus by supreme court to direct coimty auditor which of two sets of nominees to put on ballot. State ex rel. Howells v. Metcalf, 18 S. D. 393, 67 L. R. A. 331, 100 N. W. 923. Does marking some but not all of the candidates on a party ticket defeat the effect of marking under the party emblem as a vote for the omitted candi- dates, where no votes were cast for their opponents. 28 L. R. A. (N. S.) 461. "The nomination petitions of the candidates for presidential electors who desire to be designated as "Socialist" on the ballot are individual nominating petitions and do not purport to represent the action of the party as such taken in any convention of any kind or in any primary election. They are essentially individual nominations, and as such, they are not entitled to any grouping which would represent concerted party action. Neither is there any warrant for printing after their names upon the official ballot the designa- tion of a person who is commonly known to be the candidate of the Socialist party for president. Nor is there any warrant for the printing of a box be- side the name of the person who is regarded as the candidate of the Socialist party for President, in which it purports to be possible for the voter to vote by one cross for as many candidates for presidential electors as there are electors to be elected. (Section 959, C. L. 1913.) In brief, under the form of nominations made, the candidates who have stated that they desire to be designated as Socialists on the ballot are nothing more nor less than individual nominees and there is no warrant for any sort of grouping upon the ballot or for any type of designation thereon that will tend to connect them with the party known nationally as the Socialist party." "The petitioners have a right to have their names appear in the column of "Individual Nominations", and they have a further right to have removed from this column all semblance of political party affiliation on the part of other candidates appearing in the same column except in so far as party affiliation may be inferred from the word or words used to designate the prin- ciples for which various nominees having individual nominations stand. Thus, if a three -column ballot is used, it should contain at least one column devoted exclusively to individual nominations, and in that column there may not be placed the names of any candidates not purporting to stand on individ- ual nominations. If the "Socialist" President and Vice President electors remain in the column, there must be removed therefrom the grouping of their names, the name "Debs" in the center and immediately to the right of the group, and the square or box purporting to facilitate voting for the group as a unit." State v. Hall N. D 179 N. W. 712. (The form of certificate filed by the Socialist candidates in this instance 168 STATE OF NORTH DAKOTA followed the form used by the Progressive party in 1912, that is separate papers being filed for each candidate. (Below are given forms used by the Independence party and the Pro- hibition party respectively in 1908. Ed.) INDEPENDENCE PARTY NATIONAL TICKET. TO THE SECRETARY OF STATE OF THE STATE OF NORTH DAKOTA. We, legally qualified voters of the State of North Dakota residing at and having our Post Office addresses at the respective places set opposite our names establish the INDEPENDENCE PARTY for the state of North Dakota and nominate as our national committeeman for said state a legally qualified voter of the said State residing at the city of , County of and State of North Dakota, and nominate and select as chairman of our state central committee a legally qualified voter of said state whose Post Office address and residence is at County, North Dakota, and as secretary of said state central committee , a legally qualified voter of said state whose Post Office address and residence is at , County^ North Dakota. For President of the United States we nominate of , and for Vice-President of For Presidential Electors a legally qualified voter of said state whose residence and Post Office address is , County, North Dakota; of a legally qualified voter of said state whose residence and Post Office address is , County, North Dakota ; a legally qualified voter of said state whose Post Office address and residence is County, North Dakota; a legally qualified voter of said state whose res- idence and Post Office address is North Dakota. And we do hereby adopt and establish the name INDEPENDENCE PARTY and hereby create said party within and for said state, it having had not pre- vious existence herein. And we hereby, by this petition do establish said party substituting and waiving a regularly called convention. We further establish this party as a part of the national party which has adopted said name and demand that said party name, followed by the names of the candidates aforesaid for President, Vice-President, and Presidential Electors, be printed on the official ballot of this state to be submitted to the qualifijed electors of the state at the next regular Presidential Election and the general election in November next. This petition and demand being made under and by authority of the Constitution and laws of the United States and the Constitution and laws of the state of North Dakota, and by virtue of the right of the qualified electors of the several states to exercise their right to support such candidates and such party as they may see fit. Date. Name. Post Office Address. Residence. CERTIFICATE OF INDIVIDUAL NOMINATION for Presidential Electors of the Prohibition Party for the State of North Dakota. We, the undersigned citizens and qualified electors of the state of North Dakota, representing the Prohibition Party of said state, do hereby certify, and by these presents, do nominate for the office of Presidential Electors to rep- ELECTION LAWS OF NORTH DAKOTA resent the Prohibition Party, and as the candidates of such party at the 1908 general election, the following candidates, viz: whose post office address is , whose post office address is whose post office address is whose post office address is *.... NAME. ADDRESS. See note to 971a. § 964. COUNTY AUOITOR TO PREPARE BALLOTS. NUMBER. POLL BOOKS. The county auditor of each county shall provide for each election precinct in his county two ballots for each vote cast in such pre- cinct at the last general election. Such ballots shall be distributed in packages or blocks containing no more than one hundred and fifty ballots each. The county auditor may provide for any such precincts . such ad- ditional ballots as he may deem necessary. Each county auditor shall, at least five days before any election, have the ballots printed and the same may be inspected in the oflSce of such auditor by any person. Such auditor shall also, at least five days before any election, send to the in- spector in each precinct five copies of such ballot printed upon tinted paper, and such inspector shall post the same in five public places in his precinct, one of such copies to be posted at the polling place therein, for which services such inspector shall receive two dollars. The auditor shall at the time of distributing such copies cause to be delivered to the several nsi>ectors the necessary number of blank forms of poll books and also blanks for the election returns with the proper captions, forms of oath and forms of certificates and tally sheets necessary to carry out the provisions of this chapter. (R. C. 1905. § 619; 1891, ch. 66, § 18; 1893, ch. 60, § 7 ; 1895, § 492. Tally sheet no part of official returns. State ex rel. Sunderall v; McKenzie, 10 N. D. 132, 86 N. W. 231. Mandamus will lie to compel auditor to print and distribute ballots. State ex rel. Mitchell v. Larson, 13 N. D. 420, 101 N. W. 315. See Opinions of the Attorney General, No. 71. § 965. BALLOTS, HOW DELIVERED. OFFICIAL STAMPS. Each county auditor shall deliver or cause to be delivered by mail or other re- liable method, to the inspector of election in each precinct in his county, the official ballot prepared by him, together with suitable manilla wrap- pers as hereinafter provided, at least twenty -four hours before the hour of opening of polls on election day. Such ballots and manilla wrappers shall be delivered in sealed packages marked on the outside plainly designating the number of ballots inclosed and the precinct for which they are intended. He shall also deliver or cause to be delivered to such inspector, or if that is impracticable, to one of the judges of election of such precinct, a stamp with an ink-pad for the purpose of stamping each ballot with the words "official ballot" and the name or number of the 170 STATE OF NORTH DAKOTi^ : _ : , i I precinct, the name of the county, and tho date of the election, and aNo ■ a metal stamp with the name of the county inscribed thereon for the i purpose of stamping the wrapper containing the ballots as provided in ! section 1008. (1913, ch. 154 § 1 ; R. C. 1905, § 620; 1891, ch. 66, § 20 ; ' R. C. 1895, § 493.) i Validity of statute as to marking official ballot. 47 L. R. A. 806. ■ § 966. INSTRUCTIONS TO BE PRINTED. Each county auditor j shall cause to be printed on cards in large type full instructions to elec- ' tors as to the manner of obtaining and preparing ballots and also con- '■■ taining a copy of sections 1041, 1042. 9279 and 9280. He shall furnish \ ten Such cards to the judges of election in each election precinct and the : judges of election shall at the opening of the polls post at least one of [ such cards in each booth or compartment provided for the preparation of ! ballots and at least three of such cards in and about the polling place. ; There shall also be posted in each booth or compartment one of the of- ficial ballots without the official stamp hereinbefore provided for, and not ' less than three of such ballots shall be posted in other places in and ' about the polling place upon the morning of election. ( R. C. 1905, § 621 ; \ 1891, ch. 66, § 29; R. C. 1899, § 494.) j Instructions to voters should be sufficiently explicit so as to fully inform ! electors of proper method of preparing their ballots. State ex rel. Shaw v. Harmon, 23 N. D. 513, 137 N. W. 427. ' § 967. POLL BOOKS, CONTENTS OF AND HOW DELIVERED. \ It shall be the duty of the county auditor to provide uniform poll books j for the use of his county, each poll book to contain a copy of the law pre- i scribing the qualifications of electors and so much of this chapter as re- ! lates to the duties of the inspectors, judges and clerks of election and the penalties imposed for offenses; such poll book shall also contain blanks ^ for all entries required to be made therein ; he shall also deliver to the j sheriff two copies of said poll books for each election precinct in the county, and the sheriff shall deliver the same to each inspector of elec- ■ tion, and such inspector of election shall deliver or cause the same to ] be delivered to the clerks of election in his precinct on the day of elec- ^ tion. (R. C. 1905, § 622; R. C. 1895, § 495; Ch. 27, § 46, Pol. C. 1877.) I § 968. BALLOT BOXES TO BE PROVIDED BY BOARD OF COUNTY COMMISSIONERS. The board of county commissioners shall : at the expense of the county provide suitable ballot boxes for each election ! precinct in its county, and a separate ballot box in which the ballots of j women entitled to vote under this chapter shall be deposited. (R. C. 1905, §623; R. C. 1895, § 496; Ch. 27, § 16, Pol. C. 1877.) \ § 969. BLANKS TO BE TRANSMITTED BY SECRETARY OF ; 'STATE. The secretary of state shall at least thirty days before each : gfeneral election transmit to each county auditor blank forms and envel- j opes for all returns of votes required to be made to his (>ili( e, wirb such ] printed directions on the envelope as he deems necessary for the guid- ELECTION LAWS OF NORTH DAKOTA 171 ance of such olficers in making returns according to law; and the ex- penses of furnishing such blanks and envelopes shall be paid for by the state. (R. C. 1905, § 624; R. C. 1899, § 497; Ch. 27 § 4.S, Pol. C. 1S77.) § 970. STATE NOMINATIONS CERTIFIED HOW. All nomina- tions made by state conventions shall be certified as follows: The cer- tificate of nomination, which shall be in writing, shall contain the name of each person nominated, his post ofiice address and the oflSce for wMch he is named and shall designate in not more than five words the party or principle which such convention represents, and it shall be signed and verified by the presiding oflScer and secretary of such convention who shall add to their signatures their post office address. Such certificate made out as herein required shall be delivered by the secretary or pres- ident of such convention by registered letter or in person, without charge, to the secretary of state. (R. C. 1905, § 625; 1891, ch. 66, § 3; R. C. 1895, § 499; 1905, ch. 109.) Certificate of nomination must designate the office. Anderson v. Falley, 9 N. D. 464, 83 N. W. 913. Verification of certificate of nomination is not required. State ex rel. Cooper V. Blaisdell, 17 N. D. 575, 118 N. W. 225. nied when deposited in the post-office as registered mail. State t. Hall, ....N. D , 176 N. W. 117. See note to 854. See Opinions of the Attorney General, No. 72. § 971. CERTIFICATES OF NOMINATION, WHERE FILED. Cer- tificates of nomination for candidates for offices to be filled by the electors of the entire state or of any division or district greater than a county and for legislative offices shall be filed with the secretary of state. (R. C. 1905, § 626 ; 1891, ch. 66, § 4 ; 1893, ch. 60, § 4 ; R. C. 1899, § 500 ; 1905, ch. 109.) Supreme court has jurisdiction to issue mandamus to compel county auditor to receive and file certificates of nomination for county officers. State v. Larik, 9 N. D. 461, 83 N. W. 914. Secretary of state must certify to the proper county officer the names of all persons whose nominations for office have been filed with him. State v. Falley, 9 N. D. 450, 83 N. W. 860. No substitution of names when certificate of original nomination not filed in the office of the secretary of state. Lucas v. Ringsrud, 3 S. D. 355, 53 N. W. 426. Certificate of nomination for candidates for the legislative assembly must be filed with the secretary of state. State v. Hall, ....N. D 176 N. W. 117. Question of genuineness of sigrnatures or qualifications of signers not to be raised by secretary of state. State v. Blaisdell, 17 N. D. 575, 118 N. W. 225. § 971a. NOMINATIONS NOT BY CONVENTIONS, HOW MADE. Candidates for public office may be nominated otherwise than in conven- tion in the manner following: a certificate of nomination containing the name of a candidate for the office to be filled with such information as is required to be given in certificates provided for in section 499 shall be 172 STATE OF NORTH DAKOTA signed by electors residing within the district or political division in and for which the officer or officers are to be elected,, in the following num- ber; the number of signatures shall not be less than three hundred when the nomination is for an office to be filled by the electors of the entire state and when the office is to be filled by the electors of a district less than the entire state the number of signatures shall not be less than ten per cent of the number of votes cast for member of congress at the last preceding general election, and when the office to be filled is in an in- corporated city, town or village the number of signatures shall not be less than ten per cent of the number of votes cast at the last preceding elec- tion held therein ; provided, that in no case shall more than three hun- dred signatures be required. Such signatures need not be appended to one paper. Each elector signing a certificate shall add to his name his post office address. Such certificate may be filed as provided for in sec- tion 500 in the same manner and with the same effect as a certificafte of nomination made by a party convention. The number of electors nec- essary to hold a mass convention shall be the same as the number of sig- natures required to nominate by petition. (1891, ch. 66, § 5 ; 1803, ch. 60, § 4; R. C. 1899, § 501.) See ch. 117, S. L. 1919, relating to nonpartisan elections. Only party certificate can be filed with the secretary of state. State ▼. Falley, 9 N .D. 455, 83 N. W. 860. The electors who have nominated him by petition represent no party or or- ganization. They merely represent themselves as electors. State v. Porter, 13 N. D. 406, 100 N. W. 1080. Certificates of nomination need not be verified. The word "Socialist" may be used to designate a political party. State v. Blaisdell, 17 N. D. 575, 118 N. W. 225. Party designation should appear after the candidate's name as printed on the Australian ballot. State v. Blaisdell, 20 N. D. 622, 127 N. W. 720. As held in State v. Blaisdell, 20 N. D. 622, 127 N. W. 720, the law provides for new parties and secures them the same privileges at elections that old parties have and ample means are provided for placing the names of candidates with their party designations on the ballot used at the general election. State v. Hamilton, 20 N. D. 608, 129 N. W. 916. Provides for the making of individual nominations, not Rarty nominations, and it is not inconsistent with the primary law as applied to regular primary elections. It has been established by adjudications in our sister states that nominations under similar sections are not entitled to be considered as party nominations. Phillips V. Curtis, 4 Ida. 193, 38 Pac. 405; State v. Rotwitt, 18 Mont. 502, 46 Pac. 370; Atkeson v. Lay, 115 Mo. 538, 22 S. W. 481; McCrary, Elections, sec. 702, It is true that the supreme court of Minnesota, however, yielding to a custom of making party nominations m sparsely settled counties in mass conventions, has held that the nominees of mass conventions, properly called and held in obedience to such custom, were entitled to recognition as the representative ot such party. See Mansion v. Mcintosh, 58 Minn. 525, 28 L. R. A. 60S, 60 N. W. 672. State v. Hall, Z1 N. D. 264, 163 N. W. 1055. The law, except, perhaps in cases presenting unusual conditions, does not authorize electors who may make a nomination by petition to make their nom- inees the nominees of an organized political party whose name they may select. ELECTION LAWS OF NORTH DAKOTA 173 provided such party is authorized to make a nomination by conyention or pri- mary meeting held for the purpose of making nominations. State t. Rotwitt, 18 Mont. 502, A6 Pac. 370, PhiUips v. Curtis, 4 Ida. 193, 38 Pac. 405; Atkeson t. Lay, 115 Mo. 538, 22 S. W. 481. (In Atkeson v. Lay supra, the court also says : "The law makes no provision for the .nomination of candidates by a political party of less strength than the required 2%, or in any other manner than by a convention of delegates or a primary election; and only candidates so nominated become the nominees of a political party, and as such entitled to go upon the ballot to be so voted for. Candidates nominated by electors are not the nominees of a political party, but of the individual electors nominating them and only as such are entitled to ffo upon the ballot." If our court in the Burtness case, adopted this construction of the law it hai apparently overruled State v. Blaisdell, 20 N. D. 622, without discussing the con- stitutional questions raised in that case.) If the opporttmity is ofiFered for the minor parties to make nominations by petition and in this way to obtain representation on the ballot at the election, though they are required to follow a different mode of procedure to accomplish this purpose, there is no denial of the ultimate right or privilege of the electors of voting for the candidate of their choice with equal ease and facility. The diflFerence in the mode of obtaining representation on the official ballot is reasonably suited to the proper direction, supervision and control of the greater parties at the primaries with the view of securing a free and equal ballot. 9 R. C. L. 1083, citing Ladd v. Holmes, 40 Or. 167, 66 Pac. 714, 91 Am. St. Rep. 4SS. See also State v. Burdick, Wyo 46 Pac. 854, Simpson v. Osbom, 52 Kan. 328, 34 Pac. 747, Davidson v. Hanson, 87 Minn. 211, 92 N. W. 93. McBroom t. Brown Colo 127 Pac. 957. Political parties result from the voltmtary association of electors. They do not exist by operation of law; and they possess plenary powers as to their own affairs in the absence of legislative regulation. Any number of electors may organize a new party and until they come with- in the purview of the primary election law by having had a candidate for gOT- emor at the last preceding general election, they may certify their nominations in the manner prescribed by article 6, C. 19 Rev. Pol. Code, Morrow v. Wipf, 22 S. D. 159. Certificate under this section is of the same force, eflFect and character as a certificate of nomination otherwise provided for. State v. Hall, N. D 176 N. W. 117. It appears that the presidential electors who are designated as "Socialist*'" upon the ballot were nominated by separate, individual petitions in which the petitioning electors did not purport to act as a party. The only statement in the petition in any way indicating the political principle which it was desired to have represented on the ballot is the request that the name of the candidate "be designated Socialist." Each of the affidavits filed by the nominees states, however, that he is a candidate of the Socialist party, and each petitions that his name be designated "Socialist" upon the ballot. Under the form of nomination made, the candidates are nothing more nor less than individual nominees, and there is no warrant for any sort of grouping upon the ballot or for any type of designation thereon that will tend to connect them with the party nationally known as the Socialist party. State v. Hall, ....N. D , 179 N. W. 712. See 20 C. J., page 109. See Opinions of the Attorney General, Nos. 73 to 77 inclusive. f 972. CERTIFICATE TO CONTAIN BUT ONE NAME. No cer- tificate of nomination shall contain the name of more than one candidate 174 STATE OF NORTH DAKOTA for each oflSce to be filled. No person shall participate directly or in- directly in the nomination at caucus, in convention or by petition of more than one i)erson for each office to be filled, and no person shall accept nomination for more than one office. No political party shall be entitled to have placed upon the official ballot more than one set or list of nominees for any state, county, city or other municipal office to be voted for in said state, county, city or municipality; and in case two or more organizations claiming or purporting to represent the same political party, shall file certificates of nomination under the same party designa- tion, or such certificates indicate that the nominations therein mentioned were made by any person or any organization representing; the same political party, the secretary of state, in cases where such certificates are filed in his office, shall within the time prescribed by law for cer- tifying state nominations to the county auditor, determine from the best available sources of information which organizaton filing such certifi- cates has been longest in existence as a political organization represent- ing such party; and only the nominees named by such organization, longest in existence, shall be certified to the county auditor, and such nominations only shall be printed on the official ballot. (And in case two or more organizatons claiming or purporting to represent the same political party shall file certificates of nomination with the county audi- tor, city auditor, or clerk of any municipality, or such certificates indi- cate that the nominations therein mentioned were made by persons or organzations representing the same political party, the county audi- tor shall determine from the best available sources of information which organization, filing such certificates, has been longest in existence as a political organization representing such party ; and only the nomina- tions made by such organization longest in existence shall be printed on the official ballot; provided, however, that the decision of the officer determining which organization has been the longest in existence in representing such party, shall be subject to review by the court in a proper action instituted for such purpose ; and provided, further, that this section shall not be construed to prohibit any new organization from nominating any person or persons for an office and having such nomina- tion placed on the official ballot, but such organization shall not adopt the name or designation of the political party represented by the oldei organization, if still in existence, and the certificate of nomination filed by it shall, by clear and distinct language, indicate and show that the organization filing it represents a separate and distinct political party. (R. C. 1905, § 627; 1891, ch. 66, § 6; R. C. 1895, § 502; 1901, ch. 48.) Inapplicable to case where both conventions claim under same party call. State ex. rel. Buttz v. Lindahl, 11 N. D. 320, 91 N. W. 950. See Opinions of the Attorney General, Nos. 78 and 79. § 973. CERTIFICATE OF NOMINATION. WHEN TO BE FILED. Certificates of nomination to be filed with the secretary of state shall be filed not less than thirty days before the days fixed by law for election ELECTION LAWS OF NORTH DAKOTA 175 of persons in nomination. Such certificate of nomination may be sent by registered letter deposited in the post office on or before the last day, and the receipt therefor filed with the county auditor (certificates of nomina- tion herein directed to be filed with the auditor shall be filed not less than twenty-five days before the election, but the provisions of this section shall not apply to nominations for special elections to fill vacau' cies caused by death, resignations or otherwise.) The secretary of state and the several county auditors shall cause to be preserved in their respective offices for six months all certificates of nomination filed therein under the provisions of this article. All such certificates shall be open to public inspection under proper regulations to be made by such officers. (1913, ch. 156, § 1; R. C. 1905, § 628; 1891, Ch. 66, § 8; R. C. 1895, § 903.) Mandatory as to time. EfiFect when last day falls on Sunday. Time how computed. State ex rel. Anderson v. Falley, 9 N. D. 464, 83 N. VV. 913. State V. Bumham, 20 N. D. 405, 127 N. W. 504. Exception not to be read into other sections. State v. Hall, Z7 N. D. 259, 163 N. W. 1055, but see State v. HaU N. D , 176 N. W. 117. § 974. SECRETARY OF STATE TO CERTIFY NOMINATIONS FOR STATE OFFICE. Not less thin thirty d lys nor more than thirty -five days before an election to fill uuy .sinte or district office, the secretary of state shall certify to each county auditor within which any of the electors may by law vote for candidates for such office, the name and post office address of each person nominated for such office as specified in the certificates of nomination filed with him. (1913, ch. 156, § 2; R. C. 1905, § 629; 1891, ch. 66, § 9; 1895, § 504.) See section 877. Where proceedings are commenced to compel the secretary of state to certify names of nominees, it is no defense on his part to set up facts showing that such nominations were not in fact made in the manner required by the statute. State V. Falley, 8 N. D. 90, 76 N. W. 996, but see State v. Falley, 9 N. D. 450, 83 N. W. 860, State v. Lavik, 9 N. D^ 461, 83 N. W. 914. State v. Porter, 11 N. D.- 309, 91 N. W. 944. Action of state convention on county contest, conclusive. State v. Lindahl, 11 N. D. 320, 91 N. W. 950, State v. Larson, 13 N. D. 420, 101 N. W. 315. When certificates filed are legal in form, it is no part of the duty of the secretary of state to examine into the facts recited, to ascertain their truth or falsity. State v. Blaisdell, 17 N. D. 575, 118 N. W. 225. See state v. Blaisdell, 18 N. D. 55, 24 L. R. A. (N. S.) 465, 138 Am. St. Rep. 741, 118 N. W. 141 ; State v. Blaisdell, 34 N. D. 321, 159 N. W. 401. Applicable to special elections. State v. Hall, 37 N. D. 259, 163 N. W. 1055. Has no application to special elections. State v. Hall N. D 176 N. W. 117. The secretary of state is a proper but not a necessary party to an informa- tion to compel the county auditor to put on the official primary ballot the name of a candidate for senator, which action had been withheld on the ground that there was no vacancy, the certifying of the vacancy being a ministerial duty of the Secretary. State ex rel. Williams v. Meyer, 20 N. D. 628, 127 li-. W. 834. § 975. NOMINATIONS TO BE PUBLISHED, WHEN. At least ten days before an election to fill any public office under the provisions of 176 STATE OF NORTH DAKOTA this chapter the county auditor of each county sliall ciiuse to be pub- lished in one or more newspapers- witliin the county the nominations certified to him under the provisions of tliis chapter. The auditor shall make such publications daily until the election, in counties where daily newspapers are published ; but if there is no daily newspaper published within the county two publications in each newspaper will be suflS- cient ; and if there is no newspaper published in any county, written or printed notices shall be posted in at least three public places in each pre- cinct. ( R. C. 1905, § 630; 1891, ch. 66, § 10 ; R. C. 1895, § 505.) Four weeks' publication of notice of submission of county division proposition is not necessary. State ex rel. Miller v. Miller, 21 N. D. 324, 131 N. W. 282. Publication of proposed constitutional amendments. State v. Hall, 35 N. D. 34, 159 N. W. 281, State v. Hall, ....N. D 171 N. W. 213. § 976. IN CASE NOMINEE DECLINES, CERTIFICATE VOID. Whenever any person nominated for public office as in this chapter pro- vided, shall, at least thirty days before election, in writing notify the officer with whom the certificate nominating him is filed that he declines such nomination, such nomination shall be void. (1913, ch. 156, § 3 ; R. C. 1905, § 631; 1891, ch. 66, § 11 ; R. C. 1899, § 506.) See sections 861, 879. § 977. VACANCIES ON TICKET, HOW FILLED. Should any person so nominated die before the printing of the tickets or decline the nomination as in this chapter provided or should a vacancy occur upon the ticket for any other cause the vacancy thus occasioned may be filled in the manner required for original nominations. If the original nomination was made by a party convention which had delegated to a committee the power to fill vacancies, the committee of the political party in whose ticket such vacancy occurs may fill the same. The chair- man and secretary of such committee shall thereupon make and file with the proper oflBcer a certificate setting forth the cause of the vacancy, the name of the person nominated, the name of the oflfice for which he was nominated, the name of the person for whom the new nominee is to be submitted, the fact that the committee was authorized to fill vacan- cies and such further information aS is required to be given in an original certificate of nomination. When such certificate shall be filed with the secretary of state he shall, in certifying the nomination to the various auditors, insert the name of the person who has thus been nom- inated to fill a vacancy in place of that of the original nominee. And if he has already forwarded his certificate he shall forthwith certify to the auditor of the proper county the name and post oflice address of the person so nominated to fill a vacancy, the office he is nominated for, the party or political principle he represents and the name of the person for whom such nominee is substituted. A failure to publish the name of a person so substituted shall not invalidate the election. (R. C. 1905, § 632; 1891, ch. 66, § 12; R. C. 1895, § 597.) ELECTION LAWS OF NORTH DAKOTA 177 No substitution of names when certificate not filed. Lucas v. Ringsrud, 3 S. D. 355. 53 N. W. 426. The power of a party committee to fill vacancies on an election ballot, under sections 977 and 978, can be exercised where a vacancy occurs after a regular nomination, but not to make an original nomination. State v. Hall, 37 N. D. 259, 163 N. W. 1055. When does vacancy in party ticket occur within statute authorizing filling of vacancies. 41 L. R. A. (N. S.) 1088. § 07S. VACANCY OCCURRING AFTER TICKETS ARE PRINTED. When any vacancy occurs before election day and after the printing of the tickets and any person is nominated according to the provisions of this chapter to fill such vacancy the oflScer whose duty it is to have the tickets printed and distributed shall thereupon have printed on a requi- site number of stickers the name of such substituted candidate and no other name, and shall mail them by registered letter or send by other reliable method to the judges of election in the various precincts affected by such vacancy, and the judges of election whose duty it is to dis- tribute the tickets shall affix such stickers in the proper place on each ticket before it is given out to the electors. (R. C. 1905, § 633; 1891, ch. 06, § 13; R. C. 1899, § 508.) § 970. CONSTITUTIONAL AMENDMENTS TO BE ADVERTISED. Whenever a proposed constitutional amendment or other question is to be submitted to the people of the state for popular vote the secretary of state shall, not less than thirty days before election, certify the same to the auditor of each county in the state and the auditor of each county shall include the same in the publication provided for in section 975. Qu^tiona to be submitted to the people of the county shall be advertised as pro- vided for nominees for office in such section. (R. C. 1905, § 634: 1891, ch. 66. § 14; R. C. 1899, § 509.) Courts will not enjoin submission of constitutional amendment. State v. Thorson, 9 S. D. 149, 68 N. W. 202, 33 L. R. A. 582. Four weeks' publication of notice of submission of county division proposi- tion is not necessary. State ex rel. Miller v. Miller, 21 N. D. 324, 131 N. W. 282. Publication, of proposed constitutional amendment. State v. Hall, 25 N. D. 34, 159 N. W. 281, State v. Hall, ....N. D , 171 N. W. 213. See Opinions of the Attorney General, No. 80. § 980. PUBLICATION OF NAMES. ERROR, HOW CORRECTED. Whenever it shall appear by affidavit that an error or omission has occurred in the publication of the names of the persons nominated or in the printing of the ballots the judge of the district court may upon ap- plication of an elector make an order requiring the auditor to show cause why such error should not be corrected and upon the hearing thereof he may make such order as the facts warrant. (R. C. 1905, § 635: 1891, ch. 66: § 19; R. C. 1895, § 510. Supreme court may, by mandamus, direct coimty auditor which of two sets of nominees to put on ballot. State ex rel. Howells v. Metcalf, 18 S. D. 393, 67 L. R. A. 331, 100 N. W. 923. This section we are induced to think relates solely to errors or omissions 178 STATE OF NORTH DAKOTA on the part of county auditors in printing the official ballots. Certainly if it can relate to errors further back it is not exclusive. State v. Falley, 8 N. D. 90, 76 N. W. 9%. ARTICLE 14.--N0TICE OF ELECTION. § 981. NOTICE OF ELECTION, HOW GIVEN. The secretary of state shall, between the first days of July and September in such year, direct and cause to be delivered to the county auditor of each county a notice specifying all the state oflBcers whose term of office will expire between the first Monday in December and the first Monday in January next succeeding and specifying also the several officers to be chosen in such county at the next general election. The auditor to whom such notice is delivered shall cause notice of the same to be given as provided in the next section. (R. C. 1905, § 636; 1892, Sp. ; R. C. 1899, § 511.) § 982. NOTICE OF ELECTION TO BE PUBLISHED. FORM. POSTED, WHEN, The county auditors of the several counties shall cause notice of any election to be published in each of the newspapers designated by the board of county commissioners for the publication of their official proceedings at least once in each week for four consecutive weeks next preceding such election. Such notice shall be as nearly as circumstances will admit, as follows : Notice is hereby given that on Tuesday, the da.v of next, at in the township or precinct of in the county of an election will be held for state, dis- trict or county officers (naming the offices to be filled as the same may be), which election will be opened at eight o'clock in the morning and will continue open until five o'clock in the afternoon of that day. Dated this day of A. D. 19 (Signed) A. B., County Auditor. In case there shall be no newspaper published in the county in which such election is to be held, the county auditor shall deliver three copies of such notice for each precinct to the sheriff, coroner or other person designated by the board of county commissioners and such sheriff, coroner or other person shall post in three of the most public places in each precinct the notice pertaining to such precinct, at least twenty days previous to the time of holding any general election and at least eight days previous to the time of holding any special election, and in cases where townships are not set oft" by law as election districts, such notices shall be posted as follows : One at the house where the election Is authorized to be held and two at two of the most public places in that vicinity. The officer or person shall thereafter file with the county auditor an affidavit of such i>osting which shall be prima facie evidence of the facts therein stated. (R. C. 1905, § 637; 1887, ch. 51, § 5; R. C. 1899, § 512,) Notice of special election posted in one precinct of a county only is fatally defective. Territory v. Steele, 4 Dak. 78, 23 N. W. 91. ELECTION LAWS OF NORTH DAKOTA 179 Publication of notice of county division governed by 975 and 979. State v. Miller, 21 N. D. 324, 131 N. W. 282. Necessity for notice or proclamation. 120 Am. St. Rep. 794. First and last days in computing time of elections. 49 L. R. A. 244; IS L. R. A. (N. S.) 691. Irregularities in calling and conducting election, 83 Am. Dec. 749. ARTICLE 15.— CONDrCT OF ELECTIONS. § 983. WHEN POLLS ARE TO BE OPENED AND CLOSED. At all general and special elections held under the provisions of this chapter, the polls will be opened at nine o'clock A. M., and closed at nine o'clock P. M. Twenty minutes prior to nine o'clock P. M. the inspector shall proclaim to the electors outside, the number of minutes before the polls will be closed and that such closing will be precisely at nine o'clock P. M. (1919, ch. 119; 1907, ch. 110; R. C. 1905, § 638; 1891, ch. 66, § 40; R. C. 1899, § 513; ch. 27, § 10, Pol. C. 1877.) § 984. EXAMINATION OF BALLOTS AND BOX AT OPENING OF POLLS. On the opening of the polls the inspector in each precinct shall produce the sealed package of official ballots and publicly open the same and deliver one block of ballots to the ballot clerk, retaining the other blocks if any until they are needed for voting. Before declaring the polls open such inspector shall see that the ballot box is empty and allow the judges to satisfy themselves thereof after which such box shall be locked. (R. C. 1905, § 639; 1891, ch. 66, § 21 ; R. C. 1899, § 514.) § 985. OFFICIAL BALLOT, HOW GIVEN TO ELECTOR. The in- spector or one of the judges of election shall deliver ballots to the quali- fied electors. Before delivering any ballot to an elector the inspector or judge shall print on the back and near the top of the ballot with d. stamp provided for that purpose, the designation "'official ballot" and the other woikIs provided for in section 965 and also write his initials thereon. Each qualified elector shall be entitled to receive from the judges one ballot. (R. C. 1905, § 640; 1891, ch. 66, § 623; R. C. 1899, § 515.) If ballot is not stamped and initialed as statute directs, it is not an of- ficial ballot, and hence cannot lawfully be voted, or if voted, cannot law- fully be counted. MUler v. SchaUem, 8 N. D. 395, 79 N. W. 865. See Section 1006. Ballot provision is mandatory to extent that ballot must be pro- vided substantially meeting statutory requirements permitting elector to vote for place thereon by making cross after it. Miller v. Norton, 22 N. D. 196, 132 N. W. 1080. See Purest v. Semmler, 28 N. D. 422, 149 N. W. 115. Effect of officers numbering or otherwise supplying means of identify- ing ballots. 32 L. R. A. (N. S.) 730. Failure to endorse ballot, 47 L. R. A. 808. § 985a. MARKING BALLOTS. MANNER OF VOTING. On receipt of his ballot the elector shall forthwith and without leaving the polling place retire alone to one of the booths or compartments provided, to pre- pare his ballot by placing a cross (X) mark within the circle before the 180 STATE OF NORTH DAKOTA name of each person for whom he wishes to vote, or the elector may \ write in the blank space or paste over any other name the name of any | person for whom he may wish to vote, but the name of no candidate i shall be counted which has not the cross (X) mark either written or i printed within the circle, before such name ; or in case of a ballot con- i taining a constitutional amendment or other question to be submitted to j a vote of the people, by placing a cross-mark within the circle before i the word or words expressing his wish and for which he desires to vote. After preparing his ballot the elector shall fold it so that the face of ; the ballot will be concealed and the indorsement stamped thereon may be seen. He shall then vote forthwith and before leaving the polling place '. and after voting he shall immediately leave the room. (1899, § 516, ; 1893, Ch. 60, § 8.) i Express authority for writing in names or pasting on names. Roberts v. ' Bope, 14 N. D. 315, 103 N. W. 935. ; (This section is omitted from the Revised Codes of 1905 and from the ; Compiled Laws of 1913. Though the manner of marking the ballot is im- ^ doubtedly governed by sec. 959, the other provisions may still be effective. j Ed.) ! § 986. ONLY ONE PERSON IN BOOTH. Not more than one person ; shall be permitted to occupy any one booth or compartment at one time i and no person shall remain in or occupy a booth or compartment longer [ than may be necessary to prepare his ballot and in no event longer than five minutes when the other booths or compartments are occupied. (R. C. i 1905, § 641; 1891, ch. 66, § 25; R. C. 1899, § 517.) i § 987. IN CASE ELECTOR SPOILS BALLOT. No person shall i take or remove any ballot from the polling place before the close of the : polls. If any voter spoils a ballot he may successively obtain others, one i at a time, not exceeding three in all, upon returning each spoiled ballot. I The ballots thus returned shall be immediately cancelled and together ; with those not distributed to the voters shall be preserved and secured in sealed packages and returned to the county auditor from whom re- ! ceived. (R. C. 1905, § 642; 1891, ch. 66, § 26; R. C. 1899, § 518.) ■ § 988. IN CASE OF DISABILITY OF ELECTOR. Any voter, who | declares to the judges of election or when it appears to the judges of elec- ' tion that he cannot read or that by blindness or other physical disability he ' is unable to mark his ballot-shall, upon request, receive the assistance of two \ of the election officers in the marking thereof who shall be chosen from 1 different political parties, and such officers shall give no information | regarding the same. The judges may in their discretion require such ! declaration of disability to be made by the voter under oath and they ' are authorized to administer such oath. No elector, other than one who ; is unable to read or on account of physical disability is unable to mark i his ballot, shall divulge to any one within the polling place the name of any candidate for whom he intends to vote or ask or receive the assistance < ELECTION LAWS OF NORTH DAKOTA 181 of any person within the polling place in the preparation of his ballot. (R. C. 1905, § 643; 1891, ch. 66, § 27 ; R. C. 1895, § 519.) Assisting voter. 40 L. R. A. (N. S.) 535. Assistance in preparing ballots, rendered by unauthorized person, as aflFecting their validity. 29 L. R. A. (N. S.) 1170. See 9 R. C. L., page 1103. See Article 2 of Amendments to Constitution. The primary purpose and object of the Australian ballot election law is to secure the independence of the elector by requiring of him the exercise of his right of franchise in absolute secrecy, and statutes, mandatory in their character, designed to accomplish this end, are mandatory on both the officials and the electors. Where electors voluntarily permit other persons than the authorized or acting poll clerks to assist them in the preparation of their ballots, the said ballots will be held to be intentionally exposed and will be rejected. Board V. Dill, 110 Pac. 1107; 29 L. R. A. (N. S.) 117a § 989. JUDGES TO DEPOSIT BALLOT IN BOX. When a ballot shall be received one of the judges without opening the same or per- mitting it to be opened or examined except to ascertain whether it is a single ballot or not shall deposit it in the ballot box. (R. C. 1905, § 644; R. C. 1899, § 520; Ch. 27, § 18, Pol. C. 1877.) Only one ballot box in each voting precinct with separate one for women, is authorized. State ex rel. Byrne v. Wilcox, 11 N. D. 329, 91 N. W. 955. § 990. ELECTION BOOTHS. FALSE SWEARING. PENALTY. The inspectors of election shall provide in their respective polling placea a sufficient number of booths or compartments w^hich shall be furnished with such supplies and conveniences as to enable the voter conveniently to prepare his ballot for voting, and in which electors may mark their ballots, screened from observation and a guard rail with an opening sa constructed that only persons within such rail can approach within ten feet of the ballot boxes or booths or compartments herein provided for; provided, that the number of booths or compartments shall not be less than one for each fifty electors or fraction thereof, in the precinct. No election shall be held in a room in which spirituous or malt liquors are commonly sold. Not more than one elector for each booth shall be per- mitted within the railing at any one time. One challenger appointed and designated from each of the political party organizations shall be entitled to stand at the opening of the railing at the outside. If any person offer- ing to vote shall be challenged by one of such challengers or by any mem- bers of the board of election, such person shall, unless such challenge is withdrawn, stand aside and shall not vote unless he makes an affidavit that he is a legally qualified elector of the precinct, and any one who falsely swears in order to cast his vote shall be guilty of perjury, and upon conviction thereof shall be punished as prescribed in section 8702, chapter 12, penal code of the revised codes of 1905 (section 9375 herein.) The expense of providing . such booths or compartments and guard rails^ shall \w a public charge and shall be provided for in the same manner 182 STATE OF NORTH DAKOTA as Other election expenses. (1909, ch. 94; R. C. 1905, § 645; 1891, ch. 66, § 22; R. C. 1895, § 521; Ch. 27, § § 14 and 15, Pol. C. 1877.) A violation as to arranging guard rail and booths will not destroy secrecy o£ ballot. Perry v. Hackney, 11 N. D. 148, 90 N. W. 483. See Opinions of the Attorney General, Nos. 81 and 82. § 991. BALLOTS OB^ WOMEN TO BE DEPOSITED IN SEPARATE BOX. No ballot offered by any woman entitled to vote under this chapter shall contain the name of any person to be voted for at such election, except candidates for a school office, and no such ballot shall contain any proposition to be voted for except such as pertain solely to school matters ; and all such ballots shall be deposited in a separate ballot box, but shall be canvassed with the -ballots cast for candidates for school office by the male voters at such election. (R. C. 1905, § 646; R. 0. 1895, § 522.) Only one ballot box in each voting precinct, with separate one for women, is authorized. State ex rel. Byrne v. Wilcox, 11 N. D. 329, 91 N. W. 955. Right of women to vote. 21 L. R. A. 662, 27 L. R. A. (N. S.) 522. ARTICLE 16.— ABSENT VOTERS. § 992. ABSENT VOTER. WHO MAY VOTE. Any qualified elector of this state having complied with the laws in regard to registration, who is absent from the county of which he is an elector on the day of holding any general or primary election, may vote at any such election as hereinafter provided. (1913, ch. 155, § 1.) See Opinions of the Attorney General No. 83. § 993. APPLICATION FOR BALLOTS, MADE WHEN. At any time within thirty days next preceding such election, any voter expecting to be absent on the day of election from the county in which his voting precinct is situated, may make application to the county auditor or such county for an official absent voter ballot to be voted at such election. (1913, ch. 155, § 2.) § 994. ABSENT VOTER BALLOTS, HOW PRINTED : For all elections, either general or primary, there shall be prepared and printed for each precinct, official ballots to be known as absent voter ballots, which ballots shall be prepared and printed in the same form and shall be of the same size, and texture as the regular official ballots, except that they shall be printed upon tinted paper of a tint different than that of the sample ballots. (1913, ch. 155, § 3.) § 995. ABSENT VOTER BALLOT, FORM OF APPLICATION FOR. Application for such ballot shall be made on a blank to be furnished by the county auditor of the county of which the applicant is an elector, and shall be substantially in the following form : I, a duly qualified elector of the town- ELECTION LAWS OF NORTH DAKOTA 183 ship of : . . or of the village of or of the precinct of the ward of the city of in the county of and state of North Dakota, and to my best knowledge and belief entitled to vote in such precinct at the next election, expecting to be absent from the said county on the day for holding such election, hereby make application for an ofl&cial absent voter ballot to be voted by me at such election. Date Signed Post OflBce Address Provided, that if the application be made for a primary election bal- lot such application shall also give the name of the political party with which the applicant is affiliated. (1913, ch. 155, § 4.) § 996. APPLICATION BLANK, HOW OBTAINED. Such applica- tion blank shall upon request therefor, be sent by such county auditor to any absent voter by mail, and shall be delivered to any voter upon application made personally at the office of such auditor. (1913, ch. 155, § 5.) § 997. BALLOTS SENT HOW, AFFIDAVIT OF VOTER, AND CERTIFICATE. Upon receipt of such application properly filled out and duly signed, or as soon thereafter as the official absent voter ballot for the precinct in which the applicant resides has^ been printed, the said county auditor shall send to such absent voter by mail, postage pre- paid, one official absent voter ballot, or if there be more than one such absent voter ballot to be voted by an elector of such precinct, one of each kind, and shall enclose with such ballot or ballots an envelope to be furnished by such auditor, which envelope shall bear upon the front thereof the name, official title and post office address of such county auditor and upon the other side a printed affidavit in substantially the followng form : State of ] } ss. County of J I, , do solemnly swear that I am a resident of the township of , or the village of , or of the precinct of the ward in the city of residing at in said city, county of and state of North Dakota, and entitled to vote in such precinct at the next election ; that I expect to be absent from the said county of my res- idence on the d'^y of holding such election and that I will have no oppor- tunity to vote in person oh that day. Subscribed and sworn to before me this . day of 19 ; and I hereby certify that the affidavit (affiant) 164 STATE OF NORTH DAKOTA exhibited the enclosed ballots to be unmarked, that he then, in my pres- ence and in the presence of no other person, and in such manner that I could not see his vote, marked such ballot, and enclosed and sealed the same in this envelope. That the affiant was not solicited or advised by me to vote for or against any candidate or measure. Provided, that if the ballot enclosed is to be voted at a primary election, the affidavit shall state the name of the political party with which the absent voter is affiliated. Note. If such absent voter is luiable to sign his name, he shall m^ke his mark (X) and the officer taking such affidavit shall sign such voter's name, and shall -state the reason for such affidavit being signed in such manner in his certificate attached to such affidavit. (1913, ch. 155, § 6.) § 998. MANNER OF MARKING BALLOT. Such absent voter shall make and subscribe the said affidavit before an officer authorized by law to administer oaths and who has an official seal, and such absent voter shall thereupon, in the presence of such officer and of no other person, mark such ballot or ballots, but in such manner that such officer cannot see the vote, and such ballot or ballots shall thereupon, in the presence of such officer, be folded by such voter so that each ballot will be separate. and so as to conceal the vote, and be in the presence of such officer de- posited by such envelope, and the said envelope securely sealed. Said envelope shall be mailed by such absent voter, postage prepaid. (1913, ch. 155, § 7.) § 999. CARE OF BALLOTS BY AUDITOR. Upon receipt of such envelope, such county auditor shall forthwith enclose the same, unopened, together with the written application of such absent voter, in a larger envelope which shall be securely sealed and endorsed with the name of the proper voting precihct, the name and official title of such auditor, and the words, "This envelope contains an absent voter ballot and must be opened only on election day at the polls while the same are opened." and such auditor shall thereafter safely keep the same in his office until the same is delivered by him as provided in the next section. (1913. ch. 155, § 8.) § 1000. TRANSMISSION OF BALLOT TO ELECTION INSPECT- OR. In case such envelope is received by such auditor prior to the delivery of the sealed package containing the official ballots to the inspector of elections of the precinct in which such absent voter resides, such ballot, envelope and application sealed in such envelope shall be enclosed in such package and delivered therewith to the inspector of such precinct. In case the official ballots for such precinct shall have been delivered to such inspector of elections at the time of the receipt by the auditor of ELECTION LAWS OF NORTH DAKOTA 185 such absent voter ballot, such auditor shall immediately enclose such ap- plication and such ballot with the envelope containing such ballot, un- opened, in a larger envelope which shall be securely sealed by him and endorsed on the front with the name, official title, name of precinct and post office address of the inspector of elections of the precinct in which such absent voter resides, and the words "This envelope contains an absent voter ballot and must be opened only on election day at the polls while the same are open," and forthwith mail the same, postage prepaid, to such inspector of elections. (1913, ch. 155, § 9.) § lOOl. MANNER OF VOTING. COID (VOID) OR REJECTBI> BALLOTS. At any time between the opening and closing of the polls on such election day, the inspector or judges of election of such precinct shall first open the outer envelope only, and compare the signature of such voter to such application with the signature to such affidavit. In case the judges find the affidavit is sufficient and that the signatures cor- respond, and that the applicant is then a duly qualified elector of such precinct and has not voted at such election, they shall open the absent voter envelope, in such manner as not to destroy the affidavit thereon, and take out the ballot or ballots therein contained, and without unfolding the same, or permitting the same to be opened or examined, and having endorsed the same in like manner that other ballots are endorsed, de- posit the same in the proper ballot box or boxes, showing by the records of such election such elector to have voted. In case such affidavit is found to be insufficient, or that the said signatures do not correspond, or that such applicant is not then a duly qualified elector of such precinct such vote shall not be allowed, but without opening the absent voter envelope, the election inspector or a judge of such election shall mark across the face thereof, "Rejected as defective," or "Rejected as not an elector", as the case may be. The absent voter envelope when ^uch absent vote is voted, and the absent voter envelope with its contents, un- opened, when such absent vote is rejected, shall be deposited in the bal- lot box containing the general or party ballots, as the case may be, re- tained and preserved in the manner as now by law provided for the retention and pre.servation of official ballot voted at such election. (1913, ch. 155, § 10.) § 1002. ELECTOR MAY VOTE BEFORE LEAVING COUNTY. The provisions of this act shall be construed so as to x>ermit any qualified elector of this state who is present in this (his) county after the official absent voter ballots of such county have l)een printed, and who has reason to believe that he will be absent from such county on election day as before provided in section 993, to vote before he leaves hLs county, in like manner a.s absent voter, and any qualified elector who has marked his ballot as hereinbefore provided, who shall unexpectedly return to his precinct before or on election day, shall be permitted to vote in person. 186 STATE OF NORTH DAKOTA provided his ballot has not already been deposited in the ballot box. (1913, ch. 155, § 11.) § 1003. BALLOTS FURNISHED AUDITOR, WHEN. It shall be the duty of the secretary of state, county auditor, or any other officer by law required to prepare any general or primary election ballots, to pre- pare and have printed and delivered to the county auditor at least forty-five days prior to the holding of any general election and fifteen days prior to the holding of any primary election, a sufficient number of absent voter ballots provided for in Section 994 of the Compiled Laws of North Dakota for 1913 and in this act, for the use of all voters likely to be absent from such county on the day of such election. (1913, ch. 155, § 12; Sp. S. 1918, ch. 6, § 5.) See Opinions of Attorney General No. 84. § 1004. PENALTY FOR VIOLATIONS. If any person shall wil- fully swear falsely to the affidavit in section 997 provided for, he shall upon conviction thereof be deemed guilty of perjury and shall be punished as in such case by law provided. If the secretary of state or any county auditor or any election officer shall refuse or neglect to perform any of the duties prescribed by this article, or shall violate any of the pro- visions thereof, or if any officer taking the affidavit provided for in sec- tion 997 shall make any false statement in his certificate thereto attached, he shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding one hundred ($100) dollars, or by imprisonment in the county jail not exceeding thirty (30) days, or by both such fine and imprisonment. (1913, ch. 155, § 13.) ELECTORS IN MILITARY SERVICE. ; *Ch. 6, Sp. S. L. 1918. i § 1. ABSENT VOTERS WHO MAY VOTE. Any qualified elector of ] this state who is absent from the county in -which he is an elector at any j general election other than primary and engaged in the military or naval ' service of the United States may vote at such election as hereinafter i provided. | § 2. DUTY OF COUNTY AUDITORS. The county auditors of each j county in this state must prepare, keep and maintain a general register j of names of all persons of their respective counties who are engaged in I the military or naval service of the United States nnd shall further keep ■ and maintain a register of such persons so engaged who are qualified \ to vote in their respective counties at general elections other than primary, j § 3. ABSENT VOTER BALLOT HOW SENT. It shall be the duty i df each county auditor, at least forty-five days before any general election ' other than primary, of his own atcbrd aiidwith'6ut application from any ELECTION LAWS OF NORTH DAKOTA 187 elector, to send such absent voter ballot to such elector in the manner provided in Section 997 of the Compiled Laws of North Dakota for 1913; provided, however, that the enclosed envelope shall be duly stamped with return postage and the affidavit endorsed thereon may be made by such elector before his immediate commissioned commanding officer; and provided, further, that such affidavit need not have any venue if con- trary to the military orders at the place where made. § 4. BALLOT AND CANVASSING. Such absent voter shall make and subscribe such affidavit before his immediate commissioned com- manding officer and shall thereupon, in the presence of such officer and of no other person, mark such ballot or ballots in the manner provided in Sec- tion 998 of the Compiled Laws of North Dakota for 1913; and the comity auditor, upon receipt of such envelope, shall proceed in the same manner as provided in Section 999 of the Compiled Laws of 1913 relating to absent voter ballots; provided, however, that if any such envelope is received by such county auditor too late to be forwarded to the proper voting precinct in time to be canvassed, the same shall be retained by him and canvassed by the canvassing board of the county of such audi- tor at any time prior to the meeting of the state canvassing board or any adjourned meeting of said board where the same has been received by such auditor in time to canvass and transmit the results to the state canvassing board. In all other respects such absent voter ballot of electors engaged in the military service of the United States shall be treated in the same manner as now provided for the absent voter ballots. ARTICLE 17.— CANVASS OF RETURNS. § 1005. CANVASS OF VOTES. As soon as the polls of the election shall be finally closed the inspectors shall proceed immediately to can- vass publicly in the presence of all persons desiring to attend the same the votes received at such polls and continue without adjournment until the canvass is completed and the statements hereinafter required are made. They shall commence by a comparison of the poll lists and the correction of any mistakes therein until they shall be found or made to agree. The box shall then be opened and the ballots taken out and counted by the inspectors, unopened, except so far at so ascertain whether each ballot is single ; and if two or more ballots are found so folded together as to present the appearance of a single ballot they shall be laid aside until the count of the ballot is completed, and if, upon a comparison of the count and the appearance of such ballot, a majority of the in- spectors shall be of the opinion that the ballots thus folded together were voted by one elector, they shall be destroyed. If the ballots in the box shall be found to exceed in number, after any such ballots folded together are destroyed, the whole number of votes on the poll lists, they shall be replaced in the box, and one of the inspectors shall publicly draw there- 188 STATE OF NORTH DAKOTA 1 from by chance and without examination thereof and destroy as many ■ ballots unopened as shall be equal to such excess. The number of ballots | agreeing, or so as aforesaid being made to agree with the poll lists, the j inspectors shall then proceed to open, count and ascertain the number | of votes. (R. C. 1905, § 647; 1891, ch. 66, § 35; R. C. 1899, § 523; Ch. [ 27, § § 25, 26, 27, Pol. C. 1877.) j Construction for marking of . ballots is question for court, and not for ! jury. Church v. Walker, 10 S. D. 90, 72 N. W. 101. j Where a cross within a circle is made with an official stamp, a cross just ! outside made with pencil is presumed to be an identifying mark. Church v. 1 Walker, 10 S. D. 90, 72 N. W. 101. \ Requirement that names be printed on the ballot is constitutional. Cham- ■ berlain v. Wood, IS S. D. 216, 88 N. W. 109. i Writing a name which appears in print upon ballot immediately beneath erased name of an opposing candidate invalidates vote for both candidates. Parmley v. Realty, 7 S. D. 401, 64 N. W. 186; Vallier v. Brakke, 7 S. D. j 343, 64 N. W. 180. j Ballots which are not officially stamped should not be counted. Miller v. i Schallern, 8 N. D. 395, 79 N. W. 865. Where result of election is contested, whole vote of precinct will not be i thrown out because of illegal votes, unless fraud on part of officials is shown by competent proof. Briggs v. Christ, 28 S. D, 562, 134 N. W. 321. ; See Opinions of Attorney General No. 85. i § 1006. BALLOTS, WHEN VOID. In the canvass of the votes, any i ballot which is not indorsed as provided in this chapter by the official j stamp and initials shall be void and shall not be counted, and any ballot or parts of a ballot from which it is impossible to determine the elector's , choice shall be void and shall not be counted ; provided, that when a ballot I is suflSciently plain to gather therefrom a part of the voter's intention it ; shall be the duty of the judges of election to count such part. (R. C. 1905, j § 648; 1891, ch. 66, § 30; R. C. 1899, § 524.) ! Mandatory. Unstamped ballots illegal. Miller v. Schallern, 8 N. D. 395, ' 79 N. W. 865. Lorin v. Seitz, 8 N. D. 404, 79 N. W. 869; Howser v. Pepper, 8 I N. D. 484, 79 N. W. 1018. Votes not stamped and initialed must be excluded. Perry v. Hackney, ■ 11 N. D. 148, 90 N. W. 483. ' Ballot ought to have been rejected where cross made was to the left of ! circle intended therefor. Treat v. Morris, 25 S. D. 615, 127 N. W. 554. ; Provisions in relation to second choice voting, under chapter 212 of Laws of 1911, are not mandatory, and failure to vote for second choice will not affect validity of vote for first choice. State ex rel. Shaw v. Harmon, 23 N. D. '. 513, 137 N. W. 427. A ballot which is in all respects regular upon its face and is indorsed l)y ; the official stamp as required by law, and also contains the initials of the inspector, must be counted although such initials were not indorsed by the ] inspector but by one of the judges of the election at the inspectors' request, Fuerst V. Semmler, 28 N. D. 411, 149 N. W. 115. i Validity and construction of law as to marking ballots. 47 L. R. A. 856. ; Official marks on ballots. 47 L. R. A. 808. \ Ambiguities in ballots, evidence to explain. 10 Am. St. Rep. 317. : j ELECTION LAWS OF NORTH DAKOTA Does marking some but not all of the candidates on a party ticket defeat the effect of marking tmder the party emblem as a vote for the omitted candi- dates, where no votes were cast for their opponents. 28 L. R. A. (N. S.) 461. § 1007. RESULT OF CANVASS TO BE IMMEDIATELY MADE. The inspectors shall as soon as the count is completed publicly announce the result thereof, specifying the whole number of votes cast for each oflSce and for each candidate respectively; also the number of votes cast for and against each proposition voted for at such election. They shall immediately prepare in triplicate a statement in writing setting forth at length, in words and figures the whole number of votes cast for each office and the names of all the persons for whom such votes were cast, together with the number of votes cast for each person, also the number of votes cast for and against each proposition voted upon at such elec- tion which statement they shall certify to be correct. (1919, Ch. 121, § 1; R. C. 1905, § 649; 1891, Ch. 66, § 36; R. C. 1899. § 525; Ch. 27, § 28, Pol. C. 1877.) § 1008. RETURNS. HOW AND WHERE MADE. COMPENSA- TION OF OFFICERS. The inspector of election or one of the judges appointed by him shall forthwith deliver to the clerk of the town, city or village, one of such statements and one of such poll lists, together with the stamps inscribed with the words "official ballot" to be filed and preserved in his office, and shall with all convenient dispatch and within three days after the election, deliver the other two statements to the County Auditor and Secretary of State, respectively, by registered mail, said statement having been by the judges carefully sealed up, together with the other poll lists, and with the oaths of inspectors and clerks affixed, under cover, properly directed to the County Auditor and Sec- retary of State, respectively, and the person mailing such returns shall receive as compensation therefor the sum of two dollars ($2.00) to be paid out of the county treasury on a warrant of the County Auditor. The statement and poll lists aforesaid, having been duly prepared for delivery to the County Auditor as aforesaid, the inspector and judges of election shall cause the ballots of each kind cast at such election to be smoothly spread upon a wrapper of strong durable paper of the same width of such ballots and of sufficient strength to permit of its being folded with the said ballots and form a complete wrapper therefor when folded. Such ballots and wrappers shall then be tightly folded together and the said wrapper securely pasted or glued at the outer end so as to completely envelope and firmly hold such roll together. Provided, that ballots which are void shall be wrapped in a separate wrapper and so marked on said wrapper. In the folding and sealing of the ballots as aforesaid the various classes of ballots shall be kept separate. The judges shall fold in two folds and lay in tiers all ballots counted by them except those which are void, and fold same securely in manila 190 STATE OF NORTH DAKOTA wrappers not exceeding two hundred (200) to each wrapper, on which shall be endorsed in writing or print, the number of the precinct, date on which election was held, and securely seal such wrappers by sealing them with sealing wax and stamping on said wax the name of the county with a metal stamp provided for that purpose, so that said wrappers can- not be opened without breaking the seal, and return by mail said ballots opened together with those found void, to the county judge. Immediately upon receiving such ballots, the county judge shall give receipt therefor to said judges of election, and shall place them properly arranged in the order of the precinct numbers in boxes which shall be securely locked. Said boxes shall be placed in a fireproof vault and shall be securely kept for six months, not opening or inspecting them nor allowing any one else to do so, except upon order of court, in case of contested election, or when it shall be necessary to produce them at a trial for any offense committed at elections. At the end of six months after said election, said ballots shall be destroyed ; provided, that if any contest of the election of any officer voted for at such election or prosecution under this article shall be pending at the expiration of said time, the said ballots shall not be destroyed until such contest or prosecution be finally determined. In organized townships or in cities or villages, the inspector of election shall deliver, if he is not himself the officer in question, the ballot boxes together with said metal stamp to the chairman of the board of super- visors of the civil township, or mayor of the city or president of the vil- lage, in which the election precinct is situated, as the case may be; and this officer shall keep in safe custody such boxes and stamp until the next election, or hand them over to his successors in office to be safely kept by him until such time. At the following general or primary elec- tion it shall be the duty of these officers to hand the ballot boxes and said stamp over to the inspector of elections. In unorganized townships the inspector of elections shall cause the ballot boxes to be delivered by mail to the county auditor, at the time when the ballots are returned. Any person violating any of the provisions of this section is guilty of a misdemeanor. It is the purpose of this Act (section) to provide a safe place for the keeping of the ballots and to make them readily accessible for use in legal proceedings, and such ballots shall be received in evidence with- out further identification or foundation being laid, and any failure on the part of the election officers to comply with any of the formalities required hereby as to the return of said ballots shall not invalidate any election or cause any ballot otherwise regular to be disregarded and any omission or irregularities in the manner of identifying or returning the ballots of any precinct may be obviated by proof under the ordinary rules of evidence. (1919, eh. 121; 1913, ch. 154, § 2 ; R. C. 1905, § 650; 1891, ch. 66, § 37; R. C. 1899, § 526; Ch. 27, § 29, Pol. C. 1877.) When it appears that the ballot boxes have not been kept by the person legally charged with their custody, and that they have been exposed to the ELF.CTION LAWS OF NORTH DAKOTA 191 reach of unauthorized persons for a "considerable time, the ballots lose their character as the best evidence and cannot be allowed to impeach the official canvass. Howser v. Pepper, 8 N. D. 484; 79 N. W. 1018. The purpose of authorizing the board to have the ballot boxes brought in is not clear, but so far as it can be ascertained it is merely to provide an additional safeguard for their custody. No authority is given to the board to open the box and canvass the ballots and no such power can be inferred from the mere exist- ence of the right to have the boxes sent to the Auditor. State v. McKenzie, 10 N. D. 139, 86 N. W. 231. Candidate who unlawfully opens ballot box cannot assail official canvass on which certificate election issued to his opponent. McMahon v. Crockett, 12 S. D. 11, 80 N. W. 136. Scope and effect of provisions in election law for preservation of ballots. 30 L. R. A. (N. S.) 602. § 1009. ABSTRACT OF VOTES ; CANVASS OF VOTES ; CER- TIFICATES OF ELECTION; TIE, HOW DECIDED; PUBLICATION OF ABSTRACT. On the second Friday after each election, or as soon as the returns are received, the County Auditor shall call to his assistance a majority of the County Commissioners of the county or the County Treasurer, County Judge and one County Commissioner, and none of the persons so called shall be a candidate for office, unless there is not suf- ficient of such officers who are not candidates, and shall proceed to open such returns and make abstracts of votes in the manner following from the certified statements prepared by the different inspectors of election in the various precincts. The abstract of votes for United States Senator, Member of Congress, Governor, State Auditor, Commissioner of Insur- ance, Commissioner of Agriculture and Labor, State Treasurer, Secretary of State, Attorney General, Commissioners of Railroads, Superintendent of Public Instruction and Lieutenant-Governor shall be on one sheet; the abstract of votes for members of the legislative assembly shall be on one sheet ; the abstract of votes for county and precinct officers shall be on one sheet ; and it shall be the duty of the County Auditor immediately to make out a certificate of election to each of the persons having the high- est number of votes for county and precinct offices, respectively, and to deliver such certificate to the i>erson entitled thereto on his making appli- cation to the County Auditor therefor ; provided, that when a tie shall exist between two or more persons for the Senate or House of Representa- tives, if such district is within the boundary of one county, the Auditor of such county, and if such district is within the boundaries of more than one county, then the County Auditor of the county casting the greater number of votes for the office for Governor, shall immediately by regis- tered letter addressed to the respective candidates at their post office ad- dress, give notice to the several persons so having the highest and equal number of votes to attend at his office at a time appointed by him, which shall not be more than twenty days after the tie shall have been de- clared by such County Auditor and they shall then proceed publicly to decide by lot which of the persons, so having the highest and equal num- ber of votes shall be declared duly elected and such Auditor shall make 192 STATE OF NORTH DAKOT^ and deliver to the person thus declared duly elected a certificate of his election as hereinbefore provided. It shall be the duty of the County Auditor of each county, on receipt of the returns of any election, to make out his certificate, stating therein the compensation to which the judges and clerks of election may be entitled for their services, and lay the same before the Board of County Commissioners at their next session, and the said board shall order the compensation aforesaid to be paid out of the county treasury. Immediately after canvassing the returns and making the abstract of votes as provided in this Section, the County Auditor shall make a certified copy of each abstract and forward it to the Secretary of State, and also cause to be published in the oflicial newspapers of the county, in tabular form, the vote by precincts for each officer and proposition voted for at said election. Such publication to be paid for at a rate not exceeding the rate paid for publishing County. Commissioners' proceedings. If the County Auditor is a candidate for of- fice, he shall take no part in the canvass, but shall act as clerk of such board of canvassers, and the two oflScers called to the assistance of the County Auditor to make such canvass, shall call to their assistiince a jus- tice of the peace, and it shall thereupon be their duty at once to attend and canvass such returns as provided by law. (1915, ch. 146; 1909, ch. 95; R. C. 1905, § 651; 1881. ch. 71, § 1 ; 1899, ch. 87; R. C. 1899, § 527; 1901, eh. 81; 1903, ch. 119; Ch. 27, § 31; Pol. C. 1877.) Certificate of election, prima facie title to office. Butler V. Callahan, 4 N. D. 481, 61 N. W. 1025. State V. Archibald, 5 N. D. 359, 66 N. W. 234. Chandler v. Starling, 19 N. D. 144, 121 N. W. 198. Holtan V. Beck, 20 N. D. 5, 125 N. W. 1048. State V. McDonald, 41 N. D. 389, 170 N. W. 873. The duties of a canvassing board are purely ministerial and in performing them they are limited to a consideration of the certified statements returned by the precinct election officers. State v. Willis, 19 N. D. 220, 124 N. W. 706. A certificate of election issued by a canvassing board on account of votes from tally lists returned to them with the poll books of a precinct must be can- celled, when it appears from the official statement returned by the election of- ficers of the precinct that another candidate has been elected. Eakin v. Camp- bell, 10 N. D. 416, 87 N. W. 991. Board of canvassers cannot refuse to canvass votes because no nominations were made as prescribed by law. Chamberlain v. Hedger, 12 S. D. 135, 80 N. W. 178. State board of canvassers required to canvass all votes cast in every county if duly authenticated returns are obtainable. Woods v. Sheldon, 9 S. D. 392, 69 N. W. 602. Mandamus is proper proceeding to compel board of canvassers to act when it refuses to do so; adjournment sine die is not a ground for refusing the writ. Smith V. Lawrence, 2 S. D. 185, 49 N. W. 7, Tally list not part of the returns. State v. McKenzie, 10 N. D. 132, 82 ,vr vN; W. 231. . ' See Pe4prson v. Bd. of Comm., 23 N. D. 547, 137 N. W. 484. Abstract of vote, upon division proposition which shows "on its face that it is incomplete, is not prima facie evidence of result of election. State ex rel. ELECTION LAWS OF NORTH DAKOTA 193 Minehan v. Thompson, 24 N. D. 273, 139 N. W. 960. See Opinions of Attorney General, No, 85a. § 1010. TIE VOTE. DUTY OF COUNTY AUDITOR. If the requisite number of officers shall not be elected by reason of two or more persons having an equal and highest number of votes for one and the same oflSce, the county auditor whose duty it is to compare the polls shall give notice to the several persons so having the highest and equal num- ber of votes to attend at his office at a time appointed by him, and they shall then proceed publicly to decide by lot which of the persons so having an equal number of votes shall be declared duly elected, and such auditor shall make and deliver to the person thus declared duly elected a cer- tificate of his election as hereinbefore provided. (R, C. 1905, § 652 ; R. C. ISOa § 528; ch. 27, § 32, Pol. C. 1877.) Decision of tie vote. 47 L. R. A. 551. Right of candidate receiving next highest number of votes in the event that the person receiving the highest number is ineligible. 13 L. R. A. (N. S.) 1013; 34 L. R. A. (N. S.) 240. Tie vote. Howser v. Pepper, 8 N. D. 484, 79 N. W. 1018. § lOlOii. LEGISLATIVE DISTRICTS COMPOSED OF TWO OR MORE COUNTIES. When two or more counties are embraced in one senatorial district, the respective county auditors shall attend at the office of the county auditor of the senior county of such district within twenty days after the day of election, and in conjunction with the auditor of the senior countr shall compare the votes cast in the several counties comprising such district; and such auditors shall immediately make out a certificate of election for the person having the highest number of votes in such district for members of the legislative assembly, which certificates shall be delivered to the persons entitled thereto on application to the county auditor of the senior county of such district. (1899, § 529; 1881, ch. 74. § 3.) This section is omitted from the Revised Codes of 1905 and the Compiled Laws of 1913, apparently on the theory that it was repealed by Ch. 119, Laws of 1903, section 1024, C. L. 1913. See section 875. § 1011. STATE BOARD OF CANVASSERS, HOW CONSTITUTED. The secretary of state, state auditor, state treasurer, attorney -general and superintendent of public instruction shall constitute the state board of canvassers, three of whom shall be a quorum for the transaction of bus- iness, and if less than a quorum of said officers attend on the day ap- IKjinted for a meeting of the board, then those so attending are hereby authorized to summon others of the state officers sufficient to constitute a quorum, who on being notified by the officer or officers so attending, shall attend without delay and act as a member of such board. (R. C. 1905, § 653; 1892, Sp. ; R. C. 1895, § 530; Ch. 27, § 33, Pol. C. 1877.) 194 STATE OF NORTH DAKOTA § 1012. WHEN MEMBER DISQUALIFIED. When a member of such board is a candidate for any oflBce as to which the votes are to be canvassed by him, the governor shall designate some other state oflScer who shall act in his stead at the session of the board while the votes given for such member are being canvassed. (R. C. 1905, § 654 ; 1802, Sp. • R. C. 1899, § 531.) § 1013. COUNTY AUDITOR TO FORWARD ABSTRACT, OF VOTES. It shall be the duty of the County Auditor of each county, under his official seal, to return to the Secretary of State within twenty days following any general election, or any special election, a certified abstract of the votes cast in his county at such election for each candidate for state and congressional offices, electors for president and vice-president, judges of the supreme and district courts, members of the legislative as- sembly and for amendments to the Constitution or proposition submitted by the legislative assembly; providea, that the County Auditor shall make a separate certified abstract of ine votes cast for persons for elec- tors of president and vice-president oi the United States. He shall seal up such separate abstract and endorse it: "Presidential Election Re- turns" and without delay transmit it to the Secretary of State by regis- tered mail. It is also hereby made the duty of the County Auditor to file with the Secretary of State, at the same time as he transmits the certified abstract of the votes cast in his county, a certificate showing the names" and addresses of the persons who were elected to the various county offices In his county. (1915, Ch. 151 ; R. C. 1905, § 655 ; 1892, Sp. ; R. C. 1895, § 532.) § 1014. SECRETARY OF STATE TO FILE ABSTRACT OF VOTES. The secretary of state upon receipt of the certified abstract of votes from the several counties shall record the result of such election by counties and shall file and carefully preserve the certified statements so received from the county auditors, and if no such statement shall be received by him from the county auditor of any county prior to the time specified for the meeting of state board of canvassers he may and it is his duty to dispatch a special messenger to obtain such statement, at the expense of such county, and such auditor shall on demand of such messenger make and deliver to him the statement required which the messenger shall deliver to the secretary of state to be recorded and filed by him as aforesaid. Such messenger shall be allowed the sum of ten cents per mile for each mile necessarily traveled in going to and return- ing from the office of such county auditor, the same to be audited by the state auditor upon the certificate of the secretary of state and the state treasurer shall present a bill for the amount so audited against the county failing to send up such returns as above provided, which bill so pre- sented shall be audited by the board of county commissioners of such county and paid by the county treasurer. (R. C. 1905, § 656; 1892, Sp. ; R. C. 1895, § 533; Ch. 27, § 34 ; Pol. C. 1877.) ELECTION LAWS OF NORTH DAKOTA 195 Abstract of vote, upon division proposition which shows on its face that it is incomplete, is not prima facie evidence of result of election. State ex rel. Minehan v. Thompson, 24 N. D. 273, 139 N. W. 960. § 1015. STATE CANVASSING BOARD, MEETING OF. For the purpose of canvassing and ascertaining the result of such election, the State Board of Canvassers shall meet at the oflSce of the Secretary of State on the first Tuesday m December next after a general election and within thirty days after a special election, and the Secretary of State shall notify the other members of the board of the same. (1915, ch. 151; R. C. 1905, § 657; 1892, Sp. ; R. C. 1899, § 534.) See Opinions of the Attorney General, No. 86. § 1016. DUTY OF BOARD. The board when thus formed shall examine such certified statements of the county canvassers, and if it shall appear that any material mistake has been made in the computation of votes given for any person, or that the county canvassers in any coimty have omitted to canvass the votes, or any part thereof, cast in any pre- cinct in their county, the board may dispatch a messenger to the county auditor of such county at the expense of such county, with its require- ment in writing to him to certify the facts concerning such mistake and the reason why such votes were not canvassed ; and the county auditor to whom any such requirement is delivered shall forthwith make a true and full answer thereto under his hand and official seal, and deliver the same to such messenger who shall deliver the same with all convenient dispatch to the secretary of state. (R. C. 1905, § 658; 1892, Sp. ; R. C. 1895, § 535-^ May adjourn for a reasonable time to obtain properly authenticated returns. Woods V. Sheldon, 9 S. D. 392, 69 N. W. 602. § 1017., ADJOURNMENT OF BOARD. Such board may adjourn from day to day, not exceeding three days in all, except to await the return of a messenger dispatched, as provided in the preceding section, and then only for such time as may be necessary. (R. C. 1905. § 059; 1892, Sp.; 1897, ch. 34; R. C. 1899, § 536.) Mandamus to compel election officers to act after they have met and ad- journed. 36 L. R. A. (N. S.) 1089. § 1018. CANVASS OF VOTES TO BE PUBLIC. Upon the certified statements and returns so received the board shall proceed publicly to examine and make a statement of the whole number of votes given at any such election for each and all state officers; and another statement of the votes given for members of congress, each of which statements shall show the names of the persons to whom such vote shall have been given for either of said offices, and the whole number of votes given to each, distinguishing the several districts and counties in which they are given. A majority of such canvassers shall decide all matters of dis- 196 STATE OF NORTH DAKOTA agreement, and they shall disregard all technicalities and misspelling, the use of initial letters and abbreviations of the names of candidates, if it can be ascertained from the returns for whom the votes were intended. In case there shall be no choice by reason of any two or more persons having an equal and the highest number of votes the governor shall by proclamation order a new election. (R. C. 1905, § 660; 1892, Sp. ; R. C. 1895, § 537; Ch. 27, § 45. Pol. C. 1877.) § 1019. CERTIFICATE OF RESULT. They shall certify such statements to be correct and subscribe their names thereto and they shall thereupon determine what persons have been by the greatest num- ber of votes duly elected to such offices, or either of them, and shall make out and subscribe on each statement a certificate of such determin- ation and deliver the same to the Secretary of State. (R. C. 1905, § 661; 1892, Sp.; R. C. 1899, § 538.) Abstract of vote upon division proposition which shows on its face that it is incomplete, is not prima facie evidence of result of election. State ex rel. Minehan v. Thompson, 24 N. D. 273, 139 N. W. 960. § 1020. CERTIFICATES OF ELECTION, SECRETARY OF STATE TO ISSUE. The secretary of state shall record in his ofiice each certified statement and determination so made by said board, and shall forthwith make out and transmit to each of the persons thereby declared to be elected a certificate of election as hereinafter provided and he shall also forthwith cause a copy of such certified statement and determination to be published in a newspaper printed at the seat of government. (R. C. 1905, § 662; 1892, Sp. ; R. C. 1899, § 539.) See note to 1009. State V. Robinson, 35 N. D. 429, 160 N. W. 514. .§ 1021. CERTIFICATE FOR MEMBERS OF CONGRESS. Cer- tificates of the election of members of congress shall be signed by the governor with the great seal affixed and be countersigned by the secretary of state. and the governor shall cause same to be delivered to the persons elected. (R. C. 1905, § 663; 1892, Sp. ; R. C. 1899, § 540.) . § 1022. PRESIDENTIAL ELECTORS. The board in examining and making a statement of the votes and in determining and certifying the persons chosen as electors of president and vice-president shall proceed in the manner prescribed by law to be pursued by them in the canvass for state officers, and the secretary of state shall likewise file and record such statement and determination. In canvassing the returns for pres- idential electors the persons having the greatest number of votes are to be declared elected; and if more than the requisite number of persons are found to have the greatest and an equal number of votes the election of one of them shall be determined by lot, to be drawn by the governor in the presence of the other canvassers. The secretary of state shall ELECTION LAWS OF NORTH DAKOTA 197 prepare three lists of the names of such electors elected at any election^ procure thereto the signature of the governor, and aflBx the great seal of the state to the same, and deUver such certificate thus signed and sealed to said elector on or before the second Monday in January next after such election. (R. C. 1905, § 664; 1892, Sp. ; R. C. 1895, § 541.) State V. Olson, 30 S. D. 57, 137 N. W. 561. See note, 43 L. R. A. (N. S.) 287. § 1023. FORM OF CERTIFICATE. A certificate shall be prepared by the secretary of state for each person elected, in substance as follows : At an election held on the day of A. B. was elected to the oflfice of of said state for the term of years from the day ot in the- year or, if to fill a vacancy, say for the residue of the term ending on the day of A. D. 19 Given at Bismarck this day of A. D. 19 Which certificate shall be signed by the. governor and the secretary of state, and the seal of the state aflixed, and be attested by at least one of the other canvassers. (R. C. 1905, § 665; 1892, Sp. ; R. C. 1899, § 542.) § 1024. CERTIFICATE OF ELECTION. The secretary of state shall issue certificates of election to all members of the legislative assembly at the time that certificate of election to state oflicers by him are issued. (R. C. 1905, § 666; 1903, ch. 119.) § 1025. CONSTITUTIONAL AMENDMENTS, ETC. CERTIFI- CATES AS TO. For the purpose of canvassing and ascertaining the result of the votes taken at any election upon any proposed amendment to the constitution, or proposition submitted to a vote of the people by the leg- islative assembly, the state board of canvassers shall proceed to examine such statements, and to ascertain and determine the result and shall cer- tify under their hands a statement of the whole number of votes given for and the whole number of votes given against such amendment or proposition, and they shall thereupon determine whether such amendment or proposition has been approved and ratified by a majority of the elec- tors voting thereon, and shall make and subscribe on such statement a certificate of such determination. (R. C. 1905, § 667; 1892, Sp. ; R. C. 1899. § 543.) The State Board of Canvassers in determining and certifying to the vote of the people upon a proposed amendment to the constitution initiated by the peo- ple, exercise a iKtlitical function, legislative in its character, and supreme court has no jurisdiction. State v. State Board of Canvassers, N. D , 172 N. W. 80. § 1026. RECORD OF RESULT. The secretary of state shall record ia his office such certified statements and determination ; and if it shaU appear that such amendment or proposition has been approved, ratifiecE 198 STATE OF NORTH DAKOTA or adopted as aforesaid, lie shall also make a record thereof, and cause ; such record to be bound in the volume containing the original enrolled ] laws passed at the next succeeding session of the legislative assembly; ; and cause such record to be published with such laws. (R. O. 1905, § 668; | 1892, Sp. ; 1899, § 544.) I § 1027. WHAT RETURNS SHALL BE CANVASSED. The board of | state canvassers, in canvassing to ascertain the result of any election, shall i canvass only the regular returns made by the county board of canvassers, - as provided in this chapter. (R. C. 1905, § 669; 1892, Sp. ; R. C. 1899, ■ § 545.) § 1028. PROCLAMATION OF RESULT BY GOVERNOR. The gov- j ernor shall, within ten days after the completion of the canvass by the ; state board of canvassers of the votes cast for presidential electors, as j certified by the auditors of the respective counties, declare by proclama- ; tion, to be printed in some newspaper printed and published at the seat j of government, the names of the several persons who have received not I less than one-fifth of all the votes cast, and the number of votes re- i ceived by each person, and the several persons, who have received the ' highest number of votes so returned, and whose election shall not have ■ been contested and notice of such contest given to the governor within i ten days after the date of such proclamation, shall be deemed and taken ' to be elected, and the governor shall thereupon transmit to e:ich person ; so chosen a certificate of his election. (R. C. 1905, § 670 ; 1892, Sp. ; R. C. j 1899, § 546.) i § 1029. INFORMALITY IN RETURNS DISREGARDED. No elec- , tion returns shall be refused by any county auditor for the reason that the same may be returned or delivered to him in any other than the manner directed in this chapter, nor shall he refuse to include any re- j turns for any informality in holding an election or in making returns i thereof; but all returns shall be received and the votes canvassed and a , certificate given to the person who may by such returns have the greatest : number of votes. (R. C. 1905, § 671; R. C. 1899, § 547.) ! § 1030. CANVASSERS, HOW TO PROCEED. The county auditor ' and other persons constituting the county board of canvassers shall, in ; canvassing the election returns, disregard technicalities and misspelling, 1 the use of initial letters or abbreviations of the name of the candidates '■ for office, if it can be ascertained from such vote for whom they were , intended ; but they shall not count votes polled in any place except at \ established precincts, and a breach of the provisions of this section shall | be deemed a misdemeanor in office and punished accordingly. A majority ! of the members of such board shall decide all matters of disagreement, j (R. C. 1905, § 672; R. C. 1895, § 548; Ch. 27, § 41, Pol. C. 1877.) j >>'jA-. > i'-- :Meinbers of a canvassing board are presumed to know the locality of the I designated voting places, and to take notice of the geography of the townships | ELECTION LAWS OF NORTH DAKOTA 199 in their jurisdiction, and when returns clearly indicate that an election was held at a point distant from the designated place such board is justified in declining to canvass such returns, in the absence of special considerations. The trial court found, on inquiring into the facts, and on the demurrer and motion above re- ferred to, in substance that on a contest of election there would be no justifica- tion for changing the certificate issued by the canvassing board, and declined to issue its writ of mandate. Held, that this was not an abuse of its discretionary power. State ex rel. Johnson et al v. Thomas Ely et al, 23 N. D. 619. § 1031. DEFECTIVE RETURNS. DUTY OF CANVASSING BOARD. PENALTY. When the returns of the election precinct oflScers are made to the county canvassing board as now provided by law, in case any provision of the law relative to the duties of said election precinct officers has not been complied with by said election precinct officers, and which is capable of correction or compliance by said board, the county canvassing board is authorized and empowered to issue its subpoenas to the officers of the election precinct wherein the defect occurs, requiring said officers to appear forthwith before said county canvassing board and correct any omission or mistake according to the facts, and said amended or corrected returns shall then be acted on by said county canvassing board, and said county canvassing board shall issue its certificate of election to the party entitled thereto, as shown by the returns as amended or corrected. In case any officer of any election precinct so subpoenaed should neglect or refuse to obey said subpoena, the said person so re- fusing shall be arrested by bench warrant issued out of the office of the clerk of the district court, in the county where said proceedings occur, and brought before said canvassing board and there make the necessary correction according to the facts, and a refusal of said officer to make the said correction shall be deemed a contempt of the district court, to be punished as provided for ordinary contempt of court, upon the proper showing, and the procedure shall be the same as in ordinary cases of contempt of court. (R. C. 1905, § 673; 1903, ch. 91.) Canvassing board in county division election must procure returns from each voting precinct. State ex rel. Minehan v. Thompson, 24 N. D. 273, 139 N. W. 960. Unless applicant for mandamus requiring county board of canvassers to re- convene, states facts showing that if writ issue, new abstract will show results reverse of former, writ will not issue. State ex rel. Davis v. Willis, 19 N. D. 222, 124 N. W. 706. § 1032. RETURNS INDORSED BY SECRETARY OF STATE. A memorandum of the date of the reception of all returns of votes at the secretary's office shall be made at such office on the envelope containing them. (R. C. 1905, § 674; R. C. 1899, § 549; Ch. 27, § 49, Pol. C. 1877.) ARTICLE 18.— RESIGNATIONS AND VACANCIES. § 1033. RESIGNATION AND VACANCIES. SPECIAL ELECTION. Any person who shall receive a certificate of his election as a meipber of the legislative assembly, county auditor, county treasurer, register of deeds, 200 STATE OF NORTH DAKOTA ; sheriff, state's attorney, clerk of the district court, county judge or county commissioner, shall be at liberty to resign such office, although he may ; not have entered upon the execution of the duties thereof or taken the , requisite oath of office, and when any vacancy shall happen in the legis- ! lative assembly by death, resignation or otherwise it shall be the duty of ; the county auditor of the county in which such vacancy occurs officially to : notify the governor thereof; whereupon the governor shall issue a writ '• of election directed to the sheriff of such county commanding him to | notify the several boards of election in his county or district to hold a j special election to fill such vacancy at a time to be appointed by the 1 governor; provided, that if there is no session of the legislative assembly i between the time such vacancy occurs and the time of holding the next ' general election, it shall not be necessary to order a special election to j fill such vacancy ; and when any vacancy occurs in the office of a member ! of congress from this state, it shall be the duty of the governor to issue ; his proclamation appointing a day to hold a special election to fill sucn vacancy. (R. C. 1905, § 675; R. C. 1899, § 550; Ch. 27, § 35, Pol. C. ! 1877.) i Mandamus to compel calling of election. 9 R. C. L. 1000. ^ § 1034. DUTY OF GOVERNOR IN CASE OF CERTAIN VACAiN- j CIES. Should a vacancy occur in the office of a member of the legislative 1 assembly, while in session, by death, resignation, removal or otherwise, ' it shall be the duty of the governor immediately upon receiving official ' notice thereof to proceed in the same manner as is prescribed for other cases in the preceding section. (R. C. 1905, § 676; R. C. 1899, § 551; Ch. j 37, Pol. C. 1877.) i § 1035. DIVISION OF LEGISLATIVE DISTRICT SUBSEQUENT ■ TO ELECTION. If a vacancy occurs in the legislative assembly for any cause, and the county or counties comprising the district in which such '■ vacancy occurs shall have been divided after the election of the member whose seat is vacant, and before the election to fill such vacancy, such ; election shall be ordered in each county in which any part of the original county or district may be situated ; but no person shall be permitted to vote at such election who does not at the time reside within the limits of the 1 county or district in which such vacancy occurred. (R. C. 1905, § 077: \ R. C. 1895, § 552; Ch. 27, § 39. Pol. C. 1877.) \ § 1036. CANVASS AND RETURNS OF ELECTIONS TO FILL VACANCIES. Votes cast at elections to fill vacancies shall be canvassed ■ and returned as provided in other cases, and the county auditor shall without delay forward to the secretary of state the abstracts of the same, j (R. C. 1905, § 678; R. C. 1895, § 553; Ch. 27, § 40, Pol. C. 1877.) ARTICLE 11>.— PRESIDENTIAL ELECTORS. § 1037 . WHEN ELECTORS CONVENE. VACANCIES, HOW ■ MLLED. The electors of president and vice-president shall convene at ELECTION LAWS OF NORTH DAKOTA 201 the seat of government of this state on the second Monday in January next after their election at the hour of twelve o'clock noon of that day, and if there shall be any vacancy in the oflSce of an elector, occasioned by the death or refusal to act, neglect to attend or other cause, the elec- tors present shall immediately proceed to fill such vacancy by ballot, by a plurality of votes, and when all the electors shall appear, or the vacan- cies shall have been filled as above provided they shall proceed to perform the duties required of such electors by the constitution and laws of the United States. (R. C. 1905, § 679; 1890, ch. 109, § 1; R. C. 1895, § 554.) § 1038. PER DIEM AND MILEAGE. The electors of president and vice-president of the United States shall receive the same per diem and mileage as is allowed to members of the legislative assembly, and there is hereby appropriated as a standing and continuing appropriation such a sum of money as may be necessary to pay such per diem and mileage: (R. C. 1905, § 680; 1892, Sp. ; R. C. 1899, § 555.) ARTICLE 20.— MISCELLANEOUS PROVISIONS. § 1039. PENALTY FOR DEPOSITING UNSTAMPED BALLOT. No inspector or judge of election shall deposit in any ballot box any ballot upon which the official stamp as hereinbefore provided for does not appear. Every person violating the provisions of this section is guilty of a mis- demeanor. (R. C. 1905, § 681; 1891, ch. 66, § 28; R. C. 1899, § 556.) § 1040. PENALTY FOR REJECTING LEGAL VOTE. Any board of election or any member of any board of election who wilfully and knowingly rejects any legal vote shall be subject to a fine of fifty dollars to be collected in a civil action before any justice of the -peace in the name and for the benefit of the person aggrieved. (R. C. 1905, f 682; R. C. 1899, § 557.) Duty of election officer to accept sworn vote. 36 L. R. A. (N. S.) 968. Personal liability of an election officer for rejecting ballots. 11 L. R. A. (N. S.) 501. Right to damages for being prevented from voting at a public election. 31 L. R. A. (N. S.) 1106. § 1041. PENALTY FOR FAILURE OF OFFICER TO PERFORM DUTY. Any public oflicer upon whom any duty is imposed by this chapter who shall wilfully do or perform any act or thing herein prohibited or who wilfully neglects or omits to perform any duty imposed upon him by the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof is punishable by forfeiture q^ his oflSce and by im- prisonment in the county jail for not less than one month nor more than six months or by a fine of not less than fifty nor more than five hundred dollars, or both. (R. C. 1905, § 683; 1891, ch. 66, § 33 ; R. C. 1899, § 558.) It is to be observed that "this chapter" mentioned in the foregoing sectioit kas become, by reason of amendments and interpolation of new articles, ma- terially different from what it was when the section was enacted. 202 STATE OF NORTH DAKOTA § 1042. ELECTIONEERING PROHIBITED. SECRET BALLOT. J No electioneering shall be done on election day by any oflScer of election j nor by any person within the polling place or any building in which an ; election is being held or within fifty feet thereof, nor obstruct the doors ' or entrance thereto or prevent free ingress to or egress from said building. | And the inspector and judges of election shall, if they deem It necessary, \ appoint an election ofiicer ; such election ofiicer, or the sheriff, constable, i or other peace officer is authorized and it is his duty to clear the passage- , way and prevent such obstruction and to arrest any person creating such ' obstruction. No person shall remove any ballot from the polling place be- ; fore the closing of the polls. No person shall show his ballot, after it is ! marked, to any person in such a way as to reveal the contents thereof or \ the name of any person for whom he has marked his vote nor shall any : person solicit the elector to show the same ; nor shall any person except a ; judge of election receive from any elector a ballot prepared for voting. ' No elector shall receive a ballot from any other person than the inspector , or one of the judges of election having charge of the ballots nor shall any ; person other than such inspector or judges of election deliver a ballot to | such elector. No elector shall vote or offer to vote any ballot except such ; as he has received from the inspector or a judge of election having \ charge of the ballots. No elector shall place any mark upon his ballot by which it may afterwards be identified as the one voted by him. Any ' elector who does not vote a ballot delivered to him by the judges of elec- ' tion having charge of the ballots shall, before leaving the polling place, I return such ballot to such judges. Whoever violates any of the provisions ' of this section is guilty of a misdemeanor and upon conviction thereof i is punishable by a fine not exceeding one hundred dollars and shall be j adjudged to pay the costs of prosecution. (R. C. 1905, § 684; 1891, ch. j 66, § 34; R. C. 1899, § 559.) I Ballot having upon its back distinct cross made by impression of instrument ; furnished by election officers to mark ballots, which cross was plainly visible I when ballot was folded, should not be counted. Treat v. Morris, 25 S. D. 615, ' 127 N. W. 554. j § 1043. PENALTY FOR VIOLATION OF ELECTION LAWS. If any inspector, judge or clerk of election, county auditor or other person in any manner concerned in conducting an election shall corruptly violate any of the provisions of this chapter he shall forfeit and pny to the county a sum of not less than fifty nor more than five hundred dollars to be recovered in a civil action in the name of the proper county. (R. C. 1905, •§ 685; R. C. 1895,*§ 560; Ch. 27, § 42, Pol. C. 1877.) ' See note to section 1041. , § 1044. NO CIVIL PROCESS SERVED ON ELECTION DAY. Dur- \ ing the day which any general or special election shall be held in this '' state or in any district, county, city, village or precinct therein, no civil ] process shall be served on any person entitled to vote at such election, j i ELECTION LAWS OF NORTH DAKOTA 203 (R. C. 1905, § 686; R. C. 1899, § 561; ch. 27, § 44, Pol. C. 1877.) § 1045. COMPENSATION OF ELECTION OFFICERS. Every Judge, Clerk or Inspector, of any state wide election, either primary, general or special, shall for services so performed at such election by such oflBcer receive as compensation therefor the sum of Six Dollars ($6.00), and when the number of votes cast at such ejection shall exceed one hundred (100) the sum of one dollar ($1.00) for each additional one hundred (100) votes cast, or major fraction thereof. (1921, ch. 61; 1915, ch. 148; 1909, ch. 93; R. C. 1905, § 687; R. C. 1895, § 562; ch. 27, § 38, Pol. C. 1877.) Notwithstanding he may use but one ballot, the voter casts as many separate votes or expresses his choice as many times as there are candidates or questions for or against which he votes. State v. Blaisdell, 18 N. D. 31, 119 N. W. 360. "Vote cast" is the individual expression of the voter upon a particular propo- sition or office. It is not the aggregate expressions of the individual voter upon the various propositions or questions and the various offices. State v. State Board of Canvassers, ....N. D 172 N. W. 80. ARTICLE 21.— CONTESTING ELECTIONS. § 1046. NOTICE OF CONTEST, HOW SERVED. Any person claim- ing the right to hold an office, or any elector of the proper county desiring to contest the validity of an election or the right of any person declared duly elected to any office in such county, shall give notice thereof in writing to the person whose election he intends to contest within twenty days after the canvass of the votes of such election, which notice shall be served in the same manner as a summons in a civil action. But if the person whose election is contested cannot be found and shall have ceased to have residence in such county or state, then the notice shall be served by leaving the same at the house where such person last resided, and if no service as above provided can be made, or if no such residence can be found in the state the district court or judge thereof may ex- pressly direct the manner of such service, which notice of contest shall be in writing and shall set forth the facts and grounds upon which the contestant relies in his contest, and shall be verified as a pleading in a civil action. (R. C. 1905, § 688; 1885, ch. 54, § 1: R. C. 1899, § 563.) Title to county office may be tried under this and following sections, or by civil action in nature of quo warranto. State v. Callahan, 4 N. D. 481, 61 N. W, 1025. The term "canvass" includes the time until the decision of a tie vote. Bowler v. Eisenhood, 1 S. D. 577, 48 N. W. 136, 12 L. R. A. 705. Allegation that contestant "was duly elected" sufficiently states legal quali- fications for office. Church v. Walker, 10 S. D. 90, 72 N. W. 101; McMahon v. Polk, 10 S. D. 296. 73 N. W. 77, 47 L. R, A. 830; Church v. Walker, 10 S. D. 450, 74 N. W. 198. Notice of contest; what it must contain. Batterton v. Fuller, 6 S. D. 257, 60 N. W. 1071. Necessity of execution and filing of equivalent of certificate of election on canvass of coimty division election. State ex rel. Minehan v. Thompson, 24 N. D. 273, 139 N. W. 960. 204 STATE OF NORTH DAKOTA Election submitting question, "shall intoxicating liquor be sold at retail," may be contested by elector giving notice, etc. Treat v. Morris, 25 S. D. 615, 127 N. W. 554. Provides remedy for determination of election contests, and certiorari will not be granted. State ex rel. Cormick v. Ramsey, 27 S. D. 302, 130 N. W. 768. Contest must be initiated by serving upon contestee, within ten days after completion of canvass ballots, affidavit of contest, setting forth grounds there- for. Olesen v. Hoge, 23 N. D. 648, 137 N. W. 826. District court has jurisdiction to hear and determine contest over the elec- tion of mayor. Nelson v. Gass, 27 N. D. 357, 146 N. W. 537. Lew V. Montgomery, 31 N. D. 1, 148 N. W. 663, State ex rel. Pryor v. Axness, 31 S. D. 133, 139 N. W. 791. Diehl V. Totten, 32 N. D. 131, 155 N. W. 74. Does not apply to an election which merely amounts to an expression of preference of location of county seat preliminary to final vote at general elec- tion. CahiU v. McDowell, 40 N. D. 625, 169 N. W. 499. See State v. McDonald, 41 N. D. 389, 170 N. W. 873. Does not apply to school district election. Voyen v. Eagle Sch. Dist.,. ....N. D 181 N. W. 82. Election contest in case of decision of tie vote. 47 L. R. A. 559. Right of candidate receiving next highest number of votes in the event that the person receiving the highest number is ineligible. 13 L. R. A. (N. S.) 1013; 34 L. R. A. (N. S.) 240; 12 Am. Rep. 341. Adequacy of provision for contesting an election other than that for selection of offices, upon the grounds and in the manner prescribed by a statute which, has reference only to the election of officers. 18 L. R. A. (N. S.) 566. Irregularities which will avoid election. 90 Am. St. Rep. 46. Contesting because of illegal votes, admissibility of evidence to show what votes were illegal and for whom they were cast, and power to compel unquali- fied voter to disclose for whom he voted. 84 Am, Dec. 268. Effect of, where ineligible candidate receives a majority of the votes. 124 Am. St. Rep. 211. § 1(M7. ANSWER TO NOTICE OF CONTEST. Any person, upon- ! whom the notice mentioned in the preceding section is served, shall within j ten days ufter such service answer such notice, admitting or denying the j facts alleged therein, and he shall state any other grounds upon which he ' rests the validity of his election, and shall serve a copy of such answer : upon the contestant and all allegations set forth in the notice and not | denied in the answer shall be taken as admitted. Such answer shall be- | served as a pleading in a civil action, and when the contest-.int appears ' by attorney, the service thereof may be made upon the attorney. (R. C. ' 1908, § 6S0; 18S5, ch. 54. § 2 ; R. C. 1895, § 5(>4.) § 1048. CONTEST MAY BE BROUGHT BY WHOM. Such contest i may be brought by a person claiming such office on his owii motion, in \ his own name as plaintiff, but such contest cannot be brought by any" | other person, unless the notice of contest is indorsed with the approval i of the state's attorney of the county, or in case of his absence or refusal . to approve it, with the approval of the judge of the district court. (R. C. ] 1905, § 090; 1885, ch. 54, § 3; R. C. 1895. § 565.) | i 1049. TRIAL OF CONTEST. The judge of the district court, in ' cas!e no term of such court occurs in such county within twenty days,. ' ELECTION LAWS OF NORTH DAKOTA 205 after the service of the answer in such contest, may appoint a term of such court therein; but if a term of court occurs in such county before that time, then the contest shall be tried at such term, unless othermse ordered by the court. The district court or the judge thereof may, upon ten days' notice by either party, try such contest at chambers at any place fixed by the court; or he may on such application or on his own motion, if the pleadings involve a question of fact, order such issues to be tried before a jury, or refer the same as provided in this chapter, and postx>one the trial thereof until it can be had in such county, regard being had to the speediest possible trial. If the issues are ordered to be tried by a jury the question to be tried must be distinctly stated in the order of trial, and the place of such trial must be designated in such order. (R. C. 1905, § 691; 1885, ch. 54, § 4 ; R. C. 1899, § 566.) Trial not confined to limited period; purpose is a speedy method of trial; jurisdiction continues until contest is tried or dismissed. Howser v. Pepper 8 N. D. 484, 79 N. W. 1018; Eakin v. CampbeU, 10 N. D. 416, 87 N. W. 991. Right of judge who may be affected by the result to hear election case. 41 L. R. A. (N. S.) 788. § 1050. TESTIMONY AND PROCEDURE IN CONTESTS. All testimony and depositions taken in contests brought under the provisions of this article shall be taken in the same manner as in civil actions, and depositions may be taken in more than one place at the same time on leave of the court, and all matters relating to such contests shall be heard and tried as nearly as may be as civil actions are tried, except as otherwise provided in this article; and the costs shall be taxed in the same manner as in civil actions, and the court shall have power to order amendments to the notice and answer and to all other procedings as pro- vided in the code of civil procedure, and he shall have power to make all orders and enter final judgment in such contests the same as in civil actions. (R. C. 1905, § 692; 1885, ch. 54, § 5; R. C. 1895, § 567.) § 1051. CONTESTS OF ELECTIONS FOR REMOVAL OF COUN- TY SEAT, ETC. In any county where there is a vote for the election or for the removing or changing of the coimty seat of such county, or changing the county lines thereof, any elector of such county on leave of the district court may contest the validity of such election as to the right of the place declared and selected as the county seat, or as to any county line declared to be established or changed by a vote. Such elec- tor shall give notice in writing of such contest to the commissioners or a majority of them, of the county in which such vote is taken, by serving a notice as provided in section 1046, within thirty days after the result of such vote is canvassed. Such notice shall specify the grounds of such contest, and shall be filed with the clerk of the district court within ten days after the service thereof upon the county commissioners as afore- said, and such contest shall be tried and determined by the district court or by a jury as provided for in this article for the contest of county 206 STATE OF NORTH DAKOTA ] I oflacers. The county commissioners of such county sliall appear and de- i fend such contests, but in case they fail to appear and defend the same, \ any elector of such county may at any time before such trial, on leave i of the court, appear and defend the same, and all testimony and depo- j sitions shall be taken in the same manner as in civil actions. (R. C. 1905, ; § 693; 1885, ch. 54, § 6; R. C. 1895, § 568.) ; Validity of county seat election tested only in direct proceeding. Remington i V. Higgins, 6 S. D. 313, 60 N. W. 73. Mandamus will lie to compel county officers to hold their offices at county I seat, to determine whether county seat has been legally changed. State v. Langlie, 5 N. D. 594, 67 N. W, 958. 1 Elector can maintain action where election for removal was under an invalid ! law. Adams v. Smith, 6 D. 94, 50 N. W. 720. 1 Fitzmaurice r. Willis, 20 N. D. 372, 127 N. W. 95. | On conclusiveness of finding of canvassing boards after time for making ^ contest expires. State ex rel. Minehan v. Thompson, 24 N. D. 273, 139 N. W. 960. j Does not apply to an election which merely amounts to an expression of pre- ! ference of location of county seat, preliminary to final vote at general election. CahUl V. McDowell, 40 N. D. 625, 169 N. W. 499. ! § 1052. CONTESTS MAY BE TRIED BY REFEREE. All contests i brought under the provisions of this article may be referred by the court or judge thereof to a referee as provided in the code of civil procedure^' and when the parties to such contest do not consent to a reference the! court or a judge thereof may in his discretion order such reference.! (R. C. 1905, § 694; 1885, ch. 54, § 7; R. C. 1899, § 569.) I § 1053. SURETY FOR COSTS MUST BE FURNISHED. Anyj person bringing a contest under the provisions of this article must before! bringing the same furnish good and sufficient surety for costs as pro-' vided in the code of civil procedure, and the obligation of such surety; shall be complete by simply indorsing the notice of contest as surety fori costs. (R. C. 1905, § 695; 1885, ch. 54, § 8; R. C. 1899, § 570.) \ ■■\ Motion for additional security must be granted and time for giving same lapse, before court can dismiss election contest because of insufficient security for costs. Murtha v. Howard, 20 S. D. 152, 105 N. W. 100. § 1054. APPEALS IN CONTEST CASES. Appeals from final judg- ment or decisions in such contests may be taken without making a motion: for a new trial in the district court in the manner provided for in the code^ of civil procedure, except that the undertaking on appeal shall be in the! sum to be fixed by the judge, not less than five hundred dollars, and shall^ be approved by the judge or by the clerk of the district court of the| proper county or subdivision under the direction of the judge. (R. O.j 1905, § 696; 1885, ch. 54, § 9 ; R. C. 1895, § 571.) ' Appeal does not lie from order vacating default judgment. Jensen v. Petty, ' 14 S. D. 434, 85 N. W. 923. i i § 1055. APPEALS TO THE SUPREME COURT. Appeals to the; supreme court under the provisions of this article must be taken within' ELECTION LAWS OF NORTH DAKOTA 207 sixty days after notice of the entry of final judgment, and the party ap- pealing must immediately procure the transmission of the record pn such appeal to the clerk of the supreme court, and such appeal may be brought on for hearing before the supreme court at any time such court shall be in session upon ten days' notice from either party; and the same shall be heard and determined in a summary manner. Such noticei of hearing may be served during the time or in vacation. (R. O. 1905. § 697: 1885. ch. 54, § 10; R. C. 1899, § 572.) Appeal does not suspend right of successful party to perform the duties of his office. Fylpaa v. Brown Co., 6 S. D. 634, 62 N. W. 962. Appeal dismissed unless taken within sixty days from entry of final judg- ment. Murray v. Whitmore, 9 S. D. 288, 68 N. W. 745. § 1056. CONSTRUCTION OF THIS ARTICLE. This article shall not be construed to affect any of the remedies or rights of action or pro- ceedings provided for in the code of civil procedure. (R. C. 1905, § 698; 1885, ch. 54, § 11: R. C. 1899, § 573.) The foregoing sections do not prevent testing the result of an election by mandamus. Smith y. Lawrence, 2 S. D. 185, 49 N. W. 7; State v. Langlie, 5 N. D. 594, 67 N. W. 958; State v. CaUahan, 4 N. D. 481, 61 N. W. 1025. May be tried by either statutory or civil action. State ex rel. Butler v. Callahan, 4 N. D. 481, 61 N. W. 1025. Provision for testing election of city officer before city council or other municipal body as exclusive of mandamus. 26 L. R, A. (N. S.) 211. Right to try question, who is de facto officer in mandamus proceeding. 13 L. R. A. (N. S.) 661. Mandamus to compel acceptance of office. 24 L. R. A. 493. Mandamus to restore to office one who has been illegally removed. 19 L. R. A. (N. S.) 49. Necessity of a demand and refusal as condition or right to mandamus to compel surrender of office. 31 L. R. A. 348. § 1057. PROVISIONS OF CODE OF CIVIL PROCEDURE AP- PLICABLE, WHEN. Except as otherwise provided in this article, the provisions of the code of civil procedure are applicable to and constitute the rules of practice in the proceedings mentioned in this article. (R. C. 1905, § 699: 1885, ch. 54, § 12 ; R. C. 1899, § 574.) § 1058. PROVISIONS OF CODE OF CIVIL PROCEDURE AP- PLICABLE AS TO APPEALS. The provisions of the code of civil pro- cedure relative to appeals in civil actions, except in' so far as they are in- consistent herewith, apply to the proceedings mentioned in this article. (R. C. 1905, § 700; 1885, ch. 54, § 13 ; R. C. 1895, § 575.) ARTICLE 22.— CONTEST OF ELECTION OF PRESIDENTIAL ELEC- TORS. § 1059. COURT FOR TRIAL. CONTESTS OF PRESIDENTIAL ELECTORS. The board for the trial of contests of elections for presi- dential electors shall consist of the chief justice of the supreme court. .208 STATE OF NORTH DAKOTA who shall be president of the board, and two judges of the district court, to be designated by the governor. If the chief justice shall for any cause be unable to attend at such trial, the next senior judge on the supreme bench shall preside in place of the chief justice. The secretary of state shall be the clerk of the board, or in his absence or inability to act the clerk of the supreme court shall be the clerk. Each member of the court before entering upon the discharge of his duties shall take an oath before the secretary of state or some oflicer qualified to administer oaths, that without fear, favor, affection or hope of reward he will, to the best of his knowledge and ability, administer justice according to law and the facts of the case. (R. C. 1905, § 701; 1892, Sp. ; R. C. 1895, § 57G.) § 1060. CONTESTANT MAY APPLY TO COURT. Any person who by the proclamation of the governor as hereinbefore provided, appears to have received not less than one-fifth of the votes cast at an election for electors of president and vice-president of the United States may apply to the board provided for in the preceding section for a declaration of his election as elector. (R. C. 1905, § 702; 1892, Sp. ; R. C. 1895, § 577.) § 1061. APPLICATION TO STATE GROUNDS OF CONTEST.' Such application shall be made by petition in writing to be filed in the oflice of the secretary of state within ten days from the date of the proclama- tion provided for in section 1028, who shall forthwith convene the board. The petition shall set forth the names of the persons whose election is con- tested, and the ground for such contest. The petitioner shall before any proceedings are had upon the petition, except the convening of the board, file a bond to the state in such sum and with such surety as the court shall order, conditioned for the payment of all costs incurred in the prosecution of such contest in case he shall not prevail. (R. C. 1905, § 703; 1892, Sp. ; R. C. 1895, § 578.) § 1062. NOTICE TO PARTY CONTESTED, HOW GIVEN. Upon the filing of such petition and the giving of such bond the board shall order liotice of the petition to be given, in such manner as it may direct, to the governor and to the person whose election is contested, which notice shall be published in such newspaper as the board shall order. Such notice shall contain a concise statement of the facts alleged in the petition and sliall designate the time and place fixed by the board for the hearing of the same, which time shall not be less than three nor more than fifteen days from the filing of the petition. ("R. C. 1905, § 704 ; 1892, Sp. ; R. C. 1895, § 579.) § 1063. APPEARANCE BY PARTIES TO CONTEST. At the time fixed for the hearing the petitioner shall appear and produce his evidence and the person whose election is contested may appear and produce evi- dence in his behalf. Either party may appear in person or by attorney, And no other person shall be entitled to be made a party to such proceedings or to be heard personally or by counsel therein ; provided, that if more ELECTION LAWS OF NORTH DAKOTA 209 than one petition is pending, or more than one election is contested the Ijoard may order the contests to be heard together in its discretion. (B. O. 1905, § 705; 1892, Sp. ; R. C. 1895, § 580.) § 1064. HEARING, HOW CONDUCTED. The board shall there- upon hear the contest and decide all questions of law and fact involved. The burden of proof in each case shall be upon the petitioner and the Ilea ring shall be confined to the grounds stated in the petition, but the board may in its discretion allow the petition to be amended. No ex parte affidavits shall be competent evidence at such hearing. No person shall be excused from testifying or from producing papers or documents at such hearing on the ground that such testimony will tend to criminate himself ; but no person so testifying shall be liable to any suit or prosecution, civil or criminal, for any matters or causes in respect to which he shall be so examined or to which his testimony shall so relate. The board shall have the same power to compel the attendance of witnesses as the district courts of this state possess, and nothing in this article contained shall be held to limit the power of the board to make such regulations as to the conduct of the proceedings as it may deem proper, not inconsistent with the provisions of this article, and the board shall have all powers neces- sary to the complete carrying out and performance of the authority con- ferred upon it by this article. (R. C. 1905, § 706; 1892, Sp. ; R. C. 1895, i 581.) § 1065. DETERMINATION OF BOARD, HOW CERTIFIED. The board shall determine in each case which of the parties to the proceedings is entitled to the office of elector, and shall cause such determination to be entered of record in such manner and form as it shall direct, and shall forthwith certify the same to the governor and secretary of state, and such determination so certified shall be final and conclusive that the i)er- son therein stated to have been elected is duly elected, and the governor shall forthwith transmit to such person a certificate of his election, and every such certificate shall recite that it is issued pursuant to a determina- tion under this article, referring to this article. The court shall so ar- range and conduct the trial of such contest that a final determination thereof shall be rendered at least six days prior to the second Monday in January next following. (R. C. 1905, § 707; 1892. Sp. ; R. C. 1895, § 582.) § 1066. FAILURE OF PETITIONER TO APPEAR, EFFECT OF. If any petitioner shall fail to appear and prosecute his petition against any person who has been made a respondent thereto, according to the requirements of this article and of such rules as the board shall make, the board shall determine that he has so failed, and shall cause such de- termination to be entered of record in such manner and form as it shall direct, and shall forthwith certify such determination to the governor and secretary of state ; and the same shall be a final and conclusive bar to the claim of the petitioner against such respondent as fully and complete- ly as if such claim had been heard and determined on its merits, and the 210 STATE OF NORTH DAKOTA i ! governor shall issue such certificate as provided in the preceding section. ( (R. C. 1905, § 708; 1892, Sp. ; R. C. 1895, § 583.) | § 1067. COSTS, TAXATION OF. The costs of all proceedings under \ this article shall be taxed under the direction of the board, and if two or '• more cases are heard together the costs shall be apportioned as the board shall direct, and in each case in which the petitioner shall not finally pre- vail the costs shall be paid by him, and in each case in which the peti- tioner shall finally prevail the costs shall be borne by the state, in which case the board shall certify the costs to the state auditor, who shall issue j his warrant upon the state treasurer in payment of the same. (R. C. 1905, ] § 709; 1892, Sp. ; R. C. 1895, § 584.) ^ § 1068. FINAL HEARING, HOW DETERMINED. The final hear- ! ing and determination under this article shall be bv a majoritv of the ! i board, but any single member may exercise any other of the powers given ; to the board by this article. (R. C. 1905, § 710: 1892, Sp. : R. C. 1899, i § 585.) I § 1069. MILEAGE AND PER DIEM OF MEMBERS OF BOARD. ; The members shall be entitled to receive for their travel and attendance the sum of six dollars per day and ten cents per mile for each mile neces- ■ sarily traveled, to be paid from the state treasury upon the warrant of ' the state auditor. (R. C. 1905. § 711: 1892, Sp. : R. 0. 1899, § 586.) ! ARTICLE 23.— CONTEST OF LEGISLATIVE ELECTIONS. | i § 1070. NOTICE OF CONTEST IN LEGISLATIVE ELECTIONS. ' When any person intends to contest the election of a member of the legis- lative assembly, he may, within ten days after the result of such election shall have been determined by the board of canvassers, give notice in ; waiting to the member whose seat he desires to contest of his intention to I contest the same, and in such notice shall specify particularly the grounds j upon which he relies in the contest. (R. C. 1905, § 712; R. C. 1895, ! § 587; ch. 47, § 1, Pol. C. 1877.) ' § 1071. ANSWER TO NOTICE. Any member elect, upon whom i the notice mentioned in the preceding section may be served, shall within , ten days after the service thereof answer such notice admitting or denying : the facts alleged therein and stating specifically any other grounds upon which he rests the validity of his election and shall serve a copy of his answer upon the contestant or his attorney. All allegations contained in the notice and not denied in the answer shall be taken as admitted. (R. C. 1905, § 713: R. C. 1895, § 588; ch. 47, § 2, Pol. C. 1877.) § 1072. TESTIMONY TAKEN, WHEN. In all such contests the con- testant may begin taking testimony as soon as the notice of contest is served and the person whose election is contested may commence taking testimony as soon as his answer is served, and both narties mav continue ELECTION LAWS OF NORTH DAKOTA 211 to take testimony for ten days after the time for serving and answer has expired, after which time the contestants may take testimony in rebuttal only for five days. (R. C. 1905, § 714; R. C. 1895, § 589: ch. 47, § 4, Pol. C. 1877.) § 1073. NOTICE TO TAKE DEPOSITIONS SAME AS IN CODE OF CIVIL PROCEDURE. Depositions taken under the provisions of this ar- ticle may be taken in the manner and upon the notice prescribed in the code of civil procedure for taking depositions in civil actions. (R. C. 1905, § 715; R. C. 1895, § 590; ch. 47, § 5. Pol. C. 1877.) § 1074. TESTIMONY TAKEN AT ONLY TWO PLACES AT A TIME. Testimonj' taken under the provisions of this chapter shall not be taken at more than two places at the same time by either party, except by order of the court or the judge thereof. (R. C. 1905, § 716; R. C. 1895, § 591: ch. 47. § 6, Pol. C. 1877.) § 1075. SUBPOENA TO COMPEL ATTENDANCE OF WITNESSES. When either party to such contest desires to take testimony therein, he may apply to any notary public or justice of the peace in the county where the testimony is to be taken for a subpoena to compel the attendance of witnesses, and the officer to whom such application is made shall there- upon issue his subpoena directed to such witnesses as shall be named to him. requiring their attendance before him at such time and place as may be named in the subpoena to give testimony relating to such contests. (R. C. 1905. § 717; R. C. 1899, § 592: ch. 47. § § 7 and 8, Pol. C. 1877.) § 1076. DEPOSITIONS TAKEN WITHOUT NOTICE ON STIPULA- TION. It shall be competent for the parties to such contest by consent in writing to take depositions without notice. Such written consent shall be returned with the depositions. (R. C. 1905, § 718; R. C. 1895, § 593; ch. 47, § 9; Pol. C. 1877.) § 1077. SUBPOENA SERVED, HOW. Witnesses may be sub- poenaed in the manner provided in the code of civil procedure. (R. C. 1905, § 719; R. C. 1895, § 594; ch. 47, § 10. Pol. C. 1877.) § 1078. ATTENDANCE COMPELLED ONLY IN COUNTY. No witness shall be required to attend an examination out of the county in which he resides or is served with a subpoena. (R. C. 1905, § 720; R. C. 1899, § 595; ch. 47, § 11. Pol. C. 1877.) § 1079. FAILURE TO ATTEND AND TESTIFY. PENALTY. Any person who. having been summoned in the manner above prescribed, re- fuses or neglects to attend and testify in obedience to such subpoena, unless prevented by sickness or unavoidable necessity, shall forfeit the sum of twenty dollars to be recovered with costs of suit in a civil action in the name and for the use of the party at whose instance the subpoena was 212 STATE OF NORTH DAKOTA ^ -.^_^___^_ t ! issued, and such person is also guilty of a misdemeanor. (R. C. 1905, j § 721; R. C. 1895, § 596; ch. 47, § 12, Pol. C. 1877.) ; § 1080. DEPOSITIONS OF NONRESIDENT WITNESSES MAY '] BE TAKEN. Depositions of witnesses residing outside of the district and \ beyond the reach of a subpoena may be taken before any officer authorized \ to take testimony in a civil action. (R. C. 1905, § 722; R. C. 1899, § 597; . ch. 47, § 13, Pol. C. 1877.) ■ « I § 1081. EXAMINATION OF WITNESSES. All witnesses, who at- j tend in obedience to a subpoena or who attend voluntarily at the time and j place appointed, of whose examination notice has been given as provided i in this article, shall then and there be examined on oath by the officer who ] issued the subpoena, or in case of his absence, by any other officer au- | thorized to issue such subpoena, or by the officer before whom the deposi- j tions are to be taken by written consent, as the case may be, touching all j such matters respecting the election being contested as shall be proposed j by either of the parties or attorneys. ( R. C. 1905, § 723; R. C. 1899, j § 598; Ch. 47, § 14, Pol. 0. 1877.) § 1082. TESTIMONY MUST BH CONFINED TO ISSUE. The tes- timony to be taken by either party to such contest shall be confined to the issues raised by the notice of contest and answer thereto. (R. C. 1905, § 724; R. C. 1895, § 599; ch. 47, § 15, Pol. C. 1877.) § 1083. TESTIMONY MUST BE REDUCED TO ^VRITING. The officer shall cause the testimony of the witnesses to be reduced to writing in his presence and in the presence of the parties or their attorneys, if in attendance, and each witness shall sign his name at the end of his testi- mony. (R. C. 1905, § 725; R. C. 1895, § 600; ch. 47, § 16, Pol. C. 1877.) § 1084. PRODUCTION OF PAPERS MAY BE REQUIRED. The of- ficer before whom any deposition is taken shall have power to require the production of papers, and, on the refusal or neglect of any person to pro- duce and deliver up any papers in his possession pertaining to such elec- tion, or to produce certified or sworn copies of the same in case they are official papers, such person shall be liable to all the penalties prescribed in section 1079. All papers thus produced and all certified or sworn copies of official papers shall be transmitted by the officer, with the testimony of the witnesses, to the secretary of state for the use of the legislative assembly. (R. C. 1905, § 726; R. C. 1899, § 601; ch. 47, § 17, Pol. C. 1877.) § 1085. ADJOURNMENTS. The taking of the testimony may, if so stated in the notice, be adjourned from day to day. (R. C. 1905, § 727; R. C. 1899, § 602; ch. 47, § 18, Pol. C. 1877.) § 1086. PAPERS TO BE ATTACHED TO DEPOSITION. The notice to take depositions with the proof or admission of service thereof and a copy of the subpoena, where any has been served, shall be attached to the ELECTION LAWS OF NORTH DAKOTA 213 deposition when completed together with a copy of the notice of contest and answer, which shall be annexed to the deposition taken and transmit- ted with them to the secretary of state. (R. C. 1905, § 728; B. C. 1899, § 603; ch. 47, § 19, Pol. C. 1877.) § 1087. TESTIMONY TO BE FOBWABDED TO THE SECBETABY OF STATE. All oflBcers taking testimony to be used in a contested elec- tion case shall, when the taking of the same is completed, immediately cer- tify to the same as required by law in other cases, and inclose the same in a sealed envelope and after indorsing on such envelope the title of the contest forward the same by mail to the secretary of state; and the secretary of state is authorized to open the same at the instance of either party or his attorney. ( B. C. 1905, § 729 ; B. C. 1895. § 604 ; ch. 47, § 20, Pol. C. 1877.) § 1088. FEES OF OFFICEBS AND WITNESSES. Each witness attending in obedience to a subpoena as herein provided, and all oflScers employed in taking testimony in such contested election cases or serving any subpoena or notice herein authorized shall be entitled to receive, from the party at whose instance the service or attendance shall have been performed, such fees as are allowed for similar services in civil actions in courts of record in this state. (B. C. 1905, § 730 ; B. C. 1895, § 605; ch. 47, § 21. Pol. C. 1877.) § 1089. NO LEGISLATIVE EXPENSE. No payment shall be made by the legislative assembly out of its contingent fund or otherwise to either party to such contest for exi)enses incurred in prosecuting or de- fending the same. ( B. C. 1905, § 731; B. C. 1899, § 606; ch. 47, § 22; Pol. C. 1877. ) ABTICLE 24.— BEGISTBATION OF VOTEBS. § 1090. BEGISTBATION OF VOTEBS. WHEN BOABD SHALL MEET. The persons authorized by law or appointed pursuant to any village or city ordinance to act as judge of election in any village, city, ward or other election precinct in this state shaU, together with the in- spector of election for such precinct, constitute a board of registry for their respective precincts, and they shall meet on Tuesday, two weeks preceding any general election, or annual city election, at nine o'clock a. m. and make a list, as hereinafter prescribed, of all persons qualified to vote at the ensuing election in such election precinct, which list when completed shall constitute and be known as the register of electors of such precinct. (B. C. 1905. § 732 ; 1881, ch. 122, § 1 ; 1899, ch. 133, B. C. 1899, § 607.) Requirements as to, are not mere regulations but qualifications that the elector must have before voting. Farren v. Commissioners, 5 D. 36, yj N. W. 756. The term "general election" is used to identify and designate the whole election held on the Tuesday after the first Monday in November in even numbered years, and registration requirement applies to all electors desiring to vote on that day either for the election of state officers or on any other 214 STATE OF NORTH DAKOTA question submitted at the same time. Fitzmaurice v. Willis, 20 N. D. 380, 127 N. W. 95. No registration contemplated except of electors and women are not re- quired to register or furnish affidavit, to entitle them to vote for school of- ficers. Wagar v. Prindeville, 21 N. D. 245, 130 N. W. 224. See Kerlin v. Devils Lake, 25 N. D. 248, 141 N. W. 756. Validity of statutory regulation of registration. 25 L. R. A. 484. Constitutionality of registration laws. 23 Am. Dec. 642; 54 Am. Rep. 843. § 1091. REGISTERS, WHAT TO CONTAIN. Such registers shaU each contain a list of the qualified electors of such precinct, alphabetically arranged according to their respective surnames, so as to show in one column the name at full length, and in another column the residence by the number of the dwelling, if there is a number, and the name of the street or other location of the dwelling place of each elector. It shall be the duty of such board to enter in such lists the names of all persons resid- ing in its election precinct whose names appear on the poll list made in such precinct at the last preceding election, the number of the dwelling and name of the street or other location if same is known to or can be ascertained by such board, and for this puri)ose the board is authorized to take from the office in which it is filed the poll list made and filed by the judges or inspector of such precincts at the election held next prior to the making of such register. In making such register the board shall enter therein in addition to the names on the poll list, the names of all other persons who are known to them to be qualified electors in such precinct, or shall be proved to be qualified electors by the oath of the person apply- ing to be registered, or by the oath of some elector whose name has been already placed upon the poll list ; and the names of all persons on the poll list who have died or removed from the precinct shall be omitted from the register. It shall also be the duty of said board to enter in such register, alphabetically in separate columns as provided herein, the names of all ! women entitled to vote for candidates for school offices and on questions -h pertaining solely to school matters in all cities of three thousand in- ' habitants or over. Such board shall complete as far as practicable such [ register on the day of their meeting aforesaid, and shall m*ake two copies > thereof and certify the register and each of the copies to be a true list of I the voters in its precinct so far as the same are known, within ten days I thereafter; such original list, together with the list taken from the office i aforesaid, shall be filed with the board and shall be kept by one of the : judges or by the inspector and carefully preserved for its use on the day j hereinafter mentioned for the revision and correction of the same. One I copy of such list shall immediately after its completion be posted in some | public and conspicuous place at or near the place where the last preceding \ election in such precinct was held, and be accessible to any elector who may desire to examine the same or make copies thereof. Any person who ■ shall tear down, deface or destroy any list so posted, is guilty of a mis- ; demeanor and shall be punished by a fine not exceeding five hundred dollars - or by imprisonment in the jail not exceeding five years, or by such fine and j 1 ELECTION LAWS OF NORTH DAKOTA 215 imprisoiimeut. (11)11, ch. 127: R. C. 1905, § 733; 1881, cli. 122, § 2 ; R. C. 1895. § 608.) Effect of loss or destruction of registry lists. 28 L. R. A. (N. S.) 989. Is "general election law in relation to registration of electors on election days" referred to in chapter 213, Laws of 1911. State ex rel. Miller v. Flaher- ty, 23 N. D. 313, 41 L. R. A. (N. S.) 132, 136 N. W. 76. § 1092. REGISTRY LIST IN NEW PRECINCT. In case any elec- tion precinct shall be formed by the organization of a new precinct or by division of any village, ward or precinct, or the incorporation of a city or village, the judges or the inspector of elections in the new precinct thus formed, may make a registry of electors on the day prescribed by this ar- ticle in such manner as a majority of them may direct, and for this pur- pose they may make a list or cause to be made a certified copy of the poll list or lists of the precinct or precincts in which such new precinct was situated, or they may dispense with such list and proceed to make a regis- ter of electors from the best means at their command. Such lists shall only embrace the names of such persons as are known to them to be electors in their precinct or proved to be such by the oath of an elector whose name has already been entered upon such register, or by the oath of the appli- cant : and such list shall be preserved and a copy posted up as prescribed in the preceding section and shall be revised and corrected in the same man- ner as other lists are corrected. (R. C. 1905, § 734; 1881, ch. 122, § 3; R. C. 1895, § 609.) § 1093. BOARD OF REGISTRATION, SECOND MEETING. Such boards shall again meet on Tuesday of the week preceding such elec- tion in their respective election precincts at the place designated for hold- ing the polls for the purpose of revising, correcting and completing such lists, and for this purpose they shall meet at eight o'clock a. m., and re- main in session until eight o'clock p. m. (R. C. 1905, § 735; 1881, ch. 122, § 4; R. C. 1899, § 610.) § 1094. PROCEEDINGS OF BOARD TO BE PUBLIC, The pro- ceedings of such board shall be open, and all persons residing and entitled to vote in such precincts shall be entitled to be heard by such board in re- lation to corrections or additions to such register, and the judges or the inspector nre empowered to adminiser oaths for this purpose. One of the lists so kept by the judges or inspector as aforesaid shall be used by them on the day of making corrections or additions for the purpose of complet- ing the registry of such precinct. (R. C. 1905, § 736; 1881, ch. 122, § 6; R. C. 1899, § 611.) § 1095. REGISTRY LIST TO BE REVISED. It shaU be the duty of such board at its meeting for revising and correcting such lists to erase therefrom the name of any person inserted therein who shall be proved by the oath of two legal voters of such precinct to the satisfaction of such board to be nonresidents of such precinct or otherwise not entitled to votQ 216 STATE OF NORTH DAKOTA therein at the election then next to be held. Any elector residing in such precinct and entitled to vote therein may appear before such board and require his name to be recorded in such list. Any person requiring his name to be recorded shall make the same statement as to street and num- ber thereof and where he resides which is required by the provisions of this article of persons offering their votes at the polls, and shall be sub- ject to the same penalties for refusing to give such information or for falsely giving the same, and shall also be subject to challenge either by the judges or the inspector or by any elector whose name appears on such list, and the same oath may be administered by the judges or inspector or other duly authorized person as is provided in case of persons offering to vote at an election ; and in case no challenge is made to any person requir- ing his name to be registered or in case of challenge, if such person makes oath as aforesaid, then the name of any such person shall be added to such list. (R. C. 1905, § 737; 1881, ch. 122, § 7 ; R. C. 1899, § 612.) Good faith as affecting criminal responsibility for illegal registration. 37 L. R. A. (N. S.) 1177. § 1096. RECEIVING VOTE FROM PERSON NOT ON REGISTRY LIST. After such lists shall have been fully completed such board shall within two days cause two copies of the same to be made, each of which shall be certified by it to be a correct list of the qualified electors of the precinct so far as known, which list the judges or inspector shall carefully keep and preserve for use on election day ; and at the opening of the polls the judges or inspector shall designate two of their number to check the name of each voter voting in such precinct whose name is on the register. No vote shall be received at any election in this state if the name of the person offering such vote is not on the register, unless person shall furnish to the judges of election his afiidavit, stating therein that he is a resident of such precinct, giving his place of residence and length of time he has resided there, and also prove by the oath of a householder and registered voter of the precinct that he knows such person to be a resident therein, giving his place of residence. Such oath may be administered by the in- spector or one of the judges of election, or any other person authorized to administer oaths, but no person shall receive any compensation for ad- ministering such oath. Such oath shall be preserved and filed by the judges of election. Any person may be challenged and the same oath required as is now or hereafter may be prescribed by law. Provided, that nothing herein contained shall be construed as rendering void the vote of any duly qualified elector whose vote has been received contrary to the provisions of this section ; but the person claiming the benefit of such vote in any action or judicial proceeding shall have the burden of establishing the fact that such vote was cast by a duly qualified elector. (1911, ch. 128 ; R. C. 1905, § 738; 1881, ch. 122, § 8 ; R. C. 1899, § 613.) Votes of nonregistered voters who furnish their affidavits must be received and counted. Power v. Hamilton, 22 N. D. 177, 132 N. W. 664. ELECTION LAWS OF NORTH DAKOTA 217 Votes received in violation of statute are invalid, as statute is mandatory. Fitzmaurice v. Willis, 20 N. D, 372, 127 N. W. 95. Oath may be taken giving new voter right to vote after return of en- rollment books to auditor, where such voter reaches age of majority after such return. State ex rel. Miller v. Flaherty, 23 N. D. 313, 41 L. R. A. (N. S.) 132, 136 N. W. 76. Does not apply to special city election. Kerlin v. Devils Lake, 25 N. D. 231, 141 N. W. 756. See Wagar v. Prindeville, 21 N, D. 245, 130 N. W. 224. Registration as condition of right to vote, 25 L. R. A. 480, Power of the state to require and to prescribe mode of proof of regis- tration. 28 Am. St. Rep. 260. § 1097. DUTY OF CLERKS OF ELECTION. The clerks of election in each precinct shall enter on the poll list kept by them in columns pre- pared, for that purpose, opposite the name of each person voting, the same statement or minute heretofore required of the board in making the registry ; but such entry shall not be made by them if the register cor- rectly contains the name and residence of such voter ; and in all cases such clerk shall enter in a column opposite the name of each person not regis- tered the words "not registered." And the clerks in case the name of such voter is not registered shall enter in the appropriate columns of the poll list the name and residence as in other cases. Any person making a false statement as to his residence or dwelling place shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars, or imprisonment in the penitentiary not exceeding two years, at the discre- tion of the court. (R. C. 1905, § 739; 1881, ch. 122, § 9: R. C. 1895, § 614.) § 1098. REGISTER MUST BE FILED. Within three days after the canvass of the votes the register so kept and checked as aforesaid shall be filed with the county auditor of the county in which such precinct is situated, and shall be retained and carefully preserved therein as a public record. (R. C. 1905, § 740; 1881, ch. 122, § 10; R. C. 1899, § 615.) § 1099. REGISTERS TO REMAIN PUBLIC RECORD. Such reg- isters shall at all times be open to public inspection without charge. (R. C. 1905, § 741; 1881, ch. 122, § 11 ; R. C. 1895, § 616.) § 1100. COMPENSATION OF MEMBERS OF BOARD OF REGIS- TRY. The members of the board of registry shall receive the same com- pensation as is now or may hereafter be allowed by law, not to exceed two dollars per day. (R. C. 1905, § 742; 1881, ch. 122, § 12 ; R. C. 1899, § 617.) § 1101. BOARD HAS POWER TO PRESERVE ORDER. The mem- bers of such board shall have and exercise the same powers in preserving order at their meetings under this article as are given to judges of election for preserving order on election day, and vacancies may be filled in such board in the same manner as vacancies of judges are now filled at elec- tions. (R. C. 1905, § 743; 1881, ch. 122, § 13; R. C. 1899, § 618.) 218 STATE OF NORTH DAKOTA § 1102. PENALTY FOR REGISTERING IN MORE THAN ONE PRECINCT. Any person who shall cause his name to be registered in more than one election precinct, or who shall cause his name to be regis- tered knowing that he is not a qualified voter in the precinct where such registry is made, or who shall falsely personate any registered voter, and any person aiding or abetting any person in any manner in either of such acts, shall be punished for each and every offense by imprisonment in the penitentiary for not less than two nor m.ore than five years. If any mem- ber or oflScer of such board shall willfully violate any of the provisions of this article, or be guilty of any fraud in the execution of the duties of his office, he shall be punished by imprisonment in the penitentiary for a period not exceeding two years. ( R. C. 1905, § 744 ; 1S81, ch. 122, § 14 ; R. C. 1899, § 619.) See Kerlin v. Devils Lake, 25 N. D. 248, 141 N. W. 756. Good faith as affecting criminal responsibility for illegal registration. 37 L. R. A. (N. S.) 1177. § 1103. COUNTY AUDITOR TO PROVIDE BLANK REGISTERS AND BLANKS. The county auditors shall provide the board of registry of the several precincts within their respective counties with the necessary blank registers and blanks at the expense of their respective counties. (R. C. 1905, § 745; 1887, ch. 48, § 1; R. C. 1899, § 620.) § 1104. WHAT CITIES GOVERNED BY THIS ARTICLE. All cities and villages containing eight hundred or more inhabitants shall be subject to the provisions of this article. To determine the number of in- habitants the number of votes cast at the last preceding general election shall be multiplied by five. (R. C. 1905, § 746; 1899, ch. 133; R. C. 1899, § 621. ARTICLE I.— SUPERINTENDENT OF PUBLIC INSTRUCTION. § 1105. QUALIFICATIONS OF, TERM OF OFFICE. There shall be elected by the qualified electors of the state at the time of choosing mem- bers of the legislative assembly, a superintendent of public instruction, who shall have attained the age of twenty-five years, who shall have the qualifications of an elector for that ofiice, and be the holder of a teacher's certificate of the highest grade, issued in this state. He shall hold his office at the seat of government for the term of two years, commencing on the first Monday in January following his election, and until his successor is elected and qualified. (1911, ch. 266, § 1 ; R. C. 1905, § 747; 1890, ch. 62, § 1; R. C. 1899, § 622.) A professional certificate issued under the provisions of 8 737, R. C. 1899, is a teachers certificate of the highest grade issued in this state within the pur- view of § 1105, and such certificate cannot be collaterally attacked on ground that it was issued without adequate examination. McDonald v. Nielson, ....N. D 175 N. W. 361. ELECTION LAWS OF NORTH DAKOTA 219 Nonpartisan nomination and election of superintendent of public instruc- tion, see Ch. 117, S. L. 1919. Right of woman to be superintendent or other officer of schools. 38 L. R, A. 212. ARTICLE 2.— COUNTY SUPERINTENDENT OF SCHOOLS. § 1121. ELECTION, TERM OF OFFICE. There shaU be elected in each organized county, at the same time other county officers are elected, a county superintendent of schools, whose term of office shall be two years, commencing on the first Monday in January following his election, and until his successor is elected and qualified. (1911, ch. 266, §17; R. C 1905, § 764; 1S97, ch. 77; R. C. 1899, § 638.) Nonpartisan nomination and election of county superintendent of schools, Ch. 117, S. L. 1919. Provides for term of two years for county superintendent and any addi- tional time which may elapse before qualification of successor. State v. Fabrick, 16 N. D. 94, 112 N. W. 74. Word "elected" as used in this section signifies election of qualified suc- cessor to incumbent. Jenness v. Qark, 21 N. D. 150, 129 N. W. 357, Ann. Cas. 1913B 675. § 1122. QUALIFICATIONS. No person shall be deemed qualified for the office of county superintendent in any county, who is not a graduate of some reputable normal school or higher institution of learning, or does not hold at least a second grade professional certificate, and who has not had at least two years' successful experience in teaching, one year of which shall have been in this state. (1911, ch. 266, § 18.) County auditor will not be prohibited from placing upon ballot name of one who was nominated as candidate for office of superintendent of schools, at suit of elector of his party on ground that such candidate would be ineligible. State V. Ochsenreiter v. Blegen, 26 S. D. 106, 128 N. W. 488. Collateral attack on certificate not permissible. Wendt v. Walker, N. D ,176 N. W. 930, following McDonald v. Nielson, .... N. D 175 N. W. 361. See WoU v. Jensen, 36 N. D. 250, 162 N. W. 403. COUNTY FAIRS. § 1874. TAX PROVIDED FOR SUBMITTED TO VOTE. When- ever the county commissioners shall have voted and ordered a tax levied in aid of an agricultural fair then at the next general election the question of continuing the annual levy and collection of said tax shall be submitted to a vote of the people affected thereby and the county auditor shall certify and give notice of the submission to vote of said question as in such cases provided by law. The ballots to be used at such election shall be in the following form: Yes □ For tax in aid of county fair No □ 220 STATE OF NORTH DAKOTA ; . _ — j I In voting upon such question the elector in favor of continuing said i tax shall place a cross "X" in the square marked "yes" and the electors ! opposed to continuing such tax shall place a cross in the square marked "no." If a majority of the ballots cast at such election is in favor of j continuing said tax the county commissioners may continue to levy the ; same annually, but if a majority is against levying said tax the county ' commissioners shall not thereafter levy any tax under this article; pro- , vided, however, the provisions of this article may be submitted by said i county commissioners to the electors of the county at any general elec- i tion, but the result of any election held under the provisions hereof shall j remain in force until changed at some subsequent election held hereunder. | (R. C. 1905, § 1315; 1905, ch. 70, § 6.) j PURCHASE OF LAND FOR COUNTY FAIRS. ; § 1. The Board of County Commissioners in the several counties in the state may, and when petitioned by five per cent in at least one-half of , voting precincts of the county of the legal voters of the county based upon ■ the votes cast for Secretary of State in such county at the last preceding gen- \ eral election, shall submit to the voters of the county at any general election , the proposition of purchasing or leasing in the name of the county not to ' exceed eighty acres of land to be used by such county for comity fair pur- . poses ; and if at such election a majority of the legal voters shall vote in \ favor of purchasing or leasing such land for such purposes it shall be the j duty of the Board of County Commissioners to purchase or lease in con- '. formity with this act, a tract of land, not to exceed eighty acres, in the name of the county for such purposes, and to build and construct thereon ] such buildings and make such improvements as they shall deem necessary j for the operation and management of a county fair. The election upon ' such purchase or lease shall be conducted, and the votes counted in the same manner as other elections. (Ch. 102, 1919 S. L. ) . § 1980. PURCHASE ROAD MACHINE. In any township in which i the whole or any part of the highway tax is paid in labor, the township board thereof may upon being petitioned in writing by a majority of the ] resident freeholders of the town, contract for and purchase, upon credit, : or otherwise, a road machine, road grader or wheeled scrapers, or one or j more of either of them for the use of the township, which implements shall ; be used and owned and cared for by the township. | Provided, however, that if the cost of such road m icliinery shall ex- j ceed the sum of four hundred dollars, the question of purchasing such ! road machinery shall be submitted to a vote of the electors at the next j annual township election. The form of the ballots shall be as follows : . For Purchasing Road Machinery | I i Against Purchase of Road Machinery I [ j ELECTION LAWS OF NORTH DAKOTA 221 Each voter shall place at the right of the proposition he favors in a square for that purpose the mark X. If a majority of the votes cast on the question are in favor of purchasing such road machinery the township board shall purchase the same, but if a majority of such ballots are cast against the proposition the township board shall not purchase such machinery. The posting of notices of such election and the manner of coimting ballots shall be the same as prescribed for the posting of election notices and counting of election ballots for the annual township election. The cost of such road implements shall be paid for out of the highway tax of the township and may be paid for in not to exceed five annual in- stallments. A copy of the notice or contract issued upon such purchase shall be filed in the office of the township clerk, and it shall be the duty of such township clerk to present a statement of the sum due thereon, to the township board, at each regular meeting held thereafter for the audit of the township claims and charges, and the township board shall audit the same. Not more than one-half of the highway tax of the township shall be applied to the payment thereof in any one year. The portion of such tax so applied shall be required to be paid in money, and shall be assessed and levied upon property of the township and collected in the same man- ner as other township charges are assessed, levied and collected, except that the amount thereof shall be put in a separate column of the tax roll, and the township board shall cause the same so certified to by the town- ship clerk, to be levied upon the taxable property of the township. (1917, ch. 201; R. C. 1905, § 1407; 1899, ch. 140, § 2 ; R. C. 1899, § 1115b; 1901, ch. 147.) § 2125. ASSESSORS' DISTRICTS. VACANCY. COMPENSATION. All coimties or parts of counties in this state not organized into civil town- ships shall be divided into assessor districts, which shall comprise the same territory as the commissioner districts of said county, excluding or- ganized civil townships and the district assessor thereof shall be elected at the same time that state officers are elected, and his term of office shall be two years from and after the first day of January following. In case of vacancy in the office of district assessor in any of such districts, such va- cancies shall be filled by the board of county commissioners of the proper county. Each organized civil township in the state shall continue an assessor district, and there shall annually be one township assessor elec- ted for each one of said townships, at the time the other township officers are elected ; provided, that any vacancy in township assessor may be filled by appointment by the board of supervisors of said township where such vacancy exists; provided, further, that cities, towns and villages or- ganized under the general laws of this state shall not be included ir the districts provided for in this section, but assessor of such cities, towns or village shall act with the board of county assessors in any meetings which may be held by such board of comity assessors. All assessors of territory not organized into civil townships shall be paid four dollars per day each and no more, for the time actually spent by them in making and 222 STATE OF NORTH DAKOTA completing said assessment. All assessors of civil townships shall receive three dollars per day, and no more, for the time actually employed in making and completing the assessment of their respective townships, but shall not receive more than sixty dollars for assessing any civil township ; provided, further, that no person shall be eligible to be assessor unless he is a voter and owner of real estate in the district or township of which he seeks to be assessor. (1909, ch. 198; R. C. 1905, § 1515; 1897, ch. 138; R. C. 1899, § 1209; 1903, ch. 36.) § 2126. BOND AND OATH OF ASSESSOR. Every person elected or appointed to the office of assessor shall, at or before the time of re- ceiving the assessment books, file with the county auditor his bond, issued by the state bonding department, payable to the state of North Dakota, to be approved by the chairman of the board of township super- visors, in counties organized into civil townships, and in counties not so organized, by the b<»ard of county commissioners, and in cities as pro- vided by law, in a penal sum not less than one thousand dollars nor more than two thousand dollars, in the discretion of the board requiring such bond, conditioned that he will diligently, faithfully and impartially per- form the duties enjoined on him by any law of this state now in force or which may hereafter be enacted ; and he shall moreover take and sub- scribe on said bond the oath prescribed by section 211 of the constitution, and if any person so elected or appointed fails to give bond or fails to make the oath required within the time prescribed by law, such failure shall be deemed a refusal to serve, and create a vacancy that shall be filled as hereinafter provided. (1913, ch. 50; R. C. 1905, § 1516; 1897, ch. 126, § 33; R. C. 1899, § 1210.) § 2151. ELECTORS MAY VOTE SUMS OF MONEY FOR ROAD WORK. The electors of each township have power at the annual meet- ing to vote to raise such sums of money for the repair and construction of bridges, for the support of the poor, and for all tow-nship charges and necessary expenses, as they deem expedient; provided, that they may, at their annual meeting, direct such an amount of the poll or road tax of the township to be expended on the highways in an adjoining township, as they deem conducive to the interests of the township, which labor and tax shall be expended under the joint direction of the supervisors of the township interested furnishing the same; provided, further, that where more than one entire congressional township is included within an or- ganized township, the poll and road taxes raised within the limits of each of such congressional townships shall be expended within such congressional townships, unless raised to be expended outside of such organized townships in an adjoining township, provided, further, that the amount of tax for road purposes shall not exceed eight mills, and for bridge purposes shall not exceed four mills, and that the levy of all township taxes shall be in the manner prescribed in Section 2148, and that the township clerk shall notify the County Auditor of all ELECTION LAWS OF NORTH DAKOTA 223 such levies as provided in Section 4237; provided, further, that none of the provisions of this section shall be construed as conflicting with the provisions of Article 9, Chapter 19, of the Political Code (Section 2004- 2034 herein) ; provided, also, that the Board of County Commissioners shall have the same jurisdiction in relation to roads and bridges, and the same power to levy road taxes on organized parts of counties, as the township supervisors now have in organized townships. (1919. ch. 231; R. C. 1905. § 1540; 1883, sub-ch. 1, ch. 112, § 13, 101; 1895. ch. 91, § 3; R. C. 1899, § § 2542, 2(>40, 2670; 1901, ch. 151. § 2: 1903, ch. 172.) On right to raise money for highway purposes at annual town meeting, and disposition of fund illegally raised. Miner v. Clifton Twp., 30 S. D. 127, 137 N. W. 585. AGRICULTURAL EXTENSION WORK. § 2263. COUNTY COMMISSIONERS LEVY TAX ON PETITION; MANNER OF DISCONTINUING SAME: DISPOSITION OF ACCUMU- LATED FUNDS. The Board of County Commissioners for any county in this state may in its discretion or upon petition of twenty-five per cent of the tax payers of said county, shall, annually make an appropri:ition and levy a tax upon all the taxable property of the county for the purpose of pro- moting diversified farming and agi-icultural development through the em- ployment, in co-operation with the Agricultural Extension Department of the Agricultural College and United States Department of Agi'iculture, of a person or persons to carry on Agricultural Extension work within said county. The amount of tax levied shall not exceed one-half mill upon the dollar of assessed valuation ; provided that upon the petition of not less than ten per cent of the electors of any county which has made an appropriation and levied a tax in accordance with Section 2263, the Board of County Commissioners shall at the next general election submit to the people of that county the question as to whether or not the said work and tax levy set forth in Section 22(>3 shall be continued in the fol- lowing manner : For support of co-operative Agricultural Extension Work FH Against support of co-operative Agricultural Extension Work I I If a majority of the votes upon the said proposition shall be cast against such co-operative agricultural extension work then such tax shall be discontinued by the Board of County Commissioners in the county on January 1st following said election; provided further, that any funds raised under the provisions of Section 2263 of the Compiled Laws of North Dakota for 1913 remaining unexpended in the treasury of any county in this state at the time of taking effect of this act may be by the Board of County Commissioners of such county, covered into and added to whatever fund the Board may deem most expedient. (1917, ch. 1; 1913, ch. 117, § 1.) See Westlake v. Anderson, 33 N. D. 326, 156 N. W. 925. 224 STATE OF NORTH DAKOTA POOR FARM. j I § 2529. ELECTION, PURCHASE, MANAGEMENT AND SALE. ; It shall be lawful for the Board of County Commissioners in the several counties in the state after having submitted the question to the legal i voters of the county at any special county or general election whenever the • Commissioners may deem it advisable, and if at such election a majority ] of the legal voters shall vote in favor of the proposition, to purchase a i tract of land in the name of the county, and build, establish and organize ! thereon, an asylum for the poor and to employ some humane and re- ; sponsible person, a resident of the county, to take charge of the same upon i such terms, and under such restrictions as the board shall consider most : advantageous for the interests of the county, who shall be called superin- tendent of the County Asylum ; and it shall be lawful for the County : Commissioners of two or more counties, after having been so authorized, by a majority of the legal voters of their respective counties, in the manner ; prescribed in this Section, jointly to purchase lands and erect asylums i and to continue such joint ownership during their pleasure ; and to do such ■ other things necessary and proper for the relief of the poor within such [ counties as might be done by a county acting alone ; provided, that the ; Commissioners of any county now acting and operating an asylum for the ' poor located over ten miles by the nearest traveled route, from the center ; of the county, and the same distance from the nearest village or city in ■ this state having a passenger depot, may sell such asylum or poor farm j at a price not less than the value to be established by the appraisers for state school lands in said county and purchase another tract of land, in , the name of the county, more suitably situated, and build, establish and ■ organize thereon an asylum for the poor as hereinbefore provided without ; first submitting the question to the voters of the county, provided, further the cost of the land and buildings so purchased and erected must not exceed \ the amount realize^ from the sale of the first asylum or poor farm by i over five thousand ($5,000.00) dollars. (1915, ch. 114; R. C. 1905, § 1871; i 1899, ch. 6; R. C. 1899, § 1495.) | ARTICLE 2.— CHANGING COUNTY LINES. | § 3199. COUNTY LINES. HOW CHANGED. When a majority of i the legal voters residing in any territory, not less than one congressional \ township, as appears by the vote cast for secretary of state at the last ■ general election, shall petition the board of county commissioners of ! their county, and also the county to which they desire such territory to I be transferred, for leave to have such territory transferred to such coun- i ty, the boards of county commissioners so petitioned shall order an elec- i tion for such purpose in their respective counties, to be held at and in con- j nection with the next general election ; provided such petition shall be | presented to the several boards of county commissioners at least sixty i days before such general election and the returns of such election shall be i ELECftON LAWS OF NORTH DAKOTA 225 made to the secretary of state. (1911, ch. 107; R. C. 1905, § 2323; R. C. 1895, § 1847.) § 3200. NOTICES OF ELECTION, HOW POSTED. Notices of such election shall contain a description of the territory proposed to be trans- ferred, the name of the county from and to which such transfer is in- tended to be made, and shall be posted as required for general elections. (R. C. 1905, § 2324: R. C. 1895, § 1848.) § 3201. TAXES. OFFICERS. BALLOTS. TRANSFER OF TER- RITORY. The ballots to be used at such election shall be in the following form: "For transferring territory," and "against transferring territory." If a majority of the voters voting upon such question in each of such counties shall be for transferring territory, then such territory shall be transferred to and become a part of the county to which it is proposed to transfer the same, on and after the first day of March succeeding such election, and shall be subject to all the laws, rules and regulations thereof ; provided, that the assessment and collection of taxes and judicial and other oflScial proceedings commenced prior to such first day of March shall be continued, prosecuted and completed in the same manner as if no such transfer had been made; and provided, further, that all township oflBcers within such transferred territory shall continue to hold their respective oflBces within the county to which they may be trans- ferred until their respective terms of oflSce expire. (R. C. 1905, § 2325; R. C. 1895, § 1849.) § 3202. AREA AND POPULATION. The area of no county shall be reduced, under the provisions of this article, to less than twenty-four congressional townships, nor the population to less than one thousand bona fide inhabitants. (R. C. 1905, § 2326; R. C. 1895, § 1850.) § 3204. ELECTION, HOW CALLED. When a majority of the legal voters of any territory less than one-half of one congressional township shall petition the boards of county commissioners as above provided, such boards may in their discretion order elections to be held as herein pro- vided, and in any case where elections have been held under this article and the result has been adverse to the i>etitioners, it shall be in the discre- tion of such boards of county commissioners to order another election on a petition to transfer the same territory, presented within three years from the time of holding of such former election. (R. C. 1905, § 2328; R. C. 1895, § 1853.) ARTICLE 3.— DIVISION OF COUNTIES. § 3205. ELECTORS MAY PETITION. Whenever it is desired to form a new county out of one or more of the then existing counties, and a petition praying for the formation of such new county, describing the ter- ritory proposed to be taken for such new county, together with the name of such proposed new county, signed by a majority of the legal voters 226 ' STATE OF NORTH DAKOTA I residing in the territory to be stricken from such county or counties (as j appears by the number of votes cast for governor at the last preceding general election), shall be presented to the board of comity commissioners j of each county to be affected by such division, and it appearing that such new county can be constitutionally formed, it shall be the duty of such i boards of county commissioners to make an order providing for the sub- \ mission of the question of the formation of such new county to a vote of ! the people of the counties to be affected, at the next succeeding general ' election, and notice thereof shall be given, the votes canvassed, and the ! returns made as in the case of the election of members of the legislative j assembly; and the form of the ballot to be used in the determination j of such question shall be "for new county" and "against new. county." \ (1917, ch. 60; R. C. 1905, § 2329; 1887, ch. 38, § 1; R. C. 1895, § 1854.) j ! As to the right of electors of county to vote upon all petitions in reference | to division of county, that conform to statute. State ex rel. Steel v. Fabrick, 17 N. D. 532, 117 N. W. 860. ■ Notice of election upon question of division of county, published for three consecutive weeks only, is insufficient. State ex rel. Minehan v. Meyers, \ 19 N. D. 804, 124 N. W. 701, but see State v. Miller, 21 N. D. 335, 131 N. W. 282. Necessity of execution and filing of equivalent of certificate of election on canvass of county division election. State ex rel. Minehan v. Thompson, 24 N. D. 211, 139 N. W. 960. ; Proceedings for division of county and for organization of new counties are strictly statutory, and no intendments can be indulged in their favor. State \ ex rel. Minehan v. Meyers, 19 N. D."804, 124 N. W. 701. j i § 3206. GOVERNOR TO APPOINT COUNTY COMMISSIONERS, i If it shall appear that a majority of all votes cast at such election in each ; of the counties interested is in favor of the formation of such new county \ or counties the county auditor of each of such counties shall certify the | same to the secretary of state, stating in such certificate the name, terri- ; torial contents and boundaries of such new county, whereupon the secre- ; tary of state shall notify the governor of the result of such election, whose ■ duty it shall be to appoint three persons, residents of the county so formed, possessing the qualification of electors, who will accept and qualify in such i ofl3ce, county commissioners for such new county, or counties, who shall ' hold their oflSce until the first general election thereafter and until their ■ successors are elected and qualified, and upon the qualifying of such com- , missioners such county shall be deemed to have existence as such and be governed by the laws of the state relating to counties. (1907, ch. 62; R. C. : 1905; § 2330; 1887, ch. 38, § 5; R. C. 1899, § 1855; 1905, ch. 75.) Necessity of execution and filing of equivalent of certificate of election on i canvass of county division election. State ex rel. Minehan v. Thompson, 24 | N. D. 273, 139 N. W. 960. ; Legal existence is not conferred upon new county where county has been | divided until after governor has appointed commissioners, and they have quali- i fied as such. Murray v. Davis, 21 N. D. 64, 128 N. W. 305. ELECTION LAWS OF NORTH DAKOTA 227 § 3207. COUNTY COMMISSIONERS TO APPOINT COUNTY OF- FICERS. The county commissioners appointed under the provisions of the preceding section, after having qualified according to law, shall ap- point all the county oflBcers of the county so organized, who after having qualified shall hold their oflBces until the first general election thereafter and until their successors are elected and qualified ; provided, that all jus- tices of the peace and constables in oflice within the boundaries of any county organized under this article shall continue to hold such offices in such new county during the remainder of their term, and shall give bonds to the county organized under this article of the same amount and in the same manner as to the original county. (R. C. 1905, § 2331; 1887, ch. 38, § 6; R. C. 1895, § 1856.) § 3208. COUNTY SEAT, HOW LOCATED. The county commission- ers of such county shall have power temporarily to fix the county seat and such location shall remain the county seat until the first general election thereafter, when the qualified voters of such county are empowered to vote for and select the place of the county seat by ballot as provided by law. Provided, however, that in counties where the county seat has not been permanently located, the question of location of such county seat may be voted on at any primary election upon a i)etition or petitions, each to be signed by at least ten i>er cent of the qualified voters of such county, voting for the office of Secretary of State at the last general election, stating the date of signing and the residence of each qualified voter, designating therein the proi>osed county seat, which said petition shall be filed with the County Auditor at least thirty days prior to the holding of any primary election, and if more than two towns are contend- ing for the location of the county seat at such election, then the two towns receiving the highest vote at such primary election, and these two towns only, shall be placed on the official ballot at the first following general election, and the town then receiving the highest number of votes cast for the county seat location at such general election, shall be desig- nated the county seat of such county and the county seat located thereat, and the question of county seat removal must not again be voted on for four years in any county where the county seat is so located. (1917, ch. 101; R. C. 1905, § 2332; 1887, ch. 38, § 7; R. C. 1895, § 1857.) Sute T. Anders, 30 N. D. 572, 152 N. W. 801. CahiU T. McDowcU, 40 N. D. 625, 169 N. W. 499. § 3209. COMMISSIONERS GOVERNED BY EXISTING LAW. In all matters not specially provided for in this article the county commis- sioners appointed as hereinbefore provided shall be governed by the laws then existing. (R. C. 1905, § 2333; 1887, ch. 38, § 8; R. C. 1899, § 1858.) § 3210. ELECTION GOVERNED BY GENERAL LAW. All elec- tions under this article, where not otherwise provided, shall be conducted in the same manner as required by law for general elections, and no re- STATE OF NORTH DAKOTA fusal or neglect on the part of any oflacial to perform his lawful duties in connection therewith shall in anywise affect the validity of such election. (R. C. 1905, § 2334; 1887, ch. 38, § 9 ; R. C. 1899, § 1859.) Neglect on part of election officials to perform their duties will not make election void, but person seeking to vote must know his vote is void unless statute is complied with. Fittzmaurice v. Willis, 20 N. D. 372, 127 N. W, 95. ARTICLE 4.— COUNTY SEATS. § 3233. COUNTY SEAT, REMOVAL OF. Whenever the inhabitants of any county in this state desire to remove the county seat of the county from the place where it is fixed by law, or otherwise, to another place they may present a petition to the board of county commissioners of their county praying such removal and that an election be held to determ- ine whether or not such removal shall be made. Such petition must be veri- fied by the affidavit of each of the signers thereof, stating that he is a resident of the county, a qualified elector therein, and that he per- sonally signed his name thereto knowing the contents and purposes of the petition ; provided, however, that where any city, town or village has been recognized as the county seat of any county for the period of more than ten years last past, and where all of the public business re- quired by law to be transacted at the county seat has been transacted at said place during all of said period, said city, town or village shall be deemed to be the county seat of such county, and the county seat can be removed therefrom only in the manner now provided by law. (R. C. 1905, § 2358; R. C. 1895, § 1880; 1901, ch. 57.) Mandamus proper remedy to determine whether county seat has been legally changed. Two -thirds vote polled means on particular question. De- termination of county board final on sufficiency of petitions. State ex rel. Little V. Langlie, 5 N. D. 594, 67 N. W. 958. Changed only by majority of all votes cast at election. Adkins v. Lien, 10 S. D. 436, n N. W. 909. Vote required, State v. Blaisdell, 18 N. D. 31, 119 N. W. 360. County failing to select cannot resubmit question for four years. State v. Porter, 13 S. D. 126, 82 N. W. 415. Ballot requirements are mandatory and statute is removal statute, and is constitutional. Miller v. Norton, 22 N, D. 196, 132 N, W, 1080. Attack upon petition for removal of county seat is too late, when made after necessary two-thirds of electors of county have at election determined in favor of removal. Miller v. Norton, 22 N. D. 196, 132 N. W. 1080. Election held under this section is one for the removal and not relocation of the county seat. State v. Anders, 30 N. D. 572, 152 N. W. 801. Place to which removal is desired need not be inserted in petition. Bugbec V. Steele Co., 41 N. D. 155, 170 N. W. 321. Reverter of land dedicated or conveyed for purpose of court house on re- moval of county seat or failure to use land for such purposes, 35 L. R. A. (N. S.) 603. Right to withdraw names from petition for removal of county seat. 35 L. R. A. (N. S.) 1113. ELECTION LAWS OF NORTH DAKOTA 229 § 3234. COMMISSIONERS TO SUBMIT QUESTION TO VOTE WHEN. If the petition is signed by qualified electors of the county equal in number to at least three-fifths of all the votes cast in the county at the last preceding general election, the board must, at the next general election submit the question of removal to the electors of the county. (B. C. 1905, § 2359; 1899, ch. 70; R. C. 1899, § 1881.) County commissioners to pass upon sufficiency of petitions. Bailey v. Pugh, .;.... N. D 179 N. W. 705, Pugh v. Hempftling N. D , 179 N. W. 706. § 3235. NOTICE OF ELECTION. Notice of such election, clearly stating its object, must be given and the election must be held and con- ducted and the returns made in all respects in the manner prescribed by law in regard to the submitting of questions to the electors of a local- ity under the general election law. (R. C. 1905, § 2360; R. C. 1895, § 1882.) See Opinions of the Attorney General No. 87. § 323G. BALLOT. HOW MARKED. NOTICE OF RESULT. In voting on the question, each elector must vote for the place in the county which he prefers by placing opposite the name of the place the mark (X). When the returns have been received and compared and the result ascertained by the board, if two-thirds or more of all the legal votes cast by those voting on the proposition are in favor of any particular place the board must give notice of the result by posting notices thereof in all the election precincts in the county and by publishing a like notice in a newspaper published in the county at least once a week for four weeks. (1915, ch. 116; 1907,, ch. 61; R. C. 1905, § 2361; R. C. 1895, § 1883.) State V. Anders, 30 N. D. 572, 152 N. W. 801. A ballot having a blank space in which the elector could write the name of the place which he preferred is sufficient. Bugbee v. Steele Co., 41 N. D. 155, 170 N. W. 321. On what basis majority essential to adoption of proposition for change of cotmty seat is to be computed. 22 L. R. A, (N. S.) 478. § 3237. COUNTY SEAT, WHEN DEEMED CHANGED. In the notice provided for in the last section the place selected to be the county seat of the county must be so declared from a day specified in the notice, not more than ninety days after the election. After the day thus named in the notice, the place chosen shall be the county seat of the county. (R. C. 1905, § 2362; R. C. 1895, § 1884.) § 3238. STATEMENT OF RESULT OF ELECTION, WHERE FILED. Whenever any election has been held as provided in this article, the statement made by the board of county commissioners, showing the result thereof, must be deposited in the office of the county auditor, and when- ever the board gives the notice prescribed in the last section, it must transmit a certified copy thereof to the secretary of state. (R. C. 1905,. S 2363 R. C. 1895, § 1885.) 230 STATE OF NORTH DAKOTA § 3239. When an election has been held and at least two-thirds of the votes cast at such election are not cast for some other place than that fixed by law as the former county seat, no second election for the removal thereof must be held for four years thereafter, provided, how- ever, that in counties where the county seat is not located on a railroad or interstate river, the question of county seat removal may be voted on at any primary election and if more than two towns are contending for the location of the county seat at such election, then the two towns re- ceiving the highest vote at such primary election and these two towns only shall be placed on the oflicial ballot at the first following general election, and the town then receiving the highest number of votes cast for the county seat location at such general election shall be designated the county seat of such county, and the county seat located thereat, and the question of county seat removal must not again be voted on for four years in any county where the county seat is so located. The provisions as to petition, notice, ballot, etc., provided by law for election for the removal of county seats shall be applicable to the primary election therein provided for, as well as the general elections. (1917, ch. 102; 1907, ch. 61; R. C. 1905, § 2364; R. C. 1895, § 1886.) Under a provision that a proposition once submitted and decided either way by a majority of the voters cannot be resubmitted within a period of two years*, an election thereon on a date two days short of such period has been held to be void. 9 R. C. L. 999, citing Battle Creek Brewing Co. v. Calhoun Co., 166 Mich. 52, 131 N. W. 160, Ann Cas. 1912D 946. § 3240. SUBSEQUENT REMOVAL, PETITION FOR. When the county seat of a county has been once removed by a two-thirds vote of the people of a county, it may be again removed from time to time in the manner provided in this article; but no election must be ordered to effect any such subsequent removal, unless a petition praying an elec- tion is signed by the qualified electors of the county equal in number to at least two-thirds of all votes cast at the last preceding general election, nor unless at such election, when ordered, two-thirds of all the votes cast are in favor of some other place as the county seat of the county, and such election, when so ordered, shall take place at the first general election held thereafter, nor must two elections to affect such removal be held within four years. (R. C. 1905, § 2365; R. C. 1895, § 1887.) Election held not oftener than once in four years. State ex rel. Cosper v. Porter, 13 S. D. 126, 82 N. W. 415. 3241-3243 held unconstitutional in Re Connolly, 17 N. D. 546, 117 N. W. 946. ARTICLE 8.--C0UNTY OFFICERS. § 3257. NUMBER AND ELECTION OF. Each organized county shall have the following officers: One county auditor, one register of deeds, one clerk of the district court, one state's attorney, one sheriff, one county judge, one county treasurer, one county surveyor, one coroner, ELECTION LAWS OF NORTH DAKOTA 231 one county superintendent of schools, one public administrator, four justices of the peace and four constables. And there shall be three or five county commissioners as hereinafter provided, who shall constitute the board of county commissioners. Such oflScers shall be chosen by the qualified electors of their respective counties at the general election in each even numbered year, except the commissioners who shall be chosen by the electors of their respective districts, of which district such commis- sioners shall be qualified electors. (R. C. 1905, § 2384; 1883, ch. 33, § 3; R. C. 1895, § 1890; 1903, €h. 140; Ch. 21, § 15, Pol. C. 1877.) § 3258. ADDITIONAL JUSTICES, WHEN. PETITION FOR. When- even ten or more qualified electors of any election precinct in this state, comprising one or more unorganized townships, shall file a petition with the county auditor of the county in which they reside, setting forth that there are not enough justices of the peace or constables in such precinct for the proper administration of justice, there shall thereafter be elected at the general election in each even numbered year two justices of the peace and two constables whose jurisdiction shall be the same as county justices and constables. On the filing of said petition such ofl5ces shall be deemed vacant and shall be filled by appointment of the board of county commissioners at their next regular meeting or at a special meeting called for that purpose. The oflScers so appointed shall hold oflSce until their successors are elected and qualified, or until the township or townships com- prising said election precinct shall become organized. (1909, ch. 81.) § 3259. SHERIFF AND TREASURER ELIGIBLE TWO TERMS ONLY, The sheriff and the county treasurer shall not be eligible for election to such offices for more than two successive terms of two years each. (R. C. 1905, § 2385; 1889, ch. 103, § 1 ; R. C. 1899, § 1891.) See Opinions of Attorney General Nos. 4 to 9 inclusive. See OFFICIAL NEWSPAPER—Chapter 187, S. L. 1919, Par. 4 thereof being amended by Ch. 62, S. L. 1921, following Section 946, ARTICLE 9.— COUNTY COMAHSSIONERS. § 3260. NUMBER OF COUNTY COMMISSIONERS MAY BE CHANGED, HOW. The number of county commissioners of any county may be increased to five or reduced to three in the manner following: Whenever the legal voters of the county, equal in number to twenty per cent of the legal votes cast at the preceding general election, petition the board of county commissioners for an increase or decrease in the number of county commissioners, said board shall submit the question to a vote of the electors of the county at a special election to be held either at the next state primary election, or general election, as the petition may pray. Notice of the submission of such question shall be given in the notice of election prescribed by section 982, If the petition is for an in- crease in the number of commissioners, the proposition shall be submitted in this form : STATE OF NORTH DAKOTA "For five commissioners." \ . ! "Against five commissioners." ] If it is for reduction, the proposition shall be in this form : \ "For three commissioners." ; "Against three commissioners." (1913, ch. 120; R. C. 1905, § 2386; i 1897, ch. 45; R. C. 1899, § 1892.) I On party nominations for county commissioners. State ex rel. Long v. Rex- | ford, 21 S. D. 86, 109 N. W. 216. j Where number of county commissioners fcas been increased by vote of county as provided for in this section, vacancy arises in office of county commis- : sioners of each of new districts. State ex rel. Atty. Gen, v. Davies, 23 N. D. 334, 136 N. W. 955. ! § 32G1. DISTRICTS, HOW FORMED. COMMISSIONERS, HOW.i DESIGNATED. When the returns of such election show a majority of j all the legal votes cast to be for an increase from throe to five, it shall I be the duty of the board of county commissioners, within ten days after i the votes have been canvassed, to divide the county into five districts, i The districts shall be numbered from one to five, those last creited being i designated fourth and fifth, respectively. At the ensuing general elec- : tiou commissioners for such additional districts shall be elected, the com- ; missioner for the fourth district for a term of two years, and the com- [ missioner for the fifth district for a term of four years. The tenure of ; ofiice of the existing board of county x'ommissioners shall not be affected. : The district which each commissioner shall represent shall be designated ! by such board. When the special election results in a majority for a . decrease of from five to three, the existing county board shall, at the i end of the first two expiring terms of the same year, decFare such dis- ; tricts vacant, and at their first regular meeting thereafter proceed to ', divide the county into three commissioner districts, and in such division : designate the district which each of the three remaining commissioners ' shall represent. (R. C. 1905, § 2387; 1890, ch. 48, § 2; R. C. 1899, j §1893; 1901, ch. 52, § 2.) j Commissioners bound to call county judge and auditor together, where petition to divide county is duly presented. State ex rel. Schilling v. Menzie. 17 ! S. D. 535, 97 N. W. 745. County commissioners will not lose ofBce by moving to another district in i county. Gray v. Beadle County, 21 S. D. 97, 110 N. W. 36. [ Where number qf county commissioners has been increased by vote of county, vacancy arises in office of county commissioner of each of new districts. State ex rel. Atty. Gen. v. Davies, 23 N. D. 334, 136 N. W. 955. J § 3262. COMMISSIONER DISTRICTS REDISTRICTED, WHEN. The county judge, auditor and clerk of the district court of each county shall constitute a redistricting board with power to redistrict the com- missioner districts in any county whenever twenty-five per cent of the legal voters of the county, as shall be determined by the votes cast at the last preceding general election for congressmen, shall petition said ELECTION LAWS OF NORTH DAKOTA 23J board to change the boundaries of the commissioner districts and file said petition with the county auditor. Within twenty days after the filing of said petition it shall be the duty of the county auditor to call a meeting of the redistricting board to consider such i>etition, and if it shall appear that the commissioner districts of such county are not reasonably equal in population or extent of territory they shall proceed at once to re- district such county into commissioner districts. (R. C. 1905, § 2388; 1895, ch. 34, §1; R. C. 1899, § 1894; 1901, ch. 54.) Districts can only be changed every third year. Van Den Bos v. Board, 11 S. D. 190, 76 N. W. 935. § 3263. DUTY OF REDISTRICTING BOARD. In redistricting any county it shall be the duty of the redistricting board to make the districts as regular and compact in form as practicable, and as equal in population as possible, as shall be determined by the vote cast at the last preceding general election, but no new district shall be so formed that any two of the then acting commissioners shall reside in the same district, and no county shall be redistricted oftener than once in five years. (R. C. 1905, § 2389; 1895, ch. 34, § 2; R. C. 1899, § 1895; 1901, ch. 54.) § 3264. TERM OF OFFICE OF COMMISSIONERS. The commis- sioners shall hold their office for the term of four years, except as pro- vided by law for the organization of counties, and in counties now organ- ized, the order of their election and succession shall be as herein provided, and commissioner districts in such counties shall continue as now con- stituted until changed as provided by law. Provided, that at the general election next after the organization of a county, either from unorganized territory or from territory segregated by division from another county, one county commissioner shall be elected for a term of two years and two commissioners for a term of four years, and thereafter as provided by law, the order of succession to be determined by lot Provided, further, that in all counties in this state wherein heretofore commissioners have been elected after the organization of a new county, either from un- organized territory or upon division or segregation from another county, and where all the commissioners now serving were elected for the same term, the county commissioners shall, at the regular meeting of the board of county commissioners next after the taking effect of this act (article), by lot determine the order of their succession; three com- missioners to hold their oflSce for four years and two for two years from the first Monday in January, 1913, in counties having five commissioner districts ; two commissioners to hold their oflSce for four years and one for two years from the first Monday in January, 1913, in counties having three commissioner districts. (1913, ch. 123; R. C. 1905, § 2390; R. C. 1899, § 1896: 1901, ch. 52, §3: 1903, ch. 74, § 1; Ch. 21, § 16, Pol. C. 1877.) Is not violative of. the constitution of this state. O'Laughlin v. Carlson, 30 N. D. 213, 152 N. W. 675. 234 STATE OF NORTH DAKOTA § 3280. BOARD TO SUBMIT EXTRAORDINARY OUTLAY TO VOTE. It shall submit to the people of the county at any regular or special election any question involving an extraordinary outlay of money by the county or any expenditure greater in amount than can be provided for by the annual tax, or the construction of any court house, jail or other public building by establishing a building fund to aid in the con- struction of the same, when the board shall consider the permanent buildings of the county, aforesaid, inadequate for the needs of its busi- ness and that it is not to the best interests of the county to issue bonds to aid in such construction or for the construction of such buildings by any other procedure as is, or may be provided by law, or whether it will aid in constructing or construct any highway or bridge. ( 1900. ch. 67, § 1 ; R. C. 1905, § 2405; R. C. 1895, § 1911.) See Boettcher v. McDowall, N. D 174 N. W. 759. Resolution as to issuing courthouse bonds should specify amount to b*» voted upon. Territory v. Steele, 4 D. 78, 23 N. W. 91. § 3281. EXTRAORDINARY EXPENDITURES AUTHORIZED BY VOTE. If the county commissioners deem any expenditure necessary greater in amount than can be provided for by the annual tax, they shall require a vote of the county thereon, either at a general election, or one called especially for the purpose. In either case four weeks' notice of said election shall be given in the oflEicial newspapers of the county, and the notice shall specify the amount to be raised, and the precise purpose for which it is to be expended ; and if a majority of the votes cast author- ize the tax, the county commissioners shall authorize the same to be levied and collected in the same manner as the annual tax, and if possible, at the same time, provided, however, that no new assessment shall be made for any special tax; provided, further, that whenever in the opinion of the board of county commissioners of any county, or a ma- jority thereof, it shall be deemed for the best interests of said county that any land adjoining the court house is, or shall thereafter be neces- sary for the enlargement of said court house, or the county jail of said county, or for the purpose of beautifying such county buildings, or for the prevention of other buildings in such close proximity to said court house and jail that the transaction of public business would be thereby discommoded or rendered inconvenient, then said board of county com- missioners, or a majority thereof, shall have power and authority and they are hereby vested with such power and authority, to purchase such land so adjoining said court house, without submitting such question to a vote of the people, and the money required for the purpose of such additional land hereinbefore provided for shall be raised as provided for the raising of funds for general county purposes. ( R. C. 1905, § 2306 ; R. C. 1899, § 1311; 1901, ch. 73.) ELECTION LAWS OF NORTH DAKOTA 235 Residents, citizens and taxpayers of county have such interest as entitles them to maintain action to enjoin carrying out, by officials, of an unlawful con- tract for erection of court house. McKinnin v. Robinson, 24 N. D. 367, 139 N. W. 580. See Mountrail County v. Wilson, 27 N. D. 287, 146 N. W. 531. § 3282. MODE OF SUBMITTING PROPOSITIONS. The mode of submitting questions to the people contemplated by the last two sections shall be the following: The whole question, including the sum desired to be raised and the amount of the tax desired to be levied or the rate per annum and the years in which said tax is to be levied, shall be pub- lished for at lieast four weeks in the oflScial newspapers of the county. If there are no such newspapers the publication shall be made by posting in at least one of the most public places in each election precinct in the county ; and in all cases the notices shall name the time when such questions shall be voted upon and the form in which the question will be submitted ; and a copy of the question submitted shall be posted at each voting place during the day of election. (1909, ch. 67, § 2; R. C. 1905, § 2407; R. C. 1895, § 1912.) § 3283. PROPOSITION TO TAX MUST ACCOMPANY QUESTION SUBMITTED. When the question submitted involves the establishment of a building fund for the construction of buildings, or the borrowing or expenditure of money, such proposition must be accompanied by a proposition to levy a tax for the provision or payment thereof, in addi- tion to the usual taxes required to be levied; and no vote adopting the question shall be valid unless it likewise adopts the amount of tax to be levied to meet the appropriation or liability incurred. (1909, ch. 67, § 3; R. C. 1905, § 2408; R. C. 1895, § 1913.) § 3284. TAX NOT TO EXCEED THREE MILLS ANNUALLY. The rate of tax levied in pursuance hereof shall in no case exceed three mills on the dollar on the assessed valuation of the county in any one year. When the object is to establish a building fund to aid in the erection of public building the rate shall be such as to raise the fund within six years ; provided, that the total sum to be so raised, including the then existing indebtedness of the county, shall not ex- ceed five per cent of its valuation according to the last assessment thereof. When the object is to borrow money to aid in the erection of public buildings the rate shall be such as to pay the debt in ten years. When the object is to construct or aid in constructing any road or bridge the annual tax shall not exceed one mill on the dollar of the valuation, and any special tax or taxes levied in pursuance of this article, after becoming delinquent, shall draw the same rate of interest as ordinary taxes levied in pursuance of law. (1909, ch. 67, § 4; R. C. 1905, § 2409; R. C. 1899, § 1914.) § 3285. RECORD OF VOTE. BOARD CANNOT RESCIND. Such commissioners upon being satisfied that the above requirements have 236 STATE OF NORTH DAKOTA j I been substantially complied with and that a majority of the votes 1 cast are in favor of the proposition submitted, shall cause the same | to be entered at large upon the book containing a record of their pro- 1 ceedings, and they shall then have power to levy and collect the spe- cial tax in th/B same manner that the other county taxes are collected, , Propositions thus acted upon cannot be rescinded by the board. (R. C, j 1905, § 2410; R. C. 1899, § 1915.) ' COUNTY AUDITOR. I i § 3374. ELECTION DUTIES. He shall perform all the duties I required of him by law relative to the making out and delivering notices of general and special elections, making abstracts of and can- vassing the votes cast at any such election, issuing certificates of elec- tion and forwarding the abstracts of votes cast at such elections tc i the secretary of state ; and whenever the county commissioners for any j cause shall fail or refuse to call special elections, the county auditor j shall have authority to provide for and call any such election upon ( the petition of a majority of the legal voters of the county, to be de- , termined by the poll lists of the preceding general election. (R. C. 1905^ i § 2492; 1881, ch. 73, § 1 ; R. C. 1895, § 1977.) i STATE'S ATTORNEY. i ! § 3376. ***** Xor shall any state's attorney be eligible to or J hold any judicial office whatever except United States Commissioner, J * * * * * (1915, Ch. 248.) ' i CLERK OF DISTRICT COURT. \ § 3387. DUTIES OF. The Clerk of the district court shall per- ^ form the following duties : | ************ I 6. Keep two books, in one of which must be entered in alphabet- ' ical order the names of all persons who from the organization of the* j court have declared, or who may hereafter declare their intention to ! become citizens of the United States, and the date of such declaration. \ which book must be labeled "declaration of intention to become citizens | of the United States," and in the other of which must be entered in ; alphabetical order the names of all persons who have been or may be i hereafter admitted citizens of the United St.ites by the court of which j he is clerk, which book must be labeled "naturalization, final papers." ; and enter in a separate column, opposite each name, the country of ' which such person was before a citizen or subject, the date of his ad- ) mission and the page of the minute book or book of record containing J the order admitting him a citizen. j ■ I ELECTION LAWS OF NORTH DAKOTA 237 § 3425. COUNTY SURVEYOR ELECTED. BOND. There shall be elected at the general election of each organized county in the state for the term of two years a county surveyor, who shall give bonA to the people of this state in the penal sum of not to exceed two thousand dollars, the amount to be fixed by the board of county commissioners, either with two sureties, who must justify as sureties are required to justify in arrest and bail, or by an indemnity bond of some reputable company to be approved by the board of county commissioners, the same to be filed with the county auditor of the proper county, con- ditioned for the faithful and imperial discharge of the duties of his office. (1907, ch. 72, § 1.) Duty to survey public roads when directed by county commissioner. Van Antwerp v. DeU Rapids Twp., 3 S. D. 305, S3 N. W. 82. § 343S. PUBLIC ADMINISTRATOR. CREATION. There is here- by established and created in every organized coimty in this state the office of public administrator. (R. C. 1905, § 2545; 1903, ch. 140, § 1.) § 3439. ELECTION. TERM AND QUALIFICATIONS. Every or- ganized county in this state shall elect a public administrator at the general election in 1904, and every four years thereafter, who shall be ex-officio public guardian in and for his county, and shall hold his office four years and until his successor is elected, or appointed and qualified. The term of office of such officer shall commence on the first day of January following his election. He shall be an elector in the county where elected or appointed. (R. C. 1905, § 2546; 1903, ch. 140, § 2.) § 3440. OATH. BOND AND CERTIFICATE OF ELECTION. Be- fore entering upon the duties of his office he shall file his oath, certificate of election and bond with the judge of the coimty court, which bond, oath and certificate shall be recorded at length in the record book of said court. Said bond shall run to the state of North Dakota for the benefit of the parties damaged by breach of the condition thereof, and shall be in a sum of not less than ten thousand dollars, with sufficient sureties justifying and conditioned that he will: 1. Faithfully discharge all the duties of his office. 2. Account annually to the judge of the county court for all estates and property under his official control and care, or whenever required so to do by the said judge. 3. Turn over to his successor in office all property and estates in his official care and control, and truly account for the same. 4. Turn over all property and estates in his official care and con- trol to any other administrator, executor or guardian designated by the judge of the county court, and truly accoimt for the same. 5. Perform such other acts and duties properly relating to his office, as may be ordered by the county judge. 238 STATE OF NORTH DAKOTA Which bond shall be approved and indorsed as provided for admin- ' istrators and executors; and it shall be the duty of the judge of the ' county court to require the public administrator to make a statement ; annually, under oath, of the amount of property in his hands or under ' his control as such administrator, for the purpose ojf ascertaining the i amount of bond necessary to secure such property, and the court may J from time to time, as occasion shall require, demand additional security ■ of such administrator, and in default of giving the same within twenty \ days of such demand, may remove the public administrator and aj)- ; point another. (R. C. 1905, § 2547; 1903, ch. 140, § 3.) | ARTICLE 23.-HBONDS FOR COUNTY BUILDINGS. § 3459. ELECTION FOR BONDS. Whenever in the judgment of [ a majority of the board of county commissioners in any county which ■ comes under the provisions of this subdivision such county has insuf- ; ficlent or inadequate buildings for its use for court house or jail, or \ both, such board may order an election for the purpose of determining i by a vote of the electors of such county the question of issuing its ; bonds for the purpose of the erection of a court house or jail, or both, as by this subdivision provided, including the purchase of a site for such j court house and jail, or both, at such county seat, if none is provided. I Such election shall be held in the manner and upon the notice prescribed ; by law for other elections, but the published and posted notices of such ' election shall state its object, the amount of bonds to be issued, the \ denominations of such bonds, the length of time for which they shall \ run and the rate of interest which they shall bear, and the ballots j shall have printed or written, or partly printed and partly written thereon "for issue of bonds" or "against issue of bonds" and if a majority ! of the ballots so cast shall be for the issue of bonds, then the county; j commissioners shall issue and dispose of said bonds as provided by this ' subdivision, and erect a court house or jail, or both, for the use of such i county according to the provisions hereof. (R. C. 1905, § 2565; 1889, ■ ch. 42, § 3; R. C. 1899, § 2045.) j As to sufficiency of notice of election on issuance of bonds. Territory v. ! Steele, 4 Dak. 78, 23 N. W. 91; Hughes v. Pierce County, 18 N. D. 474, 122 I N. W. 799. I On what basis majority essential to adoption of proposition for issuing J municipal bonds is to be computed. 22 L. R. A. (N. S.) 478. i COUNTY AUDITORS. § 3505. TERM OF OFFICE COMMENCES WHEN. The term of i ofiSce of the county auditor shall commence on the first Monday in j April next succeeding his election. (R. C. 1905, § 2591; 1897, ch. 43; j R. C. 1899, § 2072a ; 1903, ch. 72.) ' ELECTION LAWS OF NORTH DAKOTA 239 ARTICLE 1.— ORGAMZATION OF CITIES. § 3552. CITIES INCORPORATED, HOW. Any city in this state, and any incorporated town or village therein, having a population of not less than two hundred inhabitants, may become incorporated, under this chapter, as a city in the manner following : Whenever one-tenth of the legal voters of such city, or one-fifth of the legal voters of such incoriKjrated town or village, voting at the last preceding general elec- tion shall petition the mayor and council of such city, or the president and trustees of such incorporated town or village, to submit the ques- tion as to whether such city, incorporated town or village, shall be- come incorporated under this chapter, to a vote of the electors in such city, town or village, it shall be the duty of such mayor and council of such city, or president and trustees of such incorporated town or village, to submit such question accordingly, and to appoint a time and place or places at which such vote may be taken, and to designate the persons who shall act as judges and clerks at such election; but such question shall not be submitted oftener than once in four years. (1921, Ch. 31; R. C. 1905, § 2632; 1887, ch. 73, art. 1, § 1 ; R. C. 1899, § 2108; 1905, ch. 62, § 1.) Special charter of city failing to organize under this chapter not repealed. Tripp V. City of Yankton, 10 S. D. 516, 74 N. W. 447 City incorporated tinder special charter, which organizes under general act, governed by general school law; any special act providing for board of educa- tion ceases to be in force. State v. Power, 5 S. D. 627, 59 N. W. 1090. § 3553. NOTICE OF ELECTION. The mayor of such city and president of such incori)orated town or village shall give at least twenty- days' notice of such election by publishing a notice thereof in one or more newspapers within such city, incorporated town or village, but if no neswpaper is published therein, then by posting at least five copies of such notice in each ward or voting precinct of such city, town m village, if divided into wards and precincts ; if not, then . within such city, town or village. (R. C. 1905, § 2633; 1887, ch. 73, art. 1, § 2 ; R. C. 1899, § 2109; 1905, ch. 62, § 2.) § 3554. FORM OF BALLOTS. The ballots to be used at such elec- tion shall be in the following form : "For city organization under general law, I I' The electors to designate their choice by inserting the words "yes" or "no" within such square. The judges of such election shall make re- turns thereof to the city council of such city, or trustees of such incor- porated town or village, whose duty it shall be to canvass such returns, and cause the result of such canvass to be entered upon the records of such city, town or village. If a majority of the votes cast at such im STATE OF NORTH DAKOTA election shall be for city organization under general law, such city shall thenceforth be deemed to be organized under this chapter; and the city, viUage or town officers then in office, shall thereupon exercise the powers conferred upon like officials by this chapter, until their suc- cessors shall be elected and qualified. (R. C. 1905, § 2634; 1887, ch. 73, art. 1, § 3; R. C. 1899, § 2110; 1905, ch. 62, § 3.) Upon what basis majority essential to adoption of constitutional or other special proposition submitted at general election is to be computed. 22 L. R. A. (N. S.) 478. § 3556. ORGANIZATION OF UNORGANIZED TERRITORY. Whenever any area of contiguous territory in this state not exceeding four square miles shall have residing thereon a population of not less than five hundred inhabitants, which shall not already be included within any incorporated town or city, the same may become incorporated as a city in manner following: Any fifty legal voters thereof may file in the office of the county auditor of the county in which such inhabitants reside a petition addressed to the board of commissioners of such county, and if the territory described in said petition shall be in more than one county, then the petition shall be addressed to the board of commis- sioners of the county where the greater part of such territory is situated, which petition shall define the boundaries of such proposed city, and state the number of inhabitants residing within such limits, and also state the name of such proposed city, and shall contain a prayer that the question be submitted to the legal voters residing within such limits, whether they will or- ganize as a city under this chapter. It shall be the duty of the board to fix a time and place, within the boundaries of such proposed city, at which an election may be held to determine such question; and such commissioners shall name the persons to act as judges in holding such election, and shall give notice thereof by causing ten notices to be posted in public places within such proposed city, and section 3554 shall be applicable to such election ; provided, that the returns of such election shall be made to, and canvassed by, the board of county commissioners instead of the city council, and the result of such ejection shall be entered upon the records of such board of county commissioners. If a majority of the votes cast at such election shall be "for city organization imder general law," the inhabitants of such territory described in such petition §hall be deemed to be incorporated as a city under this chapter, and with the name stated in the petition. (R. C. 1905, § 2635; 1905, ch. 62, § 4.) See sections 3S64a-3564e. Does not empower county commissioners to require submission of question of sale of liquor within city limits. State ex rel. Cook v. Tripp County, 29 S. D. 358, 137 N. W. 554. § 3557. DUTY OF MAYOR AND COUNCIL ON CHANGE OF OR- e filed in the office of the city auditor ; and all such officers, except the mayor and aldermen, shall before entering upon the duties of their respective offices execute a boud with sureties to be approved by the city council, payable to the city, in such penal sum as may by resolution or ordinance be directed,, conditioned for the faithful performanc-e of the duties of the office, and the payment of all moneys received by such offic-er according to law and the ordinances of said city ; provided, that in no case shall the treasurer's bond be fixed at a less sum than the amount of the estimated tax and sx)ecial assessments for the current year ; which bonds shall be filed with the city auditor, except the bond of the city auditor, which shall be filed with the city treasurer. (R. C. 1905, § 2691; 1887, ch. 73, art. Zk § 5; R. C. 1895, § 2159; 1905, eh. 62, § 60.) § 3610. CERTIFICATE OF APPOINTMENT. DELIVERY OF BOOKS TO SUCCESSOR. All officers elected or appointed under this chapter, except the city auditor, aldermen and mayor, shall be commis- sioned by warrant under the corporate seal, signed by the auditor and mayor, or president of the city council ; the mayor shall issue a cer- tificate of cppointment, under the seal of the corporation, to the auditor thereof; and any person having been an officer of the city shall within five d.iys after notification and request, deliver to his successor in office all property, books and effects of every description in his possession. )te- longing to the city or appertaining to his office ; and upon his refusal to do so shall be liable for all damages causeil thereby, and to such penalty as may by ordinance be prescribecl. (R. C. 1905, § 2692; 18S7. ch_ 73. i;rt. 5. § i\; R. C. 1899, § 2160; 1905, ch. 62. § 61.) § 3617. QUALIFICATIONS OF OFFICERS. No person shall be eligible to election to any office who is not a qualified elector of the city, and who sh-ill not have resided there at least nine months lust pre- ceding election, and no person shall be eligible to hold any office hy appointment luiless he is a citizen of the United States; nor shall any person l)e eligible to any office who is a defaulter to the corporation. (1913, ch. 76; R. C. 1905, § 2693; 1887, ch. 73, art. 5, § 7 ; R, C. 1899, § 2161; 1905. ch. 62, § 62.) Constitutionality of statute making residence within the district a qualifica- tion of a "public officer. 32 L. R. A. (N. S.) 835. § 3619. NOT TO HOLD OTHER OFFICE. No mayor, alderman. city auditor or treasurer shall hold any other office under the city gov- ernment during his term of office. (R. C. 1905. § 2695: 1887, ch. 73, art. 5. § 9: R. C. 1899, § 2163; 19aj, ch. 62, §r»4. t 346 STATE OF NORTH DAKOTA ARTICLE 16.— ELECTIONS, § 3666. TIME AND PLACE OF ELECTION. There shall be an annual election for elective officers herein provided, held on the first Monday in April of each year, at such place or places in each ward as the council shall designate; except in cities where aldermen are elected at large, the council shall designate one polling place only. The polls shall be kept open continually from eight o'clock in the forenoon until five o'clock in the afternoon, and no longer, and ten days' previous notice shall be given by the council of the time and place of holding such election, by publication in at least two of the city papers published in said city, if two shall be published therein. (R. C. 1905, § 2742; 1897, ch. 40, § 4; R. C. 1899, § 2251; 1905. ch. 62, § 109.) As to the time for all city elections in presidential years, see the con- cluding sentence in section 915. See Kerlin v. Devils Lake, 25 N. D. 222, 141 N. W. 756. State ex rel. Jackson v. Kerkow, 31 S. D. 495, 141 N. W. 387. See Opinions of the Attorney General, No. 89. § 8667. ELECTION DISTRICTS AND PRECINCTS. Each city in which a'dermen are elected at large shall constitute an election dis- trict, and in all other cities each ward shall constitute an election dis- trict; but whenever the number of legal voters in any ward shall exceed three hundred, the council may by ordinance divide such ward into two or more precincts for voting purposes, and whenever the number of legal voters in any two or more contiguous wards shall not exceed one hun- dred as determined by the last annual election, the council may, by ordinance, consolidate such two or more wards into one precinct for voting purposes; or if the council so elects, in any city of less than four hun- dred voters as determined by the last annual election, the council may by ordinance consolidate all the wards of such city into one precinct for voting purposes; provided, however, that in city elections separate ballot boxes and poll books shall be provided and kept for each ward; provided, that such ordinance shall be passed and take effect before the time of giving notice of an election ; and such wards and precincts shall constitute election districts for all state, county, city and school elec- tions. (1911, ch. 65; R. C. 1905, § 2743: 1897, eh. 40. § .", : R. C\ 1899. § 22.^)2; 1905, ch. 62. § 110.) As to voting precincts within the city of Bismarck being measured hy ward lines. State ex rel. Byrne v. Wilcox, 11 N. D. 329, 91 N. W. 955. Election held at one central voting place instead of having a place for voting in each ward, irregular but not void. Kerlin v. Devils Lake, 25 N. D. 207, 141 N. W. 756. § 3668. QUALIFIED VOTERS. REGISTRATOIN. Every legal voter of the county in which such city is situated, who shall have been a resident of the city ninety days next preceding a city election is de- clared a citizen of said city, and shall be entitled to vote at all city ELECTION LAWS OF NORTH DAKOTA 247 elections ; provided, that the city council shall provide for the registration of all voters as required by the laws of the state in all cities of more* than four hundred voters as determined by the last annual election, and in cities of four hundred voters or less, the city council may provide for the registration of all voters in accordance with the laws of the state at one polling place, and separate registration lists shall be provided and kept for each ward, and no person shall be entitled to vote in any other place than the ward or precinct where he resides, except where otherwise provided by law. (1901. ch. 66; R. C. 1905, § 2744; 1887, ch. 73, art. 13, § 3; Const., § 121; R. C. 1899, § 2253; 1905. ch. 62, § 111.) Registration not required for special city election. Kerlin v. Devils Lake, 25 N. D. 231, 141 N. W. 756. See Opinions of the Attorney General, No. 90. § 3669. EFFECT OF ELECTION. This chapter shall in no case affect the term of oflBce of any oflBcer heretofore elected or appointed in any city, but all such officers shall hold their offices during the term for which they were originally elected or appointed. (R. C. 1905, § 2745; 1887. ch. 73, art. 13, § 4; R. C. 1899, § 2254; 1905, ch. 62, § 112.) § 3670. OATH AND DUTIES OF JUDGES AND CLERKS OF ELECTION. The manner of conducting and voting at elections to be held under this chapter, and contesting the same, the keeping of poll lists, and canvassing the votes, shall be the same, as nearly as may be, as in the case of the election of coimty officers under the general laws of this state. The judges of election shall appoint clerks when necessary to fill vacancies, and the judges and clerks shall take the same oath and have the same powers and authority as the judges and clerks of general state elections. After the closing of the polls the ballots shall be counted, and the returns made out, and returned under seal to the city auditor, within two days after the election, and thereupon the city council shall examine and canvass the same, and declare the result of the election and cause a statement thereof to be entered on its journal. (R. C. 1905, § 2746; 1887, ch. 73, art. 13, § 5 ; R. C. 1899, § 2255; 1905, ch. 62, § 113.) Municipal elections shall be conducted in the same manner as general elec- tions. Treat v. Morris, 25 S. D. 615, 127 N. W. 554. See Nelson v. Gass, 27 N. D. 368, 146 N. W. 537. McCurdy v. Lucas, 34 N. D. 618, 159 N.W. 22. I 3671. WHAT ELECTS. TIE, HOW DECIDED. The person having the highest number of votes for any office shall be declared elected. In case of a tie in the election of any city officer, it shall be determined by lot, in the presence of the city council, in such manner as it shall direct, which candidate or candidates shall hold office. (R. C. 1905, § 2747; 1887, oh. 73, art 13. § 7; R. C. 1899, § 2256; 1905, ch. 62, S 114.) 248 STATE OF NORTH DAKOTA Howser v. Pepper, 8 N. D. 484, 79 N. W. 1018, 1 / Nelson v. Gass, 27 N. D. 351, 146 N. W. 537. j § 3672. CITY AUDITOR TO NOTIFY OFFICERS ELECTED OR ' APPOINTED. It shall be the duty of the city auditor, within five days • after the result of the election is declared or appointment made, to notify [ all persons elected or appointed to ofl5ce of their election or appoint-^ : ment, and unless such persons shall respectively qualify within ten ] days after such notice, the oflSce shall become vacant, (R. C. 1905, § 2748: \ 1887, ch. 73, art. 13, § 8; R. C. 1899, § 2257; 1905, ch. 62, § 115.) | As to time for qualification of officers elected in presidential years, see \ the concluding sentence in section 915. j § 3673. NEW ELECTION ON FAILURE TO QUALIFY. If there I is a failure to elect an oflBcer herein required to be elected, or the person elected should fail to qualify, or for any other cause that may i arise, the city council may forthwith order a new election therefor, and in all cases, when necessary for the purposes of this chapter, may call | special elections, canvass the returns thereof, and provide by ordinance for the mode of conducting the same; and shall give notice of such special elections, in which shall be stated the questions to be voted upon, I and cause such notices to be published for the same length of time, | and in the same manner as is required in the case of regular annual elec- ' tions in such city, unless herein otherwise provided. (R. C. 1905, § 2749; , 1887, ch. 73, art. 13, § 9; R. C. 1899, § 2258; 1905, ch. 62, § 116.) \ Registration not required for special city election. Kerlin v. Devils Lake, 25 N. D. 231, 141 N. W. 756. § 3674. WHEN TERM OF OFFICE COMMENCES. The term of j each officer elected under this chapter shall commence on the third Tues- '■ day of April of the year for which he was elected. (R. C. 1905, § 2750;: ' 1887, ch. 73, art. 13, § 10; R. C. 1899, § 2259; 1905, ch. 62, § 117.) i § 3675. WHEN OFFICE DEEMED VACANT. Any officer removing j from the city or ward for which he is elected, or any officer who shall I refuse or neglect for ten days after notice of his election or appoint- : ment to enter upon the discharge of the duties of his office, shall be '- deemed to have vacated his office and the city council shall prowled to ' fill the vacancy as herein prescribed. (R. C. 1905, § 2751 ; 1887, ch. 73. ' art, 13, § 11; R. C. 1899, § 2260; 1905, ch. 62, § 118.) ! ARTICLE 22.— IMPROVEMENT OF ROADS LEADING TO CITIES. § 3747, ROADS LEADING TO CITIES, HOW IMPROVED. When- j ever ten per cent, of the electors, as shown by the last municipal election, j of any city, shall petition the city council to call an election for the j purpose of raising money or the issuing of bonds to repair or construct - any road or bridge within such city, or approaching or leading thereto, j whether the same is adjacent thereto or not, or to pay for any bridge- '■ ELECTION LAWS OF NORTH DAKOTA K heretofore constructed or built on any such road or highway; and if such petition shall state first, the purpose of raising such money and the object for which the same is to expended ; second, the amoimt thereof, it shall be the duty of such city council to call an election in said city for the purpose of submitting to the electors therein the question" of raising the money and the amount thereof as stated in the petition, and which election may be called at any regular or special meeting of such city council, and such city council shall cause notice of such elec- tion to be published twice in the official paper of the city, once in each week for two consecutive weeks, imd such election shall not be held imtil at least twenty days after the first publication of such notice. Such notice shall state : 1. The purpose of raising such money. 2. The object for which the same is to be expended. 8. The n mount thereof. 4. The amount thereof that shall be raised by the issuing of bonds in payment thereof, or by the customary and usual method of raising money by assessment and levy, as such electors may designate on their ballots at such election. (R. C. 1905, § 2819; 1905, ch. 62, § 181.) : § 3748. FUNDS FOR IMPROVEMENT, HOW RAISED. If at such election a two-thirds majority of all the electors voting shall vote in favor of raising such sum of money, and a majority of the electors voting at such election shall vote in favor of raising such money by the issuing of bonds therefor, then the city council is authorized to issue and negotiate the sale of such bonds without any other election ; but if a two-thirds majority of the electors voting at such election shall vote in favor of raising such sum of money, and a majority of the electors voting at said election shall vote in favor of raising the same by levy and assessment, then the same shall be raised by levy and assessment as in other cases provided by the law governing cities. (R. C. 1905, § 2820; 1905, ch. 62, § 181.) CHAPTER 45. COMMISSION SYSTEM OF GOVERNMENT. This chapter clearly supersedes Laws 1907, ch. 45. § 3771. CITIES INCORPORATED, HOW. Any city in this state and any incorporated town or village therein having a population of not less than five hundred inhabitants may become incorporated, under this Chapter as a city in the manner following: Whenever one-tenth of the legal voters of such city, or one-tenth of the legal voters of such incor- porated town or vilh'ge, voting at the last preceding general election. 259 STATE OF NORTH DAKOTA shall petition the mayor and council of such city, or the president and trustees of such incorporated town or village, to submit the question as to whether such city, incorporated town or village shall become incorpor- ated under this Chapter, to a vote of the electors in such city, town or village, it shall be the duty of such mayor and council of such city, or the president and trustees of such incorporated town or village to forthwith submit such question accordingly, and to appoint a time and place or places, at which such vote may be taken, and to designate the persons who shall act as judges and clerks at such election ; but such question shall not be submitted hereafter, oftener than once in four years. Provided, that cities, towns or villages in this state which have heretofore voted upon and rejected the commission system of government, shall not again vote upon the question within a period of one year after such rejection. (1915, ch. 66; 1913, ch. 72; 1911, ch. 77, § 1; 1907, ch. 45, § 1.) Constitutionality of commission form of government- 35 L. R. A. (N. S.) 802; 41 L. R. A. (N. S.) 111. See State ex rel. Scott v. Burnside, 32 S. D. 295, 142 N. W. 1128. § 3772. NOTICE OF ELECTION. The mayor of such city or president of such incorporated town or village shall give at least twenty days' notice of such election by publishing a notice thereof in one or more newspapers within such city, incorporated town or village, but if no newspaper is published therein, then by posting at least five copies of such notice in each ward or voting precinct of such city, town or village, if divided into wards and precincts ; if not. then within such city, town or village. (1911, ch. 77. § 2 ; 1907, ch. 45, § 2.) § 3773. FORM OF BALLOTS. The ballots to be used at such elec- tion shall be in the following form : ''For city charter under commission system of government, I I ;" "Against city charter under commission .1, sections 1 and 5 refer to "chapter 45 of the Laws of 1907," whereas the latter chapter was undoubtedly repealed by laws 1911, ch. 11. § 3835. RECALL. The holder of any elective office in cities which may adopt or have adopted the Commission Plan of Government under any of the laws of this State applicable thereto may be removed at any time by the electors qualified to vote for a successor of such incumbent. The procedure to effect the removal of an incumbent of an elective office shall be as follows. A petition signed by electors entitled to vote for the succes- sor to the incumbent sought to be removed, equal in number to at least thirty percentum of the entire votes for all the candidates for the office of President of the City Commission cast at the last preceding general muni- cipal election, demanding an election of a successor of the person sought to be removed shall be filed with the City Auditor, which petition shall contain a general statement of the grounds for which the removal is sought. The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number. One of the signers of each such papers shall make oath before an officer, competent to administer oaths, that the state- ments therein are true as he beUeves and that each signature to the paper appended is the genuine signature of the person whose name it purports to be. After the said petition is filed with the City Auditor no signer of said petition shall be allowed to remove his name or cause to be removed his name from said petition. Within ten days from the date of filing such petition, the city auditor shall examine the same and from the voters' register ascertain whether or not said petition is signed by the requisite number of qualified voters, and if necessary the Board of City Commis- sioners shall allow extra help for that purpose and he shall attach to the said petition his certificate showing the result of the said examination and said certificate shall show why the said i)etition is deemed insufficient, provided said Auditor certifies that same is insufficient. If, by the Audi- tor's certificate, the petition is shown to be insufficient it may be amended within ten days from the date of said certificate. The auditor •shall, within ten days after such amendment, make like examination of the amended petition, and if his certificate shall show the same to be in- sufficient, it shall be returned to the person filing the same, without prejudice, however, to the filing of a new petition of the same effect. If the petition shall be deemed to be sufficient, the Auditor shall submit the same to the Board of City Commissioners without delay. If the petition shall be found sufficient, the Board of City Commissioners shall order and fix a date for said election, not less than thirty days nor more than forty days from the date of the Auditor's certificate to the Board of City Com- missioners that a sufficient petition is filed. The Board of City Commis- sioners shall make, or cause to be made, publication of notice and all arrangement for holding such election, and the same shall be conducted, returned and the result thereof declared in all respects as are other city ELECTION LAWS OF NORTH DAKOTA 2S7 elections. The successor of any oflSeer so removed shall hold oflBce during the unexpired term of his predecessor. Any person sought to be removed may be a candidate to succeed himself, and unless he requests otherwise in writing the Auditor shall place his name on the official ballot without nomination. In any such removal election, the candidate receiving thie highest number of votes shall be declared elected. At such election if some other person than the incumbent receives the highest number of votes, the incumbent shall thereupon be deemed removed from the oflBce upon the qualification of his successor. In case the party who receives the highest number of votes should fail to comply within ten days after receiving notification of election, the office shall be deemed vacant. If the incum- bent shall receive the highest number of votes, he shall continue in office. This said method of removal shall be cumulative and additional to the methods heretofore provided by law. (1919, ch. 81; 1913, ch. 79, § 1; 1911, ch. 67, § 1.) State T. Fraiier, 39 N. D. 430, 167 N. W. 510. § 3836. INITIATIVE. Any proposed ordinance may be submitted to the board of city commissioners by petition signed by electors of the city equal in number to the percentage hereinafter required. The signature, verification, authentication, inspection, certification, amendment and sub- mission of such petition shall be the same as provided for petition under section 3835. If the petition accompanying the proposed ordinance be signed by electors equal in number to fifteen per centum of the votes cast for all candidates for president of the city commission at the last preceding general municipal election and contains a request that the said ordinance be submitted to a vote of the people if not passed by the board of city commissioners, such board of city commissioners shall either (a) Pass said ordinance, without alteration, within twenty days after atte returned to the board of county commissioners at its next session which, if satisfied of the legality of such election, shall make an order declaring that said village has been incorporated by the name adopted, which order shall be conclusive of such incorporation in all suits by or against such corporation ; and the existence of such corporation by the name and style aforesaid shall thereafter be judicially taken notice of in all courts in this state without specially pleading or alleging the same. (R. C. 1905, § 2851: 1S93, ch. 129, § 1 ; R. C. 1895, § 2352.) § 3849. DIVISION OF VILLAGE INTO DISTRICTS. Such inspec- tors, when they shall have returned the statement as aforesaid, shall next proceed to divide said village into not less than three nor more than seven districts, having due regard to the equitable apportionment of the population among the same, and the convenience and continguity of such districts. (R. C. 1905, § 2852; R. C. 1895, § 2353.) § 3850. NOTICE OF ELECTION. They shall also give ^en days' notice by publication in a newspaper if one is published in such village and by posting such notices in five public places therein, of an election to be held in such village for the purpose of electing officers thereof, naming the place therein and the day upon which the same will be held, but the day named shall be within twenty days from the posting of such notices. Notice of each subsequent election shall be given in like manner by the clerk of said village. (R. C. 1905, § 2853; R. C. 1895, § 2354.) Mandamus from circuit court to compel president to call election when none held on regular election day. State v. Young, 6 S. D. 406, 61 N. W. 165. § 3851. ANNUAL ELECTION, WHEN HELD. An election for offi- cers of said village, after the first election, shall be held annually on the third Tuesday of March of each year, and at every such election the pre- ceding board of trustees or any of them shall act as inspectors thereof. (R. C. 1905. § 2854; R. C. 1895, § 2355; 1903, ch. 93, § 1.) 264 STATE OF NORTH DAKOTA Failure to call annual election; mandamus proper remedy. State ex rd. ^^ McGregor v. Young, 6 S. D. 406, 61 N. W. 165. I § 3852. HOW LONG POLLS SHALL REMAIN OPEN. At all elec- ' tions in said village the polls shall be open at nine o'clock in the forenoon ^ and shall not be finally closed until four o'clock in the afternoon of said i day. (R. 0. 1905, § 2855; R. C. 1895, § 2356.) ^ § 3853. INSPECTORS TO BE JUDGES OF ELECTION. Such in- ] spectors shall preside at such first election and be the inspectors thereof, ; and in the receiving and canvassing of votes shall be governed by the i laws then existing, so far as they are applicable, for the election of i county oflScers. ( R. C. 1905, § 2856; R. C. 1899, § 2357.) j ■ » § 3854. WHAS VILLAGE OFFICERS TO BE ELECTED. There | shall be elected at the first and at each subsequent election one trustee i from each district in said village, and also a clerk, assessor, treasurer, | marshal and justice of the peace, who shall respectively hold their oflSces \ until the third Tuesday in March next following or until their successors [ are elected and qualified ; provided, however, that nothing herein contained 1 shall prevent the respective oflBces of clerk, treasurer, assessor and marshal j from being held by one and the same person. (R. C. 1905, § 2857; R. C. ' 1899. § 2358 ; 1903, ch. 93, § 2.) ! See Opinions of the Attorney General Nos. 95 to 98 inclusive. 1 § 3855. HIGHEST NUMBER OF VOTES ELECTS. DUTY OF IN- ■ SPECTORS. CONTEST. The persons receiving the highest number of ; votes for the oflSce of trustee shall be declared elected as such trustees, and \ the persons receiving the highest number of votes respectively for clerk, : marshall, assessor, treasurer and justice of the peace, as designated by the ballot for such office, shall be declared elected ; and if two or more shall i receive an equal and the highest number of votes, and there is no choice. I the inspectors of such election shall forthwith determine by lot whick - shall be deemed elected; and it shall further be the duty of such insi)ectore j to make a certified statement over their own signatures, of the i)ersons j elected to fill the several offices in said village, and file the same with the j County Auditor of the county within ten days after the date of suck ; election ; and no act or ordinance of any board of trustees chosen at such j election shall be valid until the prpvisions of this Section are substantially complied with; and in case a contest of the election of any or all of the above enumerated officials is desired, such contest shall be instituted and ■ carried out as provided in Article XXI of Chapter 11 of the Political Code j of the Compiled Laws of North Dakota for the year 1913. (1915, ch. 2«8; | R. O. 1905, § 2858; R. C. 1895, § 2359.) i Failure of election officerc to make certified statement of election will not j reader election Toid. Stet« ex rel. Walkin v. Shanks, 25 S. D. 55, 125 N. W. 122. ' if ELECTION LAWS OF NORTH DAKOTA 265 § 3856. COUNTY AUDITOR TO MAKE RECORD OF STATEMENT. It shall be the duty of the county auditor of the proper county to make a record of such certified statement, for which services there shall be paid the same fee as is allowed for similar services in other cases. (R. C. 1905, § 2859; R. C. 1899, § 2360.) § 3857. VACANCY IN BOARD OF TRUSTEES, HOW FILLED. A vacancy occurring in the board of trustees or in any corporation oflBee shall be filled by appointment at a special meeting of the trustees called for that purpose, but such appointment shall be made from the district if a trustee is appointed, and shall in no case extend beyond the annual election provided for in this chapter. (R. C. 1905, § 2860; R. C. lS9tJ, §"2361.) § 3858. OATH OF OFFICERS. The board of trustees chosen as afore- said shall elect a president from its own body, and such president, trustees and all other oflicers-elect shall within five days after such election take and subscribe before some person authorized to administer the same the usual oath or affirmation for the faithful performance of the duties of their respective offices. (R. C. 1905, § 2861 ; R. C. 1899, § 2362.} ARTICLE 5.— QUALIFICATION OF OFFICERS. § 3869. CERTAIN OFFICERS TO GIVE BONDS. The clerk, as- sessor, treasurer, marshal and justice of the peace shall within ten days after their election or appointment each give a bond payable to the village with freehold sureties, to such an amount as the board of trustees shall direct; but the bonds of the treasurer and marshal shall respectively be for double the amount of the estimated tax duplicate for the current year. (R. C. 1905, § 2870; R. C. 1899, § 2371; C. L. 1887, § 1049.) This section appears as here printed in the Revised Codes of 1895, and all subsequent compilations; this law was, however, amended by Ch. 110, S. L. 1895, to read as follows: "1049. The clerk, treasurer, marshal and justice of the peace of any incorporated town or village in the State of North Dakota, shall within ten days after receiving notice of their election or appointment and before en- tering upon the duties of their respective offices, execute a bond with security, to be approved by the board of trustees of the town or village, payable to the town or village in such i)enal sum as may by resolution or ordinance be directed conditioned for the faithful performance of the duties of the office, and the payment of all moneys received by such officers, ac- cording to law and the ordinance of said town or village ; Provided, That in no case shall the bond of the treasurer be fixed at a less sum than double the amount of the estimated tax and special assessment for the current year, which bond shall be filed with the clerk of the town or Tillage (except the bond of the clerk which shall be fileoration shall not be authorized until the contract providing therefor shall first have been submitted to a vote of the people of such city or municipal corporation at a general or special election and ratified by a majority of the voters of said city or municipal corporation voting at such election. (R. C. 1905, § 2963; 1899, ch. 172; R. C. 1899, § 2459.) Power to assess abutting property for expense of lajring water mains. Lee T. Town of MeUette, 15 S. D. 586, 90 N. W. 855. City may sever connection with lateral pipes to water mains when abutting owner refuses to pay for repairing. Jackson v. Ellendale, 4 N. D. 478, 61 N. W. 1030. Power of legislature to compel mtmicipality to establish water {dant, or to purchase existing plant. 44 L. R. A (N. S.) 1189. Taxation of waterworks owned by municipality. 60 L. R. A 851. Is power conferred upon a municipality to provide waterworks lifnited to eaublishment of a mtmicipal plant. 19 L. R. A (N. S.) 183. Contract to purchase plant for municipal water supply. 61 L. R. A 46. Right of mtmicipality to make profit from its water or lighting plant. 24 L. R. A. (N. S.) 290. Effect of limitation of municipal indebtedness upon the acquisitJon ot a water supply. 59 L. R. A 604; 12 L. R. A (N. S.) 433. Right of taxpayer in absence of statute to enjoin unlawful e]q>enditttres for waterworks. 36 L. R. A (N. S.) 20. Liability of mtmicipality operating a waterworks system, for breadi of dnty to constmier. 42 L. R. A (N. S.) 286. for lack of water to extinguish fire. 23 L. R. A. 146; 61 L. R. A 95; 25 L. R. A (N. S.) 239; 36 L. R. A (N. S.) 1045. for tort in connection with waterworks system. 61 L. R. A 58; 25 L. R. A (N. S.) 239. Liability of water company in tort for loss to one sustaining no contract relation with it, by its failure to comply with its contract with the municipal- ity. 6 L. R. A (N. S.) 1171; 21 L. R. A (N. S.) 1021. 270 STATE OF NORTH DAKOTA j _ — ^ § 3991. HOW CONSTRUED. The last section shall not be con- \ strued to modify or affect the power of any city, town or village or the i power of the city council or board of trustees thereof as authorized and ; granted by the charters of such cities, towns or villages or the laws under j which they were incorporated, where said charter or law shall have ex- ! pressly given to such municipality the power to lease, rent or maintain such property. (R. C. 1905, § 2964; 1887, ch. 105, § 2; R. C. 1895, § 2460.) j § 3992. ELECTION TO DETERMINE SALE. When any city, town ■ or village shall own the waterworks system of such city, town or village, ^ neither the city council nor the authorities of any such city, town or village \ shall have authority to sell or dispose of such waterworks system, mains, j pumping stations or any part thereof, unless the proposition to sell the j same shall first have been submitted to the legal voters of such city, \ town or village at a special election called for that purpose, and such sale j shall have been authorized by a majority vote of all the votes cast at such ! election ; provided, that nothing herein shall prevent the city council of j any city from selling or disposing of any machinery, material or other j property belonging to any such system which may have become inadequate j or InsuflScient for the purpose, for which the same was intended to be | used. (R. C. 1905, § 2965; 1893, ch. 134, § 1; R. C. 1899, § 2461.) ; ARTICLE 13.— FREE LIBRARIES. i i § 4007. LIBRARY FUND, HOW PROVIDED. The city council of ; each city, not exceeding in population fifty thousand inhabitants, and i each village or township board of every village and township containing 1 over four hundred inhabitants, shall have the power to establish and , maintain a public library and reading room, and for such purpose may ; annually levy and cause to be collected, as other taxes collected, a tax ; not exceeding four mills on each dollar of the taxable property of such ! city, village or township, to constitute the library fund, which fund shall ; be kept separate and apart from the other money of the city, village or I township, by the treasurer thereof, and the same shall be used ex- clusively for such purpose, provided, that no library shall be so established '. without first receiving the approval of the majority of the electors of such | city, village or township, voting on such question at any general election 1 at which it may be submitted to a vote. (1911, ch. 179 ; 1909, ch. 155 ; R C. i 1905, 8 2972; 1887, ch. 56, § 1; R. C. 1899, § 2467; 1901, ch. 97.) ' ARTICLE 14.— BONDS OF MUNICIPAL CORPORATIONS. i 1 § 4014. BONDED INDEBTEDNESS. FOR WHAT INCURRED. | LIMIT OF. Any city or municipal corporation in this state may incur a ; bonded indebtedness for the purpose of erecting public school buildings and ! other buildings for city purposes, purchasing fire apparatus, putting in ; ELECTION LAWS OF NORTH DAKOTA 271 water works, sinking public wells or cisterns and putting in sewers and improving streets, which said indebtedness, together with the indebtedness which then exists shall not except as otherwise provided, exceed five per cent of the assessed valuation of the taxable property in such city or municipal corporation as shown by the return of the asessor for the year next preceding the time at which such indebtedness shall be incurred. Provided, that any incorporated city may by a three-fourths vote of resident property owners increase such indebtedness three per centum on such assessed value beyond said five per cent limit. (1911, ch. 70: R. C 1905, § 2979 ; 1887, ch. 16, § 1 ; 1890, ch. 97, § 1 ; R. C. 1899, § 2474.) Liability of government or other public body for its own obligations, st board. j At the first annual township meeting in each township after the j taking effect of this article, there shall be elected at large for each township, three supervisors, one to serve until the first annual town- 1 ship meeting, one to serve until the second annual township meeting j and one to serve until the third annual township meeting thereafter; , provided, that the provisions hereof shall not affect the terms of super- visors elected prior to the taking effect of this act (section 4087). The board of supervisors at the first regular meeting shall elect ■ one of their members as chairman to serve for a period of one year. 1 (1913, ch. 00; 1911, ch. 306; R. C. 1005, § .3062; 18S3, ch. 112. sub-ch. \ 1. § 12; R. C. 1899. § 2.541: 1JK).5. oh. 182: ch. 2.3. § 10. Pol C. 1S77.) 1 ELECTION LAWS OF NORTH DAKOTA 279 See Opinions of the Attorney General, Nos. 100, 101 and 102. Supervisors not empowered to purchase road machine without electors' authority. R C. Austin Mfg. Co. v. Twin Brooks Twp., 16 S. D. 126, 91 N. § 4088- POWERS OF ELECTORS. The electors of each township have power at the annual township meeting: 1. To determine the number of poundmasters and the location of pounds. 2. To select such township oflBcers as are required to be chosen. 3. To direct the institution or defense of action in all controversies where such township is interested. 4. To direct such sums to be raised in such township for the prose- cuting or defending such actions as they may deem necessary. 5. To make all rules and regulations for impounding of animals. 6. To impose such penalties on persons offending against any rule or regulation established by the township as they think proper, not exceeding ten dollars for each offence, except as herein otherwise pro- vided. 7. To apply such penalties when collected in such manner as they deem most conducive to the interests of the township. 8. To ratify or reject recommendations offered by the township board of supervisors for the expenditure of funds for the purpose of purchasing building sites and purchase, location, erection or removal of any building or erection for township purposes; provided, that no such recommendation shall be adopted otherwise than by a two-thirds vote of the electors present and voting at any annual township meeting. 9. To authorize and empower the board of township supervisors to purchase liquids, compounds or other ingredients to cause the destruc- tion of noxious weeds, and to authorize the purchase of sprinklers to be used in spraying said liquids or compounds for the destruction of noxious weeds; but that no township shall purchase more than two such sprink- lers in any one year. (1909, ch. 223; 1907, ch. 255, § 1; 1883, ch. 112, sub- ch. 1, § 13; R. C. 1899. § 2542; R. C. 1905, § 3063; ch. 23, § 20. Pol. C. 1877.) Ch. 261. S. L. 1915: DISTRICT FAIR ASSOCIATIONS. S 1. At each annual township meeting of any township in any county of the state the electors thereof may vote upon the question of contributing to the support of a district fair association. If the majority of the votes cast on the question are in favor of contributing to the aid of such fair association the township shall pay to the treasurer of the fair asso- 280 STATE OF NORTH DAKOTA elation a sum not to exceed one hundred dollars, the amount to be determ- ined at said annual township meeting; provided, that no township shall contribute to the support of more than one district fair association. § 2. DISPOSITION OF MONEY CONTRIBUTED. Twenty-five per cent, of the money contributed by any township to the support of a district fair association shall go into the general fund of the association, and the remaining seventy-five per cent, shall be expended by the fair association in the purchase of prizes which shall be offered and given to compe- titive exhibitors who are residents of the township which made the con- tribution. § 3. REPORT. It shall be the duty of the secretary of the fair association to file a report with the township clerk of the township which made the contribution to said fair association which report shall contain a list of the prizes given to exhibitors of the township, the names of such exhibitors and the amount paid for such prize.^. Ch. Ill, S. L. 1917: DIPPING TANKS. § 1. In any township in any county of this state on the presentation of a petition signed by at least six resident free holders of said township to the board of township supervisors of such township petitioning for the establishment and con- struction of a dipping station within such township, the board of town- ship supervisors of such township shall submit the question of establish- ing such dipping station to the electors of such township at the nejft annual township election. The form of ballot to be used at such elec- tion shall be as follows : For dipping tanks, ["H Against dipping tanks, I | Each voter shall place at the right of the proposition he favors in a square for the purpose the mark X. If a majority of the ballots cast are in favor of such township dipping station it shall be the duty of the township board of supervisors to construct and maintain such dipping station at a place within the township which will be convenient and accessible to the residents thereof. The cost of such dipping station shall be paid from the township treasury. In the construction of such dipping station it shall be the duty of the township supervisors to make the work co-operative among farmers or live stock owners as far as pos- sible, and give to the farmers or live stock owners credit against dipping charges for necessary labor performed, it being the purpose of this act to have the work done in the most efficient manner by those most inter- ested in maintaining a good standard of health in the flocks and herds of the community interested at the least expense which cost Rh?ill be paid out of funds in the township treasury. § 2. The Board of Township Supervisors of such township shall upon ELECTION LAWS OF NORTH DAKOTA 281 the establishment of such dipping station appropriate the necessary amount of money for the purpose of purchasing material and chemicals used in the operation of such station. § 3. The Board of Township Supervisors shall at their discretion levy dipping fee pro rata, in no case to exceed the actual cost to the township for material and labor used in construction and operating such station; such fee to be paid in cash. § 4. This Act shall not be construed to repeal sections 2780 to 2785 inclusive of the Compiled Laws of the State of North Dakota for the year 1913, but shall be construed to be supplementary thereto. ARTICLE 6.— SPECIAL MEETINGS. § 4138. SPECIAL MEETINGS HELD, WHEN Special meetings may be held for the purpose of electing township ofScers to fill vacancies that occur, also for the purpose of transacting any lawful business, whenever the supervisors, township clerk and justices of the peace, or any two of them, together with at least twelve freeholders of the township file in the oflSee of the township clerk a written statement that a special meeting is necessary. (R. C. 1905, § 3078; 1883, ch. 112, sub- ch. 1. § 16; R. C. 1899, § 2543; Ch. 23, § 12, PoL C. 1877.) See Opinions of the Attorney General, Nos. 103 and 104. § 4139. CLERK TO GIVE NOTICE OF MEETING. Each clerk with whom such statement is filed as required in the preceding section, shall record the same and immediately cause notice to be posted in five of the most public places in the township, giving at least ten days' notice of such special meeting; and if there is a newspaper published in the town- ship he shall cause a copy of such notice to be published therein at least three days before the time appointed for such meeting. (R. C. 1905, § 3079; 1883, ch. 112, sub-ch. 1, § 17; R. C. 1899, § 2544; Ch. 23, § 13, Pol. C. 1877.) § 4140. WHAT NOTICE MUST SPECIFY. Each notice given for a special meeting shall specify the purpose for which it is to be held, and no other business shall be transacted at such meeting than such as is speci- fied in such notice. If vacancies in oflSce are to be filled at such meeting the notice shall specify in what oflBce vacancies exist, how they occurred, who was the last incumbent and when the term of each oflSce expires. (R. C. 1905, § 3080; 1883, ch. 112, sub-ch. 1, § 18; R. C. 1899, § 2546; Ch. 23, § 14. Pol. C. 1877.) ARTICLE 7.— MODE OF CONDUCTING TOWNSHIP MEETINGS. § 4141. ORGANIZATION OF MEETING. The electors present at any time between nine and ten o'clock in the forenoon of the day of tb« STATE OF NORTH DAKOTA annual or special meeting shall be called to order by the township clerk, i if present ; in case he is not present then the voters may elect by acclama- 1 tion one of their number chairman and three of their number judges of i such meeting, who shall be duly sworn and be judges of the qualifications of j township electors. They shall then proceed to choose one of their number ; to preside as moderator of such meeting. The clerk last before elected j shall be clerk of the meeting and keep full minutes of its proceedings,! in which he shall enter at length every order or direction and all rules; and regulations made by the meeting. If the clerk is absent, then some: person shall be elected to act as clerk of the meeting. (R. C. 1905, i S 3081; 1883, ch. 112, sub-ch. 1. § 19; R. C. 1899, § 2546; Ch. 23, § 15,^ Pol. C. 1877.) I § 4142. DUTY OF MODERATOR. RECONSIDERATION OF VOTE,; At the opening of each meeting the moderator shall state the business to] be transacted, and the order in which it shall be entertained, and no: proposition to vote a tax shall be acted on out of the order of business! ttfi stated by the moderator, and no proposition to reconsider any vote' shall be entertained at any meeting unless such proposition to recon-; alder is made within one hour from the time such vote was passed, or the motion for such reconsideration is sustained by a number of voters edual to a majority of all the names entered upon the poll list at such j election up to the time such motion is made ; and all questions upon mo- ' tions made at township meetings shall be determined by a majority of I the electors voting; and the moderator shall ascertain and declare the; result of the votes on each question. (R. C. 1905, § 3082 ; 1883, ch. 112, ■ sub-ch. 1, § 20; R. C. 1899, § 2547: ch. 23, § 16, Pol. C. 1877.) § 4143. PROCLAMATION OF OPENING AND CLOSING POLLS, | Before the electors proceed to elect any township officer, proclamation j shall be made of the opening of the polls by the modera tor, and procla- j mation shall in like manner be made of the adjournment, and of the open- ! iiig and closing of the polls, until the election is ended. (R. C. 1905, ! I 3083; 1883, ch. 112, sub-ch. 1, §21; R. C. 1899, § 2548.) , I Supervisors not empowered to purchase road machine without electors' authority. F. G. Austin Mfg. Co. v. Twin Brooks Twp., 16 S. D. 126, 91 N. W. 470. § 4144. WHO ARE VOTERS. No person shall vote at any town- ; ship meeting unless he is qualified to vote at general elections, and has •! been for the last ninety days an actual resident of the township where- .. in he offers to vote. (R. C. 1905, § 3084; 1883, ch. 112, sub-ch. 1, § 22; i R. C. 1899, § 2549; ch. 23, § 17; Pol. C. 1877.) • § 4145. CHALLENGE TO VOTER. If any person offering to vote at ] any election or upon any question arising at such township meeting Is | (fiallenged as unqualified, the judges of the meeting shall proceed there- 1 ELECTION LAWS OF NORTH DAKOTA 283 upon in like maimer as the judges at the general election are required to proceed, adapting the oath to the circumstances of the township meet- in e: (R. C. 1905, § 3085; 1883, ch. 112, sub-ch. 1, § 23; R. C. 1899, § 2550.) § 4146. CERTAIN OFFICERS TO BE ELECTED BY BALLOT. The supervisors, treasurer, township clerk, assessor, justice of the peace, con- stables and overseer of the highways in each township shall be elected by ballot. All other officers, if not otherwise provided by law, shall be chosen either by yeas and nays or by a division, as the electors determine. (R. C. 1905. § 3086; 1883, ch. 112, sub-ch. 1, § 24; R. C. 1899, § 2551.) S 4147. ALL CANDIDATES ON ONE BALLOT. When the electors vote by ballot all the candidates voted for shall be named on one ballot, which shall contain, written or printed, or partly written and partly print- ed, the names of the persons voted for and the oflSces to which such persons are intended to be chosen, and shall be delivered to one of the judges so folded as to conceal its contents. (R. C. 1905, § 3087; 1883, ch. 112, subKjh. 1, § 25; R. C. 1899, § 2552.) § 4148. POLL LIST. When the election is by ballot a poll list shall be kept by the clerk of the meeting, on which shall be entered the name of each person whose vote is received. R. C. 1905, § 3088; 1883, ch. 112, sub-ch. 1, § 26; R. C. 1899, § 2553.) I 4149. JUDGES TO DEPOSIT BALLOTS. When the election is by ballot one of the judges shall deposit the ballots in a box provided for that purpose. (R. C. 1905, § 3089; 1883, ch. 112, sub-ch. 1, § 27; R. C. 1899. § 2554.) § 4150. JUDGES TO CANVASS THE VOTES. At the dose of every election by ballot the judges shall proceed publicly to canvass the votes, which canvass when commenced shall continue without adjournment or interruption until the same is completed. (R. C. 1905, § 3090; 1883. ch. 112, sub-ch. 1, § 28; R. C. 1899, § 2555: ch. 23, § 22, Pol. C. 1877.) § 4151. MANNER OF CANVASSING. The canvass shall be con- ducted by taking one ballot at a time from the ballot box and counting until the number of ballots is equal to the number of names on the poll list, and if there are any left in the box they shall be immediately de- stroyed; and the i)erson having the greatest number of votes for any office shall be declared duly elected ; provided, that if two or more persons have an equal and the highest number of votes for any office, the judges of the election shall at once publicly by lot determine who of such per- sons shall be declared elected. If on opening the ballots two or more ballots are found to be so folded that it is apparent that the same person voted them the board shall immediately destroy the ballots. (R. C. 1905, § 3091; 1883, ch. 112, sub-ch. 1, § 29; R. C. 1899, § 2556.) See Opinions of the Attorney General ,No. 105. 284 STATE OF NORTH DAKOTA \ \ § 4152. RESULT TO BE ANNOUNCED. The canvass being com- I pleted, a statement of the result shall be entered at length by the clerk j of the meeting in the minutes of its proceedings to be kept by him aa ! before required, which shall be publicly read by him to the meeting, ; and such reading shall be deemed notice of the result of the election to : every person whose name is entered on the poll list as a voter. (R. C ' 1905, § 3092; 1883, ch. 112, sub-ch. 1, § 30 ; R. C. 1889, § 2557.) ; § 4153. MINUTES TO BE FILED. The minutes of the proceedings of ; each meeting, subscribed by the clerk of said meeting and by the judges, | shall be filed in the oflSce of the township clerk within two days after such ] meeting. (R. C. 1905, § 3093; 1883, ch. 112. sub-ch. ,1, § 31 : R. C. 1899. j § 2558.) I 4 Conclusiveness of records of meetings of towns and the power to amend. ] 13 Am. St. Rep. 550. J I § 4154. DUTY OF TOWNSHIP CLERK. The clerk of each township i meeting shall, immediately after the votes are canvassed, transmit to ! eacR person elected to any township office, a notice of his election. (Jl. C. J 1905, § 3094: 1883, ch. 112, sub-ch. 1, § 32; R. C. 1899. § 2559; 1903, 1 ch. 92.) ; § 4155. PROCEEDINGS WHEN MEETING FAILS TO ELECT. In j case any township refuses or neglects to organize and elect township ' officers at the time fixed by law for holding annual township meetings. ! twelve freeholders of the township may cal' a township meeting for the : purpose aforesaid, by posting notices in three public places in such town- ship, giving at least ten days' notice of such meeting: which notice shall i set forth the time, place and object of such meeting; and the electors ; when assembled by virtue of such notice shall possess all the powers ; conferred upon them at the annual township meeting. In case no such ' notiee is given as aforesaid within thirty days after the time for holding i the annual meeting, the board of county commissioners of the county shall, on the affidavit of any freeholder of the township, file in the office of ■ the clerk of the board, setting forth the facts, at any regular or sp(^c'i?J ; meeting of the board, appoint the necessary township officers of such town- I ship, and the persons so appointed shall hold their respective offices until i others are elected and qualified in their places, and shall have the same J power and be subject to the same duties as if they had been duly elected, i (R. C. 1905, § 3095; 1883, ch. 112, sub-ch. 1, § 33; R. C. 1899, § 2560.) i ARTICLE 8.— BY-LAWS. § 4156. BY-LAWS. No by-laws made by any township shall take effect before the same is published by posting copies thereof in three of the most public places in the township; and such bv-laws, duly mnde and so published, are binding upon all persons coming within the limits of ELECTION LAWS OF NORTH DAKOTA 28S the township as well as upon the inhabitants thereof, and shall remain in force until altered or repealed at some subsequent township meeting. (R. C. 1905. § 3096; 1S83, ch. 112, sub-ch. 1, § 14; R. C. 1899; § 2561.) See Callan v. Sether, 31 S. D. 91, 139 N. W. 786. § 4157. CLERK SHALL POST BY-LAWS. The township clerk shaU post in three of the most public places in his township, copies of all by-laws made by such township, and shall make an entry in the town- ship record of the time when, and the places where such by-laws were posted. (R. C. 1905, § 3097; 1883, ch. 112, sub-ch. 1, § 15; R. C. 1899, § 2562.) ARTICLE 9.— QUALIFICATIONS OF OFFICERS. § 4158. VOTER ELIGIBLE TO OFFICE. Each person qualified to Tote at township meetings is eligible to any township oflace. (R. C. 1905, ^3098; 1883, ch. 112, sub-ch. 1, § 34 : R. C. 1899, § 2563.) § 4159. OFFICERS TO TAKE OATH. Each person elected or ap- pointed to the oflBce of supervisor, township clerk, assessor, treasurer, constable or road overseer, shall, within ten days after he is notified of his election or appointment, take and subscribe before the township derk or justice of the peace, the oath prescribed in section 211 of the constitu- tion. Such oath shall be administered without fee and certified by the ofllcer by whom it is taken, with the date of taking the same. (R. C. 1905, § 3099; 1883, ch. 112, sub-ch. 1, § 25; R. C. 1899, § 2564; 1901, ch. 204.) § 4160. CERTIFICATE OF OATH TO BE FILED. The person tak- ing such oath shall immediately and before entering upon the duties of his oflSce file the certificate of such oath in the office of the township clerk. (R. C. 1905, § 3100; 1883, ch. 112, sub-ch. 1, § 36; R. C. 1899. § 2565.) § 4161. JUSTICE TO TAKE OATH AND GIVE BOND. Each pre- son elected or appointed to the office of justice of the peace shall within ten days after receiving notice thereof take and subscribe before any officer authorized to administer oaths the oath prescribed in section 211 of the constitution. Such justice shall also execute a bond as provided in chapter 6 (chapter 7 herein) of this code and file the same with the clerk of the district court of the proper county for the benefit of any person aggrieved by the acts of such justice, and any person aggrieved may maintain an action on said bond in his own name against such justice and his sureties. (R. C. 1905. § 3101; 1883, ch. 112. sub-ch. 1, § 37; R. C. 1899, § 2566.) § 4165. BOND OF TREASURER. Each person elected or appointed to the office of trea.surer, before entering upon the duties of his office, shall execute a bond in double the probable amount of money to be received s 286 STATE OF NORTH DAKOTA i by him, which amount shall be determined by the board of snpervisora of j the township. (R. C. 1905, § 3105; 1883, ch. 112, sub-ch. 1, 8 38; K. G ] 1899, § 2570.) j § 41G6. CONSTABLE TO TAKE OATH AND GIVE BOND. Each • person chosen to the office of constable, before entering upon the duties of ; his office and within eight days after he is notified of his election or '< appointment, shall take and subscribe the oath of office and execute a i bond as prescribed by law. Such bond shall be approved and filed as . provided in chapter 6 (chapter 7 herein) of this code. (R, 0. 1905, ; 8 3106; 1883, ch. 112, sub-ch. 1, § 40; R. C. 1895, § 2571.) 8 4167. BOND OF ASSESSOR TO BE FILED. Each township as- j sessor shall give a bond in the penal sum of five hundred dollars and shaU ' immediately after the approval thereof, deliver the same to the town- ■ ship clerk, whose duty it shall be forthwith to file such bond with the i county auditor. (R. C. 1905, § 3107 ; 1889, ch. 128, § 1 ; R. C. 1895, 8 2572.) ' 8 4168. NEGLECT TO QUALIFY. If any person elected or appoint- ed to any township office, of whom an oath or bond is required, neglects ! to file the same within the time prescribed by law such neglect shall be i deemed a refusal to serve in such office, (R. C. 1905, 8 3108; 1883, ch. :, 112, sub-ch. 1, 8 42; R. C. 1899, § 2573.) 8 4169. PENALTY FOR NEGLECT TO TAKE OATH. If any town- I ship officer who is required by law to take an oath of office, enters upon ''. the duties of his office before taking such oath, he forfeits to such town- i ship the sum of fifty dollars. (R. C. 1905, 8 3109; 1883. ch. 112, sub-ch. 1^ ! 8 43; R. a 1899, 8 2574.) i 8 4170. ROAD OVERSEER AND POUND MASTER TO FILE AC- CEPTANCE. Each person elected or appointed to the office of overseer i of highways or pound master, before he enters upon the duties of his i office and within ten days after he is notified of his election or appoint- ] ment, shall file in the office of the township clerk a notice signifying his | acceptance of such office. A neglect to file such notice shall be deemed a refusal to serve. (R. C. 1905, 8 3110; 1883, ch. 112, sub-ch. 1, 8 44; B. C. 1890, 8 2575.) ARTICLE 10.— VACANCIES. j j 8 4171. BOARD MAY ACCEPT RESIGNATIONS. The board of i supervisors of any township may for sufficient cause shown to it accept I the resignation of any officer in its township, and whenever it accepts j any such resignation it shall forthwith give notice thereof to the town- \ ship clerk. (R. C. 1905, 8 3112: 1883, ch. 112, sub-ch. 1, 8 46; R. C. ■ 1899, 8 2577.) ELECTION LAWS OF NORTH DAKOTA 287 § 4172. VACANCIES, HOW FILLED. Whenever any township fails to elect the proper number of oflScers, or whenever any person elected to a township office fails to qualify, or whenever any vacancy happens in any township office from death, resignation, removal from the township or other cause, the justices of the peace of the township, together with the board of supervisors or a majority of them, shall fill the vacancy by appointment by warrant under their hand, and the persons so appointed shall hold their offices until the next annual meeting and until their successors are elected and qualified, and shall have the same power and be subject to the same duties and penalties as if they had been duly elected. (R. C. 1905, § 3113; 1883, ch. 112, sub-ch. 1, § 47; R. C. 1899, S 2578.) S«e Callan v. Sether, 31 S. D. 89, 139 N. W. 786. § 4173. VACANCIES IN APPOINTMENT BOARD. Whenever a vacancy occurs from any cause in the office of the justice of the peace or township supervisor, the remaining officers of such appointment board shall fill any vacancy thus occurring. (R. C. 1905, § 3114; 1883, ch, 112, sub-ch. 1, § 48; R. C. 1899, § 2579.) § 4174. WHEN COUNTY AUDITOR TO APPOINT TOWNSHIP AS- SESSOR. When any township assessor is elected and fails or refuses to qualify or to discharge the duties of his office, or if the electors of a township fail for any reason to elect an assessor, and the township board of said township fails or refuses to appoint an assessor for the township on or before the fifteenth day of April of the year for which such asses- sor is to serve, it shall be the duty of the county auditor to appoint an assessor for such township, who shall be a resident of the township lor which he is to serve as assessor. (R. .C. 1905, § 3115: 1887, ch. 156, $ 1, R. C. 1899, § 2580.) § 4188. APPROVED BONDS OF TOWNSHIP OFFICERS. At its meeting in March the chairman (of the board of supervisors) shall ap- prove the bonds of township officers, and said officers shall immediately enter upon the duties of their office, and shall assess the highway labor and road tax for the ensuing year and perform all the duties required ol them in article 13 of chapter 31. (R. C. 1905. § 3129; 1887, ch. 155. §4i R. C. 1899, § 2594.) § 4200. CLERK TO GIVE BOND AND TAKE OATH. Each person elected or appointed to the office of township clerk shall, before enter- ing upon the duties of his office and within the time prescribed by law for filing his oath of office, execute a bond with two or more sureties to be approved by the chairman of the township board of supervisors, in such penal sum as the supervisors direct, conditioned for the faithful dis- charge of his duties. Such bond so approved shall be filed in the office of the county auditor for the benefit of any person aggrieved by the STATE OF NORTH DAKOTA acts or omissions of such clerk; and any person so aggrieved or the \ township may maintain an action on such bond against said clerk and 1 his sureties. (1909, ch. 222; R. C. 1905, § 3141; 1883, ch. 112, sub-ch. ] 1, § 67; R. C. 1899, § 2605.) \ § 4201. SEND NAME OF CONSTABLE TO CLERK OF DISTRICT ! COURT. Each township clerk, immediately after the qualification of any j constable elected or appointed in his township, shall transmit to the clerk of the district court of the county the name of such constable. (R. C. 1905, § 3142; 1883, ch. 112, sub-ch. 1, § 68; R. C. 1899, § 2606.) | § 4202. SEND NAME OF JUSTICE TO CLERK OF DISTRICT \ COURT. Each township clerk shall immediately after the election of i any justice of the peace in his township transmit a written notice thereof i to the clerk of the district court of the county, stating therein the name of the person elected and the term for which he is elected; and if j elected to fill a vacancy, he shall state in such notice who was the , last incumbent of the office. (R. C. 1905, § 3143; 1883, ch. 112, sub-ch. 1, ' I 69; R. C. 1899, § 2607.) § 4203. PENALTY FOR NEGLECT. If any township clerk wU- ] fully neglects to make such return he shall be guilty of a misdemeanor, i and on conviction thereof shall be fined in a sum not exceeding ten ■ doUars. (R. C. 1905, § 3144; 1883, ch. 112, sub-ch. 1, § 70; R. C. 1899, ; § 2608.) \ § 4215. BOARD TO REPORT ACCOUNTS AUDITED AND AL- ; LOWED. Such board (of supervisors) shall make a report, stating in : detail the items of account audited and allowed, the nature of each \ account, and the name of the person to whom such account was al- \ lowed, including a statement of the fiscal concerns of the township, and 1 an estimate of the sum necessary for the current expenses thereof, the i support of the poor and other incidental expenses for the ensuing year, i (R. C. 1905, § 3155; 1883, ch. 112, sub-ch. 1, § 80; R. C. 1899, § 2619.) | § 4216. REPORT TO BE READ AT TOWNSHIP MEETING. Such I report shall be produced and publicly read by the township clerk at the \ next ensuing township meeting, and the whole or any portion of such ; report may be referred by order of the meeting to a committee, whose ' duty it shall be to examine the same and report thereon to such meet- i ing. (R. C. 1905, § 3156; 1883, ch. 112, sub-ch. 1, § 81; R. C. 1899, j 5 .2620.) ] I ARTICLE 19.— BOOKS AND PAPERS OF OUTGOING OFFICERS. i I I § 4238. SUCCESSOR IN OFFICE TO DEMAND RECORDS. When- j ever the term of any supervisor, township clerk or assessor expires, and ; another person is appointed or elected to such office, such successor im- \ ELECTION LAWS OF NORTH DAKOTA mediately after he enters upon the duties of his oflBce shall demand of his predecessor all books and papers under his control belonging to such office. (R. C. 1905, § 317S; 1883, ch. 112, sub-ch. 1, § 102; R. C. 1899, § 2642.) § 4239. SAME, VACANCY. Whenever either of the officers above named resigns, or the office becomes vacant in any way, and another person is elected or appointed in his stead, the person so elected shall make such demand of his predecessors or of any person having charge of such books and papers. (R. C. 1905, § 3179; 1883, ch. 112, sub-ch. 1, § 103; R. C. 1899, § 2643.) § 4240. RECORDS TO BE DELIVERED. Each person so going out of office, whenever thereto required pursuant to the foregoing pro- visions, shall deliver upon oath all records, books and papers in his possession or under his control, belonging to the office held by him which oath may be administered by the officer to whom such delivery is made. (R. C. 1905, § 3180; 1883, ch. 112, sub-ch. 1, § 104; R. C. 1899, § 2644.) § 4241. DEMAND FOR RECORDS IN CASE OF DEATH. Upon the death of any of the officers enumerated, the successor of such of- ficer shall make such demand as above provided of the executor or ad- ministrator of such deceased officer, and such executor or administrator shall deliver upon like oath all records, books, papers or moneys in his possession or under his control, belonging to the office held by his testator or intestate. (R. C. 1905, § 3181; 1883, ch. 112, sub-ch. 1, § 105; R. C. 1899, § 2645.) § 4243. WHEN PETITIONED, SUPERVISORS SHALL CALL ELECTION TO VOTE ON QUESTION OF PLACING MONUMENTS. Whenever the township supervisors of any organized township in this state shall be petitioned by not less than twelve freeholders of said townshp to call an election to ascertain the will of the majority of the voters of said township on the question of erecting such monuments, (markng section corners) the said board of township supervisors shall submit the question of whether or not such monuments shall be placed in said township, whicHi election shall be held the same time as the usual spring election for township officers, and if a majority of those voting in said township at such spring election vote in favor of erecting said monuments, then the said board of township supervisors shall im- mediately thereafter cause such monuments to be placed as provided in section 4242. (R. C. 1905, § 3183; 1905, ch. 180, § 2.) ARTICLE 22.— PUBLIC PLACES. I § 4248. VOTERS SHALL DESIGNATE. At the annual township meeting in each year the legal voters present at each meeting shall 290 STATE OF NORTH DAKOTA determine and designate three places in the township as public or the t most public places of such township, and tliat all legal notices required ' to be posted in three public or the most public places of a township i; shall be jwsted at such places at least, and they shall make provision i for the erection and maintenance of posts on which to post notices j as aforesaid in all places so designated, in which there is no sufficient 1 natural convenience for that purpose. (R. C. 100.1. § 8102: issa. ch. 112, j sub-ch. 1, § 111: R. C. 1899, § 2651.) i Does not pertain to the posting of notices ot school districts. Shirley v Coal Field School Dist., ....N. D , 179 N. W. 551. ARTICLE 23.— POUNDS AND POl ND MASTERS. ! li § 4249. POUNDS LOCATED. Whenever the electors of any town- \ ship determine at their annual township meeting to erect one or more I pounds therein, the same shall be under the care and direction of such , t pound masters as are chosen or appointed for that purpose. (R. C. 1005, | 5 3193; 1883, ch. 112, sub-ch. 1, § 112; R. C. 1800. § 2052.) 1 Liability of municipality for impounding^ animals. 27 T>. R. A. (N. S.) 1.^8. 1 § 4250. DISCONTINUING POUNDS. The electors of any town- ^ ship may at any annual township meeting discontinue any pounds therein. (R. C. 1905, § 3194; 1883. ch. 112. sub ch. 1. § 113: R. C. 1890, | § 2653.) I ARTICLE 24.— DEBTS AND BONDS. I § 4253. LIMIT OF DEBT OF TOWNSHIPS. No township ha& \ power to contract debts or make expenditures for any one year in a , larger sum than the amount of taxes assessed for such year w^ithout ■ having been authorized by a majority of the voters of such township, ; and no township shall assess for township purposes more than ten \ mills on the dollar of taxable property for any one year. (R. C. .1{X)5, - § 3197: 1883, ch. 112, sub-ch. 1. § 115: R. C. 1800. § 2050..) Supervisors not empowered to create future indebtedness without elec- tors' authority. F. C. Austin Mfg. Co. v. Twin Brooks Twp.. 16 S. D. 129. ' 91 N. W. 470. i On what basis majority essential to adoption of proposition for issuing ] . municipal bond is to be computed. 22 L. R. A. (N. S.) 47?. ! § 4254. BONDS OF TOWNSHIPS ISSI^ED. HOW AND WHEN. ) The boards of supervisors of the organized townships of this state, or j those that may hereafter be organized, are authorized and em- , powered to issue the bonds or orders of their respective townships, j with coupons attached, and in such amounts and at such perio. MAY HAVE INCREASED JURISDICTION, HOW. When- ever the board of county commissioners of any county shall be presented with a petition signed by at least twenty per cent of the qualified voters and taxpayers of said county, praying for the submission to the roters of the county of the question whether the county court of said county shall have increased jurisdiction, and in counties having such increased jurisdic- tion whether the same shall be abolished, it shall be the duty of said board to cause the same to be submitted to the voters of the county at the next general election ; provided, that said board may in its discretion call a special election to determine said question. Notice of said special election shall be given by publishing r notice of the same, stating the ob- ject of said election, in three newspaperc in the county once each week for three successive weeks ; provided, that the last publication shall be at least ten days, and not more than fifteen days, immediately preceding said election. In case there are not three newspapers published in the county, 300 STATE OF NORTH DAKOT4 then said notice shall be published in such newspapers as are situated in ' said county and in not more than the three nearest newspapers published in adjoinmg counties. The petition presented to the board of county . commissioners, as provided in this chapter, must show the population of ; said county to be at least two thousand, that the i)etitioners are qualified j voters and taxpayers of said county and must be verified by at least three \ of the petitioners showing these facts ; provided, further, that a majority ot \ the highest number of votes cast at such election on any proposition j whatever, shall be necessary to carry such question of increased jurisdic- j tion or abolishing same; and provided, further, that an election for the ; purpose of abolishing such increased jurisdiction of the county court ; shall not be held oftener than once in six years. (1009, ch. 7S, § 1 ; R. C, • 1905, § 8288; Const. § 111; 1903, ch. GO.) Majority of all votes cast on question of increased jurisdiction sufificient. j State V. Fabrick 18 N. D. 402, 121 N. W. 65. | See Opinions of Attorney General Nos, 106 and 107. 1 JUSTICES OF THE PEACE. ' i § 9003. OFFICE OF JUSTICE, AVHERE. Every justice of the peace i shall keep his office and hold his court at a place by him selected, which ; must be within the county, civil township, city or town as the case may i be in which he may have been elected or appointed. (R. C 1905, § 8342; ] Jus. C. 1877, § 1; R. C. 1895, § 6620.) Judicial acts to be performed within town or city where elected. Re Dance, . 2 N. D. 184, 49 N. W. 733, 33 Am. St. Rep. 768. Place at which justice of the peace may act. 33 L. R. A. 90. Right of woman to be justice of the peace. 38 L. R. A. 209. ^ \ § 9014. DOCKET TO BE DEPOSITED WITH THE CLERK OF THE , DISTRICT COURT. Every county justice of the peace upon the ex- ■ piration of his term of office must deposit with the Clerk of the District Court his official dockets and all papers filed in his office, his own as well ' as those of his predecessors, if any. or any other which may be in his cus- ■ today, to be kept as public records. (1921, ch. 82, § 1 ; R. C. 1905, § 8353; R. C. 1895, § 6630.) § JXH5. DOCKET. AVHERE DEPOSITED. WHEN VACANCY j OCCURS. If the office of a county justice of the peace becomes vacant j by his death, removal or otherwise before his successor is elected and ^ •j qualified, the dockets and papers in po.ssession of such justice must be deposited in the office of the Clerk of tlie District Court to be by him de- i livered to the successor of such justice. (1921, ch. 82, § 2; R. C. 1JK)5, I § 8354; R. C. 1895, § 6631.) Any County Justice of the Peace, or any person, violating any of the j provisions of this act (9014, 9015) shall be liable to a fine of not less than ten dollars nor more than one hundred dollars, to be recovered in a ^ civil action by the county. (1921, ch. 82, § 3.) j ELECTION LAWS OF- NORTH DAKOTA 301 CRIMES AGAINST THE ELECTIVE FRANCHISE. § 9250. ELECTOR. GIVING OR RECEIVING BRIBE. Every per- son, who, by force, threats, bribery or by offering to give or by giving a bribe to any elector, or by any corrupt means whatever, either directly or indirectly, attempts to influence or influences any such elector in giving his vote at any election ; or who attempts to deter or deters him from giving his vote at such election, or attempts by any means whatever to awe, restrain, hinder or disturb any elector in the free exercise of the right of suffrage, or defrauds any elector at any such election by deceiving and causing such elector to vote for a different person for any oflBce than he intended or desired to vote for. or who, being an inspector, member of the board of election, judge or poll clerk of any election, while acting as such or during the continuance of an election, induces or attempts to in- duce any elector, either by menaces, or reward or promises thereof, to vote differently from what such elector intended or desired to vote, is- guilty of a misdemeanor and is punishable by a fine not exceeding one thousand dollars and not less than one hundred dollars and by imprison- ment in the county jail not exceeding one year and not less than three mouths. (R. C. 1905, § 8585; Pen. C. 1877, § 56; R. C. 1895, § 6855.) § 9251. ELECTOR. ILLEGAL INFLUENCE. Every person offer- ing, giving or loaning to another any money or other thing of value, to induce him to influence any elector to vote. in a particular way or for any person at any such election, shall be punished by a fine not exceeding five hundred dollars, or be imprisoned in the county jail not exceding one year, or by both such fine and imprisonment. (R. C. 1905, § 8586; Pen. C. 1877, § 57: R. C. 1899, § 6856.) § 9252. BETTING UPON ELECTION, HOW PUNISHED. Every person who makes, offers or accepts any bet or wager upon the result of any election, or upon the success or failure of any person or candidate, or upon the number of votes to be cast either in the aggregate or for any particular candidate, or upon the vote to be cast by any particular person or persons, or upon the decision to be made by any inspector of election, board of election or any member thereof, or any canvasser, board of can- vassers or other election ofiicers, or any question arising in the course of an election, or upon any event whatever depending upon the conduct or result of an election or upon the conduct or decision of any oflBcer of an election or board of such oflScers. is guilty of a misdemeanor. (R. C 1905, § 8587; Pen. C. 1877, § 58: R. C. 1895, § 6857.) 20 C. J. page 80, & A7, By constitutional provision in some states no person can vote at an election who shall make or become directly or indirectly in- terested in any bet or wager dependent upon the result thereof. But such provision seems to be beyond the power of a state legislature, where the con- sHtution has fully defined the qualifications of electors and is silent on the subject of wager, citing, In re Clothier, 2 Chest. Co. (Pa.) 355. See Opinions of the Attorney General, No. 108, 302 STATE OF NORTH DAKOTA ; § 9253. OFFERS OF OFFICE, HOW PUNISHED. Every person \ who, being a candidate at any election, offers or agrees to appoint or pro- I cure the appintment of any particular person or persons to office, as an j inducement or consideration to any person to vote for, or to procure or ] aid in procuring the election of such candidate, is guilty of a misdemean- ] or. (R. C. 1905, § 8588; Pen. C. 1877, § 59; R. C. 1899. § 6858.) ] § 9254. COMMUNICATING SAME. Every person who, not being a •• candidate, communicates any offer made in violation of the last section, to . any person, with intent to induce him to vote for or to procure or aid in i procuring the election of the candidate making the offer, is guilty of a j misdemeanor. (R. C. 1905, § 8589; Pen. C. 1877, § 60 ; R. C. 1899, § 6859.) i § 9255. CONTRIBUTING MONEY FOR ELECTIONS, HOW PUN- | ISHED. EXCEPTIONS. Every person who, with intent to promote the j election, either of himself or of any other person or candidate, either : I 1. Furnishes, or engages to pay or deliver any money or property, * for the purpose of procuring the attendance of voters at the polls, or for ; the purpose of compensating any person for procuring attendance of ^ voters at the polls, except for the conveyance of voters who are sick, j poor or infirm ; or, i j 2. Furnishes, or engages to pay or deliver any money or property, ^ for any purpose intended to promote the election of any candidate, except .' for the expenses of holding and conducting public meetings for the discus- ■ sion of public questions, and of printing and circulating ballots, handbills i and other papers, previous to such election, is guilty of a misdemeanor, j (R. C. 1905, § 8590; Pen. C. 1877, § 61 ; R. C. 1899, § 6860.) j § 9256. DEFRAUDING ELECTOR IN HIS VOTE. Every person who fradulently alters the ballot of any elector or substitutes one ballot 5 for another, or furnishes any elector with a ballot otherwise than as pro- } vided and authorized by law, or with a ballot containing more than the proper number of names, or who intentionally practices any fraud upon .^ any elector to induce him to deposit a ballot as his vote and to have the I same thrown out and not counted, or otherwise to defraud him of his 5 vote, is guilty of a misdemeanor. (R. C. 1905, § 8591: Pen. C. 1877, i § 62; R. C. 1895, § 6861.) J § 9257. OBSTRUCTING ELECTOR. Every person who willfully \ and without lawful authority obstructs, hinders or delays any elector on his ^ way to any poll where an election shall be held, is guilty of a misdemeanor, ^ (R. C. 1905, § 8592; Pen. C. 1877, § 63; R. C. 1899, § 6862.) * m § 9258. DOUBLE VOTING OR OFFER. Every person who votes more -^ than once at any election, or who offers to vote after having once voted, v either in the same or in another election precinct or district, shall be j punished by fine not exceeding two hundred dollars, or by imprisonment I ELECTION LAWS OF NORTH DAKOTA 303 in the county jail not exceeding one year. (R. C. ll>or». § 8503; Pen. C. 1877, § 64; R. C. 1899, § 6863.) § 9259. UNQUALIFIED VOTER. Every person knowing himself not to be a qualified voter, who votes or offers to vote at any election, shall be punished by a fine not exceeding two hundred dollars, or by imprison- ment in the county jail not exceeding six months. (R. C. 1905. § 8594; Pen. C. 1877, § 65; R. C. 1899, § 6864.) Good faith as affecting criminal responsibility for illegal registration or voting. 37 L. R. A. (N. S.) 1177. § 9260. PROCURING UNQUALIFIED VOTE. Every person who procures, aids, assists, counsels or advises another to give his vote, know- ing that such person is disqualified, shall he punished by a fine not ex- ceeding five hundred dollars, nor less than fifty dollars, and by imprison- ment in the county jail not exceeding one year. (R. C. 1905, § 8595; Pen. C. 1877, § 66 ; R. C. 1899. § 6865.) § 9261. ADVISING UNQUALIFIED VOTING. Every person who procures or counsels another to enter any town, ward, or election precinct or district for the purpose of giving his vote at an election, knowing that such i)erson is not entitled so to vote, is guilty of a misdemeanor. (R. C. 1905, § 8596: Pen. C. 1877, § 67: R. C. 1899. § 6866.) § 9262. VOTING IN WRONG PRECINCT OR DISTRICT. Every I)erson who. at any election, knowingly votes or offers to vote in any election precinct or district in which he does not reside, or in which he is not authorized by law to vote, is guilty of a misdemeanor. (R. C. 1905, § 8597: Pen. C. 1877, § 68; R. C. 1899, § 6867.) Does not apply to the voter who votes at the same place fixed by lawful authority to vote, as do all the electors in the precinct in which he resides. Kerlin v. Devils Lake, 25 N. D. 227, 141 N. W. 756. Good faith as affecting criminal responsibility for illegal registration or voting. 37 L. R. A. (N. S.) 1177. § 9263. VOTING UNLAWFULLY AT TOWN MEETING, Every I)erson who votes at any annual township meeting, in a township in which he does not reside, or who offers to vote at any annual township meeting after having voted at an annual township meeting held in another town- ship within the same year, is guilty of a misdemeanor. (R. C. 1905, 5 8598 ; Pen. C. 1877. § 741 : R. C. 1899. § 6868. ) § 9264. CONVICTED FELON. DENIED VOTE. Every person who, having been convicted of any bribery or felony, thereafter offers to vote at any election without having been pardoned and restored to all the rights of a citizen, is guilty of a misdemeanor. (R. C. 1905, § 8599; Pen. C. 1877, § 69 ; R. C. 1899, § 6869. ) § 9265. UNAUTHORIZED REGISTRATION, HOW PUNISHED. Every person who causes his name to be registered as that of an elector. 304 STATE OF NORTH DAKOTA ; __ __ ^ upon any registry of voters authorized by law to be kept in any town, i city or election precinct or district of this state, knowing that he is not a ■ qualified voter within the territorial limits covered by such registry, | is punishable by imprisonment in the penitentiary not less than one year, i (R. C. 1905, § 8G0O; Pen. C. 1877, § 70; R. C. 1809, § G870.) i Good faith as affecting criminal responsibility for illegal registration or voting. 37 L. R. A. (N. S.) 1177. § 9266. PERSONATING REGISTERED VOTER. Every person ; who, within any city, town or election precinct or district in this state in ; which a registry of qualified voters is by law authorized to be kept falsely ; .personates a registered voter, and in such personating offers to vote at j any election, is punishable by imprisonment in the penitentiary not less ' than one year. (R. C. 1905, § 8601 ; Pen. C. 1877, § 71 ; R. C. 1899, § 6871.) ; § 9267. FALSE STATEMENT, PREVENTING REGISTRATION. ! Every person who. at the time of requesting his name to be registered as ^ that of a qualified voter, upon any registry of voters authorized by law to j be kept in any city, town or election precinct or district of this state, or ] at the time of offering his vote at any election, knowingly makes any false j statement or employs any false statement, false representation or false | pretense or token, to procure his name to l)e registered or his vote to be J received, is guilty of a misdemeanor. (R. C. 1905, § 8602; Pen. C. 1877, ' § 72; R. C. 1899, § 6872.) i § 9268. CONSTRUCTIVE FALSE STATEMENTS. A false state- ; ment. representation or token, made or used in the r)resence and to the knowledge of a person requesting his name to be registered or offering ■ his vote, is to be deemed made by himself, if it appears that it was made or used in support of his claim to be registered or to votp, that he knew it ; to be false and suffered it to pass uncontradicted. (R. C. 1905, § 8603; | Pen. C. 1877, § 73 ; R. C. 1899, § 6873.) \ 1 § 9269. DISTURBANCE OF PUBLIC MEETING. Every person i who willfully disturbs or breaks up any public meeting of electors and : others, lawfully being held for the purpose of considering public questions, ' is guilty of a misdemeanor. (R. C. 1905, § 8604; Pen. C. 1877, § 74; 1 R. C. 1899, § 6874.) : § 9270. PREVENTING PUBLIC MEETING OF ELECTORS. ; Every person, who, by threats, intimidation or unlawful violence, willfully ' hinders or prevents electors from assembling in public meeting for the ] consideration of public questions, is guilty of a misdemeanor. (R. C. ; 1905, § 8605; Pen. C. 1877, § 75 ; R. C. 1899, § 6875.) : § 9271. PREVENTING ATTENDANCE AT PUBLIC MEETING. ■ Every person who makes use of any force or violence or of any threat to i do any unlawful act, as a means of preventing an elector from attending any public meeting lawfully held for the purpose of considering any public i ELECTION LAWS OF NORTH DAKOTA 305 questions, is guilty of a misdemeauor. (R. C. 1905, § 8606 ; Pen. 0. 1877, § 7G: R. C. 1899, § 6876.) § 9272. INTIMIDATING AND BULLDOZING ELECTORS. Every person who willfully, by milawful arrest, by force and violence or by threats or intimidation, prevents or endeavors to prevent an elector from freely giving his vote at any election, or employs either of such means to hinder him from voting, or to cause him to vote for any person or candidate, shall be punished by a fine not exceeding one thousand dollars, and not less than fifty dollars. (R. C. 1905, § 8607; Pen. C. 1877, §77; R. C. 1899, § 6877.) § 927a. VIOLENCE. THREATS, ETC., OF ELECTORS. Every per- son who procures or endeavors* to procure the vote of any elector, or the influence of any person or other electors, at any election, for himself or for or against any candidate, by means of violence, threats of violence, or threats of withdrawing custom or dealings in business or trade, or en- forcing the payment of debts, or bringing a suit or criminal prosecution, or any other threat of injury to be inflicted by him or by his means or procurement, shall be punished by a fine not exceeding one thousand dol- lars, and by imprisonment in the county jail not exceeding six months. (R. C. 1!X)5. § 8608; Pen. C. 1877. § 78; R. C. 1899, §6878.) § 9274. DISOBEDIENCE OF ELECTION JUDGES AND OFFICERS. Every person who willfully disobeys a lawful command of an inspector or judge of election or board of election, or board of judges of an election or election officers, given in the execution of his or their duty as such at any election, is guilty of a misdemeanor. (R. C. 1905, § 8609; Pen. C. 1877, § 79; R. C. 1895, § 6879.) § 9275. VIOLENCE DISTURBING ELECTION. Every person who is guilty of any riotous conduct, or causes any disturbance or breach of the peace, or uses any disorderly violence or threats of violence, whereby any elector is impeded or hindered, or whereby the lawful proceedings of any inspector or judge of election or poll clerk or other oflBcer of election or election officer, or board of election or canvasser at such election, in the discharge of his or their duty, are interfered with, is guilty of a mis- demeanor. (R. C. 1905. § 8610; Pen. C. 1877, § 80; R. C. 1895, § 6880.) § 9276. DISOBEDIENCE. SUMMARY ARREST THEREFOR. "Whenever, at any election, any person refuses to obey the lawful command of an inspector or judge of election, or of a board of election or other officer of election or election officer or board of canvassers, or by any disorderly conduct in his or their presence interrupts or disturbs his or their pro- ceeding, he or they may make an order directing the sheriff or con- stable of the county, or one or more special constables to be appointed by him or them, to take the person so offending into custody and detain him until the final canvass :»pf jthe votes , shall, be completed. But such order 306 STATE OF NORTH DAKOTA shall not prohibit the person taken into custody from voting at such elec- j tion. (R. C. 1905, § 8611; Pen. C. 1877, § 81; R. C. 1809, § 6881.) ; See Ch. 27, § 27, Pol. C. 1877. J § 9277. SUCH ARREST NOT DEFENSE. The fact that any person, ; offending against the provisions of the preceding section, was taken into « custody and detained, as herein authorized, forms no defense to a prosecu- ' tion for the offense committed, under any provisions of this coile. (R. C. : 1905, § 8612; Pen. C. 1877, § 82 ; R. C. 1899, § 6882.) ; § 9278. DESTROYING BALLOTS OR BOXES Every person who i willfully breaks or destroys, on the day of an election or before the canvass is completed, any ballot box used or intended to be used at such election, or ; defaces, injures, destroys or conceals any ballot which has been deposited ■ in any ballot box at an election, and has not already been counted or can- i vassed, or any poll list used or intended to be used at such election, is ! guilty of a felony. (R. C. 1905, § 8613; Pen. C. 1877. § 83; R. C. 1899, j § 6883.) i § 9279. FALSE CERTIFICATES. SUPPRESSING CERTIFICATE. ■ Every person who falsely makes, or makes oath to or fraudulently destroys ; any certificate of nomination or any part thereof, or files or receives for j filing any certificate of nomination, knowing the same or any part thereof to be falsely made, or suppresses any certificate of nomination which has : been duly filed, or any part thereof, or forges or falsely makes the official ; indorsement on any ballot, or willfully neglects properly to indorse said J ballot shall be deemed guilty of a felony, and upon conviction thereof j shall be punished by imprisonment in the penitentiary not less than one i and not exceeding five years. (R. C. 1905, § 8614; 1893, ch, 66, § 31;^ R. C. 1895, § 6884.) § to80. DESTROYING SUPPLIES, LISTS OR CARDS. Every per- ; son who, during an election, willfully removes or destroys any of the sup- ! plies or other conveniences placed in the booths or compartments for the j purpose of enabling the voter to prepare his ballot, or prior to or on the . day of an election willfully defaces or destroys any list of candidites ' posted in accordance with the provisions of law, or any copy of the printed ; ticket so posted, or who, during an election, tears down or defaces the j cards printed for the instruction of voters, shall be deemed guilty of a mis- , demeanor, and upon conviction thereof, shall be fined in any sum not ex- ' eeeding one hundred dollars, (R, C, 1905, § 8615; 1893. ch. 66. § 32 ; j R. C, 1895, § 6885.) ; § 9281. FALSE POLL LIST. Every poll clerk or clerk of the poll at i any election, who willfully keeps a false poll list, or who knowingly inserts | in his poll list any false statement is guilty of a misdemeanor. (R. C. j 1905, § 8616; Pen. C. 1877, § 84; B. C. 1895, § 6886.) ELECTION LAWS OF NORTH DAKOTA 307 r § 0282. MISCONDUCT OF JUDGES. CHALLENGES. Every inspec- tor or judge of an election, who willfully excludes any vote duly tendered, knowing that the person offering the same is lawfully entitled to vote at such election, or who willfully receives a vote from any T)erson who has been duly challenged in relation to his right to vote at such election, without exacting from such person such oath or other proof of qualification as may be required by law, or who willfully omits to challenge any person offering to vote, whom he knows or suspects not to be duly entitled to vote, and who has not been challenged by any other person, is guilty of a mis- demeanor. (R. C. 1905, § 8617; Pen. C. 1877. § 85 ; R. C. 1895, § 6887.) § 9283. FALSELY CANVASSING OR CERTIFYING. Every in- spector or judge of election, member of any board of election or of can- vassers, poll clerk, messenger or other oflScer authorized to take part in or perform any duty in relation to any canvass or oflScial statement of votes cast at any election, who willfully makes any false canvass of such votes, or makes, signs, publishes or delivers any false returns of such election, knowing the same to be false, or willfully defaces, destroys or conceals any statement or certificate intrusted to his care, is guilty of a misdemean- or. (R. C. 1905, § 8618; Pen. C. 1877, § 86; R. C. 1895, § 6888.) § 9284. BRIBING ELECTION OFFICERS. Every person who gives or offers a bribe to any inspector, judge, clerk, canvasser or other oflScer of any election, or of any board of election, as a consideration for some act done or omitted to be done, contrary to his official duty in re- lation to such election, shall be punished by a fine not exceeding five himdred dollars and imprisonment in the county jail not exceeding six months. (R. C. 1905, § 8619; Pen. C. 1877. § 87; R. C. 1895, § 6889. ) § 9285. PENALTY, DISFRANCHISEMENT. Any person guilty of either of the offenses mentioned in sections 9250 and 9251 shall thereafter be forever disfranchised and rendered ineligible to any oflBce of trust or profit within the state, including that of representative to congress. (R, C. ^5, § 8620; Pen. C. 1877, § 88 ; R. C. 1899, § 6890.) § 9286. WITNESS NOT EXCUSED. NOT PUNISHED. No person shall be excused from testifying upon a prosecution for an offense men- tioned in section 9251 upon the ground that his statement might tend to criminate himself, but any person so testifying against the other party shall thereafter be exempt from punishment for such offense mentioned in said section. (R. C. 1905, § 8621 ; Pen, C. 1877, § 89; R. C. 1899, § 6891.) § 9287. ELCTION DEFINED. The word "election'," as used in this chapter, designates only elections had within this state for the purpose of enabling electors, as such, to choose some public officer or officers under the laws of this state, or of the United States. (R. C. 1905, § 8622; Pen. C. 1877, § 90; R. C. 1899, § 6892.) i08 STATE OF NORTH DAKOTA § 9288. IRREGULARITIES NO DEFENSE. Irregularities or defects] in the mode of noticing, convening, holding or conducting an election au-1 tliorized by law, form no defense to a prosecution for a violation of the^ provisions of this chapter. (R. C. 1905, § 8623; Pen. C. 1877, § 91 ; R. C. ' 1899, § 6893.) > § 9289. RIGHTS. LAWFUL INTERFERENCE. Nothing in thisi chapter shall be construed to authorize the punishment of any person who, i by authority of law, may interfere to prevent or regulate an election which] has been unlawfully noticed or convened, or is being or is about to be un-j lawfully conducted. (R. C. 1905, § 8624; Pen. C. 1877, § 92; R. C. 1899,1 I 6894.) j § 9290. QUESTIONS SUBMITTED. CRIMINAL ACTS. Every; act which by the provisions of this chapter is made criminal when com-- mitted with reference to the election of a candidate, is equally criminal ; when committed with reference to the determination of a question sub-! mitted to electors to be decided by votes cast at an election. (R. C. i 1905, § 8625; Pen. C. 1877, § 93 ; R. C. 1899, § 6895.) § 9291. GOOD FAITH. GIVEN IN EVIDENCE. Upon any prose- i ■cution for procuring, offering or casting an illegal vote, the accused may ! give in evidence any facts tending to show that he honestly believed upon i good reason that the vote complained of was a lawful one; and the jury i may take such facts into consideration in determining whether the acts! complained of were knowingly done or not. (R. C. 1905, § 8626; Pen. C. 1877, § 94; R. C. 1899, § 6896.) I § 9292. SELLING LIQUORS ON ELECTION DAY. Every person' who sells, gives away or disposes of any intoxicating liquors as a beverage, ; on the day of any general election or special or local election, in the ; town, city or county where held, shall be deemed guilty of a misdemeanor, ; and upon conviction shall be punished by imprisonment in the county jail i not to exceed twenty days, and by fine not exceeding one hundred and not ' less than fifty dollars. (R. C. 1905, § 8627; Pen. C. 1877, § 95; R. C. ■ 1895, § 6897.) i § 9293. UNLAWFUL VOTING AT CAUCUS. PENALTY. Every ' person who is not a qualified elector of the ward or election precinct in '■ which any caucus or primary meeting is held and having for its object ; either immediately or ultimately, the nomination or selection of any dele- ! feate, or of any candidate for a public oflBce to be voted for at any election I in this state, who in any manner votes upon any question or issue pending i before or submitted to such caucus or primary meeting, is guilty of a mis- ■ demeanor. It shall be the duty of the clerk of any caucus held under : section 899 of the political code to carefully keep and preserve the record ; of the caucus, which shall include a list of the names of each person j voting at the said caucus for six months, and he shall at any time within j said six months furnish a certified copy of the record of such caucus upon i ELECTION LAWS OF NORTH DAKOTA 309 the request of the chairman of the county or state committee of the political party which said caucus represented. Any person who shall participate directly or indirectly in the election at caucus of more than one delegate or set of delegates for the nomination of each oflBce to be filled shall be giiilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than fifty nor more than two hundred dollars. (R. C. 1905, § 8628; 1885, ch. 28, § 31; 1899, ch. 28, § 7, 8; R. C. 1899, § 6898.) § 9294. POLITICAL CONVENTION, WHO MAY USE PROXY AT. Every person who, at a political convention or a convention of a i)olitical character, called, convened or held within this state, uses or attempts to use the proxy of a delegate sent or elected thereto from a political sub- division designated or recognized as the unit of representation therein, un- less he is an actual resident of such political subdivison, is guilty of a mis- demeanor, and upon conviction thereof, is punishable by a fine of not less than twenty and not exceeding one hundred dollars, or by imprisonment in the county jail not less than ten days and not exceeding one year, or both, at the discretion of the court. (R. C. 1905, § 8629; 1890, ch. 112, § 1 ; R. C. 1895, § 6899.) § 9295. CONTRIBUTIONS FOR POLITICAL PURPOSES PRO- HIBITED. PENALTY. No corporation doing business in this strte shall, directly or indirectly, pay or use, or offer, consent or agree to pay or use any money, property or anything of value for or in aid of any i)olitical party, committee or organization or for or in aid of any cor- poration or association organized or maintained for political puriK)ses. or for or in aid of any candidate for i)olitical office, or for the nomination for such oflice, or for any political purpose whatsoever, or for the reimburse- ment or indemnification of any person for money or property so used or for the purpose of influencing legislation of any kind. Any oflScer, director, stockholder, attorney, agent or representative of any corporation or as- sociation which violates any of the provisions of this chapter, who par- ticipates in, aids, abets or advises or c-onsents to any such violation, and any person who solicits or knowingly receives any money or property in violation of this chapter, shall upon conviction thereof be punished by- imprisonment in the state penitentiary for not more than one year, or a fine of not less than two hundred dollars nor more than five thousand dollars or both such fine and imprisonment, and any officer aiding or al>et- ting in any contribution made in violation of this chapter shall be liable to the company or association for the amount so contributeerson holding any public trust or employment, every willful j omission to perform such duty when no special provisions shall havej been made for the punishment of such delinquency, is punishable as ai misdemeanor. (R. C. 1905, § 8759; Pen. C. 1877, § 216; R. C. 1899, § 7028.) § 9439. COUNTY AUDITOR. NEGLECT TO CANVASS RETURNS.; Every county auditor who willfully refuses or neglects to canvass the^ ELECTION LAWS OF NORTH DAKOTA 311 election returns of his county, or neglects to make proper abstracts thereof and forward the same to the proper oflScer, as is or may hereafter be pro- vided by law, or fails to issue certificates of election to the persons law- fully entitled thereto, is punishable by a fine not exceeding one hundred dollars for each refusal or neglect. (R. C. 1905, § 8766; Pen. C. 1877, § 223; R. C. 1899, § 7035.) § 10076. MUTILATING ELECTION RETURNS. Every messenger appointed by authority of law to receive and carry any report, certificate or certified copy of any statement relating to the result of any election, who willfully mutilates, tears, defaces, obliterates or destroys the same, or does any other act which prevents the delivery of it as required by law, and every person who takes away from such messenger any such re- port, certificate or certified copy, with intent to prevent its delivery, or who willfully does any injury or other acts such as is above specified, is punishable by imprisonment in the penitentiary not exceeding five years and not less than two years. (R. C. 1905, § 9341: Pen. C. 1877, § 716; R. C. 1899, § 7582.) COUNTY WORKHOUSES. § 11318. COUNTY WORKHOUSES, HOW PROVIDED. The board of coimty commissioners of any county shall, whenever they deem it advisable, vote upon the question of providing a workhouse wherein persons confined to the county jail of said county shall be compelled to work at hard labor, and said board of county commissioners shall pre- scribe the kind of work such convicts shall be employed at and furnish the necessary tools and materials. Such vote shall be in all respects conducted by the said board of county commissioners in the regular meeting and according to the provisions of law. (1907, ch. 274, § 1.), § 11319. VOTE ON PROPOSITION. Whenever the county commis- sioners shall have voted to establish such workhouse, then at the next general election, but at no other time, this question shall be submitted to the vote of the people, and the order of the board of county commissioners of such election shall be made at least sixty days before such election is held, and notice of such election shall be given in the same manner and for the same length of time as notices of all general elections. (1907, ch. 274, § 2.) § 11320. BALLOTS, FORM OF. The ballots to be issued at such elections shall be in the following form : For the establishment of work- house." and "against establishment of workhouse." In voting on the question each voter must place at the right of the proposition he favors, the mark "X." If a majority of the ballots cast at such election is for the establishment of such a workhouse, then it shall be the duty of the county commissioners to provide for a workhouse for such county. (1907, ch. 274, § 3.) 312 STATE OF NORTH DAKOTA i Opinions of the Attorney General ; 1. ^ LEGISLATORS HOLDING OTHER OFFICE. \ November 21, 1912. ; Mr. E. C. Waydeman, Anamoose, N. D. \ .1 Dear Sir : j We have yours regarding the election to the state senate of one who is i now county commissioner of McHenry county. You ask if both of these ■ oflSces can be held at the same time. In the absence of any constitutional or statutory provision relative , thereto I would say that these two offices could be held contemporaneous- , ly. I call your attention, however, to section 37 of the constitution which i prohibits a person holding any office of profit under this state from holding office in either branch of the legislative assembly or from be- i coming a member thereof. The county commissionership is a consti- tutional office and is an office of profit. Daley vs. State, 8 Blackford ( Ind. ) 329. And in my opinion, one expecting to qualify as a member of the \ legislature should vacate his office as county commissioner. j Very truly yours, j , C. L. YOUNG, i Asst. Attorney General. ; June 14, 1013. Mr. L. C. Albrecht, Anamoose, N. D. Dear Sir : I am in receipt of your letter under date of June 5th in wliioh you say that you were elected state senator for the fifth legislative district at the general election in November. 1912. That at the time of your election you were also a school director of the Anamoose school district, and that you are at the present time holding both offices. You desire my opinion as to whether or not under the constitution and laws of this state you may hold both of the above named offices. Section 37 of the constitution of this state provides that no judge or clerk of any court, secretary of state, attorney general, register of deeds, sheriff, or person holding any office of profit under this state, except in the militia, or the office of attorney at law, notary public or justice of the peace shall hold any office in either branch of the legislative assembly or become a member thereof. It is clear that a judge or clerk of any court, secretary of state, attorney general or register • OPINIONS OF THE ATTORNEY GENERAL 31^ of deeds, or sheriff, is prohibited from being a member of the legislative assembly. These oflScers are expressly prohibited in said section of the constitution by name. Then follows the further prohibition, "or i)erson holding any oflBce of profit under this state except in the militia, or the office of attorney at law, notary public, or justice of the peace." It is therefore clear that the oflSce of attorney at law, notary public or justice of the peace, is not prohibited from holding the office of a mem* ber of the legislative assembly. But all other persons except those last named who hold any office of profit under this state are within the prohibition of this section of the constitution. The question you submit is therefore narrowed down to whether or not the office of school director for Anamoose school district is an office of profit under the laws of thi& state. If it is not, then you may lawfully hold the same and also be a member of the legislative assembly. If it is, then you may not. The question of what constitutes an office of profit under the laws of the state has frequently been before the courts of last -resort, and it has been held more than once that the amount of the salary or fees received by the officer is not important because when the legislature has fixed the salary the law presumes that although it may be very small it is adequate for the services rendered, and that the controlling question is whethei: under the general laws of this state such officer is required to perform, duties imposed upon him by the general laws of the state, and that some compensation is fixed for his services. The office of school director in this state is created by general laws. See Chapter 266, Laws of 1011. And the duties of school directors are many ; among which are to have general charge, direction and man- agement of the schools of the district, the care, custody and control of all the property belonging to it. To organize and maintain and locate schools within the district. Change and continue the same. To provide fuel and school supplies. To employ and remove teachers. To admit pupils from other districts. To provide branches of study. To levy taxes for school purposes, and for such services the law provides a stated com- pensation, which is small, it is true, but nevertheless the amount having been fixed by the legislature it will be presumed to be adequate. The very question you submit was before the supreme court of the state of Indiana in Chambers vs. State ex rel. Barnard, 26 N. W. Re- porter, pjge 893. In this case the court uses the following language: "It then remains to be determined whether the office of school trustee of an incorporated town is charged with any duties under the laws of this state such as make the office a lucrative one within the meaning of the constitution Our school system is one uniform system throughout the state and the duty to provide for a general system of common schools wherein tuition shall be without chargt. and equally open to all is especially enjoined upon the legislative department of the state by the con- i' stitution. The legislative department could not discharge this duty without all school officers were subject and amenable to the general school laws of the state, and every school officer owes his authority to the statute A^^ we think the office is undoubtedly a lucrative one and that this is as much ' L il4 STATE OF NORTH DAKOTA an office within the meaning of section 9, article 2 of the constitution, as i any statutory office that may be created by statute within any township, j town or city." j I 111 the above case the sole question before the court was whether or ; not the oflBce of school trustees was. a lucrative office. Now, our consti- ; tution uses the language "office of profit" instead of "lucrative office," but i the two are synonymous and mean the same. , I On the authority of this case and others which I will not take the i time to cite, it is my opinion that the office of school direcor for Anamoose j township is an office of profit within the meaning of section 3T of the i constitution, and therefore you may not hold this office and also at the | same time the office of state senator for the State of Norh Dakota. Yours truly, i ANDREW MILLER, Attorney General. j 3. \ Dec. 21, 1915. i Mr. W. C. Gilbreath, Bismarck, N. D. 1 Dear Sir: ! In your letter of the 17th, you ask the opinion of this office as to | whether or not a member of the Senate, who was elected in 1912 and who ; qualified as such in January, 1913, is qualified to receive an appointment from the Governor of this state as a member of the Board of Control under the provisions of Section 39 of the constitution of this state. I have carefully examined the language used iji Section 39 of the ! constitution as well as the debates of the Constitutional Convention of i this state as recorded on page 55 of the Debates of the Constitutional j ConventioK and I have also examined some of the authorities construing ' similar provisions of the constitutions of other states. i Section 39 of the Constitution of North Dakota provides : : ; "No member of the legislative assembly shall, during the term for which he was 1 elected, be appointed or elected to any civil office in the state which shall ; have been created or the emoluments of which shall have been increasd, dur- ing the term for which he was elected; nor shall any member receive any civil appointment from the Governor or the Governor and Senate, during the term for which he shall have been elected." I In construing a similar provision of the constitution, the Supreme i Court of Minnesota, in the case of Barnum vs. Gilman, 27 Minn. 466, i reasons that when the constitution is clearly contravened, it is the im- j perative duty to so hold and while there may have been others holding | offices under similar circumstance, one or more violations of a constitu- i tional provision would furnish no justification for any further violation of j that instrument. It seems to me that the language used in Section 39 of the constitution ] is susceptible of but one construction. The constitution is the fundamental ' law of the state and under the familiar rule of construction, its pro- : OPINIONS OF THE ATTORNEY GENERAL 31S visions^ should be given full force and effect and the rule that nothing should be added and nothing taken away from its meaning arises to a very high degree of significance when dealing with constitutional ques- tions. I am, therefore, of the opinion that the appointment of the member of the legislature you mention is entirely void and in contravention of Section 39 of the constitution of this state. Yours very truly, HENRY J. LINDE, Attorney (General. 4. TERM OF COUNTY TREASURER AND SHERIFF. March 24, 1910. George H. Stone, State's Attorney, Mott, N. D. Dear Sir: I have your favor under date of March 19th, in which you advise that the present sheriff of Hettinger County was appointed by Governor Burke on April 17th, 1907; that he served that term and was elected in the fall of 1908 for another term which expires January next; that the county treasurer was appointed by the board of county commissioners on January 1st, 1908, to fill a vacancy; that he served the balance of that term, and was, in the fall of 1908, elected to succeed himself and is now serving said term which will expire January 1st; and asking whether or not in my opinion said oflficers are eligible for re-election to succeed themselves, at the coming primary. The term for which a county oflBcer is elected is two years. In my judgment a person in order to be eligible for an oflBce, must be at the time of his election, eligible under the law to serve the term for which he is elected. Section 173 of the constitution provides that a county sheriff or treasurer may not hold the oflSce for more than four successive years. Section 2385 of the Revised Code of 1905 limits the eligibility of such oflScers for said offices to two successive terms. This section does not specifically declare an appointment to fill a vacancy to be a term within the meaning of that statute, but in my judgment it must be so construed, because there is no provision made for an election for a portion of a term. Under the law, when elected, an officer holds his office for two years and until his successor is elected and qualified. This the officers you mention could not do under the jhto- vision of section 173 of the constitution. Yours very truly, ANDREW MILLER, Attorney General. 316 STATE OF NORTH DAKOTA 5. . November 21. 1912. Mr. Fordyce C. Bastwold, Attorney at Law, Steele, N. D. Dear Sir: We have yours calling attention to chapter 197, Session Laws of 1911^ providing that the county treasurer shall take office on or about the first Monday of May next succeeding his election or within ten days there- after, and on said first Monday of May, or within ten days thereafter, enter upon the discharge of the duties of his office, and asking if the present incumbent holds his office until his successor qualifies, or if a vacancy will exist between the first Monday in January, and the first Monday in May, which must be filled by the county commissioners. This question must be answered in the light of section 173 of our constitution, providing that the treasurer of any county shall not hold office for more than four years in succession. As the Constitution does not prescribe the beginning or the end of the term of office of county officers, but merely the duration thereof, I think it is beyond question that the legislature may determine the date of beginning of such terms. Having this power, it, of course, may make any changes in the date of the begin- ning of a term of office that may seem promotive of the public good. It was therefore acting within the scope of its power when the beginning of the terni of officte of county treasurer was changed to the first Monday of May instead of the first Monday of January, and under the statute above mentioned it is clear that the county treasurer elected at the recent election cannot assume the duties of his office until the first Monday in May, 1913 ,or within ten days thereafter. "Uliether the present incumbent of the county treasurer's office shnll hold office until that time will depend in the first instance upon the length of the period which he has served. If the present incumbent is now serving his first term. I l)elieve thnt he will under section 173 of tho Ton- stitution, be entitled to hold the office until such time as his elected successor shall qualify. If, however, the present incumbent is now holding his second two year term, the question arises whether, even under the constitutional pro- vision authorizing an incumbent in the treasurer's office to hold office until his successor is elected and qualified, he may hold over until the qualifi- cation of his successor, in view of the provision restricting the tenure of office to four years in succession. This question was considered by the siipr^m^ court' of Indiana in bosmafn vs. The StMte, 106 tnd. 203. in- volvivig the right of a county clerk to hold over after serving eiglit con- secutive yerirs, the constitution of that state providing that sucli officer should be ineligible to that office more than eight ye-^rs out of a period of twelve years, and further, that an officer holding his office for a given term shall. hold it until his successor shall have been elected and quali- fied. In that case the board of county commissioners had assumed that OPINIONS OF THE ATTORNEY GENERAL 317 a vacancy had occurred by reason of the expiration of the clerk's second consecutive term which marked the expiration of the consecutiye years in that office, and had appointed another to fill the vacancy. The court held that when the clerk had served for eight consecutive years, the con- stitutional disability attached to him and he was disqualified from hold- ing office longer, and as there was no person qualified to hold the term for which he has been elected, the office became vacant. As to this phase of the question it is said "The conclusion is, that when the period of ineligibility was reached by the appellant, there was, as between him and the appointing power, an absolute determination of his right to the office. Although from public necessity and to prevent mischief, he might have remained, as to strangers, an ofEcer de facto, the office as to the officer himself, was void," Harbaugh vs. Winsor, 38 Mo. 327; Shelby vs. Alcorn, 36 Miss. 273; 72 Am. Dec. 169, and note. This rule is adopted and approved by Mechem on Public Officers, Sec- tion 398. I am therefore of the opinion that as between the office and the treasurer himself, the office of county treasurer will become vacant at the expiration of a four year term, but that in view of the other constitu- tional provision that an officer shall hold until his successor is qualified, he may, even though he has served four full years, continue to hold office until his successor does qualify, under chapter 197, Laws of 1911, ot until a vacancy is declared to exist by the board of county commis- sioners, and a duly qualified successor is ready to assume the duties of the office. In this behalf I call your attention to State vs. Compson, 34 Oregon 25, where the court considering a question involving two consti- tutional provisions similar to those provisions of our constitution which are here discussing, says: "The law seems to be settled that where the duration of an official term is limited by the constitution, the office becomes vacant at the expiration of that term, even though the legislature has provided that the incumbent shall hold until his successor is duly qualified: 19 Am. & Eng. Ency. Law (1 ed.) 433; State v. Howe, 25 Ohio 588 (18 Am. Rep. 321); State ex rel. vs. Bfewster, 44 O. 589 (9 N. E. 849). But when the constitution in one clause inhibits the legislature from creating an office the tenure of which shall be longer than a specified number of years and in another provides that such officer shall hold until his successor is qualified, the two provisions are to be read and inter- preted together, and the result is that the legrislature is inhibited from creat- ing an office the tenure of which shall be for a longer period than the time specified in the constitution; but if, at the expiration of that period, no suc- cessor has been elected and qualified, the incumbent holds over by the para- mount right of tenure which the constitution supplies, until he is super- seded by a qualified successor, appointed or elected under some provision of law, and a failure of the particular authority to elect his successor does not create a vacancy in the office; State ex rel. v. Harrison, 113 Ind. 434 (3 Am. St. Rep. 663; 16 N. E. 384.)" If then, the county commissioners of any county desire to declare the office of treasurer vacant upon the expiration of four years of service 318 STATE OF NORTH DAKOTA therein by the present incumbent, I believe that the board may do so and fill the office by appointment until the first Monday in May of the next year, but that if the oflSce is not declared vacant, the county treas- urer will continue to hold it, and will, as to the public, be a de facto oflScer until his successor is duly qualified. Very truly yours, ANDREW MILLER, Attorney General. 6. December 12, 1914. Mr. H. C. DePuy, State's Attorney, Grafton, N. D. Dear Sir: We are in receipt of your favor of December 10th in regard to the Question as to whether a vacancy will exist in the ofl3ce of county treas- urer after January 6th in cases where the present incumbent has served four years. We know of no action being started to test this question. After very mature deliberation this office has decided that the four years limitation is absolute, and that a vacancy exists after January 6th under the con- ditions specified in your letter. Yours very truly, W. P. COSTELLO, Asst. Attorney General. 7. January 5, 1915. Mr. Joseph Morrison, Drayton, N. D. Dear Sir: ] I beg to acknowledge receipt of your letter of the 2nd in which you j inquire : ; 1. Whether or not a county treasurer elected in 1910 and reelected j in 1912 is prohibited from holding the office subsequent to January, 1915, , by reason of the constitutional provision limiting the term of the county ! treasurer to four years in succession. ' 2. Whether or not if the treasurer can legally hold over, he is re- j quired to furnish an additional bond for the period during which he may ' hold over as such officer. j This office has heretofore held that the constitutional limitation is ■ applicable to a case like yours, and it is my opinion that the county treasurer cannot hold the office for more than four years in succession, ' but that it would not be illegal for him to hold the office until the first ; Monday in May, if the office is not declared vacant. If the county com- - missioners of your county desire to declare the office of treasurer vacant ] upon the expiration of four years of service therein, by the present i treasurer, it is my opinion that the board may do so and fill the office by \ appointment until the first. Monday in May of this year, but if the office ) OPINIONS OF THE ATTORNEY GENERAL 319 is not SO declaretl vacant by the board of comity commissioners, the county treasurer will and can continue to hold the oflBce as a de facto oflBcer until his successor has duly qualified, as provided by law. In respect to the matter of additional bond, however, it is my opinion that if the treasurer hold over, as above indicated, until his successor qualifies in the month of May, he must furnish an additional bond for that period, unless the bond by its language would cover the period up to the first Monday in May. If your treasurer qualified in May, 1913, and gave the usual bond at that time, I assume, of course, that the bond would not expire until May, 1915 ; in which case no additional bond would be required. If you should be interested in any authorities affecting this question I refer you to State v. Compston, 34 Ore. 25 ; 19 Am. & Eng. Enc. of Law, 1st ed. 433; State v. Howe, 25 O. St. 588; State ex rel. v. Brewster, 44 Ohio St. 589 ; State ex rel vs. Harrison, 3 Am. SL Rep. 663. Yours very truly, HENRY J. LINDE, Attorney General. 8. December 8, 1916. Mr. Edward Mauch, McClusky, N. D. Dear Sir: The Attorney General has requested me to answer your recent letter asking for a construction of section 3259 of the 1913 Compiled Laws, with special reference to whether or not you, as treasurer, elect, and before the commencement of your term, could accept an appointment to fill a vacancy and still be eligible to two elective terms. In answer to your question, I would call your particular attention to section 173 of the Constitution wherein it is provided that the sheriff and treasurer of any county shall not hold their respective oflBces for more than four years in succession. Accordingly, if you would accept an appointment to fill a vacancy at this time, you would not be eligible in my opinion, for re-election. Yours truly, H. R. BITZING, Assistant Attorney General. 9. May 14, 1918. Hon. W. J. Johnson, Sheriff, Slope County, Amidon, N. Dak. Dear Mr. Johnson : I am in receipt of your favor of May 8th and in reply to the same I beg to advise as follows : I have heretofore rendered an opinion that Section 3259 of the Com- piled Laws of 1913 does not apply where a sheriff was appointed for 320 STATE OF NORTH DAKOTA one term and was elected for another, so as to prelude him from running ; for election for another successive term. There is a constitutional pro- i vision, Section 173, which provides that, "The Sheriff and Treasurer of any County shall not hold j their respective oflBces for more than four years in succession." j Mr. Bronson did render an opinion holding that this constitutional i provision applies to the sheriff or county treasurer, whether elected or ' appointed, and his opinion was given without referring to my former : opinion, he not knowing that I had theretofore given such an opinion. , With reference to Section 173 of the Constitution, I have construed j the same as referring only to elections and not to terms where an ap- j pointment has been made. Mr. Bronson is of the opinion that it applies j to every term, whether elected or appointed. In view of the circum- I stances, and in my opinion, I hold, under my construction of Section J S259, C. L. 1913 and Section 173 of our Constitution, that the sheriffs and county treasurer are eligible for election at two successive terms, j even though they may have theretofore filled by appointment a term of j office as such sheriff or treasurer. There may be some question about this, as our Supreme Court does j not seem to have passed upon the express point ; nevertheless, this is my opinion. • Very truly yours, WILLIAM LANGBR, \ Attorney General. i ADOPTION OF NEW CONSTITUTION. ! i Gov. Lynn J. Frazier, State Capitol, Bismarck, North Dakota. Honorable Sir: I have your request, under date of January 13, 1917, for an opinion ■ as to the legality of House Bill No. 44. This is a Concurrent Resolution, J embodying a new or revised Constitution and composed of over two hundred ] different sections, besides a ''Schedule'' which provides, among other J things, that the proposed Constitution shall be submitted to the people 1 for adoption or rejection at a special election to be held on the last ' Wednesday in June, 1917. ; In giving this opinion I shall confine myself to the single question of j the legality of the method or procedure by which this revision is sought ^ to be brought about, and shall make no comment upon the wisdom or ' expediency of such method or upon the substance of particular sections contained in such resolution. At first glance and in the light of methods or reasoning applicable i to ordinary statutory and constitutional questions, it might seem that ^ the proposed method of revision is iUegal, but when viewed in its true light — * that of the fundamental principles of our government and of the people's j OPINIONS OF THE ATTORNEY GENERAL 321 sovereignty — in my opinion, formed after carefully briefing the strongest objections to it. the proposed method of revision is clearly constitutional and the arguments in favor of its legality unanswerable. An examination of our State and Federal Constitution shows that no procedure for revision or for the adoption of a new State Constitu- tion, as an organic, is provided for. The Constitution of North Dakota, Section 2, however, does contain the following declaration : "All political power is inherent in the people. Government is instituted for the protection, security and benefit of the people; and they have the right to alter or reform the same whenever the public good may require." Moreover, in our system of government, constitutions derive their power from the people, not the people from constitutions. The rights and powers of the people existed before a constitution was formed. In other words, before the establishment of a constitution, the people possessed sovereign power. That power they still possess, except in so far as they may have delegated it to State or National Governments, or have voluntarily re- stricted themselves in its exercise under their constitutions. In determ- ining what portion of the sovereign power the people have temjwrarily parted with under their constitutions, the rule is clear, namely, that the people have delegated no sovereign jwwer unless such delegation of power is set forth in express terms. In the United States, out of their original sovereign power, the people have carved, first, the Federal Constitution, with its delegation of power to the National Government, and second, the State Constitutions, with their delegations of power to the various state governments. Neither National nor State Governments have any powers except such as are conferred upon them directly, nor are the people restricted in the exercise of their sovereignty, except as they have expressly laid down restrictions in the Federal and State Constitution. Many of our states have adopted express methods of revising their constitutions through constitutional conventions. However, for genera- tions, many states had no express method of revision, and at least a dozen states. North Dakota being among them, have none today. However, in view of the admitted theory of the people's sovereignty it is universally agreed that the people of a state do have the inherent power to revise their constitutions, that is, to adopt a new and complete organic law, even though no special method for the exercise of such power is prescribed in the existing constitution. The power of revision being thus conceded on all sides, the question then arises as to how states without any express method of revision could in the past, or can today, proceed to revise their constitutions. 322 STATE OF NORTH DAKOTA i , : ! i The answer fo this question is that t\}e people of such states, being I without practical facilities to convene as a body and initiate new con- \ stitutions themselves, have in their legislatures, instruments through i which the initiative may be taken to bring before the people, for ratifi- ; cation or rejection, new and revised constitutions. This practice is in- j evitable, and is founded upon the broad right of the people to retain their I inherent power of revision unstifled by a mere lack of express methods '< of procedure for revision. : In initiating revision and in setting in motion machinery by which j revision are placed before the people so that they may act upon them in i their sovereign capacity, it is conceded on all sides that legislatures do , not act in a strictly legislative capacity, but are of necessity for the time i being mere instruments for setting in motion the sovereign power of the ' Ijeople. i This right of the legislature is conceded by every authority on con- \ stitutional law, upon the simple ground of necessity. The sovereign \ power by the people works to that extent through the legislature, as the ; human body breathes through the mouth or nostrils for the reason that no i other method of breathing is provided by nature. Thus far authorities are in harmony and there is no ground for dispute. Bearing these facts in mind: 1. That the people, in the absence of express provisions as to proce- dure in their constitutions, nevertheless, have the right of revision, and " 2. That the initial step to start the sovereign power in motion must i under circumstances be taken by state legislatures, the question further ' narrows down to the particular method which a state legislature must ! pursue in initiating a revision. ^ This, in my opinion, brings us to the crucial point of the entire ! question. j In cases where constitutions contain no express provision for prooe- 1 dure and no express restriction on procedure, and where it is conceded that ■ the people have the power to revise their constitutions, as well as that | the legislature must initiate such revision by one method or another. IN t MY OPINION ANT METHOD FOLLOWED BY THE LEGISLATITRE IN PLACING BEFORE THE PEOPLE A NEW CONSTTTT^TON FOR ADOP- | TION OR REJECTION IN THEIR SOVEREIGN CAPACITY IS LEGAL, i Any other conclusion is a denial of the sovereign power of the people or a ; partial restriction of that power utterly unwarranted by our Constitution, ^nd ; accepted rules of constitutional interpretation. It would be in direct i contravention of our American theory that popular sovereignty is re- i stricted in the exercise of its powers only by express written prohibitions j contained in constitutions, as set forth in the first section of this opinion, i OPINIONS OF THE ATTORNEY GENERAL 323 The truth is that the argument in favor of revision by constitu- tional convention as opposed to revision by commission or legislative action is not an argument of legality, but solely of expediency. The i)ossible greater expediency or wisdom of the convention method has been mistaken by its advocates for exclusive legality. Dodd, in his authoritative work, the Revision and Amendment of State Constitutions, page 261, has stated this point clearly and con- clusively : "Judge Jameson has said as to the legislative method of proposing amend- ments: 'It ought to be confined, it is believed, to changes which are few, simple, independent, and of comparatively small importance. For a general revision of a Constitution, or even for single propositions involving radical changes as to the policy of which the popular mind has not been informed by prior dis- cussion, the employment of this mode is impracticable, or of doubtful exped- iency.' Judge Jameson's point is purely one as to expedience, and it is legally proper, it would seem, in the absence of specific constitutional restrictions, to propose to the people by the legislative process any constitutional alteration short of a complete revision, or even complete revision." , The real merit of revision by convention over legislative revision ap- pears to lie in the fact that the constitutional convention, elected solely upon the issue of revision, is likely to be more carefully selected, to con- tain a greater number of men specially fitted for the task and to approach its task with greater deliberation and more concentrated energy. This may all be true. The same consideration probably will hold good in con- nection with revision by a commission appointed by the legislature, and yet all these considerations merely go to the expediency of the method, not to its legality. WTien once we concede that the legislature has authority to set in motion this great sovereign power of the people by initiating revision, then, upon the mere ground of reasoning by implication and without written authority, who are we to say the sovereignty of the people shall from thence on be exercised only in one certain narrow way? We may say that it is inadvisable, that it is unwise, that it is inexpedient, for it to be exercised in that manner. BUT WE ARE UNABLE IN THE LIGHT OF AMERICAN INSTITUTIONS. TO SAY THAT IT CANNOT BE SO EXERCISED. The sovereign power of revision having reached the threshold of the legislature without express written authority and solely by its ir- resistible right to expression what mysterious power can then, without vestige of authority, assume the right to bridle it and lead it tamely down the narrow, though highly respectable avenue of revision by convention? Any other conclusion as to the rule under our constitution must wrongfully seek by mere implication to restrict the sovereign power of revision to the narrow channel of constitutional conventions. The ground for conceding to the legislature the right to initiate revision is the 324 STATE OF NORTH DAKOTA compelling power of necessity, no other method being provided. No \ such necessity exists to restrict the sovereign power as to any par- j ticular method of revision through the initiative or the legislature, i In fact, such a restriction would rest upon the most doubtful reasoning (as to legally distinguished from expediency). Opposed to it would • he the inherent right of the people to secure the freest possible ex- pression of their sovereign power. Under these circumstances, and, in \ the absence of any written restriction to the contrary, every presumption of legality is in favor of whatever method the legislature may adopt \ and such method will prevail. It is urged, that since our Constitution provides a method of amend- ' ment. by exclusion the Legislature is prohibited from initiating a revision , itself by drafting a new Constitution. This argument is untenable when ; dealing with sovereignty of the people seeking expression through revision. ! It is an instance where the ordinary doctrine of exclusion, applicable to i contracts is not binding. Moreover, if such an argument were applicable to legislative revision it would be equally applicable to revision by con- \ vention, and on that subject our own Supreme Court, in 68 N. W. 421 J (N. D.), has said: | I "The decided weight of authority and the more numerous precedents are arrayed on the side of the doctrine which supports the existence of this in- herent legislative power to call a constitutional convention, notwithstanding - the fact that the instrument itself points out how it may be amended." , A revised constitution, in the sense applicable to this question, is j a constitution, altered in part or changed completely, but in form a com- ' plete document and to be submitted as a whole and standing or falling \ as a whole. Amendments relate to particular sections, and are sub- mitted as such to be voted upon separately. It is the submission of a 1 document as an organic whole which distinguishes a revised and new I constitution from mere amendments. | In connection with this I will also say that the case of Ellingham ; vs. Dye, 99 N. E. 1, apparently opposed to the legality of legislative I revision, is clearly not applicable to the situation in this State, owing j to an unusual and perhaps, entirely unique occurrence in the history of Indiana when the provisions for revision contained in the Indiana constitution up to 1851 were then stricken out with the express inten- tion that NEVER AGAIN WOULD THE INDIANA CONSTITUTION . BE REVISED BUT ONLY CHANGED BY AMENDMENT. \ In the future the people of North Dakota may decide that this method of legislative revision is unwise, inexi)edient, or overhasty. i Speaking through their sovereign power under the Constitution, the people may prohibit this method of revision. With that side of the j question, in this opinion, I have no concern and hence made no com- | ment thereon. I merely state my conclusion as to the bald legal right \ OPINIONS OF THE ATTORNEY GENERAL 325 to revise the Constitution by this method under our institutions as they exist today. As yet the people of North Dakota have not seen fit to prohibit this method of legislative revision. Hence, I am of the opinion that the method of revision proposed in House Bill No. 44 is legal. If there is any doubt about the matter it is resolved in favor of the legality of the method proposed, by a principle of supreme and con- trolling force, a principle which has been set out by Jameson, the great authority upon constitutional questions. "But in practice, where doubt arises, and there is nothing to indicate decisively the intention of those who framed the instrument, perhaps the people, assuming to exercise power under one construction, rather than an- other, should be given the benefit of the doubt. It is questionable policy to attempt, by abstract rules of law in doubtful cases, to prevent or to control great organic movements of the people." Jameson Con. Con., page 603. Respectfully, D. V. BRENNAN, Assistant Attorney General. Submitted with my full approval. WILLIAM LANGER, Attorney General 11. REFERENDUM PETITIONS. June 4, 1915. Hon. Thos. Hall. Secretary of State, Bismarck, N. D. Dear Sir : You write tlie Attorney General asking whether or not you, as Secretary of State, can accept and file referendum petitions which are deposited in the mails of this state on the ninetieth day after the final adjournment of the Legislature or which Express Companies receipted for on such ninetieth day for delivery to your ofiice. In reply thereto I would refer you to the language of the so-called Initiative and Referendum amendment to our Constitution, which reads a& follows : '•Referendum petitions against measures passed by the Legislative As- sembly 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 measure on which referendum is demanded." It is my opinion that the above language specifically requires that such: petitions must be delivered to and received by the Secretary of State on or before the ninetieth day after the adjournment of the Legislature. You cannot file such petitions until they are received by you and the Consti- tution says that such i)etitions shall be "filed with the Secretary of State not more than ninety days, etc." I must, therefore, advise you that any referendum petitions which: may be received by your ofiice after the ninetieth day must not be filed,. 326 STATE OF NORTH DAKOTA regardless of the date of postmark on the envelopes in which they were sent. The Attorney General concurs in this opinion. Yours truly, H. R. BITZING, Assistant Attorney General. 12. ELIGIBILITY OF CANDIDATES. November .14, 1912. The question presented is, as to whether or not said Cass may, sub- sequent to his election and previous to the date upon which he will be required to qualify, become admitted to the bar in this state, and in such case, whether he will then be allowed to qualify and assume the duties of the office of state's attorney. This leads to a consideration of the question as to whether or not a candidate for oflBce must be eligible to hold the oflSce to which he aspires at the time of his elec- tion, or whether subsequent to his election, in case he is not qualified at the time of such election, he may become qualified and will then be permitted to hold office. A thorough consideration of the authorities upon this point leads me to the conclusion that a person in order to be duly elected to an oflSce must be eligible to hold such oflSce at the time of his election, and that unless he is eligible at such time, the election is a nullity, and he may not subsequent thereto, become qualified and thereby en- titled to hold the office. Further considering my first proposition, the rule is laid down by our own supreme court as follows : "A person who is ineligible to hold a public office can not be elected thereto and his election is a nullity, and the word "elected" as used in subdivision 764, Revised Codes 1905, signifies an election of a qualified successor to the incumbent." Jenness vs. Clark, 21 N. D. 150. The rule laid down by our court is supported by an overwhelming weight of authority. See Sheridan vs. City of St. Louis, Am. & Eng. Annot. Cases, vol. 2, p. 480, and cases cited. *♦*♦♦**♦♦*♦♦ Very truly yours, W. P. COSTELLO, Assistant Attorney General. 13. May 1, 1914. Mr, C. W. Burnham, County Auditor, Carrington, X. D. Dear Sir: Your letter to the attorney general received in which you state that OPINIONS OF THE ATTORNEY GENERAL 327 you have a candidate for county oflBce who contemplates moving from one precinct to another within ninety days preceding the primary elec- tion and which will result in losing his vote; that 'he has all the other requisite qualifications of a voter and ask if the fact that he cannot vote at the primary election will affect in any way the validity of his candidacy. In my opinion it will not. The fact that he moves from one pre- cinct to another will not prevent him from being a candidate. Very truly yours, JOHN CARMODY, Assistant Attorney General. 14. March 4, 1912. Hon. F. O. Hellstrom, Warden of Penitentiary, Bismarck, N. D. Dear Sir: We have your favor of March 2d, 1912, calling our attention to sec- tion 33 of Chapter 61. Laws of 1911. You further state that some of the papers have been taking the stand that under the Board of Con- trol Law the Warden of the Penitentiary is prohibited from running for office. In my opinion the section to which you refer does not prohibit the Warden from being a candidate for office. This section is divided into two parts. The second part only is germane to your inquiry. I am satisfied that the term therein used, namelj' : "particular person or candidate for office," and "any person," means a third person and not the candidate himself. That is, you could not favor any other person or contribute money or aid him in seeking an election, but it does not prevent yourself from seeking an office. Very truly yours, ALFRED ZUGBR. Assistant Attorney (Jeneral. 15. VACANCIES. August 24, 1915. Mr. A. R. Middlemas, Flasher. N. D. Dear Sir: You write the Attorney General stating that in your village of Flasher one of the aldermen of your village has removed his residence from the ward from which he was elected to another ward in the city and you ask if he can legally continue to represent the ward from which he was elected. '328 STATE OF NORTH DAKOTA Replying thereto will state, that our statute upon the disqualification of public officers, which is Section 683 of the 1913 Compiled Laws, states among other things that every office shall become vacant when the of- ficer ceases to become a resident of the state, district, county or town- ship in which the duties of his office are to be discharged or for which he may be elected. While this section has not been construed in the North Dakota Courts to my knowledge, yet, similar sections have been construed in other states. In South Dakota they have a similar statute and a case w^here a county commissioner was elected from one district in the county and later changed his residence to another commissioner's district and an action involving the question as to whether or not he had vacated the office by his move, the court of South Dakota held that the word "dis- trict" in the statute embraced more than one county and that a county commissioner would not disqualify himself by removing to a different commissioner's district than that from which he was elected within the same county. Gray vs. Board of County Commissioners of Beadle County et al, 110 N. W. 36. Reasoning from the above cases, I would say that in the case which you have cited to me that the alderman would not vacate his oflico by reason of moving from one w^ard to the other in the same village. My opinion, therefore, is that the alderman is still qualified to repre- sent the ward from which he was elected until the term of his office expires. I would also cite you the case of State vs. Craig, 132 Indiana 54. Yours truly, H. R. BITZINCx, Assistant Attorney General. 16. NOMINATING PETITIONS. March 24, 1910. Mr. Frederick Davis, Superintendent of Schools, Hetthiger. N. D. Dear Sir: You ask, in a recent letter, if a person who is not a voter at the primaries, but who, between the date of the primaries and the date of the general election, legally becomes a voter, may become a candidate at the primaries. By section 4, of chapter 109, Session Laws of 1907, it is, among other things, provided that candidates for county offices shall accom- pany the petition which is required to be filed before the primaries, with an affidavit such as is provided in section 3 of said act. OPINIONS OF THE ATTORNEY GENERAL 329 The affidavit referred to is to ttie effect that the affiant resides in the county named, in this state; that he is a qualified voter therein; that he is a candidate for nomination to the office named, to be chosen at the primary election to be held on the date named, and includes u request that the name of affiant be printed upon the primary election ballot. These provisions taken together would dispose of your question in the negative, were it not for the fact that the effect of such an affi- davit has been ruled upon by the supreme court of this state. Section 211 of the constitution of this state, after prescribing the form of the oath of office for various offices, declares that "no other oath, declaration or test shall be required as a qualification for any office or public trust." In the case of State vs. Blaisdell, 118 N. W. 141, the supreme court held that the pledge required of members of the legislature by the pri- mary law violates the section of the constitution above referred to, in that it requires an additional test in contravention thereof. The affidavit required of candidates for other offices is in principle the same as the pledge required of members of the legislature. We therefore take the view that a person may become a candidate at the primaries without making such an affidavit as that to which you refer. Further than this the weight of authority is to the effect that it cannot be required of a candidate for office that he be eligible to the office before the general election, and some cases ven go so far as to hold that it is sufficient if a person is eligible before the duties of the office must ])e a.ssumed, even though he was not eligible at the time of his election. In the light of these decisions on these two propositions it is our conclusion that a person may be a candidate for nomination to an office at the primaries although not at that time an elector in this state. Very truly yours, ANDREW MILLER. Attorney General. 17. Mr. C. W. Burnham, Carrington, N. D. Dear Sir: We have your letter stating that you received a petition from a candidate for county office after four o'clock, on the 28th of May. the petition having been sent by registered mail on the 27th of Muy. Yon ask if you may receive the petition, file it and place the candidate's name upon the primary election ballot. 330 STATE OF NORTH DAKOTA The law provides that the candidates ''shall present to the county auditor a petition," etc. From the whole act it seems to me that it is apparent that the word "present" is equivalent to the word "file", and a paper is considered filed only when it is delivered to the proper oflBcer and by him received, to be kept on file. Leaving out of the question the suflSciency of delivery to the i)ostofl3ce as a delivery to the addressee, it is nevertheless a fact that you did not receive the petition and accept it and file it prior to four o'clock on the 28th day of May, which was the last day for accepting and filing petitions. I am satisfied that the candidate you mention is too late with his petition to be entitled to have it filed and to have his name placed on the ballot as a candidate for office. This is the practical construction which has been given the act from its enactment by the various oflScers charged with filing peti- tions, and I believe that their construction is the sensible one, and correct. Very truly yours, C. L. YOUNG, Assistant Attorney General. 18. June 2, 1910. Mr. Paul S. Meyer, County Auditor. Washburn. X. D. Dear Sir: In reply to your favor under date of May 31st, requesting my opinion as to whether or not under section 4, chapter 109, Laws of 1907, can- didates' petitions must have attached thereto the affidavit provided in sectipn 3 of said act, and whether you should file such petitions as have been presented to you for filing which do not contain such affidavit, 1 think you should file the same. In my opinion the affidavit is unnec- essary. I understand, of course, that the act of law itself provides for this affidavit, but the supreme court has already passed on that question and held that the affidavit part of it is unconstitutional and void. The supreme court of other states have held the same way on the same question. Therefore I advise that you accept and file the petition. Very truly yours, ANDREW MILLER, ' Attorney General. 19. February 15, 1909. Mr. I. W. Healy, Bismarck, N. D. Dear Sir: Answering your favor under date of February 13th. I do not know of any court decision expressly authorizing county auditors to refund OPINIONS OF THE ATTORNEY GENERAL 131 fees collected from candidates, but I am of the opinion that the law, in so far as it provides for the payment of fees of candidates, is unconstitu- tional. The Secretary of State did not collect from state candidates. Attorney General McCue rendered a written opinion holding that part of the law unconstitutional. I am inclined to believe that the proper method by which the refunds should be made would be on resolution by the county commissioners. Yours very truly, ANDREW MILLER. Attorney (xeneral. 20. January 26, 1911. Mr. Henry Sagehorn, County Auditor, Stanton, N. D. Dear Sir : In respect to section 4, Chapter 109, Laws of 1907, pro- viding for the collection of fess from candidates in the primary election, it is my judgment that the law under which you collected those fees is unconstitutional. A similar law has already been declared unconstitutional ' by the supreme court of this state, and the identical law has been held unconstitutional by Judge Templeton at Grand Forks. No fees were col- lected from state oflBcers, on my advice. In my judgment, the fees should be returned to the parties from whom collections were made. I Very truly yours, ANDREW MILLER, Attorney General. 21. May 7, 1912. Mr. George Duncan, Clerk of Court, Minnewaukan, N. D. Dear Sir: Replying to yours of the 6th inst., I beg to advise that in my opinion ; it is suflBcient if one fifth of the precincts in the district or county in which a candidate aspires to oflSce, are represented on the petition, and for that purpose I see no reason why one name from each precinct should not be suflBcient to give such precinct the necessary representa- tion on the petition. In the absence of explicit language to the con- j trary, I see no reason for holding that more than one name from each precinct should appear on the petition which is filed with the county auditor. Very truly yours, C. L. YOUNG, . Assistant Attorney GreneraL 332 STATE OF NORTH DAKOTA 22. April 1, 1914. Hon. T. H. Burke, State's Attorney, Minnewaukan, N. D. Dear Sir: The attorney general is in receipt of your favor of March 26th in which you ask for an opinion relative to the number of signers to peti- tion for candidate for a county oflBce upon the socialist ticket. You say there were no socialist votes cast or a socialist candidate in the last election for any county office in your county. This question is a very difficult one to answer, and the statute, sec- tion 4 of chapter 213 of the Laws of 1911, does not throw much light on it. Section 4, supra, requires the petition to contain the names of five per cent of the total vote cast for the candidate of the party which he represents, for the same position at the last general election. It is provided, however, that in no case shall there be more than two hun- dred names. It seems to us that a candidate of this party would better procure two hundred names. Under this statute there seems to be no basis on which to figure the number of signers required. You can not figure five per cent of the votes of the candidate who had no votes and where there was no candidate and no votes cast for him at the last election. If the candidate of this party desiring to go upon the ballot is not satisfied or cannot get two hundred names, we can only suggest that he bring an action if there is any basis for any and have the court deter- mine what had better be done. Yours truly, ALFRED ZUGER, Asst. Attorney General. 23. May 1. 1914. Miss Alameda Lee, Mohall, N. D. Dear Madam : ************* Section 18 of chapter 266, of the Session Laws of 1907, prescribes the qualifications necessary for the office of county superiiitendent of schools. The candidate must be at least twenty-one years old, and in my opinion should have two hundred names on his petition in order to get on the official primary ballot. Yours very truly .JOHN CARMODY. Asst. Attornev General. OPINIONS OF THE ATTORNEY GENERAL 333 24. June 15, 1910. Mr. John A. Layne, State's Attorney, Fessenden, N. D. Dear Sir: In the absence of the Attorney General I will answer your letter of the 13th relative to the construction of section 5 of the primary elec- tion law. We have had this same matter presented to the oflBce and ruled on it just as you have done ; that is, we held that to fill a vacancy it is necessary to file an aflfidavit subscribed by the five electors, a peti- tion as required by section 3 and 4, and the written consent of the per- son to be nominated. We believe that the feature of the law providing for payment of the fee is unconstitutional. We have had numerous inquiries regarding the law, but have in no instance had anyone question the construction of the provisions you mention. I believe that the law is quite clear as regards this provision, and that your construction is correct. Very truly yours, C. L. YOUNG, Asst Attorney GeneraL 25. June 8, 1910. Mr. Andrew Blewett, County Auditor, Jamestown, N. D. Dear Sir: We have yours stating that certain petitions have been presented to you under the provisions of section 5 of the primary election law. These are petitions to fill vacancies on the democratic ticket, and as we under- stand, are accompanied with the application of five qualified electors that the names of the persons mentioned in the petitions be placed upon the primary election ballot. You ask if the signature of the candidate under the heading to the petition constitutes a suflScient consent to comply with the provisions of that section. If I understand your statement of facts correctly, such signature under the heading, if it is in the usual form, in my judgment constitutes such written consent as is contemplated by section 5. While it may not be such a formal written consent as one would ordinarily draw, it is undoubtedly sufficient to show that the person signing the same in fact does consent to become a candidate for the office named. Election laws are liberally construed by the courts, so that the purposes for which they are enacted may be secured, although the laws may not be tech- 334 STATE OF NORTH DAKOTA nically followed. So long as there is no gross or flagrant variance from the letter of the law, proceedings under it will be upheld. Trusting that I have understood your statement of the facts cor- rectly, and that this letter will answer your question, I am. Very truly yours, C. L. YOUNG, Asst. Attorney General. 26. : October 9, 1916. • i Mr. John K. Snyder, County Auditor, Linton, N. D. Dear Sir: ; Your letter of the 5th has been referred to me for answer. You state] that two persons were duly nominated at the Primaries for the office of | Superintendent of Schools of your county and that you have been in- formed that one of the candidates so nominated will withdraw. You ask, first, whether by such withdrawal a vacancy will occur and ■ if so how the same shall be filled. This matter is one of considerable doubt and I confess that I am not ■ altogether clear on the proposition ; but, after considerable thought on the : subject I have concluded that no vacancy would occur by such with- ' drawal for the reasons that while the statute permits the nomination '. of two persons it does not necessarily require such number. j Moreover, I will state that if such withdrawal should cause a vacancy j I am not at all certain as to how this may be filled. Clearly the party j managers cannot fill it as in other instances for the reason that this ; oflBce is now made Nonpartisan, and I have grave doubts as to the ap-^ plication of section 501 referred to in your letter. As I now view the matter I believe that the only way that any i one can run for County Superintendent of Schools after the Primaries; and while there is still at least one nominee, is by the use of stickers, j Very truly yours, \ FRANCIS J. MURPHY, j Asst. Attorney General. I ■ i 27. OPINION. I May 4, 1920. : Hon. John A. Layne, ] State's Attorney, Wells County, • j Fessenden, N. D. \ Dear Sir: ! In a communication addressed to this department you request an | opinion as to the number of names required to be had upon petitions for ; nomination for oflSce under the nonpartisan election law created by Chap- i OPINIONS OF THE ATTORNEY GENERAL 335 ter 117 of the Session Laws for 1919. Your question arises due to the fact that Section 854 of the C. L. of North Dakota for 1913, as amended by Cbapt 150 of the S. L. of North Dakota for 1915, requires that a candidate for a county or district office shall file a petition giving his name, post office address and the title of the office to which he aspires and the party which he represents, containing the names of five per cent of the total vote cist for the candidate of the party which he represents for the same position at the last general election, such names to be procured from at least one-fifth of the precincts in his district, provided, however, that in no case shall there be more than two hundred names on said petition. Chapter 117 of the S. L. for 1919 provides for the nonpartisan elec- tion of certain county and state offices and thus makes impossible the strict application of the requirements of said Section 854, as amended, to nominating petitions for such offices. It is quite apparent that a nominat- ing i)etition for an office denominated nonpartisan which contains the names of two hundred qualified electors would satisfy the requirements of said Section 854, as amended. However, if two hundred signatures are re- quired upon all nominating petitions of persons seeking to become can- didates for nonpartisan county offices it would work a great hardship upon such candidates, particularly in the counties of the state having a small population. Having in mind the intent of the legislature in fixing the percentage of the electors whose signatures must appear upon a nominating i)etition in order to entitle a candidate to have his name printed upon the ballot, it is my opinion that {he requirements of said Section 854. as amended, will be met by candidates for nonpartisan offices if their nominating petitions contain the names of not less than five per cent of the total vote cast for said office at the last general election. Yours very truly, Asst. Attorney General. 28. Aug. 24. 1920. Hon. Thos, J. Harris. County Auditor, Ransom County, Lisbon, N. D. Dear Sir: I have your favor of the 17th inst., in which you state certain facts by which a vacancy has occurred on the nonpartisan ballot for county judge in Ransom County, and upon which you desire an opinion. The present incumbent of the office of county judge of Ransom County was one of the two highest candidates at the recent primary election for the office of county judge. F. S. Thomas, the present incumbent of the I I 336 STATE OF NORTH DAKOTA office of county judge, has now tendered his resignation to take effect im- • mediately, and lias also withdrawn as a candidate for re-election in the j fall election. You desire to know if the vacancy on the ticket for the office of \ county judge may be filled by one of the county central committees, or if j there is any other method provided by statute by which such vacancy may ] be filled. The first nonpartisan ballot in this state was created by Chapter 82, ' Session Laws 1909, which provided that the election of Judges should be i had upon separate ballot upon which no designation of party should be made. Four years later the office of State Superintendent of Public In- ; struction and County Superintendent of Schools was placed on the nonpar- ' tisan ballot, see Chapter 153, Session Laws 1913. With those officers placed ; on the Nonpartisan Ballot already mentioned the 1919 session of the legisla- . ture added "all elective county officers", and in the same act Chapter 117,Ses- j sion Laws of 1919, revamped the procedure by which the nopartisan bal- j lot provided for should be operated. A study of the history of the ! legislation creating the nonpartisan ballot from 1909 to the latest ex- ] pression by the legislature discloses a clear intention to remove definitely [ and completely those offices directed to appear upon the nonpartisan ballot, from the direction, control and check of party politics and from I the statutory machinery provided for the perpetuation of parties. It will also be apparent that so far as the nonpartisan ballot is con- cerned, no method is provided by which vacancies occurring on the ballot prior to the regular election shall be filled. Because of the inadequate nature of the nonpartisan election laws ■ in this respect it had been suggested that the central committees fill any ; such vacancy that may occur, in the same manner as those committees are < authorized to fill vacancies upon the partisan ballot. ! This method of filling vacancies is however limited solely to the ! partisan ballot and has no application to the nonpartisan ballot. See ! State ex rel. Burtness v. Hall N. D , 163 N. W. 1055. Merely ' because the Nonpartisan ballot machinery has proved inadequate in this I particular, can in no manner justify foisting upon it even fragments of i the partisan ballot, the evils of which, the legislature, by the nonpartisan \ ballot sought to escape. ! From the inherent nature of each ballot, the partisan and nonpartisan, there can be no twilight zone. By their very nature if one or the other ; proves inadequate in certain phases, they cannot be combined and com- ■ plete that which is apparently lacking. From the foregoing reasons I am constrained to recognize the fact j that although the legislature has failed to provide a method by which vacancies on the nonpartisan ballot may be filled, it nevertheless clearly ( OPINIONS OF THE ATTORNEY GENERAL 337 expressed its repugnance to compounding the election partisan ma- chinery with that of the nonpartisan. In this state there is no way by which vacanqies occurring upon the nonpartisan ballot may be filled. AES ( Very truly yours. Attorney General. 29. June 1, 1912. Mr, C. W. Burnham, County Auditor, Carrington, N. D, Dear Sir: The Attorney General is in receipt of yours saying that two petitions for nomination as precinct committeeman have been presented to you, with a request that the same be filed and the names of the candidates placed on the primary election ballots. As stated by you, there is no authority for the filing of such petitions, the law (Chapter 211, Laws of 1911) providing that at the primary elec- tion each voter may write in the space left on his ticket for that purpose, the name of one qualified elector who is a member of his party, and a resident of his precinct, for precinct committeeman, and the one receiving the highest number of votes at the election is deemed the committeeman for such precinct. Very truly yours, C. L. Young. Assistant Attorney General. 30 NOMINATIONS FOR MUNICIPAL OFFICE. March 12, 1914. Hon. Joseph Denoyer, Attorney at Law. Beach, N. D. Dear Sir : In response to your request over the telephone for an opinion as to whether chapter 73 of the Laws of 1913 conflicts with section 614 of the political code and whether the Australian ballot should be used in the dty of Beach which has never polled as many as three hundred votes at any city election I beg to give our opinion as follows : We think chapter 73 of the Laws of 1913 governs and must be com- 338 STATE OF NORTH DAKOTA plied with without regard to any other statutory provisions, as this 1J)13 enactment seems to be a complete law relative to the nomination of can- didates for city oflBce. While chapter 73 does not state in terms that the Australian ballot must be used, yet the conditions surrounding the carry- ing into effect of this are such that only the Australian ballot can be employed. We think that chapter 73 of the Laws of 1013 must be com- plied with. Yours very truly, Alfred Zuger, Asst. Attorney GeneraL 31. April 2, 1914. Mr. John F. Faytle, McHenry, N. D. Dear Sir: Your letter to the attorney general in which you state where village oflScers of an incorporated village or nominated and elected under the old caucus system and disr^arded the provisions of chapter 73, Session Laws of 1913, are their acts legal and valid? The officers in question be- ing nominated and elected for the year 1913. In my opinion they are de facto officers and their acts are valid. Yours very truly Alfred Zuger, Asst. Attorney General. 32. February 5. 191;"). Mr. Emil Scow, Bowman, N. Dak. Dear Sir: Your favor of recent date asking for an interpretation of Chapter 73 of the Session Laws of 1913 relative to our partisan elections is before me. You ask whether or not it is the intent of this statute to compel every voter to use every one of these ballots prepared by the village clerk and that no other ballot can be counted except the regular ballots prepared by the village clerk and if any elector desires to vote for anybody not on the village ballot, whether or not the name would have to be written in or stickers used, or whether the voter could use a different ballot. We agree with you that the law itself is not clear upon this point in that it does not provide that these ballots shall be handed out by the OPINIONS OF THE ATTORNEY GENERAL 339 election oflScers, but we believe this chapter should be read in connection with other laws prescribing the methods of conducting elections and in that connection would refer you to article 13 of chapter 2 of the Compiled Laws of 1913, the same being section 957 and the following sections which provide that "in all general or special elections for state, district, county, city, township, village or other public officers within this state, including election in cities, towns and villages incorporated by special act. all ballots cast shall be printed and distributed at public expense as herein- after provided," the intent of which, we believe, is to provide for an offi- cial ballot and we believe that in elections conducted under the pro- visions of Chapter 73 which you refer to, that the ballot mentioned is meant to be an official ballot. "We do not see how this can work any hardship on any elector, because he, of course, would have the right to use stickers or write in the name of any person for whom he wished to vote. It is, therefore, our opinion that the legislature intended that the ballot referred to in chapter 73 be the official ballot and that no other ballot be used or counted except the regular ballot preimred by the village clerk. Yours very truly, Henry J. Linde, Attorney General. 33. March 1, 1910. Mr. L. T. Peterson, Village Clerk, Litchville, N. D. Dear Sir: Replying to your letter of the 25th will say that I can find no statute requiring any petition to be filed for candidates for office in villages at a village election. In city elections, however, such petition is required, nl- though it is not mandatory, and if no petition is filed the election would bt legal. In villages the trustees to be elected should be voted on by ward.s and should not be elected at large, although only one voting; plai-e is required. Yours very truly, Henry J. Linde, Attorney (Jeneral 34. January 15, 1916. Mr. H. T. Nelson,. Courtenay, N. D. Dear Sir: You ask whether the provisions of chapter 73 of the Laws of 1913 requiring non-partisan elections in all incorporated cities, towns, villages 340 STATE OF NORTH DAKOTA is mandatory or whether it is optional to use the new method or the old one,:! In my opinion this statute is mandatory in its terms and by section^ 3 of the Act all acts or parts of acts in so far as the same conflict, wer©" repealed. j You further ask whether or not any person who has not filed a peti*] tion within the time required by such act can be permitted to run for^ office on election day. ; I know nothing which can prevent such person from running for' office by the use of stickers, but under the provisions of this Chapter hej cannot have his name placed upon the ballot unless he files with thai city auditor the petition required by the statute within the time thereinyj specified. | Very truly yours, ^ Francis J. Murphy, j Assistant Attorney General. 35. i, March 9, 1912. i Hon. E. Smith-Peterson, ^ Park River, N. D. 1 Dear Sir: j I have before me your valued favor of the 6th in which you submit|i for construction certain provisions of section 957 of the 1913 Compiled' Laws in connection with sections 902 and 903 thereof. : It is my opinion that sections 902 and 903 of the Compiled Laws ofjj 1913 contemplates that the printing and distributing of the official ballots* at any election held in an incorporated city, town or village, may be done ! at public expense and that the last part of section 957, exempting elections in civil townships, school districts, incorporated cities and villages is,.i l)y implication, repealed to that extent. I Section 3 of chapter 73 of the 1913 Session Laws repeals all acts or* parts of acts in conflict therewith and for that reason it is my opini(HiJ that in any election held under sections 902 and 903, the printing and^ distributing of the official ballots may be done at public expense. | Yours very truly, Henry J. Linde, y Attorney General. f 36. ] March 17, 1915. ' Mr. George E. Berg, ; Kensal, N. D. | Dear Sir: ^ Your letter to the Attorney General with reference to the election of ■ village, officers is before me. Our law requires that candidates make outj X)etitions and that their names be placed on the official ballot, yet where i OPINIONS OF THE ATTORNEY GENERAL 341 petitions are not made out this would not prevent the electors from voting for anyone they saw fit. I think, however, that the law contemplates in all elections an oflB- cial ball©t, and I would suggest that you make out a blank ballot putting on there spaces for the number of oflScers to be elected and the names of the oflSces to be filled and have it stamped "oflScial ballot" and signed with the initials of one of your election judges and hand it to each voter. He would then have the option of writing in whatever name he cared to insert. I see no harm in having a village caucus at which nominations are made, but I do not think an oflScial ballot should be used, and the names of those persons so nominated be written upon this ballot. Yours truly, H. R. Bitzing, Assistant Attorney General. 37. . March 15, 1918. Mr. John Goehring, Streeter, N. D. Dear Sir: This department is in receipt of your request for an opinion as to whether or not it is possible for a candidate for a village ofl5ce to have his name appear on the official ballot except through a petition. Referring to Section 903, Compiled Laws of 1913, it is my opinion that a candidate for such an office can only have his name placed on the official ballot by virtue of a petition provided for therein. You will note that said section provides: "tt shall be the duty of the auditor or clerk of such city, town or village, 6g as the case may be, to place only the names of the person or persons so ^B- nominated upon the ballot." This does not necessarily mean, however, that you can not be a candidate for the office, but you may furnish stickers to the electors in the village and they may be placed on the ballot by them, or. if the electors desire, they may write your name on the ballot themselves. Yours very truly, Edw. B. Ck)x, Assistant Attorney General. 38. May 2. 1917. Mr. Earl Palmerlee, Havana, N. Dak. Dear Mr. Palmerlee : In reply to your letter I will say that in villages casting less than three hundred votes no official ballot is required, therefore other tickets or ballots 342 STATE OF NORTH DAKOTA iriay tie lised bj^ the voters at such village elections. Very truly yours, William Langer, Attorney General. 39. PRESIDENTIAL PRIMARY. February 17, 1912. Hon. J. J. Kehoe, State's Attorney, Cando, North Dakota. Dear Sir: We have your favor of the 14th inst., relative to Chapter 208 of the Session Laws of 1911, and especially section 5 thereof. This act provides that the notice of election shall be given in the manner prescribed by law for giving notice of city, village or township elections in such city, village or township ; and in other precincts, that is in precincts which are not in organized cities, villages or townships, the notice of election shall be given as now provided for general elections. That is, as provided in section 67 of the Revised Codes, 1905. I am therefore, of the opinion that you are right in your view of the law. and that notice of the March primary must be given in the manner prescribed by law for giving notice of city, village and township elections in such cities, villages and townships in other precincts than those just mentioned it must be given as prescribed in Section 637, Revised Codes. The idea seems to be that notices of the March primary election in these different political subdivisions shall be given in the same way as notices of election for officers are required to be given for the city, village and township. The purpose being to use the local election machinery and the same procedure so far as applicable. Very truly yours, C. L. Young, Assistant Attorney General. 40. January 12, 1912. Hon. P. D. Norton. Secretary of State, Bismarck, N. D. Dear Sir: We have yours asking if the March primaries should be held at the voting places designated by county commissioners for general elections, by cities for city elections and villages for village elections, and if the election officers who acted at the last general election or the local offi- cers should act. OPINIONS OF THE ATTORNEY GENERAL 343 I HOI unable to And any specific provision relative to the place at which the election shall be held. There is a provision in section 6 of chapter 20S to the effect that in all matters not otherwise expressly pro- vided for, the provisions of any election law applicable to the case shall govern. Such language is very indefinite, but I take it that it will be proper to hold the election at the place designated for the holding of the last general election. The voting precincts in cities are not fixed by county commissioners as other precincts are, so that so far as cities are concerned, the general election precincts and the city election precincts will probably be the same. f Section 6, above referred to, expressly provides that in all cities, villages and civil townships the regular election oflBcers thereof shall act as such officers. This I believe to mean the officers who are designated by law as election officers of the respective municipalities. Yours very truly, * C. L. Young, Assistant Attorney General. 41 November 2, 1915. Hon. L. B. Ha una. Governor. Bismarck. X. D. Dear Governor : On account of being occupied with other matters, I have delayed answering your communication of some time ago in which you ask for the opinion of this office as to whether or not the delegates to the Republican National Convention are to be under our law elected at large or by con- gressional districts. I have gone into this matter somewhat carefully and I find that the matter is controlled by section 910 of the 1913 Compiled Laws, which pro- vides among other things: "Every qualified voter shall have the right to vote for as many candidates for National delegates for his party and for the election of as many candidates for Presidential electors as there are delegates and electors to be elected respectively, and each elector shall have the right to vote for one candidate of his party for National Committeeman." Under the language of this statute, it is my opinion that the delegates to the National Convention must be elected at large and not by congressional districts. Yours very truly, Henry J. Linde. Attorney Genera L 344 STATE OF NORTH DAKOTA 42. August 12, 1916. Hon. Carl O. Jorgenpon, State Auditor, Bismarck, N. D. Dear Sir : I have given consideration to your communication of the ninth in which you ask for the opinion of this oflSce as to the right of delegate to the so-called Bull Moose National Convention, to be held in Chicago this year, to collect from the state their expenses incurred in such convention. This matter must be governed by the provisions of section 916 of the 1913 Compiled Laws and under this statute it would be necessary that the Bull Moose, or Progressive Party, be a political party recognized as such organization by the Laws of North Dakota, before the delegates to the National Convention could receive their expenses. As I understand it, the Progressive Party is no longer recognized as a party in this state for the reason that, in the election in 1914 not sufficient votes were cast for their candidates to entitle the party to a place on the ballot this year under our statute. Furthermore, the delegates to the convention in question were not elected at the primary election in March, but were elected at a state convention called for that purpose. I have tried to find authority in the statute for the payment of the expenses of these delegates because, it seems to the writer, that it would be right and proper that the state should take care of their expenses, but I am unable to find any legal or statutory authority for the use of the State's Funds for this purpose. Respectfully submitted, Henry J. Linde, Attorney General. 43. Mr. D. J. McGillis, Bismarck, N. D. Dear Sir: You write the Attorney General asking who it is that appoints the inspectors of election in cities having the commission form of government and also whether or not new judges are appointed fo* the Presidontinl Primary election or whether the judges at the last general election hold over. Replying thereto will say that in cities having tho commission form of government the city commission itself appoints the inspectors of elec- tion. OPINIONS OF THE ATTORNEY GENERAL 345 With respect to your second question will say that tlie election board as^ constituted at the last general election would be the board to act itt that capacity at the time of the Presideijtial Primaries. Section 915 provides that the insi)ector and judges of elections who" acted as such at the last general election as those who have been or may be appointed to fill such vacancy occurring in their office pursuant to law shall act in such Presidential Primary as the inspectors and judges of election. Yours very truly, H. R. Bitzing, Assistant Attorney General. 44. Aug. 25, 1915. Hon. Thos .Hall, Secretary of State, Bismarck, N. D. Dear Sir : Yon submit to the Attorney General certain questions with reference to the printing of ballots for the Presidential Primary election to be held in March, 1916, the first of which is as follows relating to sections 910-916, inclusive, Compiled Laws of 1913 : "Is this department required under the provisions of this law to print ballots for all political parties on receipt of the required petitions, whether or not these political parties have cast a vote sufficient to entitle them to a ballot in the Primary Elections, as provided in Section 860 of the Compiled Laws of 1913?" In reading the entire act providing for the Primary Election of Na- tional delegates, I am of the opinion that only those parties which are en- titled to be represented at the regular Primary Election, that is those par- ties which have received five per cent of the total vote cast for Governor at the last general election preceding such Primary Elections are entitled to be represented on such Primary Ballot. I would call your particular attention in this respect to the language in section 916 with reference to the expenses of delegates at this Presiden- tial Primary election where it provides that the State shall pay the ex- penses of the delegates of the political parties recognized as such by the Laws of North Dakota. Your next question relates to section 860 of the Compiled Laws of 1913 and is as follows: "According to the official tabulation, made by the Canvassing Board and on file in this department, of the General Election held in November, 1914, the progressive party failed to cast five per cent of the total vote cast for governor at that election. But the Progressive Party, at the general election, held in November, 1912, cast more than the required five per cent. In view 346 STATE OF NORTH DAKOTA of these facts, what is your opinion as to whether or not the Progressive Party is entitled to have a separate ballot at the Primary election to be held in June, 1916 In other words, such party, having qualified in 1912, is it required that it shall qualify also in 1914, and that, failing to qualify at the preced- ing election, it no longer became entitled to a separate party ballot at the follow- ing Primary Election?" It seems to me that the language of Section 860, supra, admits but one construction and that is, that any party to entitle it to have a separate party ballot at any primary election, must at the last preceding general election have cast at least five per cent of the total vote cast for Governor at said election. The fact that a party has qualified at one general election does not, in my opinion, entitle it to a separate party ballot, where at a general elec- tion subsequent thereto and prior to the primary election at which it seeks a ballot, it fails to cast the required number of votes. Your next question has to do with section 992 of the Compiled Laws of 1913 and you inquire of this oflice as follows : "Does this section apply to the Presidential Primary election in 1916? Is the Secretary of State required to cause the printing of Absent Voter Ballots for use at this election? Can a voter's compliance wifh the retr?str?tion law in 1914 be considered a compliance such as is required in this sectior. ?" The Absent Voter law provides that any qualified elector of this state having complied with the laws with regard to registration, who is absent from the county of which he is an elector on the day of holding ANY General or Primary Election, may vote at ANY such election as hereinaf- ter provided. I am of the opinion that the above language would include the Presidential Primary election and that the Secretary of State should cause to be printed "Absent Voter Ballots" for use at such election. Further answering that part of your question with reference to the registration, I would say that in as much as there can be no registration for 1915, prior to March of that year, when the Presidential Primaries are held that a voter's compliance with the Registration Law in 1914 to be considered a compliance such as is required in section 992, supra. Trusting that the foregoing sufficiently answers your inquiry, I have the honor to be Yours very truly, H. It. Bitzing. ! Assistant Attorney General. 45. Jan. 20, 1916. Mr. M. J. Bredrold. Devils Lake, N. D. Dear Sir : Replying to your letter of the 15th, will say that Section 910 of the 1918 Compiled Laws provides that the names required on a petition for a OPINIONS OF THE ATTORNEY GENERAL W candidate at the National Convention should be equal to 1 per cent of the party vote for representatives in congress at the last election provided that in no event should there be less than five hundred names. Under the provisions of Section 929 of the Compiled Laws it is my opinion that candidates for election at the March Primaries should file an itemized statement of the expenses incurred. Yours very truly, Henry J. Linde, Attorney GeneraL 46. Feb. 1, 1916. Mr. F. H. Sprague, Grafton, N. D. Dear Sir : Replying to your letter of the 29th in which you ask for the opinion of tlie office as to whether or not the several names proposed as Presiden- tial Electors and for delegates to the National Convention can all be in- cluded in one petition, I beg to advise you that in my opinion that the name of each candidate for these offices should appear on a separate peti- tion. Any other method, it seems to me, would be a violation of the spirit of the Primary Laws. ' Yours very truly, Henry J. Linde, Attorney GeneraL , 47. Feb. 11, 1920. Hon. Thos. Hall, Secretary of State, Bismarck. N. D. Dear Sir: Replying to your letter of February 9th, in which you inquire as to whether or not delegates to party national conventions shall be elected at large or two from each congressional district and four at large, has been referred to me for consideration, and I beg to advise you : I have examined the primary act as well as the presidential preference act and I am unable to arrive at any other conclusion than that it was the intention of the Legislature that all delegates should be elected at large. As suggested in your letter, Section 910 provides that "each qualified voter shall have the right to vote for as many candidates for national 348 STATE OF NORTH DAKOTA delegates, for his party, and for the election of as many candidates for presidential electors as there are electors to be elected, respectively. If the Legislature intended that the electors in a congressional dis- trict should vote for two candidates or delegates from that district and four delegates at large, they undoubtedly would have used different language than that in the section above quoted. I am of the opinion that this language cannot be construed so as to admit of the election of delegates by congressional districts. As to alternate delegates, I am of the opinion that you are confined in printing the oflBcial ballot to candidates for those positions specifically enumerated in the statute, and that you may not infer from the language of the statute any intention to provide alernate delegates. Sincerely yours, F. E. Packard. 48. PARTY REGISTRATION. May 28, 1012. Mr. Laureas J. Wehe, Devils Lake, North Dakota. Dear Sir: Your favor of May 27th, is received. Y'on propound the foUnwiiig questions, which I shall endeavor to answ^er. 1. "If a person is a qualified voter in an election proriiur as to citizenship, age and residence, and whether registered or not registered under the 1911 Registration Law, has he a right to voto in the jiulicial election ? 2. "Can a person, who is otherwise a qualified voter, who w is prosciit in the election precinct at time of registration made by assesso"* rm«l nlio neglected to be registered, and who is not registered under a p:iity re- gistration up to the time of the primary election. caU for and vote a p;irty primary ballot by swearing in his vote on primary election day. Must the election board refuse to deliver and allow such person to vote a p irty primary ballot (this not including the nonpartisan judicial election?) 3. "Can a person, who was present in the election precinct at time assessor was making the pirty registrations, who was overlooked by assessor, or by his own fault neglecteear Sir: You ask this office two questions : 1. Can a man that has registered as Independent or Nonpartisan vote a party ballot on election day? The answer to this question is "No." The purpose of a party re- gistration is to enable a man to participate in the primaries of the party OPINIONS OF THE ATTORNEY GENERAL v 351 to which he owes allegiance, and is for only such people as are identified with some political party. One who states that he belongs to no party naturally could not participate in the proceedings of any party. Your second question : "Can n man change his party registration after the books have been turned over to the County Auditor by the Assessor, or on the election day before the election bonrds and be per- mitted to vote?" The answer to this question is again "No." The statute makes no provision for a change of registration. On the other hand, it seems to prohibit such a change. I would call your attention to the last sentence of Section 919 of the 1913 Compiled Laws which reads as follows. "The in- spectors and judges at such primary elections shall require each voter to vote the party ballot under which he has registered," It may interest you to know that this was also the ruling of this office during the incumbency of Hon. Andrew Miller. Yours truly. H. R. BITZINCi. i Assistant Attorney General. 52. PUBLICITY PAMPHLET. August 26, 1920 Hon. Thomas Hall, Secretary of State, Bismarck, N. D. l>e;jr Sir: This is in reply to your letter of recent date directed to the Attorney General, and which has been referred to me for attention. You ask as to whether or not, in our opinion, the Secretary of State would be author- ized to insert statements of candidates and their cuts in the pamphlet which will be issued by said state officer, prior to the general election held in November, under the authority of Article 26 of the amendments to the Constitution of the State of North Dakota. You are advised that in the opinion of this department there is no provision either in the Constitution or in the statutes of the state, which would authorize the Secretary of State to accept for publication in the publicity pamphlet printed and distributed prior to the general election held in November, statements and cuts of candidates for office. Section 924 of the Compiled Laws of North Dakota for 1913. refers only to a pub- licity pamphlet printed prior to the primary election, while the pamphlet referred to in Article 26 of the amendments to the Cnstitution, does not in any w: y. m our .^pinion, authorize th- pi.:]>i:cf.tion of a staf>men* of candidates or their cuts. Yours very truly. EDW B. COX. Asst, Attorney General. 352 ^ STATE OF NORTH DAKOTA : i 53. I CORRUPT PRACTICE ACT. i Feb. 14, 1916.... j Mr, Geo. T. Murray, Northwestern Press Asso., Bismarck, N. D. j Dear Sir- ■ The Attorney General acknowledges receipt of your letter of February^ 5th and has submitted the same to me for answer. The proposition stated' therein and the question asked are as follows : "There is a custom in this state of persons who are candidates for office i to go to the makers of plate matter, pay them for a write-up and picture of J the candidate, then these plate makers will send this plate out to papers and ■ also ready inside -prints to local papers which will publish them without the I required mark, 'Political Paid Matter.' While the local papers get no pay I for the deal, yet the plate makers and ready print people, as we understand it, DO get pay for it. Some of the plate makers live outside of the state. j Question, is this evasion of the law a violation of the statute and does the ] local paper violate the statute or the plate makers and ready print people i or both?" \ The statute which controls the foregoing matter. Section 937 of the' Compiled Laws of 1913, in so far as the same is material to your in-' quiry reads as follows: t "POLITICAL ADVERTISING LABELED PAID. No publisher of a ; newspaper or other periodical shall insert either in its advertising or reading . columns or any paid matter which is designated or intended to aid, injure or defeat any political party or organization or measure before the people, unless • it is stated therein that is a paid advertisement. « ♦ • • • j It is, therefore, my best judgment that the action described in youri letter, as above set out, constitutes an evasion and violation of the fore- i going statute. It is quite clear that to permit paid political matter of j the sort described in your letter to be sent out without the qualifying] label merely because the same is originally gotten up by plate makers: would result in subterfuge which might easily lead to a complete dis-i r^ard of the law. ; In my judgment, the publisher of the local paper would be the violator ;i because the statute prohibits the publisher of a newspaper from making; the insertion in question. ! Very truly yours. FRANCIS J. MURPHY, Assistant Attorney General 54. April 10, 1912. Hon. Alfred Blaisdell, Minot, N. D. j Dear Sir: f I beg to acknowledge receipt of your favor under date of March 30th,i in which you submit to me the following question, and request my opinion' thereon : 1 OPINIONS OF THE ATTORNEY GENERAL 353 'Does section 9, chapter 129, Laws of 1911, forbid two or more can- didates or a set of candidates co-operating and circulating cards or tickets or the so-called 'slate' order, with their names and offices sought thereon, and when such candidates are jointly contributing to the expenses thereof, either in a direct or indirect manner. Does the statute forbid the circulating of a printed ticket or 'slate* when the candidates have in any direct or indirect manner jointly contributed towards the expense thereof?" Section 9, above referred to, reads as follows: "No person shall, in order to aid or promote his nomination or election, directly or indirectly promise to appoint another i)erson, or to^secure or aid in securing the ap- iwintment, nomination, or election of another person, to any public or private position or employment, or to any position of honor, trust or emolument. When applied to the question propounded, this statute reads: "No person shall, in order to aid or promote his nomination, directly or in- directly, promise to secure or aid in securing the nomination of another person to any public position." It will be noticed that the statute does not prohibit a candidate from aiding another candidate in his nomination. The prohibition is that no I)erson shall, in order to aid or promote his own nomination, directly or indirectly promise to aid another person in securing a nomination. In order to violate the statute there must first be a promise, either direct or indirect, by a candidate for nomination, to aid another candidate in his candidacy, and second, that promise, direct or indirect, must be made by the candidate for the purpose of aiding or promoting his own candidacy. I believe the purpose and object of this statute is to prohibit candi- dates at a primary election from banding together and forming what is com- monly called a "slate" ticket, and co-operating with each other in a joint effort to bring about each other's nomination. Such contribution alone might not constitute a direct or indirect promise on the part of any of the candidates named on such card or ticket to aid the others, or be made for the purpose of aiding or promoting his own candidacy, yet it might, if surrounded by other facts and circumstances tending to show such promise, become an important factor in determining whether such person had in fact, directly or indirectly promised to aid each other in securing their nominations, thus violating the provisions of the statute above mentioned. Therefore, in view of the provisions of section 19 of this act, which provides that upon the trial of any action or proceedings under the pro- visions of this act for the contesting of the right of any person declared to be nominated to any office, it shall appear that such person was guilty of any illegal act in or about such nomination, he shall be punished by belli jr deprived of the nomination, and the provisions of section 21. which 354 STATE OF NORTH DAKOTA ^ provides that whoever violates any provision of this act shall on con- \ viction thereof be punished by imprisonment in the county jail for not \ more than six months or by a fine of not more than one thousand dollars, \ or both such fine and imprisonment, it would be the wiser and safer : policy for candidates to refrain from such acts and contributions. _| Very truly yours, \ 55. ANDREW MILLER. Attorney General. M-.y G, 1912. Mr. H. N. Tucker, Courtenay, N. D. \ Dear Sir: j Replying to your favor under date of May 3rd asking for my con- j struetion of the Corrupt Practices Act in respect to the following points: \ 1. Can a candidate contribute money to the LaFollette campaign i as expenses? : 2. Can the candidate subscribe money to the league and the league i conduct the campaign? ! 3. Can two or more candidates canvass the state in an automobile - and pro rate the expenses? 4. Can I solicit funds for this campaign from the county league? s 5. How can I raise funds? ' I will answer in the order of your various questions. ; As to the first, I am of the opinion that a candidate may not law- fully make such contributions. And to the second answer, no. ^ As to the third, the law does not prohibit two or more candidates * from canvassing the state together in an automobile and pro rating the "< expenses, but the law does prohibit one candidate from either directly | or indirectly promising to aid another candidate for the purpose of pro- v •moting his own candidacy, and the question as to whether or not a par- J ticular candidate for the purpose of promoting his own candidacy di- 3 rectly or indirectly promised to aid another candidate is a question of fact, \ and the fact that two or more candidates were traveling together and pro rat- ; ing the expenses might become a material fact if connected and surrounded ;; by other facts and conditions in determining whether or not the candi- date in fact had indirectly and for the purpose of aiding his own candi- OPINIONS OF THE ATTORNEY GENERAL 3SS dacy promised to aid another candidate. It is my judgment that it is the wisest policy for candidates to refrain from so doing. Answering No. 4, it is my opinion that you may solicit funds for this coming primary campaign from county leagues. In answer to No. 5, you may raise funds in any manner heretofore lawful, except contributions from candidates for office or office holders, and corporations, trustees and officers thereof as such. See sections 10 and 11, chapter 129, Laws of 1911. Yours very truly, ANDREW MILLER, 1^ Attorney General. ^m W^ May 16. 1912. '^'Mr. H. R. Young, Emerson. N. D. I beg to acknowledge receipt of your favor under date of May 15 in which you request my opinion as to whether or not the corrupt practices act prohibits a publisher of a newspaper from printing the names of the candidates for public office which the publisher desires to support, in the form of a ticket, either before or after the primaries. Answering your query I may say that it is my opinion that the prmt- ing of such a ticket is not violation of the corrupt practices act. Yours very truly, ANDREW MILLER. Attorney General. 57. June 20, 1912. Mr. John Ihle. Granville, N. D. Dear Sir: We have your letter of June 7th, in which you ask if it would be against the law styled the "corrupt practice act," to take women to the polling places on election day. You further say that no compensation would be paid by anyone to the man who would do the driving. If a person without compensation and not being a candidate for of- fice himself, wishes to take ladies or other voters to the polls in his conveyance, I can see no objection to it. I do not believe the law pre- vents one person from hauling another to the polls, so long as he does not charge anything for it. Very truly yours, ALFRED ZUGER, Assistant Attorney General. 59. October 17, 1912. Mr. Nels O. Lindass, County Auditor, Hillsboro, North Dakota. Dear Sir: We are in receipt of your favor requesting a construction of Sec- tions 7 and 17 of Chapter 129, of the Laws of 1911 in regard to the filing of statements of expenses by nominees. In my opinion if the candidates file such statement suflBciently early in order to enable the auditor to place his name upon the ballot, the auditor would have no authority to reject his name. The fine provided in Section 7 of this act could, in my opinion, be imposed only by a court of competent jurisdiction in a proceeding brought in the name of the state, and it is no part of the auditor's duty to collect such fine. Very truly yours, W. P. COSTELLO, Assistant Attorney General. September 26, 1912. Hon. P. D. Norton, Secretary of State, Bismarck, N. D. Dear Sir: I am in receipt of your favor of September 23d enclosing letters re- received from Hon. C. A. Pollock, and requesting my opinion as to whether the name of Mr. Welland, who received two votes in the primary election for the oflace of judge, should be placed upon the judiciary ballot to be voted upon at the general election. 356 STATE OF NORTH DAKOTA : i 58. I June 22, 1912. j Mr. F. R. Barnes, Superintendent of Schools, Wahpeton, N. D. j Dear Sir: | A We have your favor of the 20th inst, in which you ask whether \ in our opinion chapter 129 of the Laws of 1911, and especially section ] 16 thereof, being the corrupt practices act, governs school elections as well as general elections, and you also ask if this act governs primary -., elections. You ask also whether sections 12 of this act would hold in j school elections! J Sections 12 and 16 of the corrupt practices act apply to all elections. 1 Very truly yours, : ALFRED ZUGER, Assistant Attorney General. i OPINIONS OF THE ATT ORNEY GENERAL 357 Section 17, of chapter 129, Laws, of 1911, provides that the name of the candidate chosen at a primary election shall not be printed on the official ballot for the ensuing election unless such candidate has filed his expense account as required by the act. Mr, Welland having failed to comply with the provisions of this section is not entitled to have his name placed on the ballot. Yours very truly, ANDREW MILLER, Attorney General. 61. October 12. 1912. Hon. L. B. Hanna, Fargo, North Dakota. Dear Sir : I beg to acknowledge receipt of your favor under date of October 10th, in which you request an opinion from me on the following points: 1. What is the amount of money that I can expend, under the law, in my campaign for election as governor? 2. Can my brother or any friend like that spend any money for me in the distribution of campaign literature or in paying for printing things of that kind? Chapter 129, Laws of 1911, entitled An Act to Secure the Purity of the Election, etc., is somewhat complicated and vague, but after carefully reading the same, I come to the conclusion, that you can lawfully expend in your campaign for governor only an amount equal to fifteen per cent, of the annual salary of the office for which you have been nominated, and such further sums as you may expend or incur in your personal ex- penses during the campaign. Answering question No. 2, Section 11 of said act prohibits any cor- poration, trustee, or officer thereof, as such, from paying or contributing any sums of money in order to aid, promote or prevent the election of any person. Except as above prohibited. I do not find in the law any provision that would prevent any private person who desires to aid or promote your election from expending money in the manner you suggest in your behalf, always, of course, supposing that you do not furnish the money. I have the honor to be. Tours very truly, ANDREW MILLER, Attorney General. 358 STATE OF NORTH DAKOTA 62. July 30, 1912. Mr. C. W. Buttz, Assistant State's Attorney, Minnewaukan, N. D. Dear Sir: We are in receipt of your favor of July 29tli, inquiring as to our con- struction of the corrupt practices act "with reference to the legality ol the distribution of blotters bearing political advertising matter. Section 13, chapter 129, of the Laws of 1911, prohibits the giving oi promising to give of any money or valuable thing to an elector, with the intent to induce him to vote or refrain from voting for any candidate for public oflSce. We are informed that the Attorney General of Minnesota has held under their corrupt practices act that the distribution of advertising blotters is illegal, but as we have been unable to obtain a copy of the Minnesota law we are not clear that their law is similar to ours, although it is generally understood that the laws in the two states are the same. This office has not issued any opinion holding that the distribution of blotters is illegal. In my opinion it would be an extremely strained and hypercritical construction of this law to hold that the promiscuous distribution, by a candidate, of blotters bearing his political advertisement, would be the giving of "a valuable thing to an elector with the intent to induce him to vote" for such candidate. It is clear that the purpose of the act is to prevent and punish bribery, and the undue use of money for elec- tion purposes ; but I believe that it is equally clear that it was not the intent of the act to prevent the candidates from using every reasonable means of placing and keeping their names before the public; and that the distribution of blotters by candidates is merely a form of adver- tising. It is possible that a blotter may properly be considered of some intrinsic value, but it is a matter of common knowledge in this and every other state, that blotters are usually distributed without cost by insurance companies, and other persons and corporations desiring to ad- vertise their business. To hold under this section that the distribution of blotters is the giving of a valuable thing, we would also be required to hold that the distribution of cards and letters and other advertising matter would come within the law, for, although a letter or card may be of no use or value, to the person receiving it, the thing itself is of some value, in the same sense that a blotter is of value. I am clear that it was not the intention of the legislature to prohibit practices of this kind. Very truly yours, W. P. COSTELLO, Assistant Attorney General. OPINIONS OF THE ATTORNEY GENERAL 359 63. February 20, 1914. Hon. Wm. Langer, Mandaii, N, D. Dear Sir: The attorney general has your favor of the 3d inst., in which you request his opinion on the following five questions: 1. "Is it contrary to the provisions of the corrupt practices act to solicit funds from individuals to assist in the campaign?" 2. "Is it contrary to the provisions of the corrupt practices act to solicit such funds from private, public or municipal corporations, inclusive of the case of a speaker asking a municipal corporation for the use of a hall free of charge?" 3. "Is it contrary to the provisions of the corrupt practices act to permit friends of such candidates to use their automobiles to get the voters to the polls?" 4. 'Is it contrary to the provisions of the corrupt practices act to solicit campaign contributions from candidates for either county, city or state office?" ~). "Is it contrary to the provisions of the corrnpt practices act to have a candidate for office contribute more than fifteen per cent of one years salcry. provided part of the contribution is ^oward paying old debts and is not used in the campaign?" Answering your first question, in my opinion it is not contrary to the provisions of the corrupt practices act to solicit funds from individuals to assist in the campaign. I think such contributions, if made by in- dividuals who are not candidates, may be made in any amount and to any political party or committee without transgressing any law. Answering your second question, I am of the opinion that the corpor- ation or corporations referred to in section 1, chapter 58 of the Laws of 1907, and section 11, chapter 129 of the laws of 1911, are private or business corporations. Public or municipal corporations are not named, and this being a criminal statute, I think are not embraced within its terms. However. I would not advise the soliciting of funds from any corporation either public or private, and if municipal halls are to be used by speakers, it would be better to pay for the same. I do not think, however, that allowing a hall to be used for a public gathering free of charge, whether it be for a political meeting or otherwise, is expressly prohibited by law. In answer to your third question, it is my opinion that friends of candidates may use their vehicles to take voters to the polls, but not for 360 STATE OF NORTH DAKOTA pay or compensation, and providing they do not commit the offense of electioneering, as defined by section 16 of chapter 129 of the Laws of 1911. Your fourth question is, I think, answered by chapter 157 of the Laws of 1913 and section 6 of chapter 129 of the Laws of 1911. Candidates may contribute a sum not in excess of fifteen per cent of the annual salary of the office to which they aspire, and no candidate shall be restricted to less than $200.00. Your last question is difficult. It seems to me that whether a can- didate may contribute more than fifteen per cent of one year's salary de- pends upon the intent, facts and circumstances under which the money is paid. You do not state in your letter the character of old debts, or to whom they are to be paid, but assuming that it is to a present com- mittee or organization, I am afraid that candidates would be violating the corrupt practices act if the total amount which they might contri- bute for the campaign both to the payment -of so-called old debts and contributions of 1911. I said for the campaign, and mean by that if it is used to keep an organization intact so that it may be effective for the present and future. I can see no objection to candidates or anybody else paying old obligations which have no connection with and can have no effect on the campaign in which they are about to embark or have em- barked or to support committees or organizations at present supporting their candidacy. Yours truly. ALFRED ZUGER., Assistant Attorney General. 64. I September 23. 1916. \ Mr. Oscar Moen, County Auditor, Lakota, N. D. : Dear Sir: In your letter of the 21st you ask for the opinion' of this office con- j struing section 940 of the 1913 Compiled Laws, if any successful candi- \ date in the Primary Election fails to file with you a statement of his expenses incurred at the Primary he is entitled to have his name appear i upon the ballot at the general election. I construe this statute to be \ mandatory so far as your office is concerned, except that should the state- | ment be filed within a reasonable time prior to the time that you trans- i mit a copy of the general election ballot to the printer, you should place ■ such name upon the ballot. If, however, the statement is furnished after the copy has been made ' up and transmitted to the printer, you are not compelled, as a matter of , law, to place the name upon the ballot. '. Very truly yours, i HENRY J. LINDE, j Attorney General. [ OPINIONS OF THE ATTORNEY GENERAL 361 OFFICIAL NEWSPAPER. July 21, 1920. Hon. Thomas Hall, Secretary of Stat^, Bismarck, N. D. t Dear Sir: The Attorney General has asked me to reply to your letter of recent date in which you inquire upon which ballot the County Auditor shall place the names of the newspapers which are candidates for the designa- tion as official county newspapers. Chapter 187 of the Session Laws of North Dakota for 1919 provides that the names of all newspapers which are candidates for such designa- tion shall be placed upon the general official ballot at the bottom of the first columr, on the left hand side. The language of the statute is not as definite as to this point as might be desirable, but taking into consideration the general understanding with respect to the words "gen- eral official ballot," this department is of the opinion that the ballot re- ferred to is the party ballot upon which the names of the Governor and other party nominees appear, rather than the so called nonpartisan ballot. Very truly yours. EDW. B. COX, Assistant Attorney General. 66. PRECINCTS. April 13, 1910. Mr. E. E. Cassels, State's Attorney, Ellendale, N. D. Dear Sir: Your f:ivor of April 11th at hand. I do not think that the incorpor- ation of a village creates of itself a separate voting precinct for general election purposes. Of course, as to village elections it does. Section 607 of the Revised Codes provides that the county commis- sioners should divide the county into election precincts and establish the boundaries of the same. This statute further provides that the entirety of civil townships, cities or villages as voting precincts shall be pre- served when possible, except when such preservation would conflict with the provisions thereof. You did not state in your letter whether the village referred to was incorporated since the last election or whether it was ever designated as a precinct by the county commissioners. 362 STATE OF NORTH DAKOTA I call your attention to the last proviso of section 607, which reads, "that when the combined vote of any township and incorporated city, town or village, or the combined vote of any town- ship and any portion of any incorporated city, town or village, within its boundaries or within the town lines or section lines which form the boundaries thereof, does not exceed three hundred, such township and incorporated city, or village, may have but one voting place. If your village and the township in which it lies has not to exceed 300 electors, the county commissioners may designate one voting pre- cinct for both. Yours very truly, ALFRED ZUGER, Assistant Attorney General. 67. June 22, 1012. Mr. W. W. Felson, County Auditor. Cavalier, North Dakota. Dear Sir: We have your favor of the 20th inst., in which you say : "Is the following city required to have three polling places instead of one : — (For June primaries or general election.) City with three wards; alder- man elected in each ward ; has less than one hundred voters ; city coun- cil has never adopted an ordinance consolidating the three wards into one voting precinct." Chapter 65 of the Laws of 1011 answers your question. That part of it which reads as follows is directly in point : "Or if the city council ! so elects, in any city of less than four hundred voters, as determined j by the last annual election, the council may by ordinance consolidate all : wards of such city into one precinct for voting purposes?" So I think J there is no question but what your city can hold city election in one ! place when electing aldermen, but you must keep separate ballot boxes j and poll books for each ward. j Very truly yours, ^ ALFRED ZUGER, Assistant Attornev General. 68. : JUDGES OF ELECTION. June 8, 1912. Mr. Arthur B, Atkins, Napoleon. North Dakota. • Dear Sir: | We have your favor in which you desire an opinion as to whethei ; it will be proper for the democratic committee, in appointing their judges i of election, to appoint men who are registered as republicans, and you I OPINIONS OF THE ATTORNEY GENERAL 363 say that in some precincts you have no democrats, and in others wish to select other men. I am of the opinion that this cannot be done. Section 608, of the Revised Codes of 1905, is applicable to the June primary election. See Section 17, chapter 109, of the Laws of 1907. Section 608 provides that the judges of election shall be members of the different political parties, and of the parties which cast the highest number of votes at the pre- ceding general election. It also provides that if it is made to appear at any time before an election, by aflBdavit of two or more qualified elec- tors, that either of the judges is disqualified, he shall at once be removed, and the place filled with a qualified person of the same political party. So it would seem that a republican could not be appointed a democratic judge of election. Under the primary election law, one who is regis- tered as a republican is prima facie, at least, a republican. Very truly yours, ALFRED ZUGER, Assistant Attorney General. I 69. FORM OF BALLOT. September 26, 1912. Hon. P. D. Norton, Secretary of State, Bismarck, N. D. Dear Sir : I am in receipt of your favor of the 23d inst., requesting an opinion on the following propositions : First: "If there should be two or more candidates for any state or county office made by individual nominations, should the name of each of these candidates be placed in separate columns, opposite the name of the office for which they might be candidates, or should all their names be placed in one column under the heading "Individual Nom- inations." and opposite the name of the office for which they are can didates?" Second: "What national parties, other than the Republican and Democratic parties, are entitled to have the names of their presidential electors placed on the ballot under a party heading?" Answering your first inquiry, in my opinion where there are two or more candidates whose nominations have been made as individual nominations, their names should be placed in one column under the head- ing "Individual Nominations." In regard to your second question, in my opinion there are no national other than the Republican and Democratic parties that are entitled to have the names of their presidential electors placed under a party head- ing on the ballot to be used at the general election on November 5th, 1912. Yours very truly, W. P. COSTELLO, Assistant Attorney General. 364 STATE OF NORTH DAKOTA 70. October 15, 1920. Hon. Thomas Hall, Secretary of State, Bismark, N. D. Dear Sir: You advise that the question has arisen as to the number of col- umns which should appear on the general ballot to be submitted to the electors at the general election to be held on November 2nd of this year. At the present time there are tv^^o political parties entitled to recog- nition as such upon the general ballot. These are the Republican and Democratic parties. No other party cast a sufficient number of votes at the last general election in this state to maintain its identity. It must therefor follow, under our statute, that only the Republican and Demo- cratic parties are entitled to party columns on the general ballot. There are two ways, under existing statutes, in which candidates may have their names printed upon the general ballot, one is through party nomination, and the other is by means of a petition for an in- dividual nomination, the latter method being provided for in Section 501 of the Revised Code of 1899, which section was held to be in fun force and effect by the Supreme Court of this State in a decision rendered some years ago. The records in your office show that nominating petitions have been filed designating five presidential electors representing the national can- didate of the Socialist party for the presidency of the United States, In view of the fact that the Socialist party has lost its identity in the State of North Dakota, unquestionably the names of such candidates for pres- idential electors should be placed in the column set aside and designated "Individual Nominations." Your records further show that nominating petitions have been filed, under the provisions of said Section 501. on behalf of one candidate for each of several state offices. These candi- dates are likewise individual nominees by petition and are entitled to have their names printed upon the ballot as independent candidates in the column provided for that purpose. The foregoing constitutes the facts as they have been presented to this dep^ment and, under such conditions, we are firmly of the opinion that a tWee column general bnllot for the forthcoming general election meets all the statutory requirements. To hold otherwise would make it possible for each independent candidate for office to demand and be en- titled to a column on the general election b:illot dedicated to him alone. This would be a preposterous and absurd condition of affairs and one to which we are not willing to lend our sanction. OPINIONS OF THE ATTORNEY GENERAL 365 I am further advised that you, as Secretary of State, have r^led that under existing statutes each independent nominee is entitled to designate in no more than five words, the party or principal for which he stands. In this interpretation of the statute, this department is in full accord. Yours very truly, WILLIAM LANGEB, Attorney General. 71. ELECTION SUPPLIES. Mr. Oscar Moen, County Auditor, Lakota, N. D. Dear Sir: Feb. 19, 1016. You write t his .offi ce asking as to the authority of the County Auditor to contract for election supplies and inquire whether or not it is the duty of the county auditor to let the contract for such supplies or if the board of county commissioners alone have the power to make such contract. I have examined the statute with reference to this question and I am satisfied that it is the duty of the county auditor to let such con- tract. Section 964 of the Compiled Laws of 1913 provides that the auditor of each county shall provide the ballots for the elections and that he shall also distribute to the various election precincts the necessary blank forms of poll books and blanks for election returns and other forms and certificates necessary to carry out the provisions of law with refer- ence to elections. Section 966 provides that the county auditor shall have printed cards containing full instructions to electors. Section 967 provides that the county auditor shall furnish and pro- vide uniform poll books, etc. Section 968 provides that the county auditor shall furnish and pro- vide suitable ballot boxes for each election precinct. Section 1003 provides that the county auditor shall provide absent voter ballots. Section 1103 states that the county auditor shall provide the necessary blanks for registration. The above mentioned sections all provide that the county auditor shall furnish the necessary blanks therein mentioned to be used at elec- tions. 366 STATE OF NORTH DAKOTA The fact that section 968 is the only one that does not do so and specifieally mentions that the supplies in said section enumerated shall be furnished by the county commissioners is conclusive proof, to my mind, that the legislature intended that all other election supplies should be provided by the county auditor. The word "provide" as used in those sections, I am satisfied, means that the county auditor shall have the power to enter into contract for such supplies and is the only officer who can bind the county and who is authorized by law to purchase such supplies for the county. I also discovered in looking up this question that on April 25, 1912, Hon. C, L. Young, then Assistant Attorney General, held in an At- torney General's opinion that the securing of election supplies was left by law to the county auditor. Yours truly, H. R. BITZING, Assistant Attorney General. 72. INDIVIDUAL NOMINATIONS. June 12, 1917. Honorable Thomas Hall, Secretary of State, Bismarck, North Dakota. Dear Sir: I have your request for an opinion as to whether or not you should accept the petition of H. H. Aaker, candidate for Congress in the First District, in as much as his petition as filed contains only 160 signatures. Your request further states that petitions bearing more than 160 signa- tures were mailed at Fargo June 11th. Upon taking the matter up with Mr. Aaker by telephone I am informed that the letter with the petitions bearing 160 names were mailed at Fargo, June 10th. Owing to the fact that this was Sunday, they were not sent out from Fargo until June 11th. The election law specifically provides that certificates of nomin- ation may be filed with the Secretary of State not less than thirty days before the day fixed by law for the election of persons in nomination. Such certificates of nomination may be sent by registered mail deposited in the postoffice on or before the last day. In as much as the last day in this case came on Sunday I believe you should accept the peti- tions, even though they were sent on Monday, but in as much as Mr. Aaker specifically states that they were really mailed on Sunday which was on the 10th, it does not become necessary to decide as to whether or not you should accept them had they been mailed on Monday. The thirty days is determined by counting the last day but not the first day. Very truly yours, WILLIAM LANGER, Attorney General. OPINIONS OF THE ATTORNEY GENERAL 367 73. October 23. 1912. Mr. Walter F. Kelley, County Auditor, Hettinger, N. D. Dear Sir: We have your letter of the 21st inst., asking if a certificate or peti- tion for the placing of the name of a candidate upon the ballot as an individual nominee is sufficient which does not give the postoffice ad- dress of the signers, but gives the township, range and section number on which they reside. Section 501, Revised Codes of 1899, the statute under which nomina- tions are permitted, requires that each elector signing a certificate shall add to his name his postoffice address. Whether a petition signed by electors who do not indicate their postoffice addresses is valid has never been determined by our supreme court. The question was passed upon by the supreme court of South Dakota in Harris vs. King, 21 S. D. 47, 109 N. W. 614. There the statute required that each elector signing a certificate should add to his signature, his place of residence, business and postoffice address. A part of the electors signing the petition there in question had not indicated their postoffice addresses. In passing upon the question, the court said : "It will readily be conceded that nominations should not be made by persons who are not resident electors of the district or political division in and for which the officer is to be elected. It would be absurd to contend that a person might file a paper containing the required recitals and number of names without the consent of any elector residing within the district, and the county auditor would be compelled to recognize such paper as a valid certificate of nomination. To guard against such an imposition the statute requires that each elector joining the nomination shall sign his own name, adding thereto his place of residence, his bus- iness and his postoffice address. This is the method provided for deter- mining whether or not the candidate has been named by the requisite number of electors residing within the district. It affords the only means of ascertaining from an inspection of the certificate whether or not it is genuine. The reason for requiring the elector's residence, business and postoffice address to be stated in his own handwriting is apparent. If one of these matters may be disregarded, all may be, and a typewritten certificate which in fact represents the will of but one person would be effectual to secure the printing of a candidate's name on the official bal- lots. This court cannot say that the residence of the signer is less or more important than his signature, his business or his postoffice ad- dress, because the legislature has put each uiwn the same footing and declared in plain and unmistakable terms that each shall appear in the handwriting of the subscribing elector. 368 STATE OF NORTH DAKOTA There was a substantial defect apparent on the face of the certificate, and the auditor was entirely justified in re- fusing to print the plaintiff's name as a candidate The osition. It is my opinion that no election was necessary in your city in the spring of 1913 but that the oflBcers elected at the time of the organization of the city under the commission form of government would hold over until the sta- tutory time for holding elections in 1916. However, in view of the fact that you had the election in 1915, the next election, according to the statute providing for biennial elections, should be held in 1917, but this would bring your elections on during the odd years. The statute, however, so far as we can ascertain, does not necessarily require that the elections be held in even-numbered years, and I know of no reason why you cannot hold your election in 1917 because the term of oflBcers elected in 1915 has not expired and will not expire until the spring of 1917. I would advise you, therefore, not to hold any election this year, but to hold your election in 1917, and every two years thereafter, according to the provisions of Section 3784 providing for biennial municipal elections. Yours very truly, Henry J. Linde, Attorney General 92. March 13, 1917. Mr. C. E. Leslie, Attorney at Law, Hillsboro, N. Dak. Dear Sir : The Attorney General has your letter of the 8th inst, in which yon ask, in substance, the following question : Where a city has, in an odd-numbered year (1913), adopted the com- mission form of government and in said year elected oflBcers under such commission form; and thereafter, and in April 1915, there was held an election to elect two commissioners to fill the places of the two commis- sioners elected at such first election and whose terms had expired, is it legal to hold an election in April, 1917, for the purpose of electing two commissioners and a President of the Board, or must such election be deferred until the next even-numbered year (1918) ? 382 STATE OF NORTH DAKOTA In my opinion the next election for the election of commissioners and president of the Board should, in such cases, be held in April, 1917. Sec- tion 3784, Compiled Laws of 1913, that this section applies is clear from a reading of section 3775, wherein it is declared that *♦♦♦♦* from the time of such organization the provisions of this chapter shall be ap- plicable to such city; and all laws in conflict herewith shall no longer be applicable, ••♦♦♦•»» There is no requirement, under section 3784, that the elections In cities under the commission form of government shall be held in even- numbered years. Very truly yours, Geo. B. Reimestad, Assistant Attorney General. Feb. 11, 1920. Hon. Thomas Hall, Secretary of State, Bismarck, N. D. Attention Mr. Duffy. Dear Sir : I have before me your letter of recent date in which you inquire as to the statutes controlling city elections in the year in which the Presiden- tial primary elections are held. As I view your inquiry it resolves itself into a question of whether or not the last sentence of Section 915 Compiled Laws of North Dakota for 1913, is still in effect. This portion of said sec- tion reads as follows : "In every fourth year when a Presidential election is held, the time of all general elections shall take place on the third Tuesday in March, so as to conform to the provisions of this article, and in such event the city o;cers elected to office shall have until the second Tuesday in April in which to quality for such office." Section 3666 Compiled Laws of North Dakota for 1913, provides that the annual city elections in all cities, except those operating under the commission form of government shall be held on the first Monday in April in each year. However, this provision as to the date of holding the said election has been held to be superceded by the last sentence of section 915 as above quoted. Section 3784, Compiled Laws of North Dakota for 1913, provide that the biennial election in all cities operating under the commission form of government shall be held on the first Tuesday in April, and it has hereto- fore been held that when the biennial election in cities under the com- OPINIONS OF THE ATTORNEY GENERAL SSJ mission form of government, come»- in the even numbered years, that in presidential primary years the city elections shall be held on the third Tuesday in March, in lieu of the first Tuesday in April, by virtue of the said provisions of section 915, Compiled Laws of 1913, above quoted. Since the last presidential primary, however, section 3784, Compiled Laws of North Dakota for 1913, has been amended to the extent that it is provided that the polls shall be opened at eight A. M., and shall close at nine P. M. The amendment and re-enactment of this section makes it a later law than section 915 of the Compiled Laws for 1913, and the question now arises as to whether or not in cities having commission form of government, where the election takes place this year, the last sentence of section 915 would be controlling. Under the general rule of statutory construction it would seem that section 3784 having been amended and re-enacted in Chapter 120 of the Session Laws of 1919, would supercede Section 915 Compiled Laws of 1913. I am of the opinion, however, that such was not the intention of the legislature. It is a matter of common knowledge that the only reason section 3784 was amended in 1919 was to extend the time of the closing of the polls from five P. M. to nine P. M. I do not believe the legislature in- tended to do away with the plan heretofore followed, namely to hold the presidential primary and the city election upon the same date. I believe that this was a mere oversight on the part of the legislature, and that this department would not be justified in holding otherwise, and thus causing extra expense both to the State of North Dakota and the various muni- cipalities through the state, which are operating under the commission form of government. As to the time of opening and closing the polls at the combination election which is to be held on the third Tuesday in March of this year, ] will advise you that in my opinion Section 983 Compiled Laws of North Dakota for 1913 as amended by section 2 of Chapter 119, Session Laws of 1919, controls. You will note by referring to section 915 that it is therein provided: "the polls shall be open during the same hours as at general elections." I am aware of the fact that in years in which city elections are held separately that the polls are opened at eight A. M. and closed at nine P. M. However, if section 915 governs as to the time of holding such city elections in such presidential primary years, it must necessarily follow that such section would govern as to the time of opening and closing the polls. In case there is any doubt in the minds of the city election oflicials on this point, I see no reason why the polls could not be opened at eight in the morning. In view of the conclusion I have reached in this matter I do not deem it necessary to answer your other questions specifically, as you indicate In your letter that the only important question is as to whether or not section 384 STATE OF NORTH DAKOTA 9i5 still prevails as setting forth the time at which city elections shall be held in primary years. In connection with this opinion, I wish to say publicly what I have many times asserted privately, namely thit as recommended by yourself North Dakota's election laws should be recodified and harmonized at the earliest possible time. There is no question but that in many places they are in hopeless conflict and until a recodification has been had election oflS- cials throughout the state will constantly be in doubt as to the proper procedure to follow. Very truly yours, Edw. B. Cox, Assistant Attorney General. 94. March 13, 1915. ] Mr. W. S. Rinuey, ; Ray, N. D. | Dear Sir : You write to the Attorney General with reference to your appointment as police magistrate of the city of Ray which is under a commission form i of government and ask whether or not the board of city commissioners ; was acting within its power and rights in appointing a police magistrate. ■ I am of the opinion that where a vacancy occurs in the ofiice of ; police magistrate and other elective city offices that a special election ^ must be called to fill the vacancy. I base my opinion upon the provisions j of Section 3804 of the Compiled Laws of 1913. That being so, I think | that the board of commissioners did not have the right to make the ap- ' pointment to fill the vacancy, but that a special election should have been held to fill the same. ' Your second question is whether or not a police magistrate, so ap- . pointed, would have jurisdiction to authorize him to issue criminal , warrants. '. In reply, would say that I think a decision of the Supreme Court of j this state in the case of State ex rel Brockmeier vs. Ely, found in 16 ] N. D. 569, and also in the case of State vs. Bedner, found in 18 N. D. 484 j would apply in a case such as you mention, that is that such an officer, j while not an officer de jure would be an officer de facto, and as such any * official acts done by him would have the same force and effect as though ; he were legally filling the office. : Yours truly, H. R. Bitzing, ; Assistant Attorney General. j City Attorney H. F. O'Hare of Bismarck, is of the opinion that Section 3658 | is express authority for the filling of such vacancies by appointment. , OPINIONS OF THE ATTORNEY GENERAL 95. March 27. 1914. Mr. A. D. Bosch. Flasher, N. D. Dear Sir : f The attorney general has your favor of the 26th inst., relative to the election of trustees in a newly incorporated village. You say the village is divided into three districts, and that the question arises, can the votei residing in one district vote for trustees representing the other two, as well as his own, or must he vote for his own only. Under section 2857, one trustee must be elected from each district, and the voters in one district cannot vote for trustees from other districts. The idea that the trustee represents his own district is carried out in sec- tion 2860. If a vacancy occurs in the board of trustees, it shall be filled by appointment, but the appointment must be made from the district. I think this idea is also carried out by chapter 73 of the Laws of 1913, pro- viding for the nomination of candidates for city, town or village oflBce. That law provides that the petition must be signed by not less than 10 per cent of the qualified electors residing within the ward or precinct in or for which such officer is to be elected. Yours very truly, Alfred Zuger, Assistant Attorney GeneraL i 96. Februray 8, 1916. Mr. Alfred O. Nelson. Attorney at Law, Dunn Center, N. D. n-r Dear Sir : You write the Attorney General asking whether or not in a town which is divided into wards the trustees to be voted upon by the electors in the wards where they reside or can they be voted upon by the entire electorate. Replymg thereto will say that it is evidently the intent of the statute that a trustee to be elected from the third ward, for example, can only be voted upon by the electors of that particular ward. Answering your second question, I can see no reason why the village election could not be postponed until the date of the annual election in March Yours very truly, H. R. Bitzing, Assistant Attorney General. I i 386 STATE OF NORTH DAKOTA I 97. August 28. 191(5. Mr. H. A. Armstrong, j Attorney at Law, Hazelton, N, D. Dear Sir: i I hav6 your letter of the 28tli in which you ask lor information as to- ; whether or not one voting place is sufficient in a village which has been divided into three districts and also whether or not the voters of the entire village have a right to vote for each of the trustees to be elected. • The statute is not clear upon this proposition, but this office* has^^ heretofore held that only those electors who reside in each district can j vote for the candidate residing in and representing such district. In i other words, the trustees are not elected at large. i On the question of whether or not more than one voting place should I be provided, I believe that only one voting place is necessary, but in that i event a record would have to be made and provisions otherwise made so" that the electors could only vote for the candidate from their district. 1 I concede that the question is close and that the proposition could be- • decided either way arid support could be found for either position. j Yours very truly, ; Henry J. Linde, "i Attorney General. 98. ^ March 8, 1917. Mr. H. O. Hanson, 1 Litchville, N. Dak. Dear Sir : I Youi . ask, in substahce, whether village trustees are to be elected by j the districts ip wjhich they reside, respectively, or whether all the voters of i the village vote upon all the trustees, regardless of districts The statutes < are very unsatisfactory and incomplete in this respect. : Section 3854, Comp. Laws of 1913, provides that "there shall be : electee? *! * * * * * one trustee from each district in said village ■ ****♦*." In line with that idea is the provision of Section , 3857, provided that, in case of a vacancy in the board of trustees, it shall' be filled by appointment from the district in which the vacancy occurs. I* But the statu t:e provides for but one polling place and one election. Sec- tions 3850 and 3851. [ OPINIONS OF THE ATTORNEY GENERAL 387 In my opinion, there can be but one election, at which all electors of the village vote for all officers to be elected. There is no method nor machinery provided to carry out the idea of electing trustees from the districts m which they reside, and limiting their election to the electors of their respective districts. I do not believe a method of election can be formulated to cover this deficiency, where none is provided by statute. We believe State's Attorney Ritchie has given the correct interpretation of the law. Yours truly. Assistant Attorney General. 99. TOWNSHIP ELECTIONS. January 19, 1912. Mr. Scott Cameron, State's Attorney, Linton, North Dakota. Dear Sir: We have your favor of the 17th inst,'iii wM^ you'deisire dor opinion as to whether the residents of an incorporated village located within a township can vote at township meetings. It is the opinion of the Attorney General that such residents within an incorporated village cannot lawfully vote at a township meeting, but that the two are distinct political subdivisions or corporations. It is true that the statutes of this state are very unsatisfactory on this subject, and very little light can be gotten from reading them, but in a number of cases from other states it has been held, and we believe it is a rule that voters of an incorporated village located within a township, are not entitled to vote or participate in purely township affairs. Very truly yours. Alfred Zuger, Assistant Attorney €reneral. 100. March 8, 1915. Mr. Edward Klebaum, Egeland, N. D. Dear Sir: I have your letter of the 5th. Section 4087 of the Compiled Laws of this state for 1913 provides : . "^ere shall be elected at the annual township meeting in each, township, one supervisor for a term of ttree years, one township derk. one assessor. 388 STATE OF NORTH DAKOTA one treasurer, two justices of the peace, and two constables shall be elected once in two years except to fill vacancies." - This same section further provides : 'v(r "At the first annual township meeting, each township, there shall be elected at large for each township, three supervisors, one to serve until the second annual township meeting, and one to serve until the third annual township meeting thereafter." -*iii i'itlw ,7^noloiiob anil- VM(f> oi b^luJuom From this section, you will iitftettiat'tlre officers' iiieiitioiied'a1)Ove are elected for a term of two years, except the supervisors, who are elected for a term of three years. This law was enacted in 1913. Section 4249 of the 1913 Laws provides : . "Whenever the electors of any township determine at their annual township meeting to erect one or more pounds therein, the same shall be under the care and direction of such poundmasters as are chosen or appointed for that purpose." In my opinion it is discretionary with the electors of the townships as to whether or not to create a pound, and if one is created, the pound- master may be elected by the township board for such term as they may desire. Section 4087 provides also, that the board of supervisors of a town- ship shall appoint an overseer of highways for each township who shall hold his office during the pleasure of the board, so that under the provision of law the office of district overseer no longer exists, and in that connec- tion I refer you to Section 1990 M, of the 1913 Code, which provides: "There shall be appointed by the township board of supervisors at their *"^'next meeting succeeding the annual town meeting, one township overseer of biti' highways for each township who shall be a practical roadbuilder and whose H'>&!i compensation shall be fixed by the township board, to be paid on presentation •J, J , of a verified bill at the regular meeting of the township supervisor. All duties now by law resting upon district road overseers shall be performed by this township overseer of highways, etc." Trusting that this information shall be of some value to you, I remain, Yours very truly, * Henry J. Linde, Attorney GeneraL 101. J, Feb. 25, 1918, Mr. O. J. Klahn, Township Clerk, Shields, N. D. Dear Sir : Your letter of Feb. 21st received, requesting an opinion concerning the provisions of Section 4087, Compiled Laws, 1913, as to whether the town clerk, assessor, treasurer and justice of the peace hold for a term OPINIONS OF THE ATTORNEY GENERAL of one year or for two years, when elected at the annual township meeting. On March 8, 1915, former Attorney General Linde rendered an opinion that such oflBcers were elected for a term of two years. It is our opinion that such opinion so rendered was correct Formerly tmder Chapter 306, Session Laws 1911, such oflBcers held for a term of only one year, but this law was amended by Chapter 90 of the Session Laws of 1913, which is now Section 4087, Compiled Laws of 1913. Respectfully submitted, H. A. Bronson, Assistant Attorney General. 102. Feb. 21, 1917. Hon. F. C. Eastwold. Steele, N. D. Dear Sir: If a i)ersou who resides In and who is a resident of an organized city or village in this state and votes in said village or city and is a bona fide resident of said city or village, they cannot hold a township oflSce, such as township supervisor, clerk of the town board or justice of the peace. Very truly yours, William Langer, Attorney General. 103. April 8, 191(fc -M Mr. M. L. McBride, State's Attorney, Dickinson, N. D. Dear Sir: We have yours of the 29th ult., in which you state that a township in Stark County was organized March 26th into a civil township. You ask whether or not this new township may call a special meeting for the pur- pose of determining the amount of the 1910 tax levy. By Section 3050, Revised Codes of 1905, you will see that where a new township was organized, the board of county commissioners is required to make out notices designating a suitable place for holding the first township meeting. You will also notice that this first meeting is to be held twenty days after the township is organized. In my judgment this latter pro- ▼isioti is directory merely. If steps have not already been taken to call the first township meeting, the commissioners may still do so at the first 399 STATE OF NORTH DAKOTA meeting. I take it that the electors of the township may exercise the same powers that may hereafter be exercised by them at their regular annual township meeting. The amount of the tax levy is not required to be cer- tified to the caupty auditor until the 20th day of July, so there is plenty of time to hold the special meeting. II a meeting has been held for the purpose of electing oflBcers it would still be proper, under Section 3078, to hold a special meeting of the electors of the township to make appropriations if that matter was not attended to when the oflBcers were elected. Very truly yours, C. L. Young. Assistant Attorney General. 104. .Tune 24, 1918. Mr. H. A. Armstrong, Hazelton, N. D. Dear Sir: Answering your letter of May 22ud, there is no question in my mind that if the voters of a township may reconsider an action taken by them in a proper case a special meeting may be called for the purpose of re- considering such action. In the case you mention the township voted to raise a certain sum of money for a specified purpose. Though notice of the tax levy under the vote so taken may have been forwarded to the county auditor by the proper township ofiicers, no rights have vested under the vote or levy, and no one would be prejudiced, I take it, in any way if this vote were now re-considered. It is therefore my opinion th^rt a special meeting may be called for the purpose of re-considering the vote as regards the appropriation of a certain sum of money for a specified purpose. Upon the right of a township or other municipal body to rescind previous acts I call your attention to Dillon on Municipal Corporations, Fifth Edition, Section 539. Yours very truly, C. L. Young, Assistant Attorney General. 105. May 10, 1918. >fr. Alfred Brown, R. P. D. No. 2, Box 6, Esmond, N. D. •l!)ear Sir r ' '^■' -■.'•■'-•'- Your letter of May 9th. has been referred to me, in which you ask for an opinion of this oflRce, giving the status of the members of the township OPINIONS OF THE ATTORNEY GENERAL J9l board where on election there was a tie vote and the judges of the election at the town meeting failed to cast lots for the candidates tied. I beg to inform you that section 4151 of the Compiled Laws of 1913 provides that in case of a tie vote for any oflfice the judges of election shall at once publicly by lot determine who of such i)ersons shall be declared elected, and Section 4172 of the same Code provides that whenever any township fails to elect the proper number of officers, then the justice of the peace of the township, together with the other members of the board of supervisors, shall fill the vacancy by appointment. It is, therefore, my opinion that where there was no election, by reason af a tie vote, for township oflBcers, that the oflfice is vacant and that the justice of the peace uind other members of the board shall fill the vacancy. Very truly yours, Wm. G. Owens, Assistant Attorney General, 106. COUNTY COURT WITH INCREASED JURISDICTION. July 22, 1912. >lr. Abram Baldwin. Oberon, N. D. Dear Sir: We have your lavor of July 19th in regard to the submission to the ^ oters of your county of the question as to whether rt* not the jurisdiction •earSir: Your letter to tlie attorney general at hand in which you ask for a .instruction of section 1 of chapter 78 of the Laws of 1009, which provide STATE OF NORTH DAKOTA how the jurisdiction of the county court may be increased or abolished. ! The law in my opinion means that the signatures of twenty per cent of 1 the voters and taxpayers residing in the county is sufficient. In other \ words the petition must be signed by twenty per cent of the voters who '\ are taxpayers. j '*'> In my opinion, after the adoption of increased jurisdiction of the county ] court, the county commissioners upon receiving the required petition, must j submit the question of abolishing the increased jurisdiction at any general j election but after the question of abolishing the increased jurisdiction has J once been submitted, it cannot be again submitted for six years. f Yours very truly, 1 ..^o'^O.O.firW JohnCarmody, ; Assistant Attorney General. ^ 108. 1 BETTING. ■ August a, 1918. I Mr. L. J. Dinger. j Grano, N. D. ) Dear Sir : j I have your letter of July 27th, addressed to the Governor. It ist ' against the law for any person to bet on an election. From your lettei j I note that one man in every precinct is doing the betting, and that ^ this man is xmiformly against the League. A man's politics are im- ■ m£iterial. If he bets he is disqualified from voting and his vote can be ; thrown out by proper action in court. Therefore, if you do not want to ^ have your friends disqualified, you should warn thom of the consequences ; of the act. I Yours very truly, ' William Langer, j Attorney General. ) I INDEX 393 INDEX Section Page ABSENT VOTERS, affidavit 997 183 application for ballot, form of 5pj^.,j^j,,^ - 995 182 furnished by comity auditor ,,,.,,... ,,..,^,,. 996 18^ made when ,^> i^.y,ff^-^^f,4i..^ , . 993 182 ballots, care of by county auditor ^ ,^^, ^^.^^ .,, - . 999 184 delivered when ■. ....*. .,.. 1003 186 endorsed 1001 185 marked how 998 184 printed how 994 182 sent how b^Kihrnr 997 183 Ch. 6, Sp. 186 transmission to inspector 1000 184 void or rejected 1001 185 canvass Ch. 6, par. 4 187 penalty , 1004 18ft voting, manner of 1001 185 may vote before leaving county 1002 185 when absent elector may vote , . . 992 182 who are 993 WS Ch. 6, Sp. 18« ABSTRACT OF VOTES, see canvass made by county canvassing board 100(» 101 messenger sent for 1014 194 neglect to make, penalty 0439 310 publication of 1009 19t see publication — statement transmitted to secretary of state 874 129 1013 104 ACTIONS. against usurping officer 7971-8 295 remedies by 7969 294 ADVERTISING, political, labeled paid 937 14S rates for 938 148 AFFIDAVIT, absent voter 997 183 naturalization 4382 , 82 nomination, by candidate 853 1:17 by electors 855 120 party registration 917 140 unregistered elector for purpose of voting 109C 2tf. STATE OF NORTH DAKOTA Section Page AGRICULTURAL EXTENSION WORK, tax for 2263 223 ALDERMEN, see Cities ALIENS, see Naturalization ' enemy 4352 (11) 69 exercising riglits of citizens 4352 (10) 69 return to native country, effect of 4374 77 seamen, deemed citizens when 4352 (8) 68 ALLEGIANCE, renunciation of 4352(1) (3) 64 iiS^ARCHISTS, not to be naturalized 4363 73 ANSWER, to notice of contest : 1047 204 legislative 1071 210 APPEALS, contest of election 1054-5-8 206 nomination 881 131 APPOINTMENT, promise of, see Promise of Appointment APPORTIONMENT, congressional 22-25 91 judicial Ch. 167 97 legislative 44 92 ARREST, for disturbing election 9276 305 of usurping officer 7973 296 ASSlfiMBLY, right of Const. 10 18 ASSESSORS, district, bond and oath 2126 222 election, term 2125 221 nomination 852 117 township, bond 4167 286 election, term 4087 278 ' ' village, in two counties 3938 268 ATTORNEY GENERAL, see Opinions of the Attorney General qualifications, term Const. 82 26 ^AUDITOR, '"' ' see County Auditor ^'~' see State Auditor '•Badges, '' •' '" not to be worn at polls 936 147 INDEX 395 Section Page BAIiLOTS, absent voters 994 182 marked how ........;............... 998 184 printed when 1003 186 assistance in marking when 988 180 candidates names in one column only 962 165 color 959 162 994 182 constitutional amendments 959 60 162 county seat, location 3208 227 removal 3236-39 229 delegates, elected by 898a 135 delivered how 965 169 deposited in ballot box 9fey 181 destroying, felony 9278 306 errors, how corrected &»0 177 evidence/ received in ...'.',....'. 1008 189 examination of lJ84 179 filed with county judge .: .. . . ICJOS 189 folded how . 985a 179 township 4147 283 form, agricultural extension work 2263 223 county, boundaries, changing 3201 225 building, bond issues 3459 238 commissioners, changing number 3260 231 division 3205 225 fairs, aid to 1874 219 dipping tanks, establishment of Ch. " 11 280 dissolution of village '.... . 3JK)3 266 general 959 162 highways, contract system 4266 291 purchase road machinery ,...,.... 1980 220 Micorporation of city ', . ... . . 3554 239 commission form 3773 250 return to old form 3839 259 village 3848 262 initiated ordinance 3836 257 initiative and referendum Const Art 26 46 non-partisan Ch. 117 121 primary 859 122 workhouse, establishment of 11320 311 fraudulent alteration 9256 302 furnished by county auditor 964 169 given to elector, how 985 179 1042 202 identification marks, prohibited 1042 202 n:2 4W STATE OF NORTH DAKOTA Section Page individual nominations, liow placed 959 162 ( > , municipal 903 137 O^j^ name omitted for failure to file expense statement 940 148 pa i names of nominees, new organizations 972 173 r-at r.i:i: placed 878 130 S:8I MX> 958 161 0^)1 non-partisan .^.^^^,,, Cli. 117 121 7'^^- not to be removed from polling place . . . . , Vj. 987 180 1042 202 not voted, returned to judge 1042 202 number prepared 964 169 rxj ^.^cial ballot only, counted 958 161 ^»0f: 8TL*' indorsement, failing to make 9279 306 TTr 0^i> forging 9279 306 ,;>; ^,',/ newspaper Ch. 187 150 party columns, how arranged , 963 166 posting of 966 170 prepared how 959 162 presidential electors, names how arranged 963 166 primary, arrangement of names 865 125 errors how corrected . . . . , .............. .^ 880 131 prepared how 864 125 presidential 910, 914 13T vacancies how filled 861 125 879 130 printed at public expense ....,,.,--.'........, ^ 957 161 questions, submitted how ...,,-..........,..., 959 162 received only by and from judges or inspector 1042 202 rotation of names, primary 865 125 nonpartisan Ch. 117 121 oflScial newspaper ^ Ch. 187 150 7t!-> to general ' 959 162 sample, posting of -..,..: 964 169 secret Const 129 3^ 1042 202 separate boxes for 968 170 . . ,. Ch. 254 155 spoiled v-Vf ^^'^ ^^ stickers, to fill vacancy '....,.,...... 978 177 use authorized 857 122 958-9 161 Ch. 117 121 time, allowed for marking 986 180 township meeting 4147 283 unstamped, not to be deposited 1039 201 INDBIX ' Section Page vacancies, how filled i^^,^^^, p,, . . . , 1)77 176 void, when ,^.;,^^^j.>^^^^^,^^..,y,^:;006 188 women, deposited in separate box v/kt(T M V ••••••• ^^ ^^ -ijoiDo O'-SS* 155 writing in names •••^«.... 857 122 'Vh"i^uz^. »58-9 161 BALLOT BOXES, ^^^^j^, <^"«tody of ••••••••wmMfilftfO.v 1008 18» destroying, felony ......,,,,.. „^^^^ft^^^^,^^,.^ 9278 306 examined ^.,^ .^^ ^j^^^^^. 084 179 provided how ...,^^„^f^>^, 968 170 separate for women 991 182 Ch. 254 155 BETTING, j>9Tir/p9i isdtnuti .aoij^ . disqualifies, election officers .-j^^^g^y^ .^f^^^^^mi 158 prohibited .'.... .\ . .\^^^^ , , 0252 801 BOARD OF CONTROL, . . oidj i , political activity prohibited ^^ly^*^\j^.^.^...^f,4... 268 98 BOARD OF COUNTY COMMISSIONERS, ,j .giaaffio see County Commissioners ^^^ BOARD OF RAILROAD COMMISSIONERS, Teinaiwi see Railroad Commissioners - .,o..f, BONDS. ^,^^ election for, auditorium, play grounds, etc 4016 272 county buildings .^.^^^^^^,,,. 3459 238 municipal .^^^^ji^.^ 3599 243 iir.ijj otom jon ni 4015 271 commission form ,3818 255 roads and bridges ^^^ j,^,^^, • * ^• v. 3747 248 park districts J 4059 274 townships ~,^.^^^„..,. 4254 290 villages ..,.♦•.... 4015 271 BONDS, OFFICIAL, additional, when required ,^^<,,,^^. ,, .,.,,,^^^^. ..^ v 674 107 amount of ..!.... ............^^,,,„ 663 104 approval ^ r--?v Mi^tf: ^2 100 > AOO H; ;«75 107 anoijuifrilno':) ^^1 111 assesor, district •.8a8y!9*I-XS-->fJ^126 222 ^^^^»^^P •&^9«wM • yt^nibn^-^A 4167 286 city officers .^^.j, ,^15 244 commission form ^^^^ ,.^^,^ 3791 253 anoiJi/diiiflOD eld Kill ?^^ 254 county commissioners 4^,^ 667 106 surveyor ......'.'.'.*.'.'.*.'.*.. .*.*.*^5. . . 3425 237 ^^^^^ • • • • -'/^'^^n^nVtat^ ^rm^ 105 39r STATE OF NORTH DAKOTA Section Page covers all duties 680 109 officers, acting without filing, penalty 9300 310 in new county 3207 227 required to give 660 99 official newspaper Cli, 187 150 park district treasurer, city 4058 273 village ' 4067 274 public administrator 3440 237 railroad commissioners 5Sl 99 secretary of state 131 98 stateauditor 142 98 state bonding act Ch. 158 101 state treasurer 156 98 sureties, number required 673 107 township, assessor 4167 286 clerk 4200 287 constable 4166 286 Justice of the peace 4161 285 officers, approved when 4188 287 where filed 670 107 treasurer 4165 285 village officers 3869 265 where filed 662 100 BOOTH, only one person in ~ . . . 986 180 provision for 990 181 remain in, not more than five minutes 986 180 BOYCOTT, threat of, prohibited 9273 305 BRIBERY, disfranchised for 9285 307 election officers 9284 307 electors 9250-1 301 for member of congress 10251a 88 governor Const. 81 26 member of legislature Const 40 1 CAMPAIGN CONTRIBUTIONS, see Contributions CAMPAIGN EXPENSES, see Expenditures, Limited CANDIDATE, candidacy bona fide 941 149 charitable contributions by 932 146 defined 195 53 eligibility 858 122 expense statements, federal 195 53 INDEX 399 Section Page state : 929 145 faUure to file 940 148 name in one column only 962 166 nomination, afiidavit and petition 853-4 117 Ch. 117 121 statements, city 902 137 publication of , 924 144 treating by, prohibited 934 147 CANVASS, absent voter's ballots Ch. 6, par. 4 187 abstract of votes, filed by secretary of state 877 130 1014 194 by coimty auditor 873 128 1009 llJl forwarded by county auditor, general 1013 194 primary 874 129- messenger sent for 1014 194 time of receipt indorsed 1032 199 baUots, void when 1006 1S8- caucus 899 135 city elections 3670 247 constitutional amendments and other questions 1025 1.97 errors, how corrected, general 1016 195 1031 199 primary 880 131 general 1005 187 1009 191 incori)oration of city 3554-56 239 commission form 3773 250 election after incorporation 3557 240 legislative districts composed of more than one county, general ; * 1010a 193 primary 875 129 method of counting votes 1005 187 neglect to, by county auditor 9439 310 oflScial newspaper vote Ch, 187 150 primary 869 127 public 1018 195 result, announced 1007 189 certificate of, general 1019 196 primary 877 130 returns, defective, how corrected 1031 199 how made 1008 189 publication of 1009 191 what, canvassed 1027, 30 19& township meeting 4150 283 STATE OF NORTH DAKOTA Section Page '^'^ " 'technicalities disregarded 1018 195 1029 198 1030 198 tie, see Tie Vote fUiinq bun nvninv village incorporation 3848 262 3935 267 women votes 869 127 991 182 CANVASSING BOARDS, county, general, how composed 1009 191 tU.i :;. meets when Jiaili, ,»»] 1009 191 ^•' *^i*^lmary, how composed 872 128 ?*4*r i:7^ meej;s when 872 128 presidential primary 911 138 state, general, adjournment 1017 195 <'i:: i :fc j^^^ composed , %*s*... ^^acalvf . • 1011 193 Hi I » rif jjj^^^g ^jjgjj ^ ^ ^ ^^^^^ ««jiiH»»sd» . . 1015 195 ^^^ member disqualified ... .iw«ia&ai jqift^^i .Jo *>«{>. . 1012 194 '^"' primary, how composed .ivrfw . |»i< 876 130 meets when 876 130 presidential primary ..,.,..•• .•,..^,,*,.s»/<,j,jt«^j:^. . 912 139 CAUCUS, "JHp T'jifto hira HjifMiihiitiina I^aoiJuli: conduct of -«««». worf .^•«. 899 135 delegates elected at 898a 135 list of voters 900 136 participation in more than one, prohibited 901 136 9293 308 ^•^ polls open when ^jyj, 4o. noiintoq^* 899 135 •^'- unlawful voting at , uiiujH, i«'*vv4 . . . . . 9293 308 <3t9RTIFICATE OF ELECTION, nolimoqjwal -miU u city oflScer^ . . ■. w v . u ♦*<. . . Vinx Jtw. bsts^^iituf*'* .i*l*.M-i t^A.. %, i t^i»> 3616 245 delegates ................ .4*;«i^«t?|j(.... 899 135 - form .it-WMH«f^.. 1023 197 ^""•^ issued by county auditor .^ai«tsfiu :^aiM)f> J^i ^•l .>j{>i 1020 196 ^^^ ' members of congress #M¥r^H* 4«i 1021 196 legislature „„r.^. 1024 197 '="' oflScial newspaper Ch. 187 150 '^-l' neglect to issue, penalty ^Viuaemi" 9439 310 ■*!' ^ presidential electors ^^dnaS. .lo <>4fi»aOv' • • • 1022 196 -7f;miui 1028 198 >^9h ,amf 1065 209 public administrator, filed with county judge 3440 237 CERTIFICATE OF NOMINATION, by conventions, .^♦f^ttVHK'* -^iBf^ 970 171 '^ by electors vw.it.-,.,, 971a 171 INDEX 401 Section Page by party committee 973 174 contain but one name for each office 972 173 false, filing or receiving J)279 306 suppressing t)279 306 void, if nominee declines ^ 976 176 when filed 973 174 where filed 971 171 CHALLENGE, affidavit of party challenged 990 181 by election board 956 161 by whom 990 181 for accepting intoxicating liquor 934 147 registration 1095 215 township meeting 4145 282 CHALLENGERS, may be employed 936 147 may stand at guard rail 990 181 CITIES. aldermen, inspector of election 951 158 number 3582 242 3610 244 qualifications 3585 242 term 3583 242 3611 244 vacancy, by removal from ward, 3675 248 how filled 3584 242 bond issues 3599 243 4014-15-16 270 council, designate voting places, when 950 156 how composed 3581 241 judge of election and qualifications of members 3586 243 debt limit, increase of 3599 243 4014 270 election canvass 3670 247 districts 3667 246 nonpartisan 902-3 137 officers 3670 247 separate boxes and poll books for each ward 3667 246 special 3673 248 time, after incorporation 3557 240 annual 3666 246 presidential years v 915 139 electors, who are 3668 246 incorporation 3552 239 froni unorganized territory 3556 240 402 STATE OF NORTH DAKOTA Section Page manager Cm. 80 259 mayor, qualifications 3565 241 term 3565 241 3611 244 nonpartisan nomination and election 902-3 137 officers, deliver property to successor 3616 245 enumerated 3610 244 oath and bond 3615 244 qualifications 3617-19 245 qualify when 3672 248 term 3611 244 commences 3674 248 park commission 405S 273 polling places, designated how 950 155 new wards 3984 268 registration 1104 218 3668 246 roads and bridges 3747 248 waterworks and fire apparatus 3990 269 CITIES, COMMISSION FORM, adoption of — ballots, form 3773 250 election 3771 249 notice of 3772 250 result certified to secretary of state 3779 251 bond issues 3818 255 commissioners, bond and oath 3791 253 how elected 3785 252 term 3786-88 253 debt limit 3818 255 election, biennial 3784 252 first, when held 3774 251 initiative 3836 257 officers, bonds 3807 254 enumerated 3783 252 oath 3806 254 qualifications 3787 253 recall 3835 256 referendum 3837 258 return to former system 3839 259 vacancies 3804-5 254 wards, boundaries how changed 3782 251 CITIZENS, not electors, rights and duties 20 90 repatriation 4352 (12) 70 INDEX 405 Section Page right to vote U. S. Const. Art. 15 U 19 12 who are 13 89 U. S. Const. Art 14 11 3946-7 60 3962 62 4352 (8) 68 CITIZENSHIP, see Naturalization forfeiture, by desertion 3952 61 by evading draft 3954 61 by marrying foreigner . , 3960 62 CLERK OF DISTRICT COURT, bond 663 104 docket of county justice filed with 9014-15 300 election, term 3257 230 Const. 108 28 Const 173 36 names of constables filed with 4201 288 names of justices of the peace filed with 4202 288 naturalization duties, see Naturali2:ation COMMISSIONER OF AGRICULTURE AND LABOR, qualifications, term Const. 82 26 COMMISSIONER OF INSURANCE, qualifications, term CoAst. 82 26 COMMISSIONERS OF RAILROADS, see Railroad Commissioners CONGRESS, see House of Representatives, United States see Senate, United States date of Assembling Art. 1, § 4 8 determine time of choosing presidential electors Art 1, § 1 9 elections, time, place and manner Art. 1, § 4 8 naturalization laws enacted by Art. 1, § 8 9 CONGRESSIONAL DISTRICTS. apportionment 22-25 91 U. S. 17-18 52 CONSTABLES, bond 660 99 663 104 4166 296 county, election, term 3257 230 township, election, term 4087 278 names of filed with clerk of court 4201 288 oath of ofl5ce 4159-60 285 4166 286 404 STATE OF NORTH DAKOTA Section Page CONSTITUTION, STATE, election provisions 17 amended how 202 38 Art. 16 45 Art. 28 49 amendments, advertised hov7 979 177 Art 26 46 ballots, form of 959 162 printed how 960-61 165 Art. 26 46 canvass 1025 197 record of result 1026 197 officers bound to support 211 41 CONSTITUTION, UNITED STATES, election provisions 7 officers bound to support Art. 6 10 St. 211 41 supreme law of land U. S. Art. 6 10 CONTEST, answer 1047 204 appeals, 1054-55 206 nomination 881 131 brought by whom 1048 204 congressional 53 corrupt practice 943 149 costs, surety for 1053 206 county seat removal 1051 205 legislative adjournments 1085 212 answer 1071 210 depositions, non-residents 1080 212 notice to take 1073 211 I taken without notice 1076 211 determined by house 33 92 expenses, not paid by legislature 1089 213 fees 1088 213 notice 1070 210 to take depositions 1073 211 record, transmitted to secretary of state 1086-87 212 subpoena 1075 211 duces tecum 1084 212 served how 1077 211 testimony, confined to issue 1082 212 reduced to writing 1083 212 taken when 1072 210 only two places at once 1074 211 INDEX 405 Section Page witnesses, attendance compelled only in county 107S 211 examination of 1081 212 failure to attend 1079 211 nomination 881 121 notice 1046 203 county seat removal 1051 205 presidential electors appearance by parties 1063 208 failure to appear 1066 209 application to state grounds 1061 208 brought by whom 1060 208 costs, security for 1061 208 taxation of 1067 210 court, how composed 1059 207 determination of board 1065-68 209 mileage and per diem 1064 209 notice 1062 208 procedure 1063-64 208 procedure 1050 205 1057-58 207 remedies cumulative 1056 207 testimony, how taken 1050 205 trial 1049 204 by referee 1052 206 village election 3855 264 vote rejected 934 147 when to be conmienced 943 149 nominations 881 131 CONTRIBUTIONS, by candidate, charitable 932 146 party committee 932 146 by corporations, prohibited 933 147 9295 ;309 advising 9298 310 federal 10251 87 by life insurance companies, prohibited 4858 293 for illegal purposes 9255 302 limited, federnl 195 (7) 55 state 923 143 928 143 CONVENTIONS, certificate of nomination 970 171 election of delegates to S98a 135 mass, number of electors 971a 171 national, election of delegates 910 137 expenses and oath of delegates 916 140 406 STATE OF NORTH DAKOTA Section Page nominations by 901a 136 proxies, use of 9294 309 CONVICT, voting by misdemeanor 9264 303 CORPORATIONS, see Contributions CORRUPT PRACTICE, federal acts forbidden 195 (6) 55 candidate defined 195 (1) 53 contributions by corporations 10251 87 exceptions 196-7 57 expenditures, limited 195 (7) 55 penalty 198 57 state laws, not annulled 195 (11) 56 statement, contents of 195 (5) 55 filed 195, (2), (3), (4) 53 verification 195 (10) 56 state, attendance at polls, payment for prohibited 936 147 badges, not ot be worn at polls 936 147 campaign expenses, contributor's names 930 146 limited, general 928 145 primary 923 143 candidacy must be bona fide 941 149 contributions, by candidates 932 146 by corporations 933 147 0295 309 by life insurance companies 4858 293 contest, commencement 943 149 editorial support, purchase 937 148 electioneering on election day 939 148 1042 202 expense statement, filed 929 145 failure to file 940 148 forfeiture of office 942 149 penalty 944 150 political activity, institutional officials 268 98 political advertising, labeled paid 937 148 rates for 938 148 promises of appointment 931 146 transportation of voters to polls 936 147 treating 934 147 COUNTIES, boundaries, change in Const. 168 84 3199 224 INDEX 407 Section Page baUot, form of 3201 225 election, how called 3204 225 notice 3200 225 limitation 3202 225 township officers hold over 3201 225 districts, county commissioners, how formed 3261 232 redistricting 3262 232 in which located 91 division 3205 225 county seat how located 3208 227 election governed by general law 3210 227 justices and constables hold over 3207 227 established Const. 166 33 organization of Const. 167 33 workhouse, how established 11319 311 COUNTY AUDITOR, absent voters applications J996 183 ballots, sent how 997 183 care of 999 184 furnished when 1003 186 abstract of votes, transmitted by 1013 194 primary 874 129 addresses of voters, furnished by 927 145 ballots, columns arranged by 963 166 delivered how 965 169 furnished by 964 169 presidential primary 914 139 bond 663 104 bonding act duties Ch. 158 101 canvass votes 1009 191 primary 872 128 legislative districts, more than one county 1010a 193 primary 875 129 certificate of election issued by 1009 191 official newspaper Ch. 187 150 certify names and addresses of county officers 1013 194 result of vote on county division 3206 226 compensation of election officers 1009 191 county seat removal, statement filed 3238 229 election 3257 230 duties 3374 236 supplies, furnished by 964-5 169 returns, filed 1008 189 primary 870 127 not rejected on technicality 1029 198 406 STATE OF NORTH DAKOTA 1 Section Page j expense statements filed 929 145 , failure to canvass returns, make abstracts, etc 9439 310 i instructions, printed by 966 170 , nomination, petition filed 854 118 \ official newspaper Ch. 187 150 j notify governor of vacancy in legislature 1033 199 \ nominees 873 128 ^ precinct committeemen 889 133 j party organizations, confiicting claims 972 173 : party registration 918 142 ; poll books, furnished by 967 170 ^ publish, constitutional amendments 979 177 •■ election notice 982 178 ■ findings of canvassing board, primary 873 128 « general 1009 191 j list of officers to be nominated 866 126 ' names of candidates for nomination 921 143 ' nominations 975 175 ) qualifies when 678 108 redistricting board 3262 232 | register, filed with 1098 217 ] of persons in military service Ch, 6 186 I registration supplies, furnished by 1103 218 ■ party 918 142 \ statement canvassing board, filed with 873 128 j tally books, furnished by 868 127 ^ term 3257 230 ; Const. 173 36 j begins 3505 238 j tie vote 1010 193 .^ member legislature 1009 191 J township dissolution 4278 293 ^ village election, statement filed 3856 265 1 COUNTY COMMISSIONERS, : appoint district assessor, when 2125 221 ' inspector, unorganized township 9.52 160 . justices and constables, when 3258 231 | officers in new county 3207 227 ; township officers, when 4155 284 I ballot boxes, provide 968 170 a bond 667 106 j county seat, located by 3208 227 | removal contest 1051 205 a county surveyors bond, fixed and approved 3425 237 | districts, how formed 3261 2.32 | INDEX 409 Section Page election 3257 230 incorporation of unorganized territory 3556 240 new county, appointed by governor 3206 226 nomination 852 117 number Const. 172 35 3257 230 how changed 3260 231 submit questions, changing county boundaries 3199 224 3204 225 county division 3205 225 county seat location 3208 227 removal 3233 22S extraordinary outlay 3280 234 increased jurisdiction county court 8926 299 term Const. 172 35 3261-64 232 township organization 4072 275 division 4080 277 vacancies, how filled 697 114 filled by 696 113 village incorporation 3844 262 territory in two counties 3934 267 voting districts, establish 950 156 places, designate 950 156 COUNTY COMMITTEE, see Party Organization COUNTY COURT, established Const. 110 28 increased jurisdiction Const. Ill 28 8926 299 judge of bond 663 104 bond of public administrator filed 3440 237 custody of ballots 1008 189 election 3257 230 qualification Const. Ill 28 term Const. 110 28 Const. 173 36 COUNTY FAIRS, purchase of land for Ch. 102 -220 tax for , 1874 219 COUNTY OFFICERS, bonds 663 104 state bonding act Ch. 158 101 constitutional 173 36 election of 3257 230 410 STATE OF NORTH DAKOTA Section Page name and address, certified by county auditor 1013 194 nominations 852 117 Cli. 117 121 term, begins when 677 108 COUNTY SEAT, location of 3208 227 removal, ballot, how marked 3236 229 constitutional provision 169 34 contest 1051 205 election, held how often 3239 230 notice 3235 229 primary 3239 230 petition for 3233 228 subsequent removal 3240 230 statement of result 3238 229 when deemed changed 3237 229 when submitted 3234 229 COUNTY SUPERINTENDENT OF SCHOOLS, bond 663 104 election 1121 219 3257 230 qualifications 1122 219 term Const. 150 33 1121 219 COUNTY SURVEYOR, bond 3425 237 election 3257 230 term 3425 237 COUNTY TREASURER, bond 664-5 105 election 3257 230 eligible for two terms only Const. 173 36 3259 231 qualifies when 678 108 CRIMES AGAINST ELECTIVE FRANCHISE, see Corrupt Practice act, applies to questions submitted 1)290 308 not applicable when 9289 308 attendance at polls, payment for 9255 302 ballot, alteration of 9256 302 destroying 9278 306 oflBcial indorsement, failing to make, forging 9279 306 betting 9252 301 boycott, threat of 9273 305 bribery— elector 9250 301 INDEX fll Section Page election officer 9284 307 penalty, disfranchisement 9285 307 caucus, unlawful voting at 9293 308 certificates, defacing, destroying or concealing 9283 307 of nomination, false 9279 306 challenge, failure of judge to 9282 307 to require oath 9282 307 contributions by corporations 9295 309 advising 9298 310 for illegal purposes 9255 302 convicts, voting by 9264 303 deception 9250 301 defrauding elector 9256 302 destroying ballots or boxes 9278 306 supplies 9280 306 disobeying election officer 9274-76 305 disturbance, creating 9275 305 double voting 9258 302 election defined 9287-90 307 officer, influencing voter 9250 301 falsely canvassing or certifying 9283 307 felons, voting by 926i 303 force 9250 301 9272 305 influencing voter 9250-51 301 illegally rejecting vote 9282 307 instructions, defacing 9280 306 intimidating electors 9272 305 intoxicating liquor 9292 308 irregularities, no defense 9288 308 mutilating election returns 10076 311 nomination cetrificates, destroying making or filing false, suppressing 9279 306 obstructing elector 9257 302 office, offer of 9253 302 communicating 9254 302 poll lists, destroying 9278 306 false ' 9281 306 proxies, regulating 9294 309 public meeting, disturbing 9269 304 preventing 9270 304 attendance at 9271 304 registration, false statements 9267-68 304 personating registered voter 9266 304 unauthorized 9265 303 412 STATE OF NORTH DAKOTA Section Page : threats 9250 9272, 73, 75 votiiig, by convict 9264 double 9258 unlawfully at town meeting 9263 unqualified 9259 advising 9261 procuring 9260 wrong precinct 9262 DECLARATION, of intention to become a citizen 4352 ( 1 ) of rights Const. 1 24 DEBT LIMIT, cities 3599 political subdivisions : Const. 183 Art. 35 township 4253 DEFINITIONS, election 9287 measure Art. 26 DELEGATES, election of, at caucus 898a national 910 - 916 DESERTION, forfeiture of citizenship 3952 DIPPING TANKS, how established Ch. Ill DISFRANCHISEMENT, for bribery 9285 DISTRICT JUDGES, election Ch. 117 not to act as attorney Const. 117 not eligible to non-judicial office Const. 119 qualifications Const. 107 term Ch. 167 Const. 104 DISTRICTS, assessor '. 2125 commissioner 3261-63 congressional 22-25 counties located in which election 950 city : 3667 township 4271 judicial Ch. 167 INDEX 413 Section Page legislative 44 92 DRAFT. evasion of, forfeits citizenship 3954 61 foreigner, release from 2044b 85 EDITORIAL SUPPORT, purchase of prohibited 937 148 ELECTION, city, adoption manager plan Ch. 80 259 when held 3666 246 commission form, when held 3784 252 initiative and referendum 3836-38 257 day— holiday, 7297 294 process not to be served 1044 202 defined 9287 307 freedom of 3965 63 general, when held Const 124 32 946 151 initiative and referendum Art. 26 46 recall Art. 33 49 township, when held 4086 278 village, when held, 3851 263 ELECTION LAWS, federal 52 state 89 ELECTION OFFICERS, assist elector in marking ballot 988 180 bribery of 9284 307 canvass, votes 1005 187 city 3670 247 compensation 1009 191 1045 203 depositing unstamped ballot 1039 201 disobeying 9274 - 76 305 electioneering prohibited 1042 202 failure to appear 952 160 influencing voter 9250 301 interference with 9275 305 misconduct of 9282 - 83 307 oath 954 160 official duty, failure to perform 1041 201 rejecting legal vote, penalty 1040 201 who disqualified 951 158 clerks. appointed how 953 160 city election 3557 240 414 STATE OF NORTH DAKOTA Section Page poll lists, kept by 955 making false 928. primary 871 registration 109 qualification 96S inspectors announce result of canvass 1007 appointed how 951 unorganized township 952 ballots, absent voters, sent to 1000 delivered to 965 given to elector by 985 posting sample 964 stamping 985 unstamped not collected 1039 booths, provided by 990 challenge, duty to 956 failure to 9282 to require oath 9282 examine ballots and box at opening of polls 984 party enrollment books, delivered to 919 poll books, delivered to 967 proclaim time of closing 983 registration, member board of 1090 returns, made by 1008 unorganized township, post election notice 922 village incorporation election 3847 vote, illegally rejecting 1040 9282 voting places, designated by, when 950 who are, ex oflScio 951 judges, appointed how 951 ballots, aflSx stickers, when 978 deposit in box 989 received from and given to 985 1042 stamping 985 unstamped not deposited 1039 challenge, duty to 956 failure to 9282 city election 3557 3670 falsely canvassing or certifying 9283 I)Ost instructions 966 presidential primary 915 INDEX 415 Section Page registration, member of board 1090 213 require elector to vote party ballot 919 142 statement filed with returns 870 127 vote, rejecting illegally 1040 201 ELECTION SUPPLIES, ballots 957 161 presidential primary 914 139 ballot boxes • 968 170 blanks for returns from county auditor 969 170 booths 990 181 destroying, penalty 9280 306 furnished how 964-7 169 instructions 966 170 poll books 967 170 registration 918 142 tally books 868 127 ELECTIONEERING, on election day prohibited 939 148 1042 205 name of preferred candidate not to be divulged at polling place 988 180 ELECTORS, assisted in marking ballot, when 988 18( bribery of 9250 301 offers of office 9253-54 302 city 3668 246 defrauding 9256 305 disqualified, by accepting drink 934 Ml educational test Art. 2 42 eligible to office 19 90 intimidating 9272 305 list of, in military service Ch. 6 186 obstructing 9257 302 powers of township meeting 4088 279 privilege from arrest, when Const. 123 31 registration 1090 213 non-registered vote how 1096 216 residence 14 89 Const. 125-6 32 Art. 36 51 voting, double 9258 302 manner of 985a 179 right to vote 3966 63 Art. 15-19 12 416 STATE OF NORTH DAKOTA Section Page unqualified 0259 303 who are 948 15S 950 155 constitutional 121 30 Art. 2 42 Art. 37 51 city 3668 246 for increasing municipal debt limit 4014 270 women Art. 37 51 U. S. 19 13 for certain oflficers Const. 128 32 Ch. 254 155 991 182 ELECTORS, PRESIDENTIAL, certificate of appointment 205 58 1022 196 certificates by 207 - 11 59 compensation 1038 201 ■ contest 204 58 1059 207 how chosen Art. 2, Sec. 1 9 946 151 meet when 1037 200 messenger, mileage 213 60 names arranged on ballot how 963 166 nomination 910 137 number Art. 2, Sec. 1 9 200 57 proclamation of election 1028 198 qualifications Art. 2, Sec. 1 9 time of appointment 199 57 202 57 vacancies, how filled 201 57 1037 200 votes, how cast Amd. Art. 12 10 203 57 206 59 ENGLISH, knowledge of, requisite to naturalization 4364 73 EXPENDITURES, LIMITED, congressional elections 195 53 general 928 145 primary 923 143 FAIRS, county, tax for 1874 219 INDEX 417 Section Page purchase of land by county Ch. 102 220 township aid Ch. 261 279 FEES, filing nominating petition S53-5 117 legislative candidate 885 133 naturalization f. 4352 (7) 66 4372 75 4377 79 FELON, voting by, misdemeanor 9264 303 FORFEITURE, of citizenship, for desertion 3952 - 54 61 by marrying foreigner 3960 62 for avoiding draft 3954 61 of oflice, acting without qualifying 9300 310 corrupt practice 942 149 FORMS, See Ballots See Oath of Office affidavit of absent voter 997 183 of candidate for nomination 853 - 5 117 of witnesses, naturalization 4382 82 application for absent voters ballot 995 182 certificate of election 1023 197 naturalization 4382 83 nomination 970 171 declaration of intention 4382 80 party registration 917 140 petition for naturalization 4382 81 nomination 853 - 6 117 city 902 137 non-partisan Ch. 117 121 FREE LIBRARIES, how established 4007 270 FREEDOM OF ELECTIONS, interference with prohibited 3965 63 GENERAL ELECTION, See Election GOVERNOR, appoint commissioners in new county 3206 226 bribery of Const. 81 26 certificates of election, signed by, 1021- 23 196 election of Const. 74 25 impeachment Const. 196 38 presidential electors, certify appointment of 205 58 deliver certificates to 1065 209 418 STATE OF NORTH DAKOTA Section Page proclamation of result 1028 198 qualifications Const. 73 25 special elections, called by 1033- 34 199 Const. Art. 26 46 term i Const. 71 25 vacancies, filled by Const. 78 25 696 113 1033- 34 199 supreme court Const. 98 28 veto power, does not extend to measures submitted to electors Art. 26 46 GREAT SEAL Const. 207 40 HIGHWAYS, contract system 4266 291 purchase of road machinery 1980 220 4269 292 HOLIDAYS, election day 7297 294 HOUSE OF REPRESENTATIVES, STATE, See Legislative Assembly HOUSE OF REPRESENTATIVES, U. S., apportionment, state 22-25 91 choose president, when Amd. 12 10 composed how Art. 1, Sec. 2 7 election, how regulated Art. 1, Sec. 4 8 expense statements of candidates 195 (2) (4) 53 judge of election and qualification of members .... Art. 1, Sec. 5 8 members, elected by districts 17 52 representatives at large, when 18-19 52 how Art. 1, Sec. 2 7 when 21 52 946 151 ineligible to certain oflSces Art. 1, Sec. 6 8 qualifications of Art. 1, Sec. 2 7 qalifications of electors Art. 1, Sec. 2 7 time of election 21 52 946 151 vacancies how filled Art. 1, Sec. 2 7 23 53 1033 199 votes, how cast 24 53 IMPEACHMENT, by house Const. 194 37 tried by senate 195 37 who subject to 196 38 INDEX 419 Section Page INDIANS, citizens 3951 60 jurisdiction over lands of Const. 203 39 who may vote Const. 121 30 Art 2 42 Art. 37 51 948 152 INITIATIVE, state Art. 15 43 Art. 26 46 applied to constitutional amendments Art. 16 45 Art. 28 49 cities under commission form 3836 257 INSPECTORS OF ELECTION, See Election OflBcers INSTRUCTIONS, defacing, penalty * • 9280 306 posting 966 170 INTOXICATING LIQUOR, giving or accepting prohibited 934 147 selling or giving on election day 9292 308 vote rejected, for accepting 934 147 JUDGE OF ELECTION, See Election OflBcers JUDGES, of county court, see County Judge. of district court, see District Judge of supreme court, see Supreme Court Judges JUDICIAL DISTRICTS, established ^ Const. 104-6 28 Ch. 167 97 JURISDICTION, Indian lands Const. 203 39 military reservations 204 40 naturalization Const. Art. 1, Sec. 8 9 4351 63 JUSTICES OF THE PEACE, additional when 3258 231 authorized Const. 112 29 bond 660 99 663 104 city 3610-11 244 county, docket where deiwsited 9014-15 300 election 3257 230 legislature, may abolish Const. 112 29 office, where kept 9003 30O 420 STATE OF NORTH DAKOTA ^— _____ _ I Section Page ' right to hold oflSce upon organization of new county 3207 township, bond and oath 4161 election, term 4087 vacancies, how filled 4173 LEGISLATIVE ASSEMBLY, apt)ortionment Const. 29 Const. 35 Const. 44 constituted how Const. 52 contests 33 1070 districts, how formed Const. 29 how numbered Const. 30 each house, judge of election and qualifications of member 33 Const. 47 elect governor and lieutenant governor, when Const. 74 house of representatives, impeachment by Const. 104 members, number Const. 32 qualifications Const. 34 term Const. 33 meeting of, when and where Const. 53 members, bribery of Const. 40 certificate of election 1024 nomination 852 not eligible to certain offices Const. 39 qualifications Const. 37, 38, 47 resignations 684 term begins Const. 41 senate, *" classification Const. 30 impeachment, tried by Const. 195 number Const. 26. 29 qualification Const. 28 term Const. 27 vacancies, how filled Const. 44 1033-35 LEGISLATIVE POWER, where vested Const. 25, Art. 15 Art. 26 LIBRARY, free, established 4007 ! LIEUTENANT GOVERNOR, act as governor, when Const. 72 INDEX 421 Section Page election of Const 74, 25 qualifications Const. 73 25 term Const. 72 25 LIFE INSURANCE COMPANIES. political contributions by 4858 293 MANDAMUS, to compel admission to oflSce 8457 297 MAYOR, election, term 3610-11 244 qualifications, term 3565 241 vacancy, how filled 3566 241 MILITARY RESERVATIONS, jurisdiction over Const. 204 40 MUNICIPAL CORPORATIONS, See Cities see Townships see Villages organization under general law Const, 130 33 NATIONAL COMMITTEEMAN. how elected 910 137 NATURALIZATION, Africans 4358 72 alien seamen, deemed citizens when 4352 (8) 68 soldiers and sailors 4352 (7) 66 aliens, exercising rights of citizens 4352 (10) 69 returning to native country 4374 77 anarchists, not to be 4363 73 blanks, how furnished 4351 63 Cfiucellation of certificate 4374 77 character of applicant 4352 (4) 65 children 4367 74 Chinese, not to be 4359 72 citizenship text book 4352 (9) 69 clerk of court, duties 4371 75 3387 236 crimes 4375 78 4379 79 10242 85 10249 87 declaration of intention 4352(1) (7) (10) (11) 64 effect of withdrawal 2044b 85 non<-itizens, owing allegiance 4366 73 form 4382 80 declaration to support constitution and laws 4352 (3) 65 English, knowledge of, required 4364 73 fees 4372 75 422 STATE OF NORTH DAKOTA Section Page fees, not charged when Filipmos 4352 (7) forms 4382 Hawaiian Islands 4361 hearing 4368 United States representatives at 4370 jurisdiction 4351 laws enacted by congress Const. Art. 1, Sec. 8 minors 4352 (6) , 4365 4367 name may be changed 4354 negroes 4358 penalties 4375, 4379 . 10242, 10249 petition 4352 (2) final hearing on 4368 form * 4382 notice of filing 4353 not to be heard during 30 days preceding election 4354 exception 4352 (7) time for filing 4354 polygamists, not to be 4363 Porto Ricans 4352 (7) records 4373 (13) residence 4352 (4) 4361 4366 4369 repatriation 4352 (12) United States representative at hearing 4370 widows 4352 (6) 4365 NEWSPAPER. oflicial, election Ch. 187 political advertising 037-8 NOMINATION. by convention 901a by electors 971a law not repealed 884 by new organizations not prohibited 972 by rival party organizations '. 972 by stickers 857 certificates of, see Certificates of Nomination. false, making, filing or receiving 9279 INDEX 423 Section Page certified to county auditor 920 143 974 175 liow , 970 171 contest 881 131 for more tlian one office prohibited 972 173 individual, liow made 971a 171 how placed on ballot 959 162 non-partisan Ch. 117 121 municipal 902 137 participation in, of more than one person for each office prohibited 972 173 partisan 851 116 petition, form 853-5 117 presidential electors 910 137 publication of 975 175 failure, does not invalidate, when 977 176 publicity pamphlet 924-5 144 suppressing:, felony 9279 306 U. S. senator 863 125 vacancy, how filled 979 130 977-8 176 void if nominee declines 976 176 NONPARTISAN, county, judicial, school Ch. 117 121 municipal 902 137 NOTICE. caucus 898a 135 city election 3666 246 bond issues 3599 243 4015 271 4018 272 road and bridge 3747 248 incorporation 3553-56 239 first after 3557 240 commission form 3772 250 filling vacancy 3673 248 recall 3835 256 contest 1046 203 legislative 1070 210 nomination 881 131 presidential electors 1061-62 208 county .seat removal 3236-37 229 election 981 178 changing county boundaries 3200 225 county buildings, bond issues 3459 238 county seat removal 3235 229 extraordinary outlay 3281 234 424 STATE OF NORTH DAKOTA Section Page- increased jurisdiction, county court. 8026 299 park district, bond issues 4059 274 nominees, to 873, 5, 7 129 officers elected, to city, 3672 248 township — 4154 284 to be nominated 866 126 primary election 921 143 posting of 922 143 presidential 914 139- tie vote, determination of 883 133 township, annexing territory 4073 275 dissolution 4277 292 division 4080 277 meeting, annual 4086 278 first 4075 276 special 4139 281 village election 3850 263 dissolution 3903 26^ incorporation 3845 262 territory in two counties 3934 267 OATH OF OFFICE, assessor 2126 222: city commissioners 3791 253 city officers 3615 244 commission form 3806 254 constable 4166 286- constitutional >.... 211 41 court, presidential elector contest 1059 207 election officers 954 160^ indorsed on bond 661 100 justice of the peace 4161 285 national delegates 916 140 park commissioner 4058 273 village 4067 274 public administrator 3440 287 railroad commissioners 581 99 township officers 4159 285 village officers 3858 265 OFFICE, offer of, to influence vote " 92.53-4 302^ usurping or falsely assuming 9802 310 where kept 706 115 justice of the peace 9008 300 OFFICERS, acting without qualifying, misdemeanor 9800 310' action against usurping 7971 295- INDEX 425 Section Page admission to office, by mandamus 8457 297 allow use of buildings and parks for public meetings.. Ch. 191 150 bonds, see Bonds, Official bound to support constitution Art. 6 10 Const. 211 41 city 3610 244 under commission form 3783 252 county 3257 230 deliver public property to successor 682 111 695 113 3870 266 4238-41 288 disabilities Art. 14 12 election, see Election officers eligibility, in general 19 90 impeachment Const. 196 38 list of those to be nominated 866 126 municipal, nonpartisan election 902 137 oath, see Oath of Office omitting to i)erform duty 9432 310 qualify, when 678 108 failure to 679, 683 109 canvassing votes not polled at established precinct 1030 198 contest, failure to obey subpoena 1079 211 contribution, by corporations 10251 87 9295 309 by life insurance companies 4858 293 corrupt practices act, federal 198 57 state 935 147 944 150 crimes against elective franchise 9250-51 301 depositing unstamped ballot 1039 201 destroying registration list 1091 214 destroying, supplies, lists 9280 306 double voting 9258 302 electioneering on election d ly 939 148 1042 202 expense statement, failure to file 929 145 failure to perform official duty 1041 201 9432 310 to file docket, with clerk of court 9015 300 of election officer to obey subpoena of cnvassing board 1031 199 false certificates, making 9279 306 forfeiture of office, for corrupt practice 942 14' » forging official indorsement 9279 30{; 426 STATE OF NORTH DAKOTA Section Page intimidating electors 9272 305 intoxicating liquor, selling or giving away 9292 308 mutilating election returns 10076 naturalization laws 4375-79 10242-49 participation in more than one caucus 901 perjury 990 proxies, unlawful use of 9294 refusing use of public buildings and parks for public meeting Ch. 191 to deliver records 7976 removal Const. 197 for political activity 268 township 4087 village 3854 OFFICIAL NEWSPAPER, election of Ch. 187 150 OPINIONS OF THE ATTORNEY GENERAL. absent voters act 83 84 374 applies to presidential primary 44 345 betting 108 392 candidate, see nomination eligibility at time of election 12 326 for two offices 79 371 moving from one precinct to another 13 326 name in one column only 74 368 right of appointee of bo;'rd of control, to be 14 327 canvass 85 375 85a 375 86 375 challengers 81-82 372 constitution, how revised 10 320 corrupt practice act 53-64 352 contributions and expenditures 54-55 352 61-63 357 filing expense statements 59-60 356 64 360 political advertising plate matter 53 352 transportation of voters 57 355 county court, petition for increased jurisdiction 106-107 391 country treasurer, term, four year limitation 4-9 315 election of officers, party representation 68 362 election supplies, how furnished 71 365 inspectors, appointed by city commissioners '43 344 legislators, eligibility to office created during term ........ 3 314 holding other office ; 1-2 312 municipal elections, city 88-94 379 INDEX 427 Section Page official ballot 32 338 35 338 36 338 38 338 polls open when 93 382 village 95-98 385 nominations, affidavit provision unconstitutional 16-18 328 candidate need not be eligible at date of primary 16 328 fee provision unconstitutional 19-20 330 24 333 individual, how placed on ballot 69-70 363 number of signers 74 368 principles, statement of 75-76 369 qualifications of signers 78 370 sufficiency of i)etition 73 367 time for filing 72 366 77 369 municipal 30-38 337 petition, number of signers in each precinct 21 331 no party votes 22 332 74 368 nonpartisan 23 332 27 334 time for filing 17 329 to fill vacancy 24-25 333 notice of election, removal of county seat 87 378 official newspaper, ballot 65 361 party registration, cannot be changed 49, 51 349 person in district, not registered cannot vote party ballot 48, 50 348 police magistrate, city under commission form 94 384 precinct committeeman, names not printed on ballot 29 337 precincts, city 67 362 village 66 361 presidential primary 39-47 342 absent voters law applies 44 345 candidates, file expense statement 45 346 petition, form 46 347 delegates, how elected 41 343 47 347 entitled to expenses when 42 344 petition number of signers 45 346 43 344 notice, liow given 39 342 election board 40 342 parties entitled to ballot 44 345 STATE OF NORTH DAKOTA Section Page polling places 40 342 registration 44 345 publication, initiative and referendum 80 371 publicity pamphlet, candidates statement 52 351 referendum petitions, when filed 11 325 sheriff, term, four year limitation 4-9 315 township, officers, term 100-101 387 special meetings 103-104 389 tie vote 105 390 village residents, not electors 99 387 not eligible to office 102 389 vacancies, alderman moving from ward 15 327 non-i)artisan ballot 26 334 28 335 village, election of trustees 95-98 385 PARK COMMISSIONERS, city, 4058 273 village 4067 274 PARKS, used for public meetings Ch. 191 150 PARTY COLUMNS, how arranged on ballot 963 16& PARTY ORGANIZATION, caucus and conventions 398a 135 county committee 890 134 chairman, member canvassing board 872 128 nominate judge of election 951 158 sign notice of caucus 898a 135 fix basis of representation 898a 135 national committromiii rnd del< ?;tos 910 137 platform, how adopted 890 134 precinct committeeman 889 133 state committee, chairman, member of canvassing board 876 130 usage and custom prevails 898 135 vacancies, how filled 879 130 PARTY REGISTRATION, how made 917 140 when, on primary day 919 142 PENALTIES, absent voters law 1004 186 bribery 10251a 88 9250 301 9284, 85 307 registration, illegal 1102 218 false statements 1097 217 unauthorized 9265 30a INDEX 429 Section Page personating registered voter 9266 304 rejecting legal vote 1040 201 township clerk, failure to file names of constable and justice of the peace 4203 288 officer, acting without qualifying 41^9 286 usurping office 7979 297 violating election laws, general 1042-43 202 voting, unqualified 9250-60 303 at caucus 9293 308 PEOPLE, who are 12 89 PETITION', change in county boundaries 3199 224 4204 225 number of county commissioners 3260 231 cities, candidates for office 902 137 incorporation 3552 239 3556 240 commission form 3771 249 return to old 3839 259 road and bridge 3747 248 city manager Ch. 82 59 constitutional amendment Art. 28 49 county commissioners districts, redistricting 3262 232 division 3205 225 seat, location 3208 227 removal 3233 228 3240 230 increased jurisdiction, county court 8926 299 initiative Art. 26 46 city, commission form 3836 257 naturalization 4352 64 4354 72 form 4382 81 nomination 853-6 117 municipal '. 902 137 non-partisan Ch. 117 121 presidential primary 910 137 public meetings, use of public buildings or parks Ch. 191 150 recall Art. 33 4? city, commission form 3835 256 referendum Art. 26 46 city, commission form 3837 258 right of Const. 10 18 special election 3374 236 township organization 4072 275 430 STATE OF NORTH DAKOTA Section Page division 4080 277 dissolution 4277 292 village incorporation 3843 262 territory in two counties 3934 267 dissolution 3903 266 PLATFORM, adopted by state committee 890 134 PLURALITY, See Votes POLICE MAGISTRATE, authorized Const. 113 2{ election, term 3(>10-11 244 POLITICAL ADVERTISING, labeled paid 937 14c' rates for 938 148 POLITICAL INFLUENCE, by board of control or appointees 268 9^ POLITICAL POWER, inherent in the people Const. 2 17 POLL BOOKS, contents, delivery of 967 170 POLL LIST, caucus 0293 308 destroying 9278 306 false 9281 306 general 955 161 primary 871 127 registration 1091 214 1097 217 township 4148 283 POLLING PLACE, designated, how 950 155 by city council 3666 246 3984 268 entrance, not to be obstructed 1042 202 township, divided 4081 277 meetings 4086 278 POLLS, OPEN WHEN, caucus 899 135 city 3666 246 commission form 3784 252 general 983 179 primary 869 127 presidential 915 139 township 4143 282 village, annual 3852 264 INDEX 431 Section Page incorporation 3846 262 POOR FARM, established how ....... 2529 224 POUNDS, township 4249 290 PRECINCT, formed how 950 155 in cities 3667 246 townships 4081 277 4271 292 villages in two counties 3934 267 PRECINCT COMMITTEEMAN, elected how 889 133 PRESIDENT, candidate, name on ballot 963 166 nomination of 910 137 election Art. 12 10 oath of office Art. 2, Sec. 1 9 qualification Art. 2, Sec. 1 9 term Art. 2, Sec. 1 9 PRESIDENTIAL ELECTORS, See Electors, Presidential PRESIDENTIAL PRIMARY, election of delegates 910 137 PRIMARY ELECTIONS, see Ballots see Petition see Publicity Pamphlet campaign expenses limited 923 143 county seat location 3208 227 removal 3239 230 eligibility of candidates 858 122 errors how corrected 880 131 held when 852 117 intent of act 851 116 list of officers to be nominated 866 126 must vote party ballot 859, 860 122 915 139 919 142 non-partisan Ch. 117 121 notice 921 143 posting 922 143 penal code applicable 887 133 polls open when 869 127 presidential 910 137 432 STATE OF NORTH DAKOTA Section Page provisions of general law applicable 867 126 882 132 914 129 registration 871 127 tally books 868 127 vacancies, how filled 861 125 PRINCIPLES, stated in certificate of nomination 970 171 petition for nomination, municipal 902 137 PRIVILEGES, special prohibited Const. 20 18 PROCESS, civil, not to be served on election day 1044 202 PROMISES, of appointment 195 (6) 55 ,; 9253 302 statement filed 195 (5) 55 929-30 145 PROXIES, ' ■ must be from district represented 9294 309 PUBLIC BUILDINGS, bond issues 3459 238 joint ownership Ch. 45 158 question of erection submitted to electors 3280 234 use of. for public meetings Ch. 191 150 PUBLIC MEETING, disturbing 9269 304 may use public buildings and parks, when Ch. 191 150 preventing 9270 304 attendance at . , 9271 304 PUBLIC PLACES, township, how designated 4248 289 PUBLICATION, see Notice abstract of votes 1009 191 constitutional amendment, record of adoption 1026 197 method of 961 165 979 177 V Art. 26 46 initiated and referred measures Art. 26 46 ordinance or other question 3836 257 nominations 975 175 notice of election 982 178 primary 921 143 questions submitted to electors 3282 235 statement, candidate for nomination 924 144 INDEX 433 Section Page statement, comity canvassing board 873 128 state canvassing board 1020 196 primary 877 130 township by-laws 4156-57 284 PUBLICITY PAMPHLET, address of voters 927 145 constitutional provision Art. 26 46 provision for 924 144 rates 925 145 Art. 26 46 QUESTIONS, • advertised how 979 177 canvass of vote 1025 197 criminal laws apply 9290 308 submitted how 959 162 RAILROAD COMMISSIONERS, qualification, term Const. 82 26 members 579 99 oath and bond 581 99 RECALL, city, commission form 3835 256 state wide Art. 33 49 REFERENDUM, city, commission form 3837 258 constitutional Art. 26 46 REGISTER OF DEEDS, bond 663 104 election Const 173 36 qu;iIificatlon, term Const. 173 36 REGISTRATION, Act, applicable where 1104 218 board, compensation 1100 217 how constituted 1090 213 meets when 1090 213 1093 215 proceedings public 1094 215 vacancies how filled 1101 217 city elections 3668 246 false statements 1097 217 9267 304 illegal, penalty 1102 218 non-registered elector votes how 1096 216 party 917 140 enrollment books returned when 918 142 subsequent enrolllment how 918-9 142 payment for, prohibited 936 147 434 STATE OF NORTH DAKOTA primary election .l^.TO^m>:^ 'I'j i fA ■ • ^ ? isters, filed with county auditor Vrsiov '?o gV*'* W G^l 2li 215 80S 291 ^ ^- -ewpredncts ...././..;.... •..;j.-^:^^^^ ^^^ ^^^' revision of .::;::: i :: J! :::::::: J :::::::: 1094, 5 215 "^^ "^^ what to contain V W^ ^^^ „„, Matement by canvassing board, number of electors ;..,^..,' „^. - registered • • ; *,••? • •■••-•; ?■ ^ ^ ° ^^^jj^plies furnished by county auditor .^^^^. .^.^.,^.^^.^.,. 1103 218 ,;ij^authorized .... .... .V. ... . ....... ..^■.•. .... .^^ 'Ceftm,.?^?^ ^ women, listed in separate column • • ■g^a^tJxggtMi^O^-n/^V?^- t^f ^HGIOUS LIBERTY, onoi ,noit,..iinK.^^ ^^ guaranteed Coi^t. 203 39 ^LICJIOUS TEST, . ;,' '''^^''Vbn^dbnBd,./^ ^^ as qualification for oflBce, prohibited '^^^ i" ^ Jl|SID.EINCE, , rniol floiaaiannoo .v.ij. ^^^ uon-residence creates vacancy »•,•..•• "°^ l-*^! rules for determining '7*1 •* ■'■^ ^T 948 152 ^^^ ^^^' (i;oiist;'i25, 126 32 RESiaNATION, )w made. . ,;prior to qualifying ..::::: .* .* ." .' .* .' .' .* .' ." .' .' .* .' .' .' '. .* .' .' .' ." .' ." .' .... ,1033 199 ^: 11.^ omcers- :.:::.:.::::.:::.;::::::: j,- 286 RETURNS, ,ZOITAHT8I0':in bla,nks for ^ • • • r > • • n^v • ^^^ ^'^^ late of receipt indorsed on envelope hbli Retina moo •>* "^^^ "^^^ 02 69iijfi^8rioo yajiI ^^^^ ^_ ilse r- • • -^ 9283 307 01 . n9ilw Hliyitii ^^^^ ^^^ general 1008 189 j#"«"°^ •••••••••••■• •:-:;-;iM«a^sMfio«»i-i«°!« ^" ^«5-" ■ -'— .H«.^^;- ^: ;- mriicalities disregarded yuismhYi )^ *' ^2-^ ^^^ .wliaf, canvassed .......:.:: J." .■.■:::.■:.".:. T 1027 198 ^"rT" OU ^^^^' , Y.1Iiin9q .1 K2->li i^ ^^ "federal interference prohibited ^A•RA4^^J7^^^ W^^ ^ bl2 000: ^ won 89707 1070919 D9'I9f8I?{'rr rrorr negro suffrage * Aif^. 15 12 woman suffrage \V.\V. V. V.VV. ',.*.'.*.*.'• •••V.'.V'I'*'* •Vr-'.^-^^^- 1^ 1^ bXjAD MACHINERY, , ^ ,,, ^ , . Durchase by township e.'sf^'r v *• • • 1^80 220 T^I ^0 ^ ^ fteifcRiroiq ,io-=l ^"'"'^^g 292 Jipw made , ,oq4 H-^ tOi ;:t)a. .. ^U;^^ '.uyiAd I ISdM^^ 435 ROTATION^ Section Page of names on ballot — general iiJJ^i.^. 959 162 newspaper ^\}ifl^^^.u:iiJii}<. . Ch. 187 150 non-partisan »^;^i:^. I>:>ii.iOh. 117 121 primary ..•:....■ . .• . .- . PM''?. WJifcrniflrVVU .'yr-i' 865 125 .^ECIfETART OF STATE, noitBoiii^- * • . al>stract of votes, sent to, general .-.^^.^.^A^JlW.i.ai-i.^ t^s 194 ' 'primary .....;::;:: .^^/i^^?.n>h .^.^";' ! 874 129 act as governor, when ??^?.^. ^^V. i>;.«(3... 963 166 I *^ '^""^ presidential primary, furnished by •.•.•.•.*.•.•.•.•.•.•.•.•.•.•. .^'914 139 ^' ^^^ placenamesof nominees on .....v.. .•.v..".'>^??^l»j9.'*'8r?8 130 blanks furnished by ...'.-.•. P9l{^. 7!9[K ??lVl' 969 170 bond ■ ISi 98 canvassing board, notice of meeting ...*....•...•..,......•. i 1015 195 ' Certificate of election issued by .•.•.•.•.•.-.*. ^:^99^J}:% '1020-24 196 ; ';;^^ nomination filed with 7^??J?Y{V, 971^ Si^. ,^1^971 171 ■ certify constitutional amendments 979 177 nominees to county auditor :^W.^^yjAKK\ 920 143 belidh! 974 175 977 176 county seat removal, notice of, filed with .... .^^.^H?.°.".^/l .-^^SSSS 229 expense statements filed with -.^9.'?^.?. P 929 145 Incorporation of city, commissibii'fBritf"/V???.?9.'i¥:^i"f?. 1^3780 251 Initiative and referendum ::::::::: : : ; ; ; Art. 2i6 46 '- IQotif:^' county auditor, officers to be elected Hl^Ai^.'^^.^f'!'?.'' 981 178 ^^^ ""'^^ ' to be nominated ......... '.•.^!^".« .^/l^j.^^l^^^^^^^^ 126 governor of creation of new* 6otiny'?f.*??!i.??:|.?.'^9 3206 220 nominees .........;;;;::;;; ^^Vj'P?? 875 129 .33TTIK1^0D JAflTZri ^77 ^3^ party enrollment supplies, furnished by "'l^H'^l^}TT}9.7'l'!p'^lS 142 pass upon claims rival party organization ; i. .' 972 173 petition for nomination, filed with i^?????.^??^?!?.^.^:"?.'^?' 853 117 publicity pamphlet, published by *. '. ". ". *. ; '. *. ; '. ; *. *. ; ; *. *. ?}t'T^, . . 1 i-t-I i-SO t9lriqini:q y.Jbif'inq ,'>7!>^^i: ^^ '^feliflcations, term .r. .^ {«?????. .^.IH^.^. ?}'}?? ^7 i'FtH^^: 82 returns, filed with ....:;::::;; ;..;.•.•.•;::.•;::; ; ,V.*:^}TJ. . 1008 189 '^^^ ' date of receipt indorsed" on envelope^?T9?l^.1 ^t^?f.V. ' 1032 199 •-^ 'Messenger, sent for .... . ......... .-i'.'fV??. ;^?^.^?.^^?.??.?4oi4 194 ^^' ^S&tement, canvassing board; ffl?^'-^itei''l V^.lf^lT?' 877 130 '"^ -"• ^^'^^'' ^^'^'^^ 1019 196 published by PPPSi''}?^:^. .V^, :'}?'VJ?} '' '877 130 '' ''"^ ■• • — "V. t..^2b 190 SECTi"6iir corners, ttifirking election for '}p.V.^. 7'.'; . . 4243 289 926 144 26 46 26 436 STATE OF NORTH DAKOTA Section Page SENATE, STATE, see Legislative Assembly SENATE, United States, clioose vice-president when Art. 12 11 classification Art. 1, Sec. 4 7 election, regulated how Art. 1. Sec. 4 8 expense statements 195 (3) (4) 54 ineligible to certain oflSces Art. 1, Sec. 6 8 number Art. 17 13 qualifications Art. 1, Sec. 3 8 qualifications of electors Art. 17 13 term Art. 17 13 time of election 14a 52 vacancies how filled Art. 17 13 SHERIFF, bond 663 104 deliver poll books 967 170 eligible to two terms only Const. 173 36 3259 231 SPECIAL PRIVILEGES, prohibited Const. 20 18 STATE, name, boundaries Const. 206 40 STATE AUDITOR, audit expense of national delegates 916 140 bond 142 98 qualifications, term Const. 82 26 report elections and appointments Ch. 158 101 STATE BONDING DEPARTMENT, act creating Ch. 158 101 STATE CENTRAL COMMITTEE, see Party Organization STATEMENT, campaign expenses, federal 195 53 state 929 145 candidate, publicity pamphlet 924 144 county canvassing board, general 1013 194 primary 873 128 county seat removal 3238 229 judge of election, primary : 870 127 principles represented, certificate of nomination 970 171 municipal candidate 902 137 publication, see Publication result of canvass 1007 189 1025 197 city election 3670 247 INDEX 437 Section Page township meeting 4152 284 village election 3855 2&4 state canvassing board, general 1018 195 primary 877 130 STATE'S ATTORNEY, bond 663 104 election 3257 230 not eligible to judicial office 3376 236 term Const. 173 36 STATE TREASURER, bond 156 98 eligible for but two consecutive terms Const. 82 26 qualifications, term Const. 82 26 SUPERINTENDENT OF PUBLIC INSTRUCTION, election Ch. 117 121 qualifications, term Const 82 26 1105 218 SUPREME COURT JUDGES, chief justice Const. 92 27 election and nomination Ch. 117 121 how and when elected Const. 90 27 not to act as attorney Const. 117 30 not eligible to non-judicial office Const. 119 30 number Art. 25 46 qualifications Const. 94 28 terms Const. 91 27 vacancies, how filled Const. 98 28 TALLY BOOKS, arrangement of names 868 127 TERM OF OFFICE, aldermen 3583 242 assessors, district 2125 221 begins when 677 108 city officers 3611 244 first elected 3.558 241 commission form 3786-88 253 county auditor, begins ,3505 238 commissioners Const. 172 35 3264 233 new county 3206 266 officers Const. 173 36 3257 230 new counties 3207 227 superintendent of schools Const. 150 33 1121 219 surveyor .3425 237 438 STATE OF NORTH DAKOTA ^k>''i Section Page i<^£ 'jOWgressmen Art. 1, Sec, 2 7 to- Owtrict judges • 'it^ri^^y •^^r^^''"^^' ^^^ ^^ f^or r, r ,1 "* ' Ch. 167 97 08 r Tigrovernpr ^.. ., ,, •; Const. 71 25 mayor '-'Wrwiv^ •; ^.^^^r ,^^J 08'- fc«J — ;T^r7:H0TT} ;fxr /„La park commissioner, city 4058 273 ..- ..._ . village ...;... .v;.v/.".v.;.".v.;^ 274 0?:- f.president -'^«J»-i^n)ii)ijr.iiA^frJi'?^V ^ ;PTiblic administrator , ^^^ ^^^ representative, state ^j^j^.. ^ . jdon^t, 33j .2Q. .,- ; begins ............... ....... Const. 4X 22' 02 Uipnator, state .......... .^^jj.,.,, v,,,!^ r;^5gf,o!)-(5-Jn- Jiid Y- ■^'^^' 27 19 f)o • <_•> ^ begins ......... , . , , . . . . ; ; . . . . . . . . . . .^fi^,j} . g^^, , Const. 41 22 state officers •)( •cO'-Iff TftXIv?)l:Min "f O TTTt^Ki ^^^^^' ^^ ?§ ]-i .supreme court judges .............................. Cpn^t. Ql 27 82 ^superintendent of public instruction ....... yj.j^-j. ;^(t<5!^5,?>fn ; -?;?i^ 218 X r ■/ ,i:pwnship officers '4087 278 United States senator •^S'ilff^TT,* TiI'J(*)AFfl.-Kri4^. 70 yice-president A]^^* .2,, ^ec. 1 ^ § r-t Tillage officers r,n'iUiUa<3f\ '^{ih^hXA^Wf ^64 whejn, claimant takes office ii^m^ta \{9'it^- bb'w T.?m^ ^96 T^JJR^AT, ;.,... > 7/)fl-I0ltf: «ii lOfi 01 ! ,: O^t 4pPuepfiing or intimidating electq^j ,; ^^^.Vf^^^f.,^^^. f») ..^f^fj^tf^ 9250 301 Ot r-r,/ "0272-73 305 82 jpreF^pfripg public meeting '.)270-71 304 TIE VQTE, city. ,., ,,.,, ,,,„.. ;,,,,^, 3671 247 county g.^f^ ^1010 192; legislative ^j^.^^^ ^,,. jo^ft,.^^,,, 1009 m presidential electors M'-)l^'3f)- 1^22 , 19€» o^v primary •••••. ••.•.•,•.•.•.:•.•.•.•.•.•.•.•. -.Mrrm ^^^ ^^^ X22 State officers Hiilarf; -.^lo^ --^— § 195 801 township meeting .^^^^.^ -^n^^i 283 i, viUage • • • • • aiSDfftt . ^'^55 264 TOWNSHIPS, „;;;;i; ^..^^ ;:r- ajinexing territory •,•••••.••.•••• -flriot- m,i?i=».hflrnoa • '^^'^^ 275 ^,^;r. assessor, qualifications, compensation . . . .^^j^^^,,^, .j^,jj.j^jyj,.^^,2125 221 ,-<■: ballot election by ....,,,,^,,p..^^„jjmy^l46-47 283 gg2 teW*d of supervisors, designate voting place, when 950 155 1)02 UOiii chairman, inspector of elect;ipft, ,., .,, , 951 158 08 i.T!'! report of .,^..,.,;^j.'^215-16 288 m:t ^S^i^^ds, how issued ; 42.54 290 -._.r. ^»ds. official, approved when .... . . . '^yUnmyj- vtit '^l^^ 287 . :■ assessor . ,;,,...,.,»!;.....* , . 4167 286 constable 4166 286 treasurer 4165 285 INDEX 439 , Section Page justice of the peace .^^ . ,4161 285 wliere filed .....: .,. . . . '. '. '. '. '..'. : '. . ".',....,. . ". '. '.;. ". . '.".' .6^0 107 clerks , ^ ......... . 4J0U ziu by-laws, publication of 4l56-o7 284 c^pvass •••••• •*•••**.':•.* hh]hii^}>.4ij 'wutT 'Ao-Ulfq ''liui, j_ ^^^ challenge ,. ^ r w • ^145 282 clerk, bond filed where •. . . ./. . .^,4200 287 file name of constable with clerk of court . ; .^^ '. . .'. .'"4201 288 justice of the peace with clerk oSf court 42(J2 288 notify auditor of appointment of insi)ectpr . . . . .... . . 951 158 debt limit ^.'l!'i'.' /!'. .'.',. '.'".T.l'!'. . . . 4253 290 ,. . , , mofKv^ 1->inlnoo ,:I-iov^ dipping tanks Ch. Ill 280 lOT 7911001 OfoV ^^ ^^^ dissolution ,. . . : 4277 292 ,. , . 3iii/I-i)im .8190-100 no( :> - ^„„ division .^ .,. .^ . 4079 277 ; ,. ,. . . ^. MiinHiqii won ,T0309qaaj .Desiaiiaionir .__. „__ election districts ,... ^.. ....^,.,....7 4271 292 ■\:-' ■^. J. >.9]nfji«aoo diih 90i!9 Section Page JWIS tm^^, commissioner • •■r.r ftW^rfimMd' • ^7 274 ^^^ ^ jacancy, how filled ,„ v- .^ . ... v 3857 265 ri-S: L'k-n '.niKHp ot 9D01IJJ1 rioqu y,r,i highest number elects (< ih^HooH^ 152 CS BT JaiK'City ,.... .:.;jC7/. ,iiii*';iv.(r^ .vi . ,3671 247 C£J: 198 ,. township m^.{v> . .>.,^. ««»,?.,♦ .^kkh* -v/^. . 4151 283 ^.f^ ^,>; village ••• :3§55 264 illegally rejecting ^ 9282 307 jUPTEJis, Si' Hee Blecetors t:Tl: ^S^ ^^«^^^ ^«ters •.•/ • UiVVi^iA/i^^Mino > • • ?^2 182 i^TC T*"^^^ •••::::::::::::r:::*^4rtm;-- ^^58 302 mil ?J^^^^^^ ^^ :••••• :-(fi:^ra'5r ;rifft(5lfe*^.^^§tfO^• ;rtdm'ifi -iv^ -^^^^ ^'^^ ^ ^^ unlawfully, town meeting .^. . . ...^ . 9263 303 :^j ;i.iiQuaiifled ..,-.■.■..•. nr:^ .'if. : S259 303 'Z .III: «avising ???:•?. .8.".".".'™Ne. . 926X 303 '••'- ^"^J^bilg precinct ........■..^.'?*?.".n'^fe 308 VOTING DISTRICTS, /maai8:.IiI'I-M')IY sets 'Precincts how formed 950 155 VOTING PLACES, 802 >>g^^ Polling Places " now designated .' . . . . . . . . . J.' . . . pko 155 ^^- '^y be where ::: 1 ::: 1 :::::.: i :: I, ::: .^I'll'l^'m i58 o-r r-. ^ ^ V \ Ch. 45 158 MtMworks, ^"^^'^ ^^^ '^^''^^'^^ ?.8i: J'.r; f-'.; . . , . aiola^qani kOS |.9^P^"Pal ownership ^^^^ . ^, .^^^^ . . 3990 269 ^;^»o o.>; ®^^^ ^^ 3992 270 ■ffil™^SES, ., ...... n.u TOi: (€Kiamination, election contest ;ilv. .^iVuv-^y-^q. . 108I 212 102 iMP- ®^^"®^^ from testifying ifoi*i:if>^. 9286 307 L-ai: ^,^^.^. . aiolliid 9296 309 E9^m, . uoboef9 S82 T^W&ojt. deposited in separate box .amlosqi^iu . . 991 182 202 91*88 (loriw neqo elioqCh. 254 155 002 -jPitizen by marriage i .cit j^aoJiriat. . 3948 60 K>2 I fe??^.^!^^ citizenship by marrying foreigner . . . . . . . . . . . . .w,. 3960 62 r;f)2 (iflf^ ^?^^ ^^^' ^^^^^^ officers .,,.,,,,.,. ;, f^jdqnst. 128 32 902 OTW; uioiq lOvilob 991 182 ?192 m'^.V. . ^^^^t officers r::::Ao fRfu>Ch. 254 155 INDEX 443 Section Page registration 1091 214 Ch. 254 155 suffrage, constitutional provision, federal Art. 19 13 state Art. 37 51 votes kept separate 968 170 WOiiKHOUSE, how established 11319 311 V 30 iviJ 44^20 I9A THE UNIVERSITY OF CALIFORNIA LIBRARY