GIFT or 
 
ELECTION 1910 
 
 This Pamphlet is for Preservation 
 and Use in the Precinct, City or 
 Town to which it is Furnished. 
 
 STATE OF NEVADA 
 
 The 
 
 Election 
 
 Laws 
 
 Compiled by 
 
 W. G, DOUGLASS, 
 
 Secretary of State 
 
 
 
 Printed at the 
 
 
 State Printing Office, Carson City 
 
 
 J. G. McCarthy, Superintendent 
 
 
 J909 
 
 
 
 
It 
 
 J\<.\V.h'^ 
 
 ^ 
 
 0^ 
 
 
VOTERS, TAKE NOTICE! 
 
 Before election day read the law. 
 
 Secure a sample ballot before gfoingf to the polls* 
 
 Decide for whom you will vote before goingf into the booth* 
 
 Obtain your ballot from one of the Clerks of Election* 
 
 You will be allowed only ten minutes in which to prepare 
 your ballot* 
 
 Stamp the cross X after the name for which you vote* 
 
 The cross must be made only with the stamp in black ink* 
 
 Any writingf or other markings will invalidate your ballot* 
 
 Fold your ballot before leaving the booth. 
 
 See that the water-mark and number are on the outside. 
 
 Deliver your ballot, folded, with the stamp, ink and ink-pad 
 to the Inspector, and give your name. 
 
 Only one voter can occupy a booth at one time. 
 
 A voter physically disabled may have the assistance of 
 another elector in preparing his ballot. 
 
 Inability to read or write will not be considered a physical 
 disability. 
 
 Drunkenness is not physical disability. 
 
 NOTE — The above are rcspcctftjlly suggested as some of the instrwc- 
 tions to be printed in the card of instructions to voters. Sections 27, 28, 
 29 and 30 of the Australian Ballot Law should be printed on each card. 
 
 m 
 
 257181 
 
Digitized by the Internet Archive 
 
 in 2007 with funding from 
 
 IVIicrosoft Corporation 
 
 http://www.archive.org/details/el,^tlawsnevadaOOnevarich 
 
LAWS RELATING TO ELECTIONS 
 
 LEGAL RESIDENCE. 
 
 An Act presci'ibing irkat shall constitute actual residence within 
 the meaning of Article II of the Constitution of the State of 
 Nevada. 
 
 Approved March 4, 1889. 
 
 Sp:ction 1. The legal residence of a person, with reference Residence 
 to his right of suffrage and eligibility to office, is that place ^^^°®^- 
 where his habitation is fixed and permanent, and to which, 
 whenever he is absent, he has the intention of returning. 
 
 Sec. 2. No person shall be deemed to have gained or lost Residence 
 such a residence by reason of his presence or absence while fo^st ^^ ^^ 
 employed in the military, naval or civil service of the United 
 States, or of the State of Nevada; nor while engaged in the 
 navigation of the waters of the United States or of the high 
 seas; nor while a student at any seminary or other institu- 
 tion of learning; nor while kept at any almshouse, or other 
 asylum at public expense, nor while confined in any public 
 prison or jail. 
 
 Sec. 3. A person removing from one county, within this Residence 
 State, to another, or from one precinct to another of the same ^otiost. 
 county, within thirty days prior to any election, shall not be 
 deemed to have lost his residence in the county or precinct 
 removed from; provided, he was an elector in such county or 
 precinct on the thirtieth day prior to such election. 
 
 Sec. 4. If a person remove to another State, Territory or Residence 
 foreign country, with the intention of establishing his domi- ^°^^- 
 cile there, and making it his home, he shall lose his residence 
 in this State. 
 
 Sec. 5. If a person having a fixed and permanent home Burden of 
 in this State, break up such home and remove to another proof. 
 State, Territory or foreign country, the intent to abandon his 
 residence in this State shall be presumed, and the burden 
 shall be upon him to prove the contrary; and the same rule 
 shall obtain when a person, in like circumstances, and in like 
 manner, shall remove from one county or precinct to another 
 within the State. 
 
 Sec. 6. If a man have a family residing in one place and Residence of 
 he does business in another, the former must be considered o^'resldence. 
 his place of residence, unless his family be located there for 
 temporary purposes only ; but if his family reside without the 
 State, and he be permanently located within the same, with 
 
REGISTRATION. 
 
 Shall lose 
 residence. 
 
 no intention of removing therefrom, he shall be deemed a 
 resident. 
 
 Sec. 7. If a person remove to another State, Territory or 
 foreign country, with the intention of remaining there for an 
 indefinite time, and as a place of present residence, he shall 
 lose his residence in this State, notwithstanding that he may 
 entertain the intention of returning at some uncertain future 
 period; and an occasional return, either for business purposes 
 or pleasure, to the place of his former abode, in this State, 
 shall not be sufficient to preserve his residence therein. 
 
 REGISTRATION. 
 
 Registry 
 Agents, 
 who are. 
 
 May 
 
 administer 
 oaths. 
 
 Covinty Com- 
 missioners 
 to provide 
 stationery 
 for Registry 
 Agents. 
 
 What 
 register 
 must show. 
 
 An Act to provide for the regutration of the names of electors and 
 to prevent fravds at elections. 
 
 Approved March 5, 1869. 
 
 Section 1. The Justices of the Peace of the several coun- 
 ties of the State shall be ex officio the Registry Agents of their 
 respective townships, and, as such, their powers and duties 
 shall be as hereinafter provided in this Act; provided, that in 
 any township where, from any cause, there shall be no Justice 
 of the Peace duly commissioned and qualified, or where an 
 election district may be situated too distant from the office of 
 the Justice of the Peace of said township, the Commissioners 
 of the county in which said election district is located may 
 appoint some other competent person to perform the duties of 
 Registry Agent, who shall be clothed with the same power and 
 governed by the same restrictions as Justices of the Peace in 
 the registration of the names of electors under the provisions 
 of this Act. All Registry Agents shall have power to admin- 
 ister oaths or affirmations, and do such other acts as may be 
 necessary to fully carry out the provisions of this Act. 
 
 Sec. 2. The County Commissioners of the several counties 
 shall provide for the Registry Agents, in their respective coun- 
 ties, when and where required, all proper and necessary books 
 and stationery to carry out the provisions of this Act. They 
 shall furnish to each Registry Agent a book which shall be 
 known as the "Official Register" which shall be ruled in col- 
 umns of suitable dimensions to provide for the following 
 entries opposite the name of each elector, to wit: 
 
 First — Number on the register. 
 
 Second — Date of registry. 
 
 Third — Name of elector. 
 
 Fourth — Age of elector. 
 
 Fifth — Where born. 
 
 Sixth — Last place of residence before coming to Nevada. 
 
 Seventh — First place of residence in Nevada. 
 
REGISTRATION. / 
 
 Eighth — Present number of ward, or name of electoral 
 district. 
 
 Ninth — Description of residence. 
 
 Tenth — Certificate of naturalization exhibited. As amended, 
 Stats. 1905, p. 190. 
 
 Sec. 3. It shall be the duty of the Registry Agents, at ^f^^^jg^^^fj^ 
 any time when called on to do so, between the hours of ten as to 
 a. m. and six p. m. on all legal days, from and after the first o?^vote^s.°° 
 day of August, and up to and including the twentieth day of 
 October, prior to any general election, and in the case of any 
 special or municipal election, provided for by law, twenty 
 days prior to closing the register (which shall close ten days 
 prior to the day of election), to receive and register the names 
 of all persons legally qualified and entitled to vote at such 
 election, or who will have legally acquired a residence (being 
 otherwise qualified) and right to vote at such ensuing election 
 according to the provisions of law under which such election 
 may be held, in each election district within their respective 
 townships, entering on the official register under the proper 
 heading, the number and date of registry, the name (with the 
 first or given name in full, if practicable), the age and nativity 
 of the elector, last place of residence of elector before coming 
 to Nevada, first place of residence of elector in Nevada, together 
 with the number of the ward or name of precinct, and a par- 
 ticular description of the house, building or room in which 
 the elector resides, such as will enable the officer or person 
 desiring to serve notice of objection to vote to find the same 
 without difficulty; and when the person so registered shall be 
 of foreign birth, the fact of the exhibition of or failure to 
 exhibit his certificate of naturalization shall be noted in the 
 colunm provided for that purpose, which list, properly entered, 
 as in this section required, shall be known as the "Official 
 Register" of elections of their respective townships; provided, 
 that for ten days next preceding the day set for closing the 
 registry before any election mentioned in this Act, said Registry 
 Agents shall also be in attendance at their respective offices, 
 and ready to register the names of applicants, at any time 
 between the hours of seven and nine o'clock p. m., in addition 
 to the hours heretofore required in this section ; and provided 
 further, that if any person shall fail or refuse to give his resi- 
 dence and the other information , with the particularity required 
 in this section, he shall not be registered. As amended, Stats. 
 1909, p. 53. 
 
 Sec. 4. The Registry Agents shall cause to be published J'JtjPJJ?'"^^ 
 in a newspaper published in their county, or if none be so 
 published, then in the newspaper published nearest to their 
 county-seat, for twenty days before the expiration of the time 
 provided for registration, prior to any general election, and 
 for ten days before the expiration of the time provided by law 
 for registration prior to any special or municipal election, a 
 notice to the effect that the time for registration of the names 
 
8 
 
 REGISTRATION. 
 
 Proviso. 
 
 Voter to 
 take oath, 
 
 Proviso. 
 
 Form of 
 oath. 
 
 of the qualified electors in election districts number of 
 
 township number , prior to the election (specify- 
 ing the election), to be held on the day of , A. D. 
 
 18 , for the county of (or city of ) will 
 
 expire at six o'clock p. m. on the clay of , A. D. 
 
 18 The publication of said notice shall continue until the 
 
 expiration of the time provided for said registration; provided, 
 that in remote or new and sparsely settled districts written 
 notices posted at not less than five conspicuous places within 
 said district may be substituted for the pui^lication in a news- 
 paper. 
 
 Sec. o. Every person applying to be registered shall, before 
 he shall be entitled to have his name registered, take and 
 subscribe the following oath or affirmation, which shall be 
 administered bj^ the Registering Agent; provided, that no 
 elector who has taken said oath at the time of his previous 
 registration shall be required to do so the second time in the 
 same precinct, to wit: 
 
 "I do solemnly swear (or affirm) that I am a citizen of the 
 United States, that I am of the age of twenty-one years, and 
 will have actually and not constructively resided in this State 
 six months, and in the county thirty days next preceding tbe 
 day of the next ensuing election (or, in case of a municipal 
 election, such length of time as may be required by the Act 
 of incorporation) , that before coming to the State of Nevada 
 
 I last resided at , in the State of 
 
 (designating such place of residence), that upon first coming 
 
 to the State of Nevada I resided at , in said 
 
 State (designating such place of residence), and that I am 
 not registered elsewhere in this State. So help me God (or 
 under the pains and penalties of perjury)." 
 
 Whenever an oath is required by the provisions of this 
 Act, the elector shall swear according to the form of his 
 religious faith or Ijelief and in such manner as may be con- 
 sidered most obligatory on his conscience. As amended, Stat^. 
 1,905, p. 192. 
 
 Sec. 6. When any person shall appear and demand to 
 Oath be registered, whom the Registiy Agent shall not know to be 
 
 efStor.w'hen entitled to registry, under the qualifications required by law 
 for the election then ensuing, the Registry Agent may ques- 
 tion the applicant generally, either under oath or not, as to 
 his qualifications as an elector, and, if satisfied, shall enter 
 his name in the registry. But if the Registry Agent shall 
 not be fully satisfied, or if the applicant be challenged by a 
 qualified elector of the county, stating distinctly the grounds 
 of challenge, the Registry Agent shall require the applicant 
 to answer truly, under oath or affirmation, the following ques- 
 tions, together with such other questions as said Registry 
 Agent may consider necessary and proper, testing his qualifi- 
 cations as an elector for the ensuing election, to wit: 
 
 First — Are you a citizen of the United States? 
 
 To swear 
 according 
 to religion 
 
REGISTRATION. 9 
 
 Second — Are you now or will you be twenty-one years of what oath 
 age on or prior' to the day of the next ensuing election? ^^^ 
 
 Third — On the day of the next ensuing election will you 
 have actually and not constructively resided in this State six 
 
 months, and in this county thirty days (or in this city days 
 
 or months, as provided ])y the Act of incorporation) next 
 
 preceding the day of said election? 
 
 Fourth — Are you now president of the election district in 
 which you propose to be registered? 
 
 Fifth — Are you registered for this electoral year in any other 
 election district in the name you have now given, or in any 
 other name? 
 
 If any of the foregoing questions shall l)e answered in the Registry 
 negative, except the fifth, or that in the affirmative, the appli- may°refuse 
 cant shall not be registered; but if the applicant answer all J'^^istration. 
 the foregoing questions in the affirmative, except the fifth, 
 and that in the negative, and the Registrj^ Agent shall still 
 l)elieve, from the answers to such further questions as he may 
 be led by circumstances to ask, that the applicant is not a 
 qualified elector, he shall refuse to register the name of said 
 applicant. But such applicant may then apply to the Dis- Applicant 
 trict Court of his district, or the Judge thereof, for a writ of Sandamus. 
 mandamus to compel the proper registration of his name in 
 such election district; and any elector may also apply to the 
 District Court of his district, or the Judge thereof, for a writ challenge, 
 of mandamus to compel the Registry Agent to erase from the ^°^ effected, 
 registered list of electors the name of any person therein 
 registered whom the applicant may know and be able to 
 prove is not a qualified elector; provided, that said Registry 
 Agent shall have notice and opportunity to be heard before 
 said court, or the Judge thereof, and show cause for his 
 refusal . For the purpose of deciding contested question.s of ^j^*4lct°^ 
 registration, the District Judge of the various Judicial Dis- judges, 
 tricts shall hold court or sit in chambers at least one day in 
 each county of their respeciive districts during the ten days 
 immediately preceding any general election, during which 
 days cases of contested registration shall take precedence of 
 all other business before such Judges or courts. All such 
 cases shall be decided within forty-eight hours after being 
 submitted, and every case shall be decided before the day of 
 election. A resident, within the meaning of this Act, shall "Resident" 
 be construed to mean a person who has resided or will have ^^°^ "^ 
 resided continuously within this State for six months, and in 
 the precinct the time prescribed by law, next preceding the 
 day of the next ensuing election. The electoral year shall 
 conmience on the first day of January and end on the thirty- 
 first day of December of each year. Whenever in the same one 
 electoral year there shall be held in any township more than hofd?for°° 
 one election, general, special or municipal, any person regis- entire year, 
 tered for any one of such elections shall be deemed registered 
 for all subsequent elections in the same year for which the 
 
 k 
 
10 
 
 REGISTRATION. 
 
 Naturalized 
 citizen, how 
 qualified. 
 
 Duties of 
 Registry 
 Agent. 
 
 Registry 
 Agent to 
 publish 
 names of 
 voters. 
 
 May be 
 challenged 
 ten days 
 preceding 
 election. 
 
 residence qvialification is included in or implied by the resi- 
 dence qualification of the previous election, and in all cases 
 registration for a municipal election shall be deemed regis- 
 tration for any succeeding general election in the same year. 
 The person so deemed registered shall be subject in all cases 
 to be excluded from the registry by reason of the change of 
 residence, or other causes, as provided elsewhere in this Act. 
 As amended, Stats. 1909, p. 5Jf. 
 
 Sec. 7. When a naturalized citizen shall apply for regis- 
 tration, his certificate of naturalization must be produced and 
 stamped or written in ink by the Registry Agent, with his 
 name and the year and county where presented ; but if it shall 
 satisfactorily appear to the Registry Agent, by the oath or 
 affirmation of the applicant (and the oath or affirmation of 
 one or more credible citizens, as to the credibility of such 
 applicant, when deemed necessary), that such certificate of 
 naturalization is lost or destroyed, or beyond the reach of the 
 applicant for the time being, said Registry Agent shall register 
 the name of the applicant, unless he be by law otherwise dis- 
 qualified ; provided, that in case of failure to produce the cer- 
 tificate of naturalization, the Registry Agent shall propound to 
 him the following questions: First — In what year did you 
 come to the United States? Second — In what State, county, 
 court and year did you declare your intention to become a 
 citizen? Third — In what State, county, court and year were 
 you finally admitted to citizenship? Fourth — Where did you 
 last see your certificate of naturalization? The answers to the 
 above questions shall be taken down in the form of an affidavit, 
 which shall be subscribed and sworn to by the applicant and 
 retained in possession by the Registry Agent, and by him 
 handed over to his successor; pi'ovided, that no person shall be 
 required to make the affidavit twice before the same Agent, or 
 successor of such Agent, having in his possession a former 
 affidavit. 
 
 Sec. 8. On the day next succeeding that on which the reg- 
 istration of electors, prior to any election, mentioned in this 
 Act, shall have been closed, the Registry Agents shall, with 
 all reasonable expedition, prepare, and cause to be written or 
 printed a full and complete list of all the names registered by 
 them, and then remaining on the official register, for each elec- 
 tion district, alphabetically arranged, commencing always with 
 the surname of each ; and they shall have printed or written 
 such reasonable number of copies of each district list as in 
 their judgment may be necessary, at least five copies of which 
 they shall cause to be posted up in as many public and con- 
 spicuous places within the district to which they apply, and 
 the remainder of such lists shall be distributed among the 
 electors of the respective districts. The Registry Agents shall 
 give notice in said lists that they will receive objections to the 
 right to vote, on the part of any person so registered, until six 
 o'clock p. m. on the tenth day previous to the day of election; 
 
REGISTRATION. 11 
 
 and also requesting all persons whose names may be errone- 
 ously entered in said lists to appear at his office and have such 
 error corrected. Such objections to the right to vote shall be 
 made only by a qualified elector in writing, setting forth the 
 ground of the objection or disqualification, and sworn to, or 
 affirmed to, to the best of his knowledge and belief. A copy 
 of such written ol)jections, with the name of the objector, 
 together with a voipy of notice, requiring the person objected 
 to to appear before the Registry Agent at a time certain and 
 specified therein, and answer under oath such questions as 
 may be propounded to him l)y the Registry Agent touching 
 his qualifications as an elector, shall be served on the person service, 
 objected to, and such service shall be good when left at the ^*^®° ^°°*^- 
 place of residence of such person objected to, as the same shall 
 appear in the official register, however general or indefinite 
 may be the description of the same in said register. And no 
 such objections shall be tried unless it shall appear by the 
 return by an officer, or the sworn statement of an elector 
 within the county, appended to such notice, that such objec- 
 tions and notice were by him duly served by copy, as in this 
 section of this Act required. At the time specified in the Registry 
 notice, or at sucli further time as the hearing may be adjourned aifow or^^ 
 to, the Registry Agent, upon being satisfied from the return or disallow 
 affidavit that proper service of notice has been had, as in this ^ * ^°^^' 
 section provided, shall proceed to examine such person (if pres- 
 ent), under oath, touching all matters specified in such writ- 
 ten objections, and respecting his general qualifications as an 
 elector, and the testimony of the person making the objec- 
 tions, and any further evidence offered (which the Registry 
 Agent before whom objections are made may desire to hear in 
 relation thereto) . If the Registry Agent shall be satisfied, from 
 the answers under oath of the person objected to, or other evi- 
 dence, that he is not a qualified elector, as required by law, 
 for the next ensuing election, or if such person, so notified as 
 hereinbefore provided and required, shall fail to appear at the 
 time set, or shall fail to show cause for his non-appearance, it 
 shall be the duty of the Registry Agent to erase his name from 
 the official register; %>^'ovided, that any person whose nameRi^htof 
 may have been so erased, may apply to the District Court or recourse, 
 the Judge thereof, as is provided in section six of this Act; 
 provided, further, for a refusal of any Registry Agent to perform penalty for 
 his duties as Registry Agent, he shall, on conviction thereof, A||n?7 
 before a court of competent jurisdiction , be punished by a fine neglect of 
 of not less than thirty dollars nor more than one hundred dol- ^^^^' 
 lars, or by imprisonment not less than fifteen nor more tha^n 
 fifty days, or by both such fine and imprisonment. All Acts 
 and parts of Acts in conflict herewith are hereby repealed. 
 As amended, Stats. 1909, p. 57. 
 
 Sec. 9. During the time intervening between the closing of ^e^'Jgtlr^to be 
 any registration of electors and the day of the next ensuing furnished, 
 election, the Registry Agents shall carefully copy from the 
 
12 REGISTRATION. 
 
 official register, into suitable books, one for each election dis- 
 trict within their respective townships, the names of all elect- 
 ors registered for such election district, alphabetically arranged 
 (the surname first), entering opposite each name the number 
 it bears on the official register, together with all other entries 
 Index books therein found opposite such name. The Registry Agent shall 
 ema e. ^^^^ prepare, not later than the daj^ next preceding that on 
 which the election is to be held, in "index books," one for 
 each election district, and which shall be knoAvn as the "check 
 list," lists of the names of all electors found on the official reg- 
 ister for such election districts, alphabetically arranged (the 
 surname first), with the number such name bears in the 
 official register placed at the left of the name of the elector, 
 and with a blank column at the right of the column of names, 
 formed by two parallel perpendicular lines, in which the 
 Inspectors of Election shall check the names of those voting, 
 by some particular character, as for instance, thus: "V" for 
 voted. Said blank columns last mentioned shall have written 
 "headings" made by the Registry Agents, showing what par- 
 Check lists to ticular election said "check lists" apply to, as for instance, 
 be furnished. „^^^^^^ at general election, 1868;' or "voted at city election, 
 1869." The copy of the official register, together with the 
 "check list" for each election district, as herein provided, 
 shall be carefully prepared and dulj^ certified to bj^ the Reg- 
 istry Agent, and delivered to some one of the Inspectors of 
 Election, in each election district, at a time not later than the 
 day next preceding that on which such election is to be held, 
 and such "check lists" shall be carefully preserved and trans- 
 mitted by the Inspectors of Election to the Clerk of the Board 
 of County Commissioners, in connection with and as a part of 
 the "election returns," as provided by law. 
 
 Sec. 10. Any registered elector, moving from one election 
 Electors may district to another, prior to the day of the ensuing election, 
 placebo! may apply to the Registry Agent before whom he has already 
 how^*'^^*^°°' been registered for that electoral 3^ear, at any time prior to 
 the delivery of the certified copies of register to the Inspectors 
 of Election, and have his name taken off the official register, 
 and receive from the Registry Agent a certificate showdng sub- 
 stantially that he was on a certified date duly registered in the 
 
 official register of Township No , in the County of , 
 
 and that his name has been erased at his own request; which 
 certificate shall entitle him to have his name registered in the 
 same manner as other names are registered, in any other elec- 
 tion district either within the same county or any other county, 
 for said election; provided, that it shall satisfactorily appear 
 to the Registry Agent receiving the certificate, and to w^hom 
 application is made for the second registration, that the appli- 
 plicant will have resided such length of time within such 
 county and election district, prior to the next ensuing elec- 
 tion, as is or may be provided l)y law to entitle him to vote. 
 Sec. 11. Before entering upon the duties prescribed in this 
 
REGISTRATION. 13 
 
 Act, the Registiy Agents (excepting Justices of the Peace who 
 have been duly quaHtied) shall severally take and subscribe 
 before an officer duly authorized to administer oaths the fol- 
 lowing oath or affirmation, which shall be filed in the office of 
 the County Clerk of their respective counties, to wit: 
 
 I, , Registry Agent for election districts numbers oathof 
 
 and , in the County of , and State of Nevada, do Agents.^ 
 
 solemnly swear (or affirm) that I will perform all the duties 
 of Registry Agent in and for said election districts according 
 to law and the best of my ability, and that in the discharge 
 of my duties as such Registry Agent I will honestly endeavor 
 to prevent fraud, deceit, or any other manner of abuse of the 
 elective franchise, so help me God (or under the pains and 
 penalties of perjury). As amended, Stats. 1881, p. 55. 
 
 Sec. 12. The several Registry Agents shall be entitled to comoensa- 
 receive, as full compensation for all services rendered by them Registry 
 under the provisions of this Act (except for the collection of Agents, 
 poll taxes) the sum of twenty-five cents for each name by them 
 legally registered in each electoral year, which shall be a valid 
 claim against their respective counties; and their accounts 
 shall be made out so as to clearly show the number of names 
 by them severally registered during the electoral year, and 
 sworn to and filed with the Board of County Commissioners 
 of their respective counties; and said claims, together with all 
 other just and reasonable demands of other persons for books, 
 advertising and printing, necessarily incurred in carrying out 
 the requirements of this Act, shall be audited and paid out of 
 the county funds of the several counties as other county 
 charges; jrrovided, that the expenses incurred in pviblishing 
 the notices and printing the lists of electors prior to any munici- 
 pal election, shall be charged against and shall be paid by the 
 corporate authorities of the municipality holding such election. 
 
 Sec. 13. Section thirteen of the Act entitled "An Act to see Act 
 provide for the registration of the names of electors and to °* ^^^^• 
 prevent fraud at elections" approved March fifth, eighteen hun- 
 dred and sixty-nine, is hereby repealed. Stats. 1871, p. 132. 
 
 Sec. 14. No person shall be entitled to vote at any election 
 mentioned in this Act unless his name shall, on the day of 
 election, appear in the "check list" furnished by the Registry 
 Agent to the Inspector of Election of the election district at 
 which he offers to vote; and the fact that his name so appears 
 in the " check list " and in the copy of the official register in the 
 possession of the Inspectors of Election, shall be prima facie 
 evidence of his right to vote; provided, that when the Inspectors 
 of Election shall have good reason to believe, or when they shall 
 be informed by a qualified elector, that the person offering to 
 vote is not the person who was registered in that name, the 
 vote of such person shall not be received until he shall have 
 proved his identity as the person who was registered in that 
 name. 
 
 Sec. 15. Any person who shall vote or offer to vote, at 
 
14 
 
 REGISTRATION. 
 
 Fraudulent 
 voting a 
 felony. 
 
 Penalty. 
 
 any election mentioned in this Act, but who shall not be a 
 qualified elector, or any person who, being a qualified elector, 
 shall vote, or offer to vote, in the name of any other registered 
 elector, shall be deemed guilty of a felony, and on convic- 
 tion thereof before any court of competent jurisdiction, shall 
 be punished by imprisonment in the State Prison for not less 
 than one nor more than three years; and any person who 
 shall wilfully cause, or endeavor to cause, his name to be 
 registered in any other election district than that in which he 
 resides, or will reside prior to the day of the next ensuing 
 election; and any person who shall cause, or endeavor to 
 cause, his name to be registered, knowing that he is not a 
 qualified elector, or will not be a qualified elector on or before 
 the day of the next ensuing election, in the election district in 
 which he causes or endeavors to cause such registry to be made ; 
 and any other person who shall induce, aid or abet any such 
 person in the commission of either of such acts in this section 
 enumerated and described, shall be deemed guilty of a misde- 
 meanor, and, on conviction thereof before any court of com- 
 petent jurisdiction , shall be punished by a fine of not less than 
 fifty dollars nor more than five hundred dollars, or by confine- 
 ment in the county jail for not less than one month nor more 
 than six months, or by both such fine and imprisonment, in 
 the discretion of the court. 
 
 Sec. 16. All wilful, corrupt and false swearing or affirming 
 Perjury, and before any Registry Agent shall be deemed perjury, and on 
 conviction shall l)e punished as such. If any Registry Agent, 
 or any other person in any manner concerned, shall wilfully 
 and corruptly violate any of the provisions of this Act, the 
 penalty for which is not herein specifically prescribed, he shall 
 be punished for each and every offense whereof he shall be 
 duly convicted, by imprisonment in the State Prison for a term 
 not less than one year nor more than five years, or by fine of 
 not less than one hundred nor more than one thousand dol- 
 lars, or both such fine and imprisonment, in the discretion of 
 the court. 
 
 Sec. 17. The Act entitled "An Act to provide for the regis- 
 tration of the names of electors, and for the ascertainment, by 
 proper proofs, of the persons who shall be entitled to the right 
 of suffrage" approved February twenty-fourth, eighteen hun- 
 dred and sixty-six, is hereby repealed. 
 
 penalty for. 
 
 Act of 1896 
 repealed. 
 
 An Act supplemental to an Act entitled " An Act to provide for the 
 registration of the names of electors and to prevent fraud at elec- 
 tions" approved March 5, 1869. 
 
 Approved February 20, 1885. 
 
 Section 1 . Whenever any Board of County Commissioners 
 shall deem it necessary to have printed copies of the names 
 
REGISTRATION. 15 
 
 upon the register of voters in any election precinct (as men- Duties of 
 
 tioned in section eight of the Act of which this Act is supple- m*isSoners.™ 
 
 mentary), said board shall cause said list to be printed in 
 
 such manner, and for such time, in a newspaper or otherwise, 
 
 as they may deem best calculated to give notice to the public 
 
 of the names so registered, and shall cause copies thereof to 
 
 be forthwith furnished to the Registry Agent of said precinct 
 
 for posting, as required by said section eight; pr-ovided, ihsit 
 
 no registry list shall be printed at the charge or expense of a 
 
 county, and no Board of County Commissioners shall allow, 
 
 or Auditor approve, any claim therefor, in whole or in part, 
 
 unless said printing shall have been done at the instance and 
 
 order of said board; and, provided further , that in no case shall 
 
 the whole amount allowed by said board, approved by the 
 
 Auditor, or paid by the county for printing any registry list, 
 
 exceed the sum of fifteen cents for each name upon said list 
 
 and printed. 
 
 An Act requiring Reqistry Agents to file with the Count]/ Clerks a 
 list of the registered voters in their precincts, and requiring each 
 County Clerk to certify the same to the Secretary of State. 
 
 Approved March 19, 1901. 
 
 Section 1 . It shall be the duty of each and every Registry Registry 
 Agent, before receiving pay for his services as such, to send ^(fmp^ete ust 
 the County Clerk of the county wherein he is serving, a full ^^jth^count 
 and complete list of the registered voters in his precinct, with cierk. 
 their ages and postofhce address. 
 
 Sec. 2. It shall be the duty of each and every County Clerk County cierk 
 tliroughout the State upon receiving the said list of registered certify said 
 voters from the different Registry Agents of the different pre- precincts to 
 cincts in each county, to furnish forthwith a certified copy of secretary of 
 said registry list, containing the names and postoffice address 
 of the said registered voters in each and every county, by pre- 
 cincts, to the Secretary of State, who shall upon receipt file the 
 same in his office. 
 
 An Act to provide for the registration of voters in case of death 
 or resignation of Registry Agents. 
 
 Approved March 6, 1879. 
 
 Section 1 . It shall be the duty of the Chairman of the Death of 
 Board of County Commissioners of any county in this State, Jjflft-^ 
 upon receiving notice from any responsible citizen of the death g^Jj^^ °cora- 
 or resignation of any Registry Agent in their county after the missioners. 
 opening and prior to the closing of the books of registration, 
 to immediately, without giving notice, appoint some competent 
 person to fill such vacancy. 
 
 Sec. 2. It shall be the duty of such person so appointed Must qualify. 
 
16 
 
 PRIMARY ELECTIONS. 
 
 to qualify within two days after receiving notice of such 
 appointment. 
 
 Sec. 3. In case of the faihire of such person so appointed 
 to qualify within the time herein provided, voters may, upon 
 producing evidence as to their right to vote, be registered at 
 any other precinct in said county. 
 
 Sec. 4. Any person so registered shall, upon i)resentation 
 Legal voter, and Surrender of a certificate of registration, signed by the 
 Registry Agent of said precinct, be considered a legal voter in 
 any precinct of said county. 
 
 Sec. 5. This Act shall not be so construed as to interfere 
 with the right of the full Board of Commissioners to make 
 such appointment, except in cases herein provided. 
 
 when 
 considered. 
 
 PRIMARY ELECTIONS. 
 
 Words 
 construed. 
 
 An Act to provide for the direct nomination of candidates for pub- 
 lic office by electors, political paHies and organizations of elect- 
 ors, i(}ithout conventions, at elections to be hnown and designated 
 as primarii elections, determining the tests and conditions upon 
 which electors, political parties and organizations of electors may 
 participate in any such primary election, and establishing the 
 rates of compensation for primary election officers serving at 
 such primary elections; providing for the organization of politi- 
 cal parties and the promidgotion of their platforms, and provid- 
 ing the methods whereby the electors of political parties may 
 express their choice at such piimary elections for United States 
 Senator, to provide for the registration of voters for said primary 
 elections and the compensation of Registry Agents, and to pro- 
 vide penalties for violating the provisions of this Act. 
 
 stats. 1909, p. 273. 
 
 Section 1. The words and phrases in this Act shall, unless 
 such construction be inconsistent with the context, be con- 
 strued as follows : 
 
 The words "Primary Election" any and every primary 
 nominating election provided for hj this Act. 
 
 The words "September Primary Election" the primary elec- 
 tion held in September to nominate candidates to be voted for 
 at the ensuing November election. 
 
 The word "Election" a general or city, or city and county 
 election, as distinguished from a primary election. 
 
PRIMARY ELECTIONS. 17 
 
 The words "November Election" the Presidential election, 
 the general State election, district, county, township, or city 
 and county election held in November. 
 
 This statute shall be liberally construed, so that the real J^'his Act 
 will of the electors shall not be defeated by any informality construed, 
 or failure to comply with all provisions of law in respe(*t to 
 either the giving of any notice or the conducting of the pri- 
 mary election or certifying the results thereof. 
 
 Sec. 2. All candidates for elective public offices sliall be xomina- 
 nominated as follows: made.*'*''^ 
 
 1. By direct vote at primaiy elections held in accordance 
 with the provisions of this Act; or 
 
 2. By nominating i)etiti(^ns signed and filed as provided by 
 existing laws. 
 
 Party candidates for the office of United States Senator shall |'"\*^^ 
 be nominated in the manner provided herein for the nomina- Senator, 
 tion of candidates for State offic^es. 
 
 This Act shall not apply to special elections to fill vacan- certain 
 cies, to the nomination of party candidates for Presidential ^'^^^p^'^"^- 
 Electors; nor to the nomination of officers of the municipali- 
 ties, whose charters provide a system for nominating candidates 
 for such offices; nor to the nomination of officers for reclamji- 
 tion and irrigation districts; nor to School District officers or 
 School Trustees; nor shall it be construed as restricting or 
 affecting the right of political parties to hold, under existing 
 laws, which are hereby continued in force for all such pur- 
 poses, primaries and conventions for the selection of delegates 
 to national conventions. 
 
 Sec. 3. The September primary election shall be held in September 
 each precinct on the first Tuesday in Septemljer for the nomi- eieSfo^n. 
 nation of all candidates to be voted for at the ensuing Novem- 
 ber election. Any primary election other than the September 
 primary election shall be held on Tuesday three weeks next 
 
 eceding the election for which such primary election is held. 
 EC. 4. 1. At least sixty days before the time for holding Duties of 
 
 ch September primary election in 1910, and biennially there- of st?te^^ 
 after, the Secretary of State shall prepare and transmit to each 
 County Clerk and to the City Clerk in any city a notice in 
 writing designating the offices for which candidates are to be 
 nominated at such primary election. 
 
 2. Within ten days after receipt of such notice such County Notice to be 
 Clerk or City Clerk in any city shall pu1)lish so nmch thereof p"^^^^^^^- 
 as may be applicable to his county once in each week for six 
 successive weeks, in not more than two newspapers published 
 
 in such county or city and county. 
 
 3. In the case of September primary elections for the nom- City and 
 i nation of candidates for city or city and county offices to be pJJSary 
 voted for at the November election in the odd-numbered years, elections. 
 
18 
 
 PRIMARY ELECTIONS. 
 
 Other 
 
 primary 
 
 elections. 
 
 Nomination 
 papers. 
 
 Form of 
 
 nomination 
 
 paper. 
 
 All 
 
 nominations 
 sworn to. 
 
 the City Clerk or secretary of the legislative hody in any such 
 city shall cause the publication of notice of such primary elec- 
 tion, together with a complete statement of the offices for which 
 candidates are to be nominated, once in each week for four 
 successive weeks in not more than two newspapers of general 
 circulation published in such city or city and county, the last 
 publication to be made not more than forty and not less than 
 fourteen days before such primary election. 
 
 4. In the case of primary elections other than the September 
 primary elections the City Clerk or secretary of the legislative 
 body of the political subdivision for which such primary elec- 
 tion shall be held shall cause one publication of such notice to 
 be given, such publication and posting to be not more than 
 forty and not less than fourteen days before such primary 
 election . 
 
 Sec. 5. 1. The name of no candidate shall be printed on 
 an official ballot used at any primary election unless at least 
 thirty days prior to the primary election, if the candidate is 
 to be voted for at the September primary election, and at least 
 fourteen days prior to the primary election, if the candidate is 
 to be voted for at a primary election other than the September 
 primary election, a nomination paper shall have been filed in 
 his behalf as hereinafter provided by this Act, in substantially 
 the following form : 
 State of Nevada, ) ^^ 
 
 County of j ""' 
 
 1, the undersigned, do solemnly swear (or affirm) that I am 
 
 a qualified elector of (the precinct of the Town of 
 
 or County, of ) or (the.... precinct 
 
 of the ward of the City of , County of 
 
 ) or (the precinct of the 
 
 election district of the City and County of ), 
 
 State of Nevada, and a member of the party, 
 
 and I hereby nominate , who resides at (No 
 
 Street, City of ) or (in the Town of ), 
 
 County of , as a candidate for the nomination 
 
 for the office of , to be voted for at the primary 
 
 election to be held on the day of , 19 , as repre- 
 senting the principles of said party, and I further 
 
 declare that I intend to support for such nomination the can- 
 didate named herein. Signed 
 
 Residence 
 
 Subscribed and sworn to before me this day of , 
 
 19 
 
 2. All nomination papers shall be substantially in the above 
 form and shall not be filed unless signed and verified before 
 an officer authorized by the laws of the State to administer 
 oaths, or before a special verification deputy appointed as 
 follows : 
 
PRIMARY ELECTIONS. 19 
 
 The candidate may designate one or more special verifica- verification 
 tion deputies who shall qualify by filing with the County Clerk ^^p^^'^^- 
 or registrar of voters an oath or affirmation in substance, as 
 follows : 
 
 State of Nevada, ) 
 
 County of j ^^' 
 
 I, , depose and say: I am a qualified elector of Form of oath. 
 
 the County of and of the (here insert the 
 
 name of city, town or precinct) ; that I have been designated 
 
 as a special verification deputy by , who desires to 
 
 be the candidate of the party for the office of 
 
 (here designate the office); that I can read and 
 
 write the English language, and that in obtaining signatures 
 to the nomination papers for the persons named herein, I 
 will faithfully observe the election laws of the State of Nevada 
 in so far as they are applicable to the preparation, signing and 
 filing of nomination papers. 
 
 (Verification. ) (Signature.) 
 
 3. Each signer of a nomination paper shall sign but one Elector to 
 such paper for the same office and shall verify the same as n^mination^ 
 above provided. He shall add his occupation and residence, paper for 
 with street number, if any, and if. no street and number, or 
 either, exists, then such a description of the place of resi- 
 dence, if in a city or city and county, as will enable the loca- 
 tion to be readily ascertained ; he shall also add the date of 
 signing. 
 
 ■ 4. Such nomination papers prior to their filing must be Papers must 
 fastened together and bound by precincts ; provided, however, together 
 that for all nominations of candidates to-be voted for in more 
 
 i^_ than one county, or throughout the entire State, the nomina- 
 ^P tion papers, properly assembled by precincts, may be consoli- 
 !~^ dated and fastened or bound together by counties, but in no 
 case shall nomination papers signed bj^ electors of different 
 
 I ^t counties be fastened or bound up together. 
 ^P The County Clerk of any county or City Clerk of any city county and 
 shall examine all nomination papers herein provided for examine^air 
 which purport to have been signed by electors of his town nomination 
 
 I^K or city, and shall disregard any name appearing on such ^'^^^^^' 
 ^r paper or papers which is not on the registry list of voters 
 for said county or city. Such officer shall affix to all nom- 
 ination papers a certificate reciting that he has examined the 
 'same, and stating the number of names signed thereto which 
 appear upon the register. All nomination papers pertaining 
 to State Senators and Assemblymen, and to the nomination 
 of candidates to be voted for in more than one county, shall, 
 with such certificate attached, be forwarded, within five days 
 after such paper or papers are left with any County Clerk for 
 examination, to the Secretary of State, who shall receive and 
 file the same. 
 
20 PRIMARY ELECTIONS. 
 
 The verificatiDD of signatures for nomination papers sliall 
 Affidavit of not be made by the candidate, Init each candidate shall file 
 with his nomination paper or papers his affidavit, stating his 
 residence, the street and numl)er, if any; his election precinct; 
 that he is a qualified elector in the election precinct in which 
 lie resides; the name of his party and that of the office for 
 which he desires to be a candidate; that he affiliated with said 
 party at tlie last preceding general election, and either that 
 he did not vote thereat or voted for a majority (^f the candi- 
 dates of said party at said next preceding general election, and 
 intends to so vote at the ensuing election, and that if nominated 
 he will accept such nomination and not withdraw, and that 
 he will qualify as such officer if nominated and elected. 
 
 In the case of an elector seeking nomination for the office of 
 statement as State Senator or Member of the Assembly, he may include 
 states with liis affidavit one of the two statements hereinafter set 
 
 Senator. forth in this section and sul)division. His failure to include 
 either such statement shall not be a valid ground for refusal 
 to receive and file his nomination papers or paper by the Sec- 
 retary of State, County Clerk or registrar of voters in any city 
 and county as the case may be. Such statements, if any be 
 made, shall be in substantially the following form: 
 
 I further declare to the people of Nevada, and to the people 
 
 Form of of (Senatorial or Assembly) District that during 
 
 affidavit. j^y term of office, without regard to my individual preference, 
 I will always vote for that candidate for United States Senator 
 in Congress who has received for that office the highest num- 
 ber of the people's votes for that position at the general ele(*- 
 tion next preceding the election of a Senator in Congress. 
 
 (Signature of candidate for nomination.) 
 
 If the candidate be unwilling to sign the above statement, 
 he may sign the following declaration, which shall be filed 
 with his nomination paper or papers and affidavit: 
 
 I further declare to the people of Nevada, and to the people 
 
 Same. of the (Senatorial or Assembly) District that during 
 
 my term of office I shall consider the vote of the people at any 
 primary election for United States Senator as nothing more 
 than a recommendation, Avhich I shall be at lil)erty wholly to 
 disregard as I see fit. 
 
 (Signature of candidate for nomination. ) 
 
 5. Such nomination papers shall be signed as follows: 
 
 (a) If for a State office or for United States Senator, or Rep- 
 
 Percentage resentativc in Congress, by at least three per centum <^f the 
 
 neceSary.^^^ voters of the party of such candidate, in this State. 
 
 State office. (b) If for any officer voted for in a district comprising 
 
 District office ^^^^1*^ than One county and less than the entire State, by at 
 
 least three per centum of the voters of his party in such district . 
 
 (e) If for anv office voted for entirelv within onr citv. 
 
PRIMARY ELECTIONS. 21 
 
 county, town or township, by at least three per centum of the County, city 
 party vote in such county, town, city or township. office!^"^^''^ 
 
 The basis of percentage in such case shall be the vote of the Basis of 
 party for its candidate for Presidential Elector receiving the pe^ceutage. 
 greatest inmiber of votes at the last preceding Presidential 
 election. But any (^ther political organization which had no 
 candidate for Presidential Elector at such Presidential election, 
 but which at such Presidential election or at the last general 
 State election was represented on the official ballot by either 
 regular party candidates or by individual nominees only may, 
 upon complying with the provisions of this Act, have a sepa- 
 rate primary election ticket as a political party, if any of its 
 candidates or individual nominees receive three per centum of 
 the total vote cast at such Presidential or general State election 
 in the State or political subdivision thereof in which the can- 
 didate seeks the nomination. In such case the basis of per- 
 centage shall be the vote of that party for its candidate who 
 received the greatest number of votes at such last preceding 
 Presidential election or at such last preceding general State 
 election, in the State or political subdivision thereof in Avhich 
 the candidate seeks the nomination. 
 
 Nothing herein shall be construed as prohibiting the inde- independent 
 pendent nomination of candidates to be voted for at any gen- Sow made°^' 
 era! election, by electors or bodies of electors, as now provided 
 by law, but a candidate defeated at a primary election held 
 under the provisions of this Act shall be ineligible for nomina- 
 tion to the same office at the same election. 
 
 Sec. 6. All nomination papers provided for by this Act shall Nomina- 
 be filed as follows: K'"^''" 
 
 1. For State officers. United States Senators, Representatives 
 in Congress, and all officers voted for in districts comprising 
 more than one county, in the office of the Secretary of State. 
 
 2. For officers to be voted for wholly within one county, 
 city, town or township, in the office of the County Clerk of 
 such county. 
 
 3. For city officers, in the office of the City Clerk or secre- 
 tary of the legislative body of such city or municipality. 
 
 Sec. 7. 1. A filing fee of fifty dollars shall be paid to the Fees for 
 Secretary of State when the nomination papers or paper and ^""^• 
 affidavit for any candidate for State office, Representative in 
 Congress or the United States Senate are filed with such Sec- 
 retary of State. 
 
 2. A filing fee of twenty-five clollars shall be paid to the 
 Secretary of State when the nomination paper or papers and 
 affidavit of any candidate, to be voted for in any district com- 
 prising more than one county, are filed with such Secretary of 
 
 ^^, State. 
 
 ^B 3. A filing fee of ten dollars shall be paid to the County 
 
 L 
 
22 PRIMARY ELECTIONS. 
 
 Same. Clerk when the nomination paper or papers and affidavit of 
 
 any candidate to be voted for wholly within one county or 
 town or township are filed with such County Clerk. 
 
 4. A filing fee of ten dollars shall be paid by the candidate 
 for Assembly or Senate to the County Clerk of his county. 
 
 5. A filing fee of ten dollars shall be paid to the City Clerk 
 or secretary of the legislative body of any municipality wdien 
 the nomination paper or papers and affidavit of any candidate 
 for a city office are filed with such Clerk or secretary of such 
 legislative body. 
 
 6. No filing fee shall be required from any candidate for an 
 No fee, when, office to the holder of which no compensation is required to 
 
 be paid. 
 
 Sec. 8. The County Clerk shall immediately pay to the 
 
 dfspoied^f County Treasurer all fees received from candidates. The City 
 
 Clerk or secretary of the legislative body of any municipality 
 
 shall immediately pay to the City Treasurer all fees received 
 
 from candidates. 
 
 Immediately after the last day for filing nomination papers 
 the Secretary of State shall pay to the State Treasurer all fees 
 received from candidates, and shall apportion the fees paid to 
 him by each candidate equally among the counties within 
 which such candidate is to be voted for and certify such appor- 
 tionment to the State Controller, who shall issue warrants on 
 the State Treasurer for the amount due each county and the 
 State Treasurer shall pay the same. 
 
 Sec. 9. The expense of providing all ballots, blanks and 
 
 All ballots, other supplies to be used at any primary election provided for 
 
 from^pubiic^ ^J ^^^^ ^^^^ ^^^ ^H expenses necessarily incurred in the prep- 
 
 treasuries. aration for or the conduct of such primary election, shall be 
 
 paid out of the treasury of the city, town or township, county 
 
 or State, as the case may be, in the same manner, with like 
 
 effect and by the same officers as in the case of election. 
 
 Sec. 10. At least twenty-five days before any September 
 
 Secretary of primary election preceding a November election the Secretary 
 
 cert^1y° ^^ state shall transmit to each County Clerk of any county a 
 
 nominations, certified list Containing the names and postoffice address of 
 
 each person for whom nomination papers have been filed in 
 
 the office of such Secretary of State and who is entitled to be 
 
 voted for in such county at such primary election, together 
 
 with a designation of the office for which such person is a 
 
 candidate and of the party pr principle he represents. 
 
 Such County Clerk shall forthwith, upon receipt thereof, 
 County publish Under the proper party designation the title of each 
 pubiSh^ office, the names and addresses of all persons for whom 
 nominations nomination papers have been filed, the date of the primary 
 Sf pr^miry election, the hours during which the polls will be open, and 
 election. ^j^^^ ^^^ primary election will be held at the regular polling 
 places in each precinct, which shall be particularly designated. 
 
PRIMARY ELECTIONS. 23 
 
 It shall be the duty of the County Clerk to cause such publica- 
 tion to be made for two successive weeks prior to said primary 
 election. 
 
 Sec. 11. Every publication required by this Act shall be Not pub- 
 made in not more than two newspapers of general circulation more^than 
 published in such county or city or town or township, and one t^o papers, 
 of such newspapers shall represent the political party that cast 
 at the last preceding general election the highest number of 
 votes in such county or city or town or township, and one of 
 such newspapers, if any, shall represent the party which cast 
 the next highest number of votes at such election. In any 
 case where the publication of the • notices provided for by this 
 Act cannot be made as hereinbefore provided it shall be made 
 in any newspaper having a general circulation in the city or 
 county in which the notice is required to be published. 
 
 Sec. 12. 1. All voting at primary elections within the voting at 
 meaning of this Act shall be by ballot. A separate official eieSkJn: 
 ballot for each political party shall be printed and provided ^^^^f^^f^^^j. 
 for use at each voting precinct. It shall be the duty of the each party. 
 County Clerk of each county to provide such printed official 
 ballots to be used at any September primary election for the 
 nomination of candidates to be voted for in such county, town 
 or township at the ensuing November election. It shall be 
 the duty of the City Clerk or secretarj^ of the legislative body 
 of any municipality to provide such printed official ballots 
 for any primary election other than the September primary 
 election . 
 
 Such official ballots to be used at any primary election shall Baiiots on 
 be printed on different colored paper, each political party to colored 
 have a different colored ballot, one shall be white, one blue, Jach party 
 one pink, and such other colors as the Secretary of State may 
 designate. The Secretary of State shall furnish the paper secretary of 
 necessary to print said ballots, and it shall be the duty of the f^frnfsh^paper 
 Secretary of State to obtain and keep on hand, a sufficient 
 supply of such paper for ballots, and to furnish the same in 
 quantities ordered to any County Clerk. Said paper shall be 
 water-marked with a design furnished by the Secretary of 
 State in such manner that the said water-mark shall be plainly 
 discernible on the outside of such ballot when properly folded 
 and such design shall be changed at each primary election. 
 The names of all candidates for the respective offices for whom 
 the prescribed nomination papers have been duly filed shall 
 ])e printed thereon. 
 
 2 . Official primary election ballots used at any primary elec- size of baiiot 
 tion for the nomination of candidates to be voted for at any re^"'^*«<'- 
 Presidential or general State election shall be not less than 
 twelve inches wide and as long as the herein prescribed cap- 
 tions, heading, party designations, directions to voters and lists 
 of names of candidates, properly subdivided according to the 
 
24 
 
 PRIMARY ELECTIONS. 
 
 Size of 
 type used 
 regulated. 
 
 Wording of 
 instructions. 
 
 Further 
 regulations 
 as to form 
 of ballot. 
 
 several offices to Ix^ nominated for, may require; and no 
 official x)rimary election ballot shall be less tlian six and one- 
 half inches wide. 
 
 8. Across the top of the l^allot shall be printed in heavy - 
 faced Gothic capital type, not smaller than fifty-four point, the 
 words: "Official Primary Election Ballot." Beneath this head- 
 ing shall ])e printed in heavy -faced Gothic capital type, not 
 smaller than thirty-point, the party designation. In the case 
 of official primary election ballots to ])e used at any primary 
 election held for the nomination of candidates other than those 
 to be voted for at a Presidential or a general State election, and 
 on which, in accordance with the provisions of this Act, the 
 names of candidates may be printed in a single column or in 
 tw^o parallel columns, as the case may be, the words "Official 
 Primary Election Ballot" shall })e printed thereon in heavy - 
 faced Gothic capital type, not smaller than twenty-four point. 
 The party designation shall be printed in heavy-faced Gothic- 
 capital type, not smaller than eighteen -point. The instruc- 
 tions to voters shall ])e printed in eight-point Roman type. 
 
 4. At least three-eighths of an inch below the voting precinct 
 designation and the date of the primary election shall be printed 
 in eight -point Roman type, double-leaded, the following 
 instructions to voters: 
 
 "To vote for a person whose name appears on the ballot, 
 stamp a cross (X) in the square at the right of the name of 
 the person for whom j^ou desire to vote." 
 
 5. The instructions to voters shall be separated from the 
 lists of candidates and the designations of the several offices 
 to l)e nominated for by one light and one heavy line or rule. 
 The names of the candidates and the respective officers shall, 
 except as may be hereinafter otherwise provided, be printed 
 on the ballot in four or more parallel columns, each two and 
 one-half inches wide. The number of such parallel columns 
 shall be exactly divisible by two, and such parallel columns 
 shall be equally divided on the ])allot for State and county 
 tickets by a solid black line, extending down from the printed 
 lines separating the instructions to voters from the lists of 
 names of candidates to the bottom margin of the ballot. In 
 the case of a primary election for the nomination of candi- 
 dates to be voted for at a Presidential or general State elec- 
 tion the order of precedence shall be as follows, that is to say: 
 In the columns to the left of the solid black dividing line 
 shall be printed the groups of names of candidates for nomi- 
 nation for United States Senator in Congress, if any, and 
 Representatives in Congress, and for State and district offices. 
 In the parallel columns to the right of the heavy ])lack divid- 
 ing line shall 1)6 printed the groups of names of candidates 
 for nomination to county and township offices, State Senator 
 and Members of Assembly. 
 
PRIMARY ELECTIONS. 25 
 
 In the case of primary elections for the nomination of can- For 
 didates for city or numicipal offices only, tlie groups of names Sffice?s^^^ 
 of candidates may be printed in two parallel colunms and the 
 order of precedence shall l)e determined by the legislative ])ody 
 of sucli city or municipality or by the Board of ]^]lection Com- 
 missioners of any such city and c(nmty. 
 
 6. The names of the candidates shall l)e gnniped and made Names, how 
 to alternate on the ballot, as provided by Section 13 of this ^^'^"p^^- «^- 
 Act, and each grc^up shall Ije preceded by the designation of 
 
 the office for which the candidates seek nomination and the 
 words "Vote for One" or "Vote for Two" or more, according 
 to the number to be nominated. Such designation of the 
 office to be nominated for and of the number of candidates to 
 be nominated shall be printed in heavy-faced Gothic type, not 
 smaller than eight-point. The word or w^ords designating the 
 office shall be printed flush with the left-hand margin, and the 
 words "Vote for One" or "Vote for Two" or more, as the case 
 may be, shall extend to the extreme right of the column and 
 over the voting square. The designation of the office and the 
 direction for voting shall be separated from the names of the 
 candidates })y a light line. 
 
 7 . The names of the candidates shall be printed on the bal- hoj^, name!? 
 lot, without indentation, in Gothic capital type not smaller printed, 
 than eight-point, betw^een light lines or rules three-eighths of 
 
 an inch apart. Under each group of names of candidates shall 
 be printed as many blank spaces, defined by light lines or rules, 
 three-eighths of an inch apart, as there are to be candidates 
 nominated for such office. To the right of the names of the 
 candidates shall he printed a light line or rule so as to form a 
 voting square three-eighths of an inch square. Each group of Square for 
 names of candidates shall be separated from the succeeding stamp^ 
 group by one light and one heavy line or rule. Each series of 
 groups shall be headed by the word "State" "Congressional" 
 "Legislative" "County and Township" or "Municipal" or other 
 proper general classification, as the case may be, printed in 
 heavy-faced Gothic capital type not smaller than eight-point. 
 All official primary election l)allots shall have printed on the 
 back and innnediately l)elow the center thereof, in cighteen- 
 point Gothic capital type the words " Official Primary Election 
 Ballot" and beneath these words the respective counties in 
 which each 1)allot is to be voted. 
 
 8. At the bottom of the last column on any official primarj^ county com- 
 election ballot to be voted in September for the nomination of "^^"eeman. 
 candidates to be voted for at the ensuing November election, 
 
 there shall be left one blank space defined by light lines or 
 rules three-eighths on [of] an inch apart and which shall be 
 preceded l)y the words "County Committeeman," 
 
 9. The i)rimary election ballot shall be printed substantially Form of 
 in tlie following form : baiiot. 
 
26 
 
 PRIMARY ELECTIONS. 
 
 O 
 
 < 
 CO 
 
 o 
 o 
 
 lU 
 
 _i 
 
 LU 
 
 >- 
 
 < 
 
 DC 
 Q- 
 
 _l 
 < 
 
 o 
 
 >- 
 
 H 
 
 z 
 
 D 
 
 o 
 o 
 
 >- 
 m 
 
 CO 
 
 o 
 
 I 
 
 >- 
 
 H 
 QC 
 < 
 Q. 
 
 O 
 
 I- 
 < 
 QC 
 O 
 O 
 
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PRIMARY ELECTIONS. 27 
 
 Sec. 13. Whenever nomination papers have been duly filed Regulations 
 for two or more persons as candidates for nomination to the of names!*"^ 
 same office by any political party the names of all such candi- 
 dates shall be so alternated on the official ballots used in each 
 election precinct that they shall appear thereon substantially 
 an equal number of times at the top, the bottom, and at each 
 intermediate place, if any, of the list of [or] group in which 
 they belong. All officers charged with the preparation and 
 distribution of such ballots shall cause the printer's forms to 
 be so transposed and each block of ballots to be so made up as 
 to carry out the intent thereof. 
 
 Sec. 14. At least twenty days before the September primary sample 
 election each City Clerk or County Clerk in any city or county white paper, 
 shall prepare separate sample ballots for each political party, 
 placing thereon alphabetically, according to surnames, under 
 the appropriate title of each office, the names of all candidates 
 for whom nomination papers have been duly filed with him, 
 or have been certified to him by the Secretary of State, to be 
 voted for at the primary election in his county or city and 
 county. Such sample l^allots shall be printed on white paper. 
 
 Such Clerk shall forthwith submit the ticket of each political ^ubmirticket 
 party to the chairman of the county committee of such party to each party 
 and shall mail a copy to each candidate for whom nomination ^^^^'^™^°- 
 papers have been filed with him or whose name has been cer- 
 tified to him by the Secretary of State, to the postoffice address 
 as given in such nomination paper or certification, and he 
 shall post a copy of each sample ballot in a conspicuous place 
 in his office. Such Clerk or registrar of voters shall also cause sample 
 such sample ballots to be published twice in not more than pubHshed.^^ 
 two newspapers of general circulation published in his county 
 or city and county, and such publication shall be made not 
 more than twenty days nor less than ten days before such pri- 
 mary election, and such Clerk shall print for general distribu- 
 tion one party sample ballot for each party voter in a precinct One for 
 and shall distribute said sample ballots not less than ten days 
 before such primary election. 
 
 On the tenth day before such primary election the County county cierk 
 Clerk shall correct any errors or omissions in the ballot, cause errors in 
 the same to be printed as provided by Section 13 of this Act I'aiiots. 
 and distributed as provided by law, except that the number 
 of party ballots to be furnished to each voting precinct shall 
 be apportioned at the ratio of one hundred and fifty such 
 party ballots for each one hundred voters of such party regis- 
 tered in such precinct. 
 
 In the case of primary elections for the nomination of can- City offices, 
 didates for city offices it shall be the duty of the City Clerk, 
 secretary of the legislative body of such city or municipality, 
 or such other officer charged by law with the duty of prepar- 
 ing and distributing official ballots used at elections in such 
 city or municipality, to prepare and distribute the sample 
 and official primary election ballots, and so far as applicable 
 
28 
 
 PRIMARY ELECTIONS. 
 
 Names of 
 candidates to 
 be published. 
 
 Hours for 
 opening and 
 closing polls. 
 
 Primary 
 election 
 officers. 
 
 Regular 
 election laws 
 to govern. 
 
 Registra- 
 tion, etc. 
 
 Supplemen- 
 tal registers. 
 
 and not otherwise provided lierein the provisions of this Act 
 shall apply to the nomination of all candidates for city offices; 
 provided, that the lists of candidates shall be posted and pul)- 
 lished at least ten days before such primary election and the 
 official ballot printed at least four days before the day of hold- 
 ing such primary election. 
 
 Sec. 15. The polls must l)e open at 8 o'clock of the morn- 
 ing of the day of primary election and must l)e kept open until 
 6 o'clock in the afternoon of the same day when the polls shall 
 be closed; provided, however , if at the hour of closing there are 
 any voters in the polling place, or in line at the door, who are 
 (lualified to vote and have not been able to do so since appear- 
 ing, the polls shall be kept open a sufficient time to enable 
 them to vote. But no one who shall arrive at the polling 
 place after 6 o'clock in the afternoon shall be entitled to vote, 
 although the polls may be open when he arrives. No adjourn- 
 ment or intermission shall l)e taken except as j)rovided in the 
 case of elections. 
 
 Sec. 16. The officers for primary elections shall ])e the same 
 as provided by law for general elections, and such officers shall 
 receive the same compensation for their services at primary 
 elections as provided 'by law for general elections. It shall be 
 the duty of the proper officers to furnish certified copies of the 
 official register, together with the check list for election dis- 
 trict, to one of the inspectors of election as now provided by 
 law. 
 
 Sec. 17. That the qualifications and regulation of voters 
 at primary elections shall ])e subject to the same tests and 
 governed by the same provisions of law and rules and regu- 
 lations as are now prescribed by law for other elections and 
 the same officers who prepare and furnish registers for gen- 
 eral elections shall prepare and furnish them for use at primary 
 elections, and it shall be the duty of the proper officers to 
 furnish a certified copy of the register and supplements thereto, 
 for use at primary elections, which said register shall show 
 the names of all voters entitled to vote at such elections. Said 
 register shall be made by taking the names of all voters on 
 the register used at the last general election in the city, town 
 or county, together with supplemental registers or additions 
 showing all additional registrations, changes and corrections 
 made since the last general registration. The supplemental 
 registers to be made as follows: All persons entitled to reg- 
 ister or vote at any primary election in any town, city or 
 county whose names are not upon the register, or who may 
 be entitled to transfer their registration, shall be entitled to 
 be registered or transferred so as to enable them to vote at 
 such primary elections, and for that purpose it shall be the 
 duty of the officer charged with the registration of voters of 
 such town, city or county to keep his office open for at least 
 fifty days prior to fifteen days immediately preceding such 
 
PRIMARY ELECTIONS. 29 
 
 primary election, and to register all voters entitled to vote at 
 such primary election. 
 
 Said Registr}^ Agent shall ])e paid a reasonable sum for copy- Fees of 
 ing the names from one register to another, the amount to be AglnV^ 
 fixed by the County Commissioners of the county ; for all new 
 names he shall l)e paid as now allowed by law. 
 
 Sec. 18. Any elector desiring to vote at any jirimary elec- ^0^^*^°^^"^ 
 tion on behalf of any party shall give his name and address to 
 the Ballot Clerk, and announce the name of the political party 
 for whose candidates he intends to vote, the Ballot Clerk shall 
 immediately announce the same and the elector's right to vote 
 may be challenged by anj^ elector upon any of the grounds now 
 allowed l)y law as cliallenge to the right to vote at a general 
 election, and upon the further ground that the elector is not a 
 member of the political party for whose candidates he intends 
 to vote. 
 
 That when so challenged, his right to vote must be withheld ^owmet^' 
 unless he makes oath or affirmation as to his bona fide present 
 intention to support the nominees of such political party or 
 organization. It shall be the duty of the Inspector to tender 
 such oath or affirmation to any voter challenged on the grounds 
 as aforesaid. If not challenged, or if the challenge is overruled 
 or withdrawn, the elector shall receive from the Ballot Clerk a 
 l)allot having the designation or heading of the political party 
 demanded b}^ the said elector. 
 
 He shall be instructed, if necessary, by a member of the 
 board as to the proper method of marking and folding his })al- 
 lot, and he shall then retire to an unoccupied booth and with- 
 out undue delay stamp the same with the rubber stamp there 
 found. If he shall spoil or deface the ballot he shall jit once New ballot, 
 return the same to the Ballot Clerk and receive another. 
 
 Sec. 19. The voter shall designate his choice on the ballot ^0^^*^^°* 
 by stamping a cross (X) in the small square oppf)site the name 
 of each candidate for whom he wishes to vote. If he shall 
 stamp more names than there are candidates to be nominated 
 for any office, or if for any reason it is impossible to determine 
 his choice for any office, his ballot shall not ])e counted for 
 such offi(te, but the rest of his ballot, if properly stamped, shall 
 be counted. No ballot shall be rejected for any technical error 
 which does not render it impossible to determine the voter's 
 choice, nor even though such l)allot be somewhat soiled or 
 defaced. 
 
 Sec. 20. When a voter lias stamped his ballot he shall fold Jfg^fj^^ 
 it so that its face shall be concealed and only the printed desig- 
 nation on the back thereof shall be visible, and hand the same 
 to a member of the board in charge of the ballot V)ox. Such 
 folded ballot shall l)e placed in the ])allot box in the presence 
 of the voter, and the name of the voter checked upon the reg- 
 ister as having voted. 
 
 Sec. 21. No adjournment or intermission whatever shall 
 
30 
 
 PRIMARY ELECTIONS. 
 
 Polls open 
 continu- 
 ously. 
 
 Proviso. 
 
 Judges to 
 
 publicly 
 
 canvass. 
 
 Final 
 canvass. 
 
 Clerk 
 to record 
 statement 
 of votes. 
 
 Duplicate 
 statement. 
 
 take place until the polls shall be closed and until all the votes 
 cast at such polls shall be counted and the result publicly 
 announced, but this shall not be deemed to prevent any tem- 
 porary recess while taking meals or for the purpose of other 
 necessary delay; provided, that no more than one member of 
 the board shall at any time be absent from the polling place. 
 
 Sec. 22. As soon as the polls are finally closed the judges 
 must immediately proceed to canvass the votes cast at such 
 I)rimar3' election. The canvass must be public, in the presence 
 of bystanders, and must be continued without adjourment 
 until completed, and the result thereof declared. Except as 
 hereinafter provided, the canvass shall be conducted, com- 
 pleted and returned as provided by law. 
 
 The number of ballots agreeing or being made to agree with 
 the number of names on the lists, as now provided by law, the 
 board must take the ballots from the box, count those cast by 
 each party, and string them separatelj^; count all the votes 
 cast for each party candidate for the several offices and record 
 the same on separate tally lists for each party. 
 
 Sec. 23. The Board of County Commissioners of each county 
 or in the case of a city or municipal primary election, the offi- 
 cers charged by laiv with the duty of canvassing the votes at 
 any city or municipal election in such political subdivision, 
 shall meet at the usual place at 1 o'clock in the afternoon of 
 the first Friday after each primary election to canvass the 
 returns. 
 
 If at the time of meeting the returns from each precinct in 
 the county, city and county or other political subdivision in 
 which polls were open have been received the board must then 
 and there proceed to canvass the returns; but if all these 
 returns have not been received the board may adjourn to 1 
 o'clock in the afternoon of the following Monday, when the 
 canvass shall begin and be continued until completed, which 
 shall not be later than 6 o'clock in the afternoon of the tenth 
 day following such primary election. 
 
 The Clerk of the Board must, as soon as the result is declared 
 enter upon the records of such board a statement of such 
 results, which statement shall contain the whole number of 
 votes cast for each candidate of each political party, and for 
 County Committeeman, if anj^ and a duplicate as to each 
 political party shall be delivered to the county, city and county, 
 or city chairman of such political party, as the case may be. 
 
 The Clerk shall also make an additional duplicate state- 
 ment in the same form, showing the votes cast for each 
 candidate not voted for wholly within the limits of such 
 county, or city and county. The County Clerk in any county 
 shall forthwith send to the Secretary of State by registered 
 mail one complete copy of all returns as to such candidates 
 and as to all candidates for the State Assembly, State Senate, 
 Representatives in Congress, and judicial offices, except Jus- 
 tices of the Peace. 
 
PRIMARY ELECTIONS. 31 
 
 The Clerk shall also prepare a separate statement of the 
 names of the candidates of each political party who have 
 received the highest number of votes for the several offices to 
 be voted for wholly within such county, city and county or 
 other political subdivision in which such primary election was 
 held. 
 
 The Secretary of State shall, not later than the twenty-fifth Secretary 
 day after any primary election, compile the returns for all compile 
 candidates voted for in more than one county, and for all returns, 
 candidates for the Assembly, State Senate, Representatives in 
 Congress and judicial officers, except Justices of the Peace, and 
 shall make out and file in his office a statement thereof. 
 
 Sec'. 24. The person receivhig the highest number [of ^^^eeman™" 
 votes] at a primary election as the candidate for the nomina- 
 tion, of a political party for an office shall be the candidate of 
 the party for such office, and his name as such candidate shall 
 l)e i)laced on the official ballot voted at the ensuing election, 
 and the elector receiving the highest number of votes of his 
 party in his precinct for County Committeeman shall be the 
 County Committeeman of his party for the ensuing two years. 
 
 It shall be the duty of the officers charged with the canvass certificates 
 of the returns of any primary election in any county, city and fJa^fon! 
 county, or municipality to cause to be issued official certifi- 
 cates of nomination to such party candidates as have received 
 the highest number of votes as the candidate for the nomina- 
 tion of such party for any ^offices to be voted for wholly within 
 such county, city and county, or municipality; and cause to 
 l)e issued to such County Committeeman a certificate of his 
 election. 
 
 It shall be the duty of the Secretary of State to issue official same, 
 certificates of nomination to candidates nominated under pro- 
 visions of this Act for Representatives in Congress and officers 
 voted for in more than one county. 
 
 It shall also be the duty of the Secretary of State to com- Returns for 
 pile the returns for United States Senator in Congress, if any, states 
 and prepare a statement thereof. A duplicate of such state- senator, 
 ment in so far as it shall be applicable to such party shall be 
 transmitted to the State Chairman of each political party. 
 And it shall be the duty of the Secretary of State to transmit 
 duplicates of such statements to the Speaker of the Assembly 
 and to the President of the Senate on the first day of the next 
 ensuing session of the Legislature, together with his official 
 certificates of nomination for the candidates for United States 
 Senator in Congress, who received the highest number of votes 
 cast by their respective party at the primary election. 
 
 Sec. 25. The County Committee of any party shall con- County 
 sist of one member from each voting precinct in such hSw™'fmed. 
 county, or city and county, elected at the last preceding pri- 
 mary election as provided in subdivision 8 of Section 12 of 
 this Act, to hold office for the term of two years and until their 
 successors are elected. The County Committeemen so elected 
 
32 
 
 PRIMARY ELECTIONS. 
 
 Aissembly 
 
 District 
 
 Committee. 
 
 State 
 
 iSenatorial 
 
 Committee. 
 
 Congres- 
 sional 
 District 
 Committee. 
 
 State Central 
 Committee. 
 
 Platforms, 
 how framed 
 and when 
 promul- 
 gated. 
 
 State Central 
 Committee. 
 
 iiiiist meet at the court house at the eountj'-seat on the second 
 Tuesdaj^ after such primary election at the hour of 2 p. m. 
 and then shall organize by the election of a chairman and sec- 
 retary and may then and not thereafter select from among 
 their meml^ers an executive committee. 
 
 p]ach party candidate nominated for the State Assembly 
 may, not later than Tuesday, two weeks after the primary elec- 
 tion, appoint an Assembly District Committee, which commit- 
 tee shall consist of not less than one member from each voting 
 precinct in such Asseml^ly District. Such committee, if any, 
 shall serve for the term of two years. 
 
 Each party candidate nominated for the State Senate ma3% 
 not later than Tuesday two weeks after the primary election, 
 appoint a State Senatorial Committee, which committee shall 
 consist of not less than seven members in such State Senatorial 
 District. Such committee, if anj^ shall serve for a term of 
 four years. 
 
 Each party candidate nominated for Representative in Con- 
 gress may, not later than Tuesday three weeks after the pri- 
 mary election, appoint a Congressional District Committee, 
 which committee shall consist of not less than one nor more 
 than three meml:)ers from each county in such Congressional 
 District. Such committee, if miy, shall serve for the term of 
 two years. 
 
 State Central Committees shall be selected as hereinafter 
 provided. Each such committee may select an executive com- 
 mittee and shall choose its officers by ballot and each commit- 
 tee and its officers shall have the powers usually exercised l)y 
 such committees and the officers thereof in so far as may be 
 consistent with this Act. The various officers and committees 
 now in existence shall exercise the powers and perform the 
 duties herein prescribed until their successors are chosen in 
 accordance with the provisions of this Act. 
 
 Sec\ 26. In the years when a Governor and other State 
 officers are to be elected the candidates for State officers and 
 for Senate and Assembly nominated by each political party 
 at such primary election and State Senators of such political 
 party whose term of office extends beyond the first Monday 
 in January of the j^ear next ensuing shall meet at the State 
 Capital at 2 o'clock in the afternoon of the fourth Tuesday of 
 September after the date on which any primary election is held 
 preliminary to such general State election. They shall forth- 
 with formulate the State platforms of their party, which said 
 State platform of each political party shall be framed nt such 
 time that it shall l)e made public iK^t later than 6 o'clock in 
 the afternoon of the following Thursday. 
 
 It shall also proceed t(^ elect a State Central Committee, to 
 consist of at least three members from each county, who shall 
 hold office until a new State Central Committee shall have been 
 selected. In years when a State Convention assembles to select 
 delegates to a National Convention, to nominate a candidate 
 
PRIMARY ELECTIONS. 33 
 
 for President and for Vice-President of the United States, such 
 State Convention shall have the power to formulate their party 
 platform and to select such new State Central Committee, 
 which shall consist of at least one member from each county, 
 which committee shall hold and exercise its power until the 
 candidates for State offices and for Senate and Assembly to be 
 voted for at the next ensuing State election shall assemble and 
 select their successors. Such State Central Committee shall 
 meet and organize at a time and place to be designated by the 
 body selecting such State Central Committee, and such corti- 
 mittee may then and thereafter select an executive committee. 
 
 Sec. 27. Vacancies occurring after the holding of any pri- vacancies, 
 mary election shall l)e filled hy the party committee of the city, ^^^ ^"®^' 
 county, city and county, district or State, as the case may be. 
 
 Sec. 28. In the case of a tie vote, if for an office to be voted Tie votes, 
 for wholly within one county, or city and county, the county, ^"^ ^^ecided. 
 city and county, and City Board, as the case may be, shall forth- 
 with sunnnons the candidates who have received such tie votes 
 to appear l)efore such board, and such board in the presence 
 of such candidates shall determine the tie by lot. In the case 
 of a tie vote for an office to be voted for in more than one 
 county, such tie shall l)e determined by lot by the Secretary of 
 State in the presence of the candidates. 
 
 Sec. 29. Whenever it shall be made to appear by affidavit Errors or 
 to any Justice of the Supreme Court or Judge of the District SS'w ''°°^' 
 Court of the proper c(^unty that an error or omission has corrected, 
 occurred or is about to occur in the placing of any name on an 
 official primary election ballot, that any error has been or is 
 about to be ctmimitted in printing such a ballot, or that any 
 wrongful act has been or is about to be done by any Judge or 
 Clerk of a primary election. County Clerk, registrar of voters 
 in any city or county, canvassing board or any member thereof, 
 or other person charged witli any duty concerning the primary 
 election , or that any neglect of (luty has occui-red or is about to 
 occur, such Justice of the Supreme Court or Judge of the Dis- 
 trict Court shall order the officer or person charged with such 
 error, wrong or neglect, to forthwith correct the error, desist 
 from the Avrongful act or perform the duty or forthwith show 
 cause why he should not do so. Any person who shall fail to 
 obey the order of such Justice of the Supreme Court or Judge 
 of the District Court shall be cited forthwith to show cause 
 why he shall not be adjudged in contempt of court. 
 
 Sec. 30. Any candidate at a primary election desiring to contest, 
 contest the nomination of another candidate for the same Fon^^ ^^^ 
 office may proceed by affidavit within five days after the com- 
 pletion of the canvass as provided in Section 29 of this Act. 
 And the contestee shall be required by the order of such Jus- 
 tice of the Supreme Court or Judge of the District Court to 
 appear and abide the further order of the court. 
 
 Sec. 31. Any person who, being in possession of any nomi- Penalties for 
 nation paper or papers and affidavits entitled to be filed under me^pape?s. 
 
34 
 
 GENERAL ELECTION. 
 
 General law 
 to govern, 
 when. 
 
 Duties of 
 Secretary of 
 State and 
 Attorney- 
 General. 
 
 Repeal. 
 In effect. 
 
 the provisions of this Act, shall wrongfully either suppress, 
 neglect or fail to cause the same to ])e filed at the proper time 
 and in the proper place shall be guilty of a misdemeanor, and 
 upon trial and conviction thereof shall be punished by a fine 
 of not less than one hundred dollars nor more than five hun- 
 dred dollars, or by imprisonment in the county jail for not 
 less than thirty days nor more than six months, or by both 
 such fine and imprisonment. 
 
 Anj^ act or omission declared to be an oft'ense by the general 
 laws of this State concerning primaries and elections shall 
 also in like case be an offense concerning primary elections as 
 provided for by this Act, and shall be punished in the same 
 manner and form as therein provided, and all penalties and 
 provisions of the law governing elections, except as herein 
 otherwise pro^sdded, shall apply in equal force to primary 
 elections as provided for by this Act. 
 
 Sec. 32. It shall be the dut}^ of the Secretary of State and 
 the Attorney-General to prepare on or before August 1, 1909, 
 all forms necessary to carry out the provisions of this Act, 
 which forms shall be substantially followed in all primary 
 elections held in pursuance hereof. 
 
 Sec. 33. All Acts or parts of Acts inconsistent with or in 
 conflict with the provisions of this Act are hereby repealed. 
 
 Sec. 34. This Act shall take effect and be in force from 
 and after July 1, 1909. 
 
 GENERAL ELECTION. 
 
 General 
 elections, 
 when held. 
 
 Duties of 
 County Com- 
 missioners. 
 
 Precinct 
 established, 
 how and 
 when. 
 
 An Act relating to elections. 
 
 Approved March 12, 1873. 
 
 Section 1 . A general election shall be held in the several 
 election precincts in this State, on the Tuesday next after the 
 first Monday of November, one thousand eight hundred and 
 seventy-four, and every two years thereafter, at w^hich there 
 shall be chosen all such officers as are by law to be elected in 
 such year, unless otherwise provided for. 
 
 Sec. 2. It shall be the duty of the Boards of County Com- 
 missioners to establish election precincts and define the bound- 
 aries thereof, and to alter, consolidate and abolish the same as 
 public convenience or necessity may require; pi^ovided, First — 
 That no new precinct shall be established except upon the 
 petition of ten or more qualified electors, permanently resid- 
 ing in the district sought to be established, showing that they 
 reside more than ten miles from any polling place in said 
 county, unless it shall appear to the satisfaction of said board 
 that not less than fifty qualified electors reside in said precinct, 
 in which event said precinct may be established without regard 
 to the distance which said electors reside from another polling 
 place or precinct. Second — That no election shall be held in 
 
GENERAL ELECTION. 35 
 
 any precinct in which there shall not be at least ten qualified 
 electors, permanently residing therein at the time notice of 
 holding an election therein shall be given. Third — All quali- 
 fied electors residing in any election precinct in which there 
 are less than ten qualified electors permanently residing 
 at the time notice of holding elections are given, shall be 
 entitled to register and vote in the election precinct having 
 a polling place nearest their residence, by the usual trav- 
 eled route. Fourth — That no election precinct shall be estab- Number of 
 lished or election held at anj^ place in any precinct within ^reclnj? 
 one mile of another voting place in the same county, 
 unless there shall have been polled, at said voting place, 
 at the next preceding general election not less than fifty, 
 votes.* It shall also be the duty of said Boards of Com- Duties of 
 missioners, at their first regular meeting in October preceding SSne^rs"^' 
 each general election (and fifteen days preceding each special 
 election), to appoint three capable and discreet persons, pos- 
 sessing the qualifications of electors (who shall not all be of 
 the same political party), to act as Inspectors of Election at 
 each election precinct ; and the Clerk of said board shall forth- 
 with make and deliver to said Inspectors personally, notice 
 thereof in writing, or deposit the same in the postoffice, regis- 
 tered, and postage prepaid, directed to the Registry Agent of 
 the precinct for which each of said Inspectors is appointed, 
 and it shall be the duty of said Registry Agents, within ten 
 days after the receipt thereof, to serve the same upon each of 
 said Inspectors of Election. As amended, Stats. 1875, p. 59 ; 
 1885, p. 21. 
 
 Se(;. 3. It shall be the duty of the Board of Countv Com- sheriff to be 
 missioners to cause their Clerks to furnish the Sheriff with pTbooiS"*' 
 poll books and all other supplies required to be provided by ^^^ other 
 said board for the Inspectors and Clerks of Election, and the ^^'^'^^^^• 
 Clerk shall at the same time deliver to the Sheriff the ballot 
 })Oxes and keys, the official ballots, the sample ballots and the 
 printed instructions which he is required to give for the guid- 
 ance of voters for obtaining and marking their ballots, and the 
 Sheriff shall deliver said poll books, supplies, })allot boxes Sheriff to 
 and keys, and said official ballots, sample ballots and printed ?nsS;or. 
 instructions altogether to one of the Inspectors of every elec- 
 tion precinct in the county, at least one day before the time of 
 holding any election. As amended, Stats. 1899, p. 107. 
 
 Sec. 4. The several Boards of County Commissioners shall ^^y" 
 cause their Clerks at least twenty (20) days before any general Cointy 
 election and at least fifteen (15) days before any special elec- detfveVt^o^" 
 tion, to make out, and send by mail to the respective Registry J^^'^^^'y 
 Agents of their county, three (3) written or printed notices for noticelof 
 the election, to be, as nearly as circumstances will admit, as ^^^^^^ion. 
 follows : 
 
 Notice is hereby given that on the first Tuesday, the 
 
 *See Act of March 6, 1889, limiting the number of votes in each precinct.— 
 Itats. 1889, p. 73. 
 
36 GENERAL ELECTION. 
 
 Form of day of iiext, at the house of 
 
 (in city, town, district or precinct) of , in the 
 
 County of , an election will be held for State, 
 
 county, district, town or township officers (naming the offices 
 to be filled, as the case may be) , which election shall be opened 
 not later than 8 o'clock a.m., and shall continue until 6 o'clock 
 
 p. m. of the same day. Dated this day of , 
 
 A. D 
 
 (Signed) A. B., 
 
 Clerk of the Board of County Commissioners. 
 
 Sec. 5. The respective Registry Agents, to whom such 
 
 Notice to be notice shall be delivered, shall put up in three of the most 
 
 fifteen days Public places of each precinct the notices referring to such 
 
 eStionVa P^^^i^^^^^s at least fifteen days pre\'ious to the time of holding 
 
 any general election, and at least eight days previous to the 
 
 Special time of holding any special election ; one of said notices to be 
 
 eight da^ys. posted at the house where the election is authorized to be held, 
 
 and the others at two of the most pul)lic and suitable places 
 
 in the precinct. 
 
 Sec. 6. If in any precinct any of such Inspectors are unwill- 
 nlspectora of ^^^^ ^^ scrvc as Inspectors they shall notify the Board of County 
 Election. Commissioners thereof, within five days after the receipt of the 
 notice of their appointment, w^ho shall immediately appoint 
 some suitable person to fill the vacancy and to serve at such 
 election. A failure to notify the Board of County Commis- 
 sioners of an unwillingness to serve as Inspector, as herein 
 Penalty for provided, shall subject the person to a penalty of not less than 
 negec. ^^^ ^^^. more than one hundred dollars, to be sued for and 
 recovered by said Board of County Commissioners, for the use 
 of the county, before any Justice of the Peace of such county. 
 If, through any accident, sickness or inability on the day of 
 election, of such Inspectors, or any one thereof, to serve, the 
 Inspector or Inspectors present on the morning of the election 
 may appoint some suitable person to fill the vacancy. 
 
 Sec. 7. The said Inspectors shall choose two persons hav- 
 Dutiesof ^ ing similar qualifications with themselves to act as Clerks of 
 Election/ tlic election. The said Inspectors shall be and continue 
 Inspectors of all elections of civil officers to be held at their 
 respective precincts, until other Inspectors shall be appointed 
 as hereinbefore directed; and the said Clerks of Election may 
 continue to act as such during the pleasure of the Inspectors 
 of Election. 
 
 Sec. 8. Previous to votes being taken, the Inspectors and 
 ^ffi^*^°°t Clerks of Election shall, severally, take the prescribed official 
 be sworn. oath, and, in addition thereto, an oath or affirmation in the 
 following form to wit : " I, A. B. , do solemnly swear (or affirm, 
 as the case may be) that I will perform the duties of Inspector 
 (or Clerk, as the case may l)e) of the election to be held this 
 day, according to law and the best of mj^ ability, and that I 
 will studiously endeavor to prevent fraud, deceit, and abuse in 
 
GENERAL ELECTION. 37 
 
 any manner, in conducting the same. So help me God (or if 
 an affirmation mider the pains and penalties of perjury)." 
 
 Sec. 9. In case there shall be no Judge or Justice of the who may 
 Peace present at the opening of the election, or in case such oath^°^^ ^^ 
 Judge or Justice shall be appointed Inspector or Clerk of the 
 election, they are hereby empowered to administer the oath or 
 affirmation to each other, and to the Clerks of the election, 
 and the person administering the oath or affirmation shall 
 cause an entry thereof to be made and subscribed by him in 
 the poll ])ooks. 
 
 Sec. 10. At all elections to be held under this Act, the opening and 
 polls shall be open at the hour of eight o'clock in the fore- ^^^'^°^ p°"'- 
 noon, and continue open until six o'clock* in the afternoon 
 of the same day, at which time the polls shall be closed, and 
 upon opening the polls, one of the Clerks, under the direction 
 of the Inspectors, shall make proclamation of the same, and 
 thirty minutes l^efore closing of the polls, proclamation shall 
 be made in like manner that the polls will be closed in half 
 an hour; but the board may, in their discretion, adjourn the 
 polls for one hour at any time they may think proper during 
 the day, before four o'clock in the afternoon, proclamation of 
 the same being made. 
 
 Sec. 11. There shall be provided and kept bj^ the County Baiiot boxes 
 Commissioners of each county, at the expense of the county, ^'^i^^^^^®*^- 
 a suitable ballot box, with a lock and key, and furnish the 
 same to the Inspectors of each election precinct or district 
 within their county. 
 
 Sec. 12. There shall be an opening through the lid of each Baiiot boxes 
 box of no larger size than shall be sufficient to admit a single examined, 
 folded ballot. Before opening the polls, the ballot box shall 
 be carefully examined by the Inspectors of Election, that noth- 
 ing may remain therein ; it shall then be locked and the key 
 thereof delivered to one of the Inspectors, to be designated by 
 the majority thereof, and shall not be opened during the elec- 
 tion, except in the manner and for the purposes hereinafter 
 mentioned. 
 
 Sec. 13. Every elector shall, in full view, deliver to one of see Sees. 19 
 the Insi)ectors of the Election a single ballot or piece of paper, inclusive, 
 on which shall be written or printed the names of the persons eSSiaw 
 voted for, with a pertinent designation of the offices to which 
 each person so named is intended by him to be chosen . Said 
 ballot may be opened or folded, as the voter may choose, and 
 the said ballot shall, in color, size, form and texture, conform 
 to the requirements set forth in the proclamation of the County 
 Commissioners of each county; and, further, that said ballot 
 or ticket shall be free from marks, characters or device or 
 thing that would enable any person to distinguish by the back, 
 or when folded, from any other legal ticket or ballot. 
 
 *See Act of March 6, 1889, post. 
 
38 
 
 GENERAL ELECTION. 
 
 Obsolete. 
 
 Duties of 
 oflScers of 
 election. 
 
 See Sec. 20, 
 Australian 
 Ballot law. 
 
 Sec. 14. It shall be the duty of the Board of County Com- 
 missioners, at the time of issuing their election proclamation, 
 as provided in section four of this Act, which shall be a part 
 of the said proclamation, to designate fully the color, size, 
 form and texture of all ballots to be used at the ensuing elec- 
 tion. Said ballot shall be of sufficient width to allow names 
 to be written thereon. It shall be the duty of the Inspectors 
 of Election, at each poll, at every election, to have before 
 them a certified copy of the register of voters of the j)recinct 
 or district for which they are the Inspectors provided by law; 
 and the Inspector to whom any ticket may be delivered shall, 
 upon receipt thereof, pronounce with an audible voice the 
 name of the person offering to vote, and another one of the 
 Inspectors shall examine the certified copy of the register, 
 and if the name of the person is found thereon, his ticket 
 shall immediately be put in the ballot box without being 
 inspected, if it be a folded ballot. The name of the elector 
 shall then be checked on the certified copy of the register, and 
 the Clerks of Election shall enter his name and number in the 
 poll book. No person shall be permitted to vote whose name 
 is not on the register, and who shall refuse to comply with the 
 requirements of section thirteen of this Act. Said register 
 shall be to said Inspectors of Election conclusive evidence of 
 the right of the person to vote whose name appears upon the 
 same; %wovided, that said Inspectors of Election may require 
 any person to give true answers under oath or affirmation to 
 all such questions as they may desire to ask touching the iden- 
 tity of the person with the name in or under which he may 
 wish to vote; provided, that in all cases said ballots shall be 
 printed on a good quality of white book paper. 
 
 See Act of March 13, 1891. Sections 13, 14, 18, 19, 20 and 21 of this Act, in 
 so far as they relate to the form of ballot and manner of preparing and cast- 
 ing ballot, are superseded by the Act of March 13, 1891, post. 
 
 Sec. 15. At each adjournment of the polls, the Clerks shall, 
 in the presence of the Inspectors, compare their respective poll 
 lists, compute and set down the number of votes, and correct 
 all mistakes that may be discovered, according to the decision 
 of a majority of the Inspectors, until such poll lists shall be 
 made in all respects to correspond. 
 
 Sec. 16. The ballot box shall then be opened and the poll 
 Eispectorsof ^>o^ks placed therein; and such box shall then be locked, and 
 Election. a Covering, which shall be indorsed by one of the Inspectors, 
 sealed or pasted over the opening in the lid of the said box so 
 as to entirely cover the same, and the key delivered to another 
 of the Inspectors, and the box to a third, to be designated by 
 a majority of the Inspectors. 
 
 Sec. 17. The Inspector having the key shall keep it in his 
 own possession, and deliver it again to the Board of Inspectors 
 at the next opening of the polls, and the Inspector having the 
 care of the box shall carefully keep it, without opening it or 
 suffering it to be opened, or the seal thereof to be broken or 
 
 Obsolete. 
 
 Duties of 
 Clerks of 
 Election. 
 
 Ballot box 
 and kej', 
 how kept. 
 
GENERAL ELECTION. 39 
 
 removed, and shall publicly, in that condition, deliver it to the 
 Board of Inspectors at the next opening of the polls, when the 
 seal shall be broken and the box opened, the poll books taken 
 out, and the box again locked. 
 
 Sec. 18. No ticket or ballot shall on the day of election See Sees. 20 
 be given or delivered to, or received by, any person except Australian 
 the Inspector, or a Judge acting as Inspector, nor fold any^a^otiaw. 
 ticket or unfold any ballot which he intends to use in voting, 
 or exhibit to another in any manner by which the contents 
 thereof may be known, or request another person to exhibit 
 or disclose the contents of any ticket or ballot, within one 
 hundred feet of the polling place; provided, that in case any 
 elector voting an open ticket, the Inspector, or Judge acting 
 as Inspector, may fold the same before placing it in the bal- 
 lot box. 
 
 Sec. 19. If the names of more persons are designated on SeeSec. 26, 
 any ballot found in the ballot box, for the same office, than Banoffa^w. 
 are to be chosen for such office, then, except in the cases pro- 
 vided for in the next section,' all the names designated for such 
 office must })e rejected; and the fact of such rejection, and the 
 reason therefor must, at the time for such rejection, be dis- 
 posed of as provided in section twenty-six of this Act. 
 
 Sec. 20. When, upon a ballot being found in any ballot 
 box, a printed name and a name written with ink or with pen- 
 cil appear, and there are not so many persons to be chosen for 
 the office, the printed name opposite the written name must 
 be rejected and the written one counted; or when, upon a 
 ballot found in any ballot box, a name has been erased, and 
 another substituted therefor, in any other manner than by the 
 use of a lead pencil or common writing ink, the substituted 
 name must be rejected, and the name erased, if it can be ascer- 
 tained from an inspection of the ballot, must be counted, and 
 the fact thereof noted, and the said ballots disposed of as pro- 
 vided in section twenty-six of this Act. 
 
 See Act of March 13, 1891, post. Sections 18, 19, and 20 superseded by Act 
 of March 13, 1891. 
 
 Sec. 21. Whenever a question arises in the board as to the Legality of 
 legality of a ballot, or any part thereof, and the board decide ^^"^*- 
 in favor of the legality, such action shall be taken as in case 
 of a rejected ballot. 
 
 Sec. 22. Every person who makes, offers or accepts any Prohibitions 
 bet or wager upon the result of any election, or upon the sue- penalty 
 cess or failure of any person or candidate, or upon the number 
 of votes to be cast, either in the aggregate or for any partic- 
 ular candidate, or upon the vote to be cast by any person, is 
 guilty of a misdemeanor. 
 
 Sec 23. It shall be the duty of the Board of County Com- county com- 
 missioners of the several counties of the State at their regular to' determine 
 meeting in October preceding any general election (and fifteen ^elSy^ "^ 
 days preceding each special election) to determine the number Sheriffs to 
 of special Deputy Sheriffs to be appointed by the Sheriff of the Ifectlon. 
 
 k 
 
40 
 
 GENERAL ELECTION. 
 
 Who may 
 challenge. 
 
 Oath of 
 elector on 
 challenge. 
 
 Vote 
 
 canvassed. 
 
 how. 
 
 Vote 
 
 canvassed, 
 
 when. 
 
 Ballot box, 
 how purged. 
 
 Duties of 
 Clerks of 
 Election. 
 
 several counties to serve at each election precinct, for the pur- 
 pose of preserving order and making arrests, to be paid as 
 other fees. As amended, March I4., 1901. 
 
 Sec. 24. A person offering to vote may be orally challenged 
 by any elector of the precinct, upon the ground that he is not 
 the person entitled to vote as claimed, or has voted before on 
 the same day, in which case the Inspector or one of the 
 Judges shall tender him the following oath: "You do swear 
 (or affirm) that you are the person whose name is entered 
 upon the registry list of this precinct." In case such per- 
 son refuse to take the oath so tendered, he shall not be 
 allowed to vote, and the Clerks of the election shall write the 
 word "Challenged" opposite the name of each person challenged 
 upon the registry. 
 
 Sec. 25. - As soon as the polls of the election shall be finally 
 closed the Inspectors shall immediately proceed to canvass the 
 vote given at such election; and the canvass shall be public 
 and continue without adjournment until completed.* 
 
 Sec. 26. The canvass shall commence by a comparison of 
 the poll lists from the commencement, and a correction of any 
 mistake that may be found therein, until they shall be found 
 to agree. The box shall then be opened and the ballots con- 
 tained therein taken out and counted by the Inspectors, and 
 opened so far as to ascertain whether each ballot is single ; and 
 if two or more Ijallots shall be found so folded together as to 
 present the appearance of a single ballot, they shall be laid 
 aside until the count of the ballots is completed ; and if, on 
 comparison of the count with the poll lists and the appearance 
 of such ballots, a majority of the Inspectors shall be of the 
 opinion that the ballots thus folded together were voted by one 
 elector, they shall be rejected, and carefully sealed up in an 
 envelope, upon which shall be written the reason of their 
 rejection, and shall be signed by the Inspectors; and placed 
 back in the ballot box, to be retained with the other l)allots, 
 as provided in section twenty-nine of this Act. 
 
 Sec. 27. If the ballots in the box shall be found to exceed 
 in number the whole number of votes on the poll lists, they 
 shall be replaced in the box, after being purged as above, and 
 one of the Inspectors, with his back turned to the box, shall 
 publicly draw out and destroy therefrom so many ballots, 
 unopened, as shall equal the excess. 
 
 Sec. 28. The ballots and poll lists agreeing, or being made 
 to agree, the board shall then proceed to count and ascertain 
 the number of votes cast, and for whom cast, and when com- 
 pleted the Clerks shall set down in their poll books the name 
 of every person voted for, written at full length, the office for 
 which such person received such votes, and the number he did 
 receive, the number being expressed in writing at full length, 
 and also in figures; such entry to be made, as nearly as the 
 circumstances will admit, in the following form, to wit: 
 
 *See Act approved March 6, 1889, post. 
 
GENERAL ELECTION. 41 
 
 At an election held at the house of A. B., in the town (or Certificate 
 
 precinct) of , in the County of , and the State of office?^°" 
 
 Nevada, on the day of , A. D , the following- 
 named persons received the number of votes annexed to their 
 respective names for the following described offices, to wit: 
 
 A. B. had votes for Member of Congress. 
 
 C. D. had votes for State Treasurer. 
 
 E. F. had votes for State Controller. 
 
 G. H. had votes for State Superintendent of Public 
 
 Instruction . 
 
 I.J. had votes for member of the State Senate. 
 
 K. L. had votes for member of the Assem])ly. 
 
 (And in like manner for any other person voted for.) 
 Certified by us : M . N . , 
 
 O.P., 
 Q.R., 
 
 Inspectors of Election. 
 
 Attest: A. B., 
 
 CD., 
 Clerks of Election. 
 
 Sec. 29. The Inspectors shall file the ballots on a string. Disposition 
 inclose and seal the same, together with one of the tally lists, after"^*^ ' 
 and one of the poll books, under cover, directed to the Clerk of canvass, 
 the Board of County Commissioners of the county in which 
 such election was held, or such other officer as is herein pro- 
 vided, indorsed "Election Returns"; jwovided, that if said 
 Clerk of the Board of Commissioners, as County Clerk, or any 
 one of the following-named county officers was voted for office 
 at the last election, he shall not be the custodian of such elec- 
 tion returns; but such returns shall be directed and delivered 
 to the county officer who was not a candidate and voted for Disposition 
 office in the folloAving order: Second — The County Recorder, "f returns. 
 Third — The County Treasurer. Fourth — The County Assessor. 
 Fifth — The Chairman of the Board of County Commissioners. 
 Sixth — One of the County Commissioners. And said custo- 
 dian shall comply with the provisions of section thirtj^ of this 
 Act. The packet thus sealed shall be conveyed by one of the 
 Inspectors or Clerks of Election, to be determined by lot, if See Act of 
 
 «/ 7 March 6 1889 
 
 they cannot otherwise agree, or by some other person to be 
 
 agreed upon by the Inspectors, and delivered to said Clerk of 
 
 the Board of County Commissioners, or the county officer as 
 
 herein provided, at his office within ten days from the close of 
 
 the polls.* The poll book, tally list, certified copy of register, 
 
 ballot box and ballots thus enclosed and sealed shall, after the Disposition 
 
 canvass of the votes by the Board of County Commissioners, ofbaiiotbox. 
 
 be deposited in the office of the Board of Commissioners, and 
 
 preserved until the next general election . The other poll book 
 
 and tally lists shall be deposited with one of the Inspectors of 
 
 Election, to be determined by lot, if not otherwise determined, 
 
 *See Act approved March 6, 1889, post. 
 
42 GENERAL ELECTION. 
 
 agreed upon, and said poll book and tally list, together with 
 the poll book and tally list deposited with the Board of County 
 Duties of Commissioners, shall be subject to the inspection of any elector, 
 m^sSoners.'" at any time thereafter, who may wish to examine the same; 
 provided, however, that the ballots so deposited with the Board 
 of County Commissioners shall not be subject to the inspection 
 of any one, except in cases of contested elections, and then 
 only by the Judge, body or board before whom such election 
 is being contested. As amended, Stats. 1879, p. 117; Stats. 
 1889, p. 67. 
 
 Sec. 30. On the tenth day (or if that day shall fall on 
 County Com- Sunday, then on the Monday following) after the close of any 
 to^canvass. election, or sooner, if all the returns be received, the Board of 
 County Commissioners shall proceed to open said returns and 
 make abstracts of the votes. Such abstract of votes for mem- 
 ber or members of Congress shall be on one sheet; the abstract 
 of votes for members of the Legislature shall be on one sheet; 
 and the abstract of the votes for district and State officers 
 shall be on one sheet ; and the abstract of votes for county and 
 township offices shall be on one sheet. And it shall be the 
 duty of the Board of County Commissioners to cause a certifi- 
 cate of election to be made out by the respective Clerks of 
 said Board of County Commissioners to each of the persons 
 having the highest number of votes for members of the Legis- 
 lature, district, county and township offices, respectively, and 
 to deliver such certificate to the person entitled to it on his 
 making application to said Clerk at his office; 'provided, that 
 Tie. when a tie shall exist between two or more persons for the 
 
 Senate or Assembly, or any other county, district or township 
 officer, any of said persons shall have the right to demand of 
 Recount. the Board of County Commissioners a recount of all the ballots 
 cast for them for the office for which they were candidates; 
 and provided, further, that if after said recount has been had, 
 the vote between them or any of them shall still remain a tie, 
 the Board of County Commissioners shall order their Clerk to 
 xe^ give notice to the Sheriff of the county, who shall immediately 
 
 when*^"' advertise another election, giving at least ten days' notice. 
 And it shall be the duty of the said Clerk of said Board of 
 County Commissioners of said county, on receipt of the return 
 of any general or special election, to make out his certificate 
 of election; stating therein the compensation to which the 
 Inspectors and Clerks of Election may be entitled by law for 
 their services, and lay the same before the Board of Commis- 
 sioners at their next session; and the said board shall order 
 the compensation aforesaid, if correct, to be paid out of the 
 county treasury. As amended, February 23, 1889, p. J/.2. 
 Sec. 31. The Board of County Commissioners, after mak- 
 Dutyof ing the abstract of votes, as provided in section thirty, shall 
 m^sSoners™ cause their Clerk, by an order, made and entered in the 
 minutes of their proceedings, to make a copy of said abstract, 
 
GENERAL ELECTION. 43 
 
 and forthwith transmit the same to the Secretary of State at 
 the seat of government. If the Board of County Commis- 
 sioners should neglect or refuse to make the order, as required 
 by this Act, they, and each of them, shall be guilty of a mis- 
 demeanor in office, and shall on conviction thereof, be liable 
 to a fine of not less than one hundred dollars, or more than Penalty for 
 five hundred dollars, each, and imprisonment in the county ^^^^^^^ance. 
 jail for not less than ten and not more than one hundred 
 days each, or both such fine and imprisonment, and shall be 
 removed from office. And on the third Monday of December 
 succeeding such election, the Chief Justice of the Supreme 
 Court and the Associate Justices, or a majority thereof, shall 
 meet at the office of the Secretary of State, and shall open and 
 canvass the vote for members of Congress, district and State canvass for 
 officers ; and the Governor shall grant a certificate of election ^*^*^ officers 
 to and commission the persons having the highest number of 
 votes, and shall also issue proclamation, declaring the election 
 of such persons. But in case there shall be no choice, by 
 reason of any two or more persons having an equal and the 
 highest number of votes for the same office, the Senate and 
 Assembly shall convene in the Assembly Chamber, on the 
 second Monday of February, at the next regular session of the 
 Legislature after such election, and by joint vote of both 
 houses, elect one of said persons to fill said office; provided, 
 when an election for electors of President and Vice-President 
 of the United States take place, the vote thereof shall be can- 
 vassed at the same time and in the manner aforesaid. As 
 amended, Febrimry 8, 1889. 
 
 Sec. 32. No certificate shall be withheld on account of informa- 
 any defect or informality in the returns of any election, if it treated!^ 
 can with reasonable certainty be ascertained from such returns 
 what office is intended, and who is entitled to such certificate; 
 nor shall any commission be withheld by the Governor or 
 Board of County Commissioners on account of any such defect 
 or informality of any returns made to the office of the Secre- 
 tary of State or to the Board of County Commissioners. 
 
 Sec. 33. If the returns of the election of any county in the Messengers 
 State shall not be received at the office of the Secretary of ^Jio|ed, 
 State on or before said third Monday of December succeeding when and 
 such election, the said Secretary may forthwith send a mes- 
 senger to the Clerk of the Board of County Commissioners of 
 such county, whose duty it shall be to furnish said messenger 
 with a copy of such returns ; and the said messenger shall be 
 paid out of the treasury of such county the sum of thirty 
 cents for each mile he shall necessarily travel in going to and 
 returning from said county. Whenever it shall be necessary, 
 in the opinion of the Board of County Commissioners, to 
 employ a messenger to convey the returns to the seat of gov- 
 ernment, and deliver them to the Secretary of State, the person 
 performing such service shall also be entitled to receive, as 
 
44 
 
 GENERAL ELECTION. 
 
 Pay of 
 
 messenger. 
 
 Duties of 
 County Com- 
 missioners. 
 
 Duties of 
 County 
 Clerks in 
 transmitting 
 returns. 
 
 Per diem of 
 Inspector 
 and Clerk 
 of Election. 
 
 Mileage of 
 messenger. 
 
 Who may 
 contest an 
 election. 
 
 compensation, mileage at the rate of thirty cents per mile, 
 computing the distance from the county-seat to the seat of 
 government by the usual traveled route. 
 
 Sec 34. When two or more counties are united in one 
 Senatorial, Representative or Judicial District for the election 
 of any officers, the Board of County Commissioners of each 
 county shall canvass the votes, according to law, of the voters 
 of their respective counties for said officer or officers ; and the 
 Commissioners of the county whose initial is the lowest on 
 the alphabet shall transmit to the Commissioners of the 
 county of the highest initial a copy of the abstract of the votes 
 for such officer or officers, when the said last Commissioners 
 shall make a final abstract and aggregate of said votes, and 
 shall proceed to cause to be issued certificates of election, and 
 otherwise to act as is provided in this and the two preceding 
 sections. 
 
 Sec. 85. Whenever the returns are required to be trans- 
 mitted by one Clerk of the Board of County Commissioners to 
 the Secretary of State, it shall be the duty of such Clerk, if 
 not otherwise directed by the Board of County Commissioners, 
 to deliver the same to some Postmaster of the county, at the 
 postoffice, to be transmitted by mail, taking from such Post- 
 master, if it can be obtained, a certificate setting forth the time 
 when such reports were deposited in the postoffice, which cer- 
 tificate the Clerk shall file in his office. If the Clerk of the 
 Board of County Commissioners should neglect or refuse to 
 make out and transmit the returns or abstract, as required by 
 this Act, he shall be deemed guilty of a misdemeanor in office, 
 and, upon conviction thereof, shall be fined in any sum not less 
 than one hundred dollars, or more than five hundred dollars, 
 and imprisonment in the county jail for not less than one 
 month, or more than six months, or both such fine and impris- 
 onment, in the discretion of the court, and shall be removed 
 from office. As amended, Stats. 1881, p. Jf.0. 
 
 Sec 36. There shall be allowed out of the county treasury 
 of such county to each Inspector and each Clerk of Election 
 five dollars per diem, but in no case to exceed twenty dollars 
 for all services required by law to be performed by each of 
 them at any one election. And to the person carrying the 
 poll books from the place of election to the Clerk's office, and 
 to the Clerk of the Board of County Commissioners for attend- 
 ing at another county to canvass votes, the sum of fifteen cents 
 per mile for going and fifteen cents per mile for returning, to 
 be paid out of the county treasury. As amended, March IJ/., 1899. 
 
 Sec 37. Any elector of the proper county may contest the 
 right of any person declared duly elected to an office exercised 
 in and for such county; and, also, any elector of a township 
 may contest the right of any person declared duly elected to 
 any office in and for such township, for any of the following 
 causes : First — For malconduct on the part of the Board of 
 Inspectors, or any member thereof. Second — When the per- 
 
GENERAL ELECTION. 45 
 
 son whose right to the ofiice is contested was not at the time 
 of election eligible to such office. 
 
 Sec. 38. When any election, held for an office exercised in irregruiarity 
 and for a county, is contested on account of any malconduct 
 on the part of the Board of Inspectors of any precinct, or any 
 member thereof, the election shall not be annulled and set 
 aside uj)on any proof thereof, unless the rejection of the vote 
 of such precinct shall change the result as to such office in the 
 remaining vote in the county. 
 
 Sec. 39. When any elector shall choose to contest the right contest 
 of any person declared duly elected to such office, he shall, Ifo^w?^^*^^*^' 
 within forty days thereafter, file with the Clerk of the District 
 Court a written statement, setting forth specifically: First — 
 The name of the party contesting such election , and that he is 
 a qualified elector of the district, county or precinct (as the 
 case may be) in which such election was held. Second — The 
 name of the person whose right to the office is contested. 
 Third — The office. Fourth — The particular cause or causes 
 of such contests. Said statement shall be verified by the affi- 
 davit of the contesting party that the matters and things 
 therein contained are true, to the best of his knowledge and 
 belief. 
 
 Sec. 40. When the reception of illegal votes is alleged as a Proceedings 
 cause of contest, it shall be sufficient to state generally that ^" ^°°*^^*^" 
 illegal votes were given to the person whose election is contested 
 in the specified precinct or precincts, which, if taken from him, 
 will reduce the number of his legal votes below the number of 
 legal votes given to some other person for the same office; but 
 no testimony shall be received of illegal votes unless the party 
 contesting such election shall deliver to the opposite party, at 
 least three days before such trial, a written list of the number 
 of illegal votes, and by whom given, which he intends to prove 
 on such trial; and no testimony shall be received of any illegal 
 votes except such as are specified in such list; provided, that 
 in all cases of contested elections the District Court of the District 
 respective districts shall have original jurisdiction to try and ^g^idV^ 
 determine all such cases, and may, by mandamus or otherwise, 
 obtain all documentary evidence required l)y either of the 
 parties litigant. 
 
 Sec. 41. No statement of the cause of contest shall be strict form 
 rejected, nor the proceedings thereon dismissed, by any court ^^^ ^^s®"*^*'- 
 before which such contest may be brought for trial, for want 
 of form, if the particular cause or causes of contest shall be 
 alleged with such certainty as Avill sufficiently advise the 
 defendant of the particular proceedings or causes for which 
 such election is contested. 
 
 Sec. 42. Upon such statement being filed, it shall l)e the Duties of 
 duty of the Clerk of the District Court to inform the Judge Sltric^t^ 
 thereof, who shall fix the time and place to hear and deter- ^oun. 
 mine such contested election ; and the Clerk shall give notice 
 thereof, not less than ten nor more than twentj^ days from the 
 
46 
 
 GENERAL ELECTION. 
 
 Process. 
 
 Duties of 
 Clerk of 
 District 
 Court. 
 
 Fees of 
 county 
 officers. 
 
 Effect of 
 judgment 
 of Court. 
 
 Contest to be 
 tried, where. 
 
 Who may 
 bring action. 
 
 Duties of 
 
 District 
 
 Attorney. 
 
 Order of 
 Court. 
 
 date of such notice to the parties contesting, which said notice 
 shall be served by the Sheriff of the county upon the respect- 
 ive parties, as in other cases. 
 
 Sec 43. The said Clerk shall issue subpenas and subpenas 
 duces tecum, as in civil actions of law, for witnesses- in such 
 contested election, at the request of either party, which shall 
 be served by the Sheriff as other subpenas; and the District 
 Court shall have full power to issue attachments to compel 
 the attendance of witnesses who shall fail to attend, who shall 
 have been duly subpenaed. 
 
 Sec 44. Upon the certified copy of a judgment of the Dis- 
 trict Court, or a certified copy of the judgment of the Supreme 
 Court, as the case may be, the Clerk of the Board of County 
 Commissioners shall issue a certificate to the person declared 
 to be entitled to such certificate of election. 
 
 Sec 45. The Clerk, Sheriff and witnesses shall receive, 
 respectively, the same fees from the party against whom the 
 judgment is given as are allowed for similar services in the 
 District Court. 
 
 Sec 46. Whenever an election shall be annulled and set 
 aside by the judgment of the District Court, and no appeal 
 has been taken therefrom within thirty days, such certificate, 
 if any has been issued, shall thereby be rendered void and 
 the office become vacant. 
 
 Sec 47. In case of any contest in regard to any election 
 to fill the office of District Judge, such contest shall be tried 
 in like manner before the District Court of the district nearest 
 adjoining thereto. 
 
 Sec 48. Any such action may be brought by the District 
 Attorney, in the name of the State of Nevada, upon his own 
 information or upon the complaint of any private party, against 
 any person who unlawfully holds any public office within the 
 State; and it shall be the duty of the District Attorney to 
 bring such action whenever he has reason to believe that any 
 such office is unlawfully held or exercised by any person, or 
 when he is directed to do so by the Governor. 
 
 Sec 49. Whenever such action is brought the District 
 Attorney, in addition to the statement and cause of action, 
 may also set forth in the complaint the name of the person 
 rightly entitled to the office or franchise, with a statement of 
 his right thereto; and in such case, upon proof by affidavit or 
 otherwise, that the defendant has received fees or emoluments 
 belonging to the office or franchise, by means of his usurpa- 
 tion thereof, an order may be granted by a Judge of the 
 Supreme Court, or a District Judge, for the arrest of such 
 defendant, and holding him to bail; and thereupon he may be 
 arrested and held to bail in the same manner and with the 
 same effect, and subject to the same rights and liabilities as in 
 other civil actions where the defendant is subject to arrest. 
 
 Sec 50. If the judgment be rendered upon the right of 
 the person so alleged to be entitled in favor of such person, he 
 
GENERAL ELECTION. 47 
 
 piay recover, l:>y action, the damages which he shall have sus- Damages 
 tained by reason of the usurpation of the office or franchise by Sovel-ed. 
 the defendant. 
 
 Sec. 51. When several persons claim to be entitled or 
 elected to the same office one action may be })rought by or 
 against all such persons, in order to try their respective rights 
 to such office. 
 
 CONTEST FOE MEMBERS OF THE LEGISLATURE. 
 
 Sec. o2. In case of contest for Senator or Assemblyman in Contest for 
 any county in this State, the party contesting shall file a state- Le^^g^ature. 
 ment in the office of the County Clerk of the county in which po^^j^cted 
 such Senator or Asseml)lyman may be a resident, a concise 
 statement of the grounds upon which he intends to rely, which 
 statement shall be verified by affidavit; and it shall be the 
 duty of the Clerk to issue a commission, directed to a Justice Duties of 
 of the Peace of such county, to meet at such time and place as ^'^unty cierk 
 shall be specified in such commission , not less than twenty of Justice of 
 nor more than thirty days from the filing of such papers, for the Peace, 
 the purpose of taking the deposition of such witnesses as the 
 parties to such contest may wish to examine, and notice shall 
 be served upon the person whose right to such office is con- 
 tested, bv the Sheriff of the county, the same as provided for Sheriff to 
 by law in like cases. ^"^^" °°"""- 
 
 Sec. 53. Said Justice of the Peace shall have power at any justice of 
 time to issue subpenas for witnesses at the request of either empowered 
 party, to be served by the Sheriff as other subpenas; and said g°^^^^\ 
 Justice shall have the same power to issue attachments and 
 assess fines against witnesses as is given to Justices of the Peace other 
 in otlier trials instituted before him ; and all testimony taken g^^ Justice, 
 before him during such proceeding shall be in writing, and i estimony to 
 shall be certified to and forwarded by mail or express, or J'^^ounr^^ 
 delivered to the Clerk of the county. cierk. 
 
 Sec. 54. It shall be the duty of said Clerk to seal up such County cierk 
 depositions, together with the original statement of the grounds deliver aii 
 of such contest, and a copy of the notice served upon the party g|cretary 
 whose right is contested, and the commission issued to the of state. 
 Justice of the Peace, and transmit the same by mail to the 
 Secretary of State, indorsing thereon the names of the contest- Tobe 
 ing parties and the branch of the Legislature before which such ^'^^^o^se^- 
 contest is to be tried. 
 
 Sec. 55. (Repealed.) 
 
 Sec. 56. It shall be the duty of the Secretary of State to secretary of 
 deliver the same, unopened, to the presiding officer of the house dem^er^ 
 in which such contest is to be tried, on or before the second papers, 
 day after the organization of the Legislature next after taking 
 such depositions ; and such presiding officer shall immediately^ 
 give notice to said house that said papers are in his possession. 
 
 Sec 57. At any time after notice of smy contest shall be Deposition 
 given, and before the trial of such contested election before Jaken!^when 
 the proper branch of the Legislature, it may be lawful for and how. 
 
48 
 
 GENERAL ELECTION. 
 
 either party to such contest to take depositions, to be read on 
 the trial thereof in like manner and under the same rules as 
 are allowed and required in cases of depositions to be read 
 on any trial pending in the District Court; and such deposi- 
 tions, when thus taken, shall be sealed up by the officer tak- 
 ing the same and directed to the Secretary of State, who shall 
 keep the same, unopened, and deliver them to the presiding 
 officer of the house in which such contest is to be tried, to be 
 disposed of by such officer as the depositions specified in the 
 preceding section. 
 
 Contest for 
 State office, 
 how 
 instituted. 
 
 Penalty for 
 malfeasance 
 in office. 
 
 Summary 
 proceeding 
 on complaint 
 
 Officers 
 
 deposed, 
 
 how. 
 
 FOR CONTESTING THE ELECTION OF STATE OFFICERS. 
 
 Sec. 58. Any qualified elector of the State may contest the 
 election of any person declared duly elected to any State office 
 within this State by filing a specification of the grounds of 
 such contest with the Clerk of the Supreme Court, which spe- 
 cifications shall be verified by oath or affirmation, and it is 
 hereby made the duty of the Attorney-General to prosecute 
 such action in the name of the people of the State, before the 
 Supreme Court, who shall have original jurisdiction in such 
 cases; the Justices, or either of them,, shall have power to 
 issue such process as may be necessary to the complete hear- 
 ing and final determination of such action. 
 
 Sec. 59. If any person now holding or who shall hereafter 
 hold any office in this State, who shall refuse or neglect to 
 perform any official act in the manner and form as now pre- 
 scribed by law, or who shall be guilty of any malpractice or 
 malfeasance in office, shall be removed therefrom as herein 
 prescribed. 
 
 Sec. 60. Whenever any complaint in writing, duly verified 
 by the oath of any complainant, shall be presented to the Dis- 
 trict Court alleging that any officer within the jurisdicttion of 
 said court has been guilty of charging and collecting any ille- 
 gal fees for services rendered or to be rendered in his office, or 
 has refused or neglected to perform the official duties pertain- 
 ing to his office as prescribed by law, or has been guilty of 
 any malpractice or malfeasance in office, it shall be the duty 
 of the court to cite the party charged to appear before him on 
 a certain day, not more than ten nor less than five days from 
 the time when said complaint shall be presented, and on that 
 day, or some subsequent day not more than twenty days from 
 that on which said complaint is presented, shall proceed to 
 hear, in a summary manner, the complaint and evidence 
 offered by the party complained of, and if, on such hearing, 
 it shall appear that the charge or charges of said complaint 
 are sustained, the Court shall enter a decree that said party 
 complained of shall be deprived of his office, and shall enter 
 a judgment of five hundred dollars in favor of the complain- 
 ant, and such costs as are allowed in civil cases. 
 
 Sec. 61. It shall be the duty of the Clerk of the Court in 
 which such proceedings are had, to transmit, within three 
 
GENERAL ELECTION. 49 
 
 days thereafter, to the Governor of the State, or Board of f^^^^ijs of 
 County Commissioners (as the case may he) of the proper court, 
 county, a copy of any decree or judgment declaring any 
 officer deprived of any office under this Act; and it shall be 
 the duty of the Governor or such Board of County Commis- 
 sioners (as the case may be) to appoint some person to fill 
 said office until a successor shall be selected or appointed and 
 qualified; and it shall be the duty of the person so appointed 
 to give such bond and security as are prescribed by law and 
 pertaining to such office. 
 
 Sec. 62. In case judgment of the District Court, as herein officers not 
 provided, shall be against the officer complained of, and an penS^ng°*°^ 
 appeal taken from the judgment so rendered, the officer so appeal, 
 appealing shall not hold the office during the pending of such 
 appeal; ])ut such office shall be filled as in case of a vacancy. 
 
 BY CRIMINAL ACTION. 
 
 Sec. 68. An accusation, in writing, against any district, officers, how 
 county, or township officer, for wilful misconduct in office, before grand 
 may be presented by the grand jury of the county, for which ^"'"y- 
 such officer accused is elected or appointed, which accusation 
 shall state the offense charged, and shall be delivered by the 
 foreman of the grand jury to the District Attorney of the Duties of 
 county, who shall cause a copy thereof to be served upon the Attorney 
 defendant, and require by notice, in writing, of not less than 
 ten days, that he appear before the District Court, then sitting, 
 or at the next term, and answer the accusation. The original 
 accusation shall then be filed with the Clerk of the District 
 Court. 
 
 Sec. 64. The defendant must appear at the time appointed Default may 
 in the notice, and answer the accusation, unless for some suf- against the 
 ficient cause the Court assign another day for that purpose. ^^^^^^^• 
 If he do not appear the Court may proceed to hear and deter- . 
 mine the accusation in his absence. 
 
 Sec. 65. The defendant may answer the accusation, either May defend, 
 by objecting to the sufficiency thereof or to any allegation ^^^• 
 therein, or hy denying the truth of the same. 
 
 Sec. 66. If he objects to the legal sufficiency of the accu- 
 sation, the objection must be in writing, but need not be in 
 any specific form, it being sufficient if it present intelligibly 
 the grounds of the objection. 
 
 Sec. 67. If he denies the truth of the accusation, the denial 
 may be oral and without oath, and shall be entered upon the 
 minutes. 
 
 Sp]C. 68. If any objection to the sufficiency of the accusation 
 be not sustained, the defendant shall be required to answer 
 the accusation forthwith. 
 
 Sec 69. If the defendant plead guilty, and refuse to answer on piea of 
 the accusation, the Court shall render judgment of conviction SFrfiltrS'^^ 
 against him. If he deny the matter charged, the Court shall ^o"''*- 
 immediately, or as soon thereafter as practicable, proceed to try 
 
 4 
 
50 
 
 GENERAL ELECTION. 
 
 Judgment 
 of Court. 
 
 Appeal may 
 be taken. 
 
 District 
 Attorney, 
 how 
 prosecuted. 
 
 the accused, which trial shall be conducted in all respects and 
 in like manner as trial upon indictment for other offenses. 
 
 Sec. 70. Upon a conviction, the Court shall immediately, 
 or within five days, as it may appoint, i:>ronounce judgment 
 that the defendant be removed from office; but to Avarrant a 
 removal, the judgment must be entered upon the minutes, 
 assigning thereon the cause of removal. 
 
 Sec. 71. From a judgment of removal an appeal may be 
 taken to the Supreme Court, in the same manner as from a 
 judgment in a civil action ; but until such judgment be reversed 
 the defendant shall be suspended from his office. Pending 
 the appeal the office may be filled as in case of a vacancy. 
 
 Sec. 72. The same proceedings may be had on like grounds 
 for the removal of a District Attorney, except that the accu- 
 sation shall 1)6 delivered to the District Judge of the district, 
 who shall thereupon appoint some one to act as a prosecuting 
 officer in the matter, or shall place the accusation in the hands 
 of the District Attorney of the nearest adjoining district, and 
 require him to conduct the proceedings. 
 
 Proceedings 
 in case of im- 
 peachment. 
 
 Service to be 
 personally. 
 
 How a 
 defendant 
 may answer. 
 
 Objections, 
 how made. 
 
 BY IMPEACHMENT.: 
 
 Sec. 73. Where a civil officer of the State is impeached by 
 the Assembh^ for misconduct in office the articles of impeach- 
 ment shall be delivered to the President of the Senate, who 
 shall cause a copy thereof with a notice to appear and answer 
 the same, at the time and place appointed, to be served on the 
 defendant not less than ten days before the day fixed for the 
 hearing. 
 
 Sec. 74. The service must be upon the defendant person- 
 ally; or, if he cannot, upon diligent inquiry, be found within 
 the State, the Senate, upon due proof of the fact, may order 
 that publication be made in such manner as they deem proper, 
 of a notice requiring him to appear at a specified time and 
 place, and answer the articles of impeachment. 
 
 Sec. 75. If the defendant do not appear, the Senate, upon 
 proof of personal service or publication , as provided in the last 
 two preceding sections, may, of their own motion.4lr for cause 
 shown, assign another day for hearing the impeachment, or 
 may then, or at any other time which they may appoint, pro- 
 ceed, in the absence of the defendant, to trial and judgment. 
 
 Sec. 76. When the defendant appears, he must answer to 
 the articles of impeachment, which he may do either by 
 objecting to the sufficienc}^ of the same, or any article thereof, 
 or denying the truth of the same. 
 
 Sec. 77. If the defendant object to the sufficiency of the 
 impeachment the objection must be in writing, but need not 
 be in any specific form, it being sufficient if it presents intel- 
 ligibly the grounds of the objection. If he deny the truth of 
 the impeachment, the denial may be oral and without oath 
 and shall be entered upon the journal. 
 
 Sec. 78. If he plead guilty or refuse to plead, the Senate 
 
GENERAL ELECTION. 51 
 
 shall render judgment of conviction against him. If he deny Senate 
 the matter charged, the Senate shall, at such time as they jSdJmeift, 
 may appoint, proceed to try the impeachment. The Chief when. 
 Justice of the Supreme Court shall preside over the Senate who to 
 while sitting to try the Governor or Lieutenant-Governor p^^^^^^- 
 upon impeachment, and in all other cases the President of 
 the Senate. 
 
 Sec. 79. At the time and place appointed, before the Sen- path admin- 
 ate proceed to act on the impeachment, the Secretary shall whom.' ^ 
 administer to the President of the Senate or Chief Justice (as 
 the case maj^ be), and the President of the Senate or Chief 
 Justice (as the case may be) to each of the members of the 
 Senate then present, an oath or affirmation, truly and impar- 
 tially to hear, try and determine the impeachment. 
 
 Spx. 80. The judgment may l)e that the defendant l)e sus- Judgment, 
 pended and removed from office, or that he be removed from 
 office and disqualified to hold and enjoy a particular office, or 
 class of offices, or any office of honor, trust or profit under the 
 Constitution and laws of this State. 
 
 Sec. 81. If judgment of suspension be given on the votes of Penalties of 
 two-thirds of the members elected to each branch of the Legis- JS^^nt!*^ " • 
 lature, the defendant shall, during the continuance thereof, be 
 disqualified from receiving the salary, fees or emoluments of 
 the ofiice; and the Judge, District Attorney, or any State officer 
 complained of, shall l)e served with a copy of the complaint 
 against him, and have an opportunity of l)eing heard in person 
 or by counsel in his defense; provided, that no member of either 
 l)ranch of the Legislature shall l)e eligible to fill the vacancy 
 occasioned l\y such removal. 
 
 Sec. 82. When articles of impeachment shall be presented Suspended 
 against the President of the Senate such officer shall be tem- when.° ^^' 
 porarily suspended from his office, and shall not act in his 
 official capacity until duly acquitted. Upon such suspension 
 of any State officer whose office is created l)y the (institution 
 or laws of this State, the Governor shall immediately take 
 charge of his office, and such office shall at once be temporarily 
 filled by appointment by the Governor until the acquittal of Duties of 
 the party impeached, or, in case of his removal, then until the ^"'^^''°^^- 
 vacancy be filled as provided by law. 
 
 Sec. 83. Every person charged with the performance of any Penalties for 
 duty under the provisions of any law of this State relating to ei^ctiiDn^iaw. 
 elections, who wilfully neglects or refuses to perform it, or who, 
 in his official capacity, knowingly and fraudulently acts in 
 contravention or violation of any of the provisions of such 
 laws, shall be deemed guilty of a felony, and punishable by 
 fine not exceeding one thousand dollars, or by imprisonment 
 in the State Prison not exceeding five years, or by both such 
 fine and imprisonment. 
 
 Sec. 84. Eveiy person who after ])eing required by the Misde- 
 Board of Judges at any election, refuses to be sworn, or who, ™«^anor. 
 after being sworn, refuses to answer any pertinent question 
 
52 
 
 GENERAL ELECTION. 
 
 Penalty. 
 
 Fraud on 
 ballot box. 
 
 Felony. 
 
 How 
 punished. 
 
 Fraudulent 
 voting. 
 
 Penalty. 
 
 Misde- 
 meanor to 
 violate 
 secrecy of 
 ballot. 
 
 propounded by such l)oard touching his right or tlie right of 
 any other person to vote, is guilty of a misdemeanor, punish- 
 able by a fine not exceeding five hundred dollars, or impris- 
 onment in the county jail not exceeding three months, or ])y 
 both such fine and imprisonment. 
 
 Sec. 85. Every person not entitled to vote who fraudulently 
 votes, and every person who votes more than once at any 
 election, or knowingly hands in two or more tickets folded 
 together, or changes any ballot after the same has been depos- 
 ited in the ballot box, or adds, or attempts to add, any ballot 
 to those legally polled at any election, either by fraudulently 
 introducing the same into the ballot box before or after the 
 ballots therein have been counted, or adds to or mixes with, 
 or attempts to add or mix with, the l)allots lawfully provided, 
 other ballots while the same are being counted or canvassed, 
 or abstracts any ballots lawfully polled at any other time with 
 intent to change the result of such election, or carries away or 
 destroys, or attempts to carry away or destroy, any poll list 
 or ballots, or ballot box, for the purpose of breaking up or 
 invalidating such election, or wilfully detains, nmtilates or 
 destroys any election returns, or in any manner so interferes 
 with the officers holding such election or conducting such can- 
 vass, or with voters lawfully exercising their right of voting 
 at such election, as to prevent such election or canvass from 
 being fairly held and lawfully conducted, shall be guilty of a 
 felony, punishable by a fine not exceeding one thousand dol- 
 lars, or by imprisonment in the State Prison not exceeding 
 five years, or l)y both such fine and imprisonment. 
 
 Sec. 86. Every person not entitled to vote who fraudulently 
 attempts to vote, or who, being entitled to vote, attempts to 
 vote more than once at any election, or who procures, aids, 
 assists, counsels, or advises another to give or offer his vote at 
 any election, knowing that the person is not qualified to vote, 
 shall be guilty of a misdemeanor, punishable by a fine not 
 exceeding two hundred dollars, or by imprisonment in the 
 county jail not exceeding sixty days, or by both such fine and 
 imprisonment. 
 
 Sec. 87. Every Inspector, Judge or Clerk of an election 
 who, previous to putting the ballot of an elector in the bal- 
 lot box, attempts to find out any name on such ballot, or 
 who opens or suffers the folded ballot of any elector which 
 has been handed in, to be opened or examined previous to 
 putting the same into the ballot box, or makes or places any 
 mark or device on any folded ballot, with a view to ascertain 
 the name of any person for whom the elector has voted, or 
 who, without the consent of the elector, discloses the name of 
 any person which such Inspectors, Judge or Clerk has fraud- 
 ulently or illegall}^ discovered to have voted for })y such 
 See statutes 1891, sections 28 and 30, p. 46, post. 
 
 elector, is punishable l:>y a fine of not less than fifty nor more 
 than five hundred dollars. Every person who forges or 
 
GENERAL ELECTION. 53 
 
 counterfeits returns of an election purporting to have been Forging 
 held at a precinct, town or ward, when no election was in fact flfony^^ 
 held, or wilfully substitutes forged or counterfeit returns of 
 election in the place of the true returns of a precinct, town or 
 ward where an election was actuallj^ held, is punishable by Penalty, 
 imprisonment in the State Prison for a term of not less than 
 two nor more than ten years. 
 
 Sec. 88. Every person, who by force, threats, menaces. Bribery, 
 bribery, or any corrupt means, either directfy or indirectly, o"rH?enace° 
 attempts to influence an elector in giving his vote, or to deter 
 him from giving the same, or attempts by any means to awe, 
 restrain, hinder or disturb any elector in the free exercise of 
 the right of suffrage, or furnishes an elector wishing to vote, 
 who cannot read, with a ticket, informing or giving such elector 
 to understand that it contains a name written or printed 
 thereon different from the name which is written or printed 
 thereon, or defrauds any elector at such election by deceiving 
 and causing such elector to vote for a different person or any 
 office than he intended or desired to vote for, or who, being 
 Inspector, Judge or Clerk of any election, while acting as such, 
 induces or attempts to induce, any elector either by menace or 
 reward, or promise thereof, to vote different from what such 
 elector intended or desired to vote, shall be guilty of a felony, 
 punishable by fine not exceeding one thousand dollars, or penalty, 
 imprisonment in the State Prison not exceeding five years, or 
 by both such fine and imprisonment. 
 
 Sec. 89. Every person who, with intent to promote the promoters of 
 election of himself or any other person, either: First — Fur- puSfshed^* 
 nishes entertainment at his expense to any meeting of electors 
 previous to or during an election. Second — Pays for, procures 
 or engages to pay for any such entertainment. Third — Fur- 
 nishes 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 or infirm. Fourth — 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 discussion of public questions, and of printing and circu- 
 lating ballots, handbills and other papers previous to such 
 election, shall be guilty of a misdemeanor, punishable by fine penalty, 
 not exceeding five hundred dollars, or imprisonment not 
 exceeding six months in the county jail. 
 
 Sec. 90. Every person who gives or offers a bribe to any Bribery or 
 officer or member of any Legislature, caucus, political con- bribe! a* ° 
 vention, committee, primary election, or political gathering felony, 
 of any kind, held for the purpose of nominating candidates 
 for offices of honor, trust, or profit in this State, with intent 
 to influence the person to whom such bribe is given or 
 offered to be more favorable to one candidate than another. 
 
54 
 
 GENERAL ELECTION. 
 
 Penalty. 
 
 Contingent 
 promises of 
 appointment 
 
 Penalty. 
 
 Sale of 
 
 liquor 
 
 forbidden. 
 
 Penalty. 
 
 Duties of 
 Governor. 
 
 Rewards 
 offered. 
 
 Duties of 
 Secretary 
 of State. 
 
 shall be guilty of felony, punishable by a fine not exceeding 
 five thousand dollars, or ten years imprisonment in the State 
 Prison, or ])oth such fine and imprisonment. 
 
 Sec. 91. Every person who, being a candidate at any elec- 
 tion, offers or agrees to appoint or procure the appointment 
 of any particular person to office, position or emi:)loyment as 
 an inducement or consideration to any person to vote for, or 
 procure, or aid in procuring the election of such candidate, or 
 person not being a candidate, who communicates any offer 
 made in violation of this and the preceding section, to any per- 
 son with intent to induce him to vote for, or to procure or aid 
 in procuring the election of the candidate, shall be deemed 
 guilty of felony, punishable by imprisonment not exceeding 
 five years, or a fine not exceeding five thousand dollars, or hy 
 both such fine and imprisonment. 
 
 Sec. 92. No person shall sell, give away or furnish, or cause 
 to be sold, given away or furnished, either for or without pay, 
 within this State, on any day upon which any general election 
 is held, nor within the limits of any county or city on any day 
 upon which any special or municipal election is held therein, 
 any spirituous, malt or fermented liquors or wines; and any 
 one so doing shall be deemed guilty of a misdemeanor, and, 
 upon conviction thereof, shall be fined in any sum not less 
 than one hundred nor more than one thousand dollars, or by 
 imprisonment in the county jail not less than one nor more 
 than six months, or by both such fine and imprisonment, in 
 the discretion of the court; and it shall be the duty of the 
 Judges of the District Courts of the several judicial districts in 
 this State to specially give this Act in charge to every grand 
 jury impaneled in their respective districts. 
 
 Sec. 93. The Governor is hereby authorized and directed, 
 at least thirty days previous to any general election, and fif- 
 teen days previous to any special election, to issue a proclama- 
 tion offering a reward of one hundred dollars for the arrest 
 and conviction of any person violating any of the provisions 
 of this Act when the crime is a misdemeanor, and a reward of 
 two hundred dollars for the arrest and conviction of any per- 
 son guilty of felony, as herein provided; and such rewards to 
 be paid until the total am(junt hereafter expended for the pur- 
 pose reaches the sum of ten thousand dollars, payable out of 
 any moneys in the State Treasury not otherwise appropriated. 
 And all moneys collected under the provisions of this Act shall 
 revert to the general school fund of the several counties where 
 such case was brought. 
 
 Sec. 94. It shall be the duty of the Secretary of State to 
 cause to be printed in pamphlet form a requisite number of 
 copies of this Act, with marginal notes and properly indexed, 
 a suitable number of which shall be forwarded by him to the 
 County Clerks of the several counties of this State at least 
 sixty days previous to the holding of any general election, 
 and at least twenty days previous to the holding of any 
 
GENERAL ELECTION. 55 
 
 special election ; and it is hereby made the duty of said County 
 Clerks to inclose in each and every ballot box sent out by them, f^"*ies of 
 to be used at the various precincts of their respective counties, clerks^ 
 five or more copies of said Act, as in their judgment they may 
 deem proper. 
 
 Sec. 95. "An Act relating to elections, the manner of con- what 
 ducting and contesting the same, fraud upon the ballot box, ^^"^^^^ • 
 destroying or attempting to destroy the ballot box, illegal or 
 attempted illegal voting and misconduct at elections" approved 
 March ninth, eighteen hundred and sixty-six, and an Act 
 amendatory of the aforesaid Act, approved February twenty- 
 fifth, eighteen hundred and sixty-nine; also an Act supple- 
 mentary of the aforesaid Act, approved March fifth, eighteen 
 hundred and sixty-nine, are here})y repealed. 
 
 An Act providing for the closing of polls at elections in cer- 
 tain cases. 
 
 Approved March 6, 1889. 
 
 Section 1 . Whenever at any election all the votes of the pous to 
 precinct as shown by the registry list, shall have been cast, ^^^^®' ^*^®^^- 
 the Inspectors shall immediately close the polls and shall 
 forthwith begin the counting of the ballots, and continue the 
 same without unnecessary delay until the count is completed. 
 
 A71 Act to provide for the transmission of ballots, poll books 
 and tally lists by mail in certain cases. 
 
 Approved March 6, 1889. 
 
 Section 1 . At every election hereafter to be held in this Duties of 
 State, in precincts which are, by the usually traveled route, o?^Eiect?on. 
 more than fifty miles distant from the county-seat, and wherein 
 less than fifty voters shall be registered for that election, the 
 Inspectors shall, before they adjourn, post conspicuously at the 
 polling place a bulletin, signed by each of them, stating the 
 number of ballots cast for each candidate and for and against 
 each question which has been voted upon. 
 
 Sec. 2. They shall also, before they adjourn, seal the bal- Disposition 
 lots in a strong envelope, writing across the back thereof the pon books 
 words "Ballots (here give the name) Precinct" and also j^j°^*^"y 
 sign the names thereon. They shall then place the envelope 
 containing the ballots, together with one of the tally lists 
 and one of the poll books, in a sealed package, the weight of 
 which, including the wrapper or box, must be less than the 
 limit of weight allowed to be transmitted by mail. They 
 shall then address the same to the proper officer at the 
 county-seat, stating in writing on the outside of the package 
 the contents thereof, and deliver it to one of their number, to 
 
56 
 
 AUSTRALIAN BALLOT IJ^W. 
 
 Expenses, 
 how paid. 
 
 Custody of 
 ballots. 
 
 Custody of 
 ballot box. 
 
 be chosen by lot, who shall immediately, without opening it 
 or permitting it to be opened, deliver it to the nearest Post- 
 master and pay the postage thereon, and have the package 
 registered. 
 
 Sec. 3. The Inspector who delivers the package shall be 
 paid the amount expended by him in paying the postage on 
 the package, and fifteen cents per mile for going to and fifteen 
 cents per mile for returning from the postoffice, in the same 
 manner and out of the same fund as other election expenses 
 are paid; provided^ that no such mileage shall be paid unless 
 the total distance necessarily traveled in going and returning 
 be greater than two miles. 
 
 Sec. 4. In cases where this Act shall apply, the ballots 
 shall, after they reach the county-seat, be kept in sealed pack- 
 ages by the proper ofiicer, instead of in the ballot boxes. 
 
 Sec. 5. In precincts where this Act shall apply, the ballot 
 box may remain in the custody of the Inspectors until the 
 next election, when it shall be turned over to the Inspectors 
 of said election, and in such cases the tally lists, poll books 
 and other books and papers may be sent in sealed packages 
 by registered mail to one of the Inspectors. 
 
 Polling 
 places, 
 number of 
 voters at. 
 
 An Act relating to elections. 
 
 Approved March 6, 1889. 
 
 Section 1. The several Boards of County Commissioners 
 in the counties of this State in providing for and proclaiming 
 election precincts shall so arrange and divide the voting places 
 in their respective counties so that no greater numV)er than 
 four hundred voters shall vote in one precinct; jyrovided^ that 
 where there are registered over four hundred and less than four 
 hundred and eighty, then one polling place shall be sufficient 
 for said precinct. 
 
 AUSTRALIAN BALLOT LAW. 
 
 An Act relating to elections and to more fully secure the 
 secrecy of the ballot. 
 
 Approved March 13, 1891. 
 
 Section 1. All ballots cast in elections for public officers 
 Ballots, how within this State shall be printed and distributed at public 
 expense, as hereinafter provided. The printing of general 
 tickets and cards of instruction for the electors of each county, 
 and the delivery of the same to the election officers, as pro- 
 vided for in this Act, shall be a county charge, the payment of 
 which shall l)e provided for in the same manner as the pay- 
 ment of other county expenses, and in case of separate elec- 
 tions for city, town or district officers, the printing and delivery 
 
 provided. 
 
AUSTRALIAN BALLOT LAW. 57 
 
 of tickets and cards of instruction shall be a charge upon the Expenses of 
 city, town or district in which said tickets and cards are to be paid!'^" ^^^ 
 used, the payment of whi(di shall be provided for in the same- 
 manner as the payment of other city, county or district 
 expenses. 
 
 Sec. 2. Any convention as hereinafter defined, held for the Nnmiua- 
 purpose of making nominations for public office, and also elect- made.^°^ 
 ors to the numl^er hereinafter specified, may nominate candi- 
 dates for pu])lic offices, to })e filled by election withi'.i the State. 
 A convention within the meaning of this Act is an organized Convention 
 asseml)lage of delegates representing a political party, which, 
 at the last election, before the holding of such convention, 
 polled at least three per cent of the entire vote cast in the 
 State, county, district or other political division, for which the 
 nomination is made. 
 
 Sec. 8. All nominations made by any such convention shall Nomina- 
 l)e certified as follows: The certificate of nomination, which cerUfied.^ 
 must be in writing, shall contain the name of each person 
 nominated, his residence and the office for which he is nomi- 
 nated, and shall designate the party or principle which such 
 convention represents. It shall be signed l)y the Chairman 
 and Secretary of such convention, who shall add to their sig- 
 natures their respective places of residence, and make oath 
 before an officer authorized to administer the same, that the Certificate 
 matters stated in such certificate are true to the best of their ' 
 knowledge and belief, and a certificate of the said oath shall 
 be annexed to said certificate of nomination. 
 
 Sec. 4. A candidate for pul)lic office may be nominated How other 
 otherwise than by a convention in the manner following: A tionsmay 
 certificate of nomination containing the name of the candi- ^® "^ade. 
 date to be nominated, with the other information required to independent 
 be given in the certificate provided for in section three of [io™s.°how 
 this Act, shall be signed by electors residing within the dis- certified and 
 trict or political division for which candidates are to be 
 presented equal in number to at least ten per cent of the 
 entire vote cast at the lasf preceding election in the State, 
 district or political division for which the nomination is to 
 be made; provided, that such certificate shall not be valid 
 unless signed l)y five voters. Said signatures need not all 
 be appended to one paper, but each signer shall add to his 
 signature his place of residence. One of the signers of each 
 such certificate shall swear that the statements therein made 
 are true, to the best of his knowledge and belief, and a cer- 
 tificate of such oath shall be annexed. Such certificate of 
 nomination shall have the same effect as the certificate of 
 nondnation made by a party convention. As amended, March 
 6, 1893. 
 
 Sec. 5. Certificates of nomination of candidates for offices certificates 
 to be voted for by the electors of the entire State shall be Son^to b? 
 filed with the Secretary of State. Certificates of nomination filed, where, 
 of candidates for all other public offices shall be filed with 
 
58 
 
 AUSTRALIAN BALLOT LAW. 
 
 Certificates 
 of nomina- 
 tion to 
 embrace 
 what. 
 
 Who may 
 join in 
 making 
 nomina- 
 tions. 
 
 Certificate of 
 nomination, 
 when and 
 where filed. 
 
 Duties of 
 Secretary 
 of State. 
 
 Duties of 
 
 County 
 
 Clerks. 
 
 the Clerks of the respective counties wherein the officers are 
 to be voted for, and where a district embraces more than one 
 county, such certificate shall be filed with the Clerk of each 
 of said counties. 
 
 Sec. 6. No certificate of nomination shall contain the name 
 of more than one candidate for each office to be filled. No 
 person shall join in nominating, under the provisions of sec- 
 tion four of this Act, more than one nominee for each office 
 to be filled, and no person who has voted in a convention, 
 either in person or by proxy, for or against a candidate for 
 any office, shall join in nominating, in any manner, any other 
 nominee for that office, and no person shall accept a nomina- 
 tion to more than one office. 
 
 Sec. 7. Certificates of nomination required to be filed with 
 the Secretary of State shall be filed not more than sixty days 
 nor less than fiftj^ days before the day of election, when the 
 nomination is made by a convention, and not more than 
 sixty days and not less than forty-five days before the day of 
 election when the nomination is made under the provisions 
 of section four of this Act. Certificates of nomination 
 required to be filed with the County Clerks shall be filed not 
 more than fifty days nor less than forty days before the day 
 of election, when the nomination is made bj^ a convention, 
 and not more than fifty days nor less than thirty days before 
 the day of election when the nomination is made under the 
 provisions of section four of this Act. Should a vacancy 
 occur, from any cause, in the list of nominees for any office, 
 such vacancy may be filled at any time before the day of 
 election by the convention; or by a committee to which the 
 convention has delegated power to fill such vacancies, or by 
 petitioners, as provided in section four of this Act. The 
 Chairman and Secretary of such convention, or of such com- 
 mittee, or such petitioners, shall make out and file with the 
 proper officer a certificate, setting forth the name of the per- 
 son nominated to fill such vacancy, the office for which he is 
 nominated, the name of the persoil for whom the new nominee 
 is to be substituted, and such further information as is required 
 to be given in an original certificate of nomination. When 
 such certificate is filed, the officer with whom it is filed shall 
 substitute the name of the person therein for the original nom- 
 inee by printing, if practicable, or by writing the name of the 
 person there substituted. As amended, March 6, 1893. 
 
 Sec. 8. Not less than thirty-five days before an election to 
 fill any public office, the Secretary of State shall certify to the 
 County Clerk of each county within this State the name of 
 each person, and the name of the office for which he is nomi- 
 nated, as specified in the certificate of nomination filed with 
 him. As amended, March 6, 1893. 
 
 Sec. 9. Not less than ten days before an election to fill any 
 public office or offices, the County Clerk shall cause to be pub- 
 lished all the nominations certified to or filed with him. Said 
 
AUSTRALIAN BALLOT LAW. 59 
 
 nominations shall be published in a newspaper printed within Nomina- 
 the county. When no neAvspaper is printed within the county, pubfishedL 
 the publication shall be made by posting a copy of the ballot 
 in a public place in each election precinct Avithin the county, 
 one of which copies shall be posted at the court house door. 
 When publication is made l)y jirinting in newspapers, at least 
 two publications by such newspaper shall be required, one of 
 which shall appear in the last regular issue of such paper before 
 election day. 
 
 Spx. 10. When any proposed constitution, constitutional secretary of 
 amendment or other question is to l^e submitted to the popu- certify con- 
 lar vote, the Secretary of State shall, within ninety days before Imendment 
 the election at Avhich such constitution, constitutional amend- J^jJJ^g"*^ 
 ment or question is to ])e voted upon, certify the same to each 
 County Clerk of this State, sending to each of said Clerks 
 enough copies of such constitution, constitutional amend- 
 ments or other questions to supply each Inspector of Election 
 and enough additional copies to carry out the provisions of 
 this Act. And it is hereby made the duty of the County 
 Clerks of each county to have posted, ten days before the elec- 
 tion, in each election precinct, three copies of said constitution, 
 constitutional amendments or other questions to })e voted on, 
 one of which copies shall be posted at the place of holding the 
 polls. If there is a ncAVspaper published in the county, the 
 County Clerk shall cause to be published said constitution, couutycierk 
 constitutional amendment or other questions therein three noJS"e''^'Jjen 
 times ; one publication thereof shall be at least thirty days and how. 
 before election; another not less than tAventy days, and the 
 other not more than ten days before said election. Any Secre- 
 tary of State or County Clerk of this State Avho shall fail to 
 comply with the provisions of this Act shall be deemed guilty Misde- 
 of a misdemeanor, and on conviction shall be fined in a sum meanor. 
 not less than $100, nor more tlian $500. As amended, March Pi^nishment. 
 17, 1903. 
 
 Sec. 11. It shall ])e the duty of the County Clerk to pro- Duties of 
 vide printed ballots for every election for public offices, in STe^aUorf^^ 
 Avhich any voters Avithin the county participate, and to cause to ballots, 
 to be printed in the ballot i)rescribed herein, the name of 
 each and every candidate Avhose name has been certified to, 
 or filed with him, as provided in this Act. Ballots, other 
 than those printed, as provided in this Act, shall not be cast, 
 or counted, in any election. All ballots shall be printed on 
 tinted paper, furnished by the Secretary of State. It shall 
 be the duty of the Secretary of State to obtain and keep on Duties of 
 hand a sufficient supply of such paper for ballots, and to fur- ftatTin^^ °^ 
 nish the same in quantities ordered to any County Clerk, relation to 
 Said paper shall be watermarked with a design furnished by 
 the Secretary of State, in such manner that the said water- Ballot paper 
 mark shall be plainly discernible on the outside of such ^^s<^"^^^- 
 ])allot when properly folded. Such design shall be changed 
 for each general election, and the same design shall not be 
 
60 
 
 AUSTRALIAN BALLOT LAW. 
 
 Use of 
 design on 
 ballot paper. 
 
 Ballot, how 
 printed, 
 numbered 
 and ruled. 
 
 Names on 
 ballot, how 
 printed. 
 
 Other 
 questions 
 than the 
 election 
 of oflBcers. 
 
 Number of 
 ballots and 
 how bound. 
 
 Number of 
 ballots per 
 registered 
 voter. 
 
 used again at any general election within the space of eight 
 years, but at any special or separate local election paper 
 marked with the design used at any previous election may 
 be used. 
 
 Sec. 12. On each ballot a perforated line shall extend 
 from top to bottom, one-half inch from the right-hand side of 
 such ballot, and upon the half -inch strip thus formed there 
 shall be no writing or printing, except the number of the 
 ballot, which shall be upon the back of the strip in such 
 position that it shall appear on the outside when the ballot 
 is folded. The number on each ballot shall be the same as 
 that on the corresponding stub, and the ballots and stubs 
 shall be numbered consecutively in each county. Where the 
 names of candidates are printed in separate columns, the 
 columns shall be separated by heavy rules, and on all ballots 
 the names of candidates shall be separated by a rule extend- 
 ing to the extreme right of the column. All ballots shall 
 contain the name of each and every candidate whose nomi- 
 nation for any office specified in the ballot has been certified 
 to and filed according to the provisions of this Act, and no 
 other name. The names of the candidates for each office shall 
 be arranged under the designation of the office in alphabetical 
 order, according to the surname, except that the name of 
 candidates for Presidential Electors shall be arranged in 
 groups as presented in the several certificates of nomination, 
 and the names of the candidates for President and Vice- 
 President shall precede the proper groups of Presidential 
 Electors; the political designation of each candidate shall be 
 printed opposite his name. There shall be left at the end of 
 the list of candidates for each office one blank space to be 
 used when substituting names to fill vacancies. There shall 
 be a margin at the right-hand side of the names at least one- 
 half inch wide, so that the voter may clearly indicate in the 
 way hereinafter described the candidate or candidates for 
 whom he wishes to vote. Whenever any question is to be 
 submitted to the vote of the people, it shall be printed upon 
 the ballot in such manner as to enable the electors to vote 
 upon the question in the manner hereinafter provided. There 
 shall be printed on the ballots opposite the designation of 
 each office such words as will aid the voter to indicate his 
 choice of candidates, such as "vote for one" "vote for three" 
 and the like. 
 
 Sec. 13. All ballots when printed shall be bound in stub 
 books of five, ten, twenty-five, fifty and one hundred ballots 
 each. A record of the number of ballots printed for them 
 shall be kept by the respective County Clerks. As amended, 
 Stcits. 1899, ]}. 100. 
 
 Sec. 14. The County Clerks shall provide for each election 
 precinct in the county at least two ballots for each voter regis- 
 tered therein, and not more than five ballots in excess thereof. 
 As amended, Stats. 1899, 'p. 100. 
 
AUSTRALIAN BALLOT LAW. 61 
 
 Sec. 15. Whenever it shall appear, b^^ affidavit, that an Duties of 
 error or omission has occurred in the publication of the name mlSoners™ 
 or description of any of the candidates nominated, or in the 
 printing of the ballots, any member of the Board of County 
 Commissioners, upon application by any voter, shall issue an 
 order requiring the County Clerk to correct such error. 
 
 Sec. 16. Before the opening of the polls, at any election, Duties of 
 the County Clerk shall cause to be delivered' to the Board of cSk? 
 Election of each election precinct in his county the proper 
 number of tickets of the kind to be used in the election pre- 
 cinct. In case of prevention of an election in any precinct by 
 reason of the loss or destruction of the ballots intended for 
 that precinct, or for any other cause, the Inspector or other 
 election officer for the precinct shall make an affidavit setting 
 forth the fact and transmit it to the Governor of the State. 
 Upon receipt of such affidavit, and upon the application of any Duties of 
 candidate for any office to be voted for by the voters of such ^gl oT^'^ °" 
 precinct, the Governor shall order a new election in such ^f ^aUo^s"" 
 precinct. 
 
 Sec. 17. At the same time and in the same manner as Duties of 
 Inspectors and Judges of Election are now appointed in the Eiectfon^ 
 State, there shall be appointed two Clerks of Election, who 
 shall have charge of the ballots on election day, and shall fur- 
 nish them to the voters in the manner hereinafter provided 
 for. Said Clerks of Election shall possess the same qualifica- 
 tions and receive the same compensation as Inspectors of Elec- 
 tion. Said Clerks shall be selected from the political parties cierks, how 
 which polled the largest and the next largest votes in the pre- s*^^^^*^^- 
 cinct at the last preceding general election . 
 
 Sec. 18. The Board of Countj^ Commissioners shall pro- Duties of 
 vide, at each polling place within the county, a sufficient li^oners."™ 
 number of places, booths or compartments, in which voters Booths to be 
 may conveniently mark their ballots, so that in the marking p''^^'*^^^- 
 thereof they may be screened from the observation of others, Booths and 
 and a guard rail shall be so placed that only such persons as {^(fci^ed.'^^ 
 are inside said rail can approach within six feet of the ballot 
 box and of such booths or compartments. The arrangeriients 
 shall be such that neither the ballot box nor the l)Ooths or 
 compartments shall be hidden from the view of those just out- 
 side the guard rail. The number of such booths or compart- 
 ments shall not })e less than one for each fifty or fraction of 
 fifty voters registered in the precinct. Each of said booths or 
 compartments shall be kept provided with proper supplies and 
 conveniences for marking ballots. No person, other than 
 voters engaged in receiving, preparing or depositing their bal- 
 lots, shall be permitted inside said guard rail during the time 
 the polls are open, except by authority of the Board of Elec- 
 tion, and in that case onlj^ for the purpose of keeping order 
 and enforcing the law. 
 
 Sec. 19. Any i^erson desiring to vote shall give his name How to vote 
 and address to one of the Clerks of Election, who shall announce 
 
62 
 
 AUSTRALIAN BALLOT LAW. 
 
 Ballot, how 
 prepared. 
 
 Consti- 
 tutional 
 amendment. 
 
 Marking 
 done with 
 stamp. 
 
 Voter to 
 deliver 
 ballot, stamp 
 and ink to 
 Inspector. 
 
 "Voted. 
 
 Strip and 
 number. 
 
 Ten minutes 
 to prepare 
 ballot. 
 
 Spoiled 
 ballot, how 
 treated. 
 
 Duties of 
 Clerks of 
 Election. 
 
 the same, and if the other Clerks shall find the name upon the 
 registry list, he shall repeat the name and address. One bal- 
 lot shall then be given to the voter, and the number of the 
 said ballot shall be written by one of the Clerks of Election 
 upon the registry list opposite the name of the voter receiving it. 
 
 Sec. 20. On receiving his ballot the voter shall immedi- 
 ately retire alone to one of the places, booths or compartments. 
 He shall prepare his ballot by stamping a cross or X in the 
 square, and in no other place, after the name of the person for 
 whom he intends to vote for each office. In case of a consti- 
 tutional amendment or other question submitted to the voters, 
 the cross or X shall be placed after the answer which he 
 desires to give. Such stamping shall be done only with a 
 stamp in black ink, which stamp, ink and ink pad shall be 
 furnished in sufficient number by the County Clerk for each 
 election precinct in the county. Before leaving the booth or 
 compartment the voter shall fold his ballot in such manner 
 that the Avater-mark and the number of the ballot shall appear 
 on the outside, without exposing the stamps upon the ballot, 
 and shall keep it so folded until he has voted. Having folded 
 his ballot, the voter shall deliver it with the stamp, ink and 
 ink pad to the Inspector, who shall announce the name of the 
 voter and the number of his ballot. The Clerk having the 
 registry list in charge, if he finds the number to agree with 
 the number of the ballot delivered to the voter, shall repeat 
 the name and number, and shall mark opposite the name, the 
 word "voted." The Inspector shall then separate the strip 
 bearing the number from the ballot, and shall deposit the bal- 
 lot in the ballot box. Said strip and number shall be imme- 
 diately destroyed. As amended, Stats. 1901, p. 112. 
 
 Sec. 21. But one person shall occupy any one booth or 
 compartment at one time, and no person shall remain in a 
 booth or compartment longer than may be necessary to pre- 
 pare his ballot, and in no case longer than ten minutes. As 
 amended, March 6, 1893. 
 
 Sec. 22. Any voter who shall accidentally spoil a ballot may 
 return such spoiled })allot to the Clerk of Election, and receive 
 another one in its place. All the ballots thus returned shall 
 be immediately canceled by writing the word "canceled" across 
 the face of the ballot, and, with those not distributed to the 
 voters, shall be returned with the election returns. A voter 
 who does not vote the ballot delivered to him shall, before 
 leaving the space inside the guard rail, return such ballot to 
 the Clerks, who shall immediately cancel the same and return 
 it in the same manner as a spoiled ballot. The Clerks of 
 Election shall account for the ballots delivered to them, by 
 returning a sufficient number of unused and spoiled l)allots to 
 make up, when added to the number of official ballots cast, 
 the number of ballots delivered to them. 
 
 Sec 23. A voter who declares under oath, that by reason 
 of physical disability, he is unable to mark his ballot, shall, 
 
AUSTRALIAN BALLOT LAW. 63 
 
 at his request, l)e permitted to receive the assistance, in such wiiomaybe 
 marking, of any elector, other than an election officer, but no ^^^^^^^^ 
 person shall be permitted to go inside the guard rail as an 
 assistant to more than one voter. 
 
 Sec. 24. No ballots shall be deposited in the ballot box Kind of 
 unless the water-mark, as hereinbefore provided, appears dSosfted.^^ 
 thereon, and unless the slip containing the number of the 
 ballot has been removed therefrom by the Inspector. 
 
 Sec. 25. The County Clerk shall cause to be printed on sample 
 plain white paper, without water-mark or endorsement, except ^^''^*- 
 the words "sample ballot" at least as many copies of the form 
 of ballot provided for use in each precinct as there shall be 
 registered voters in any election precinct. And »said County • 
 Clerk shall furnish to each Board of Election, as many sample 
 ballots as there shall be registered voters in said precinct, and 
 on election day, the Board of Election shall furnish each voter 
 on application one such sample ballot. Said County Clerk shall instructions 
 also cause to be printed in plain type on cards, instructions 
 for the guidance of voters for obtaining and marking their 
 l)allots. He shall furnish twelve such cards to the Boards of 
 Election of each election precinct in the county, at the time 
 and in the manner that ballots and sample ballots are fur- 
 nished . The Board of Election shall post at least one of such to be posted, 
 cards in each booth provided for the preparation of ballots, 
 and not less than three of such cards at other public places in 
 and about the polling places on the day of election. There 
 shall be printed on such cards sections twenty-seven, twenty- 
 eight, twenty-nine, and thirty of this Act. As amended, Stats. 
 189 f), p. 100. 
 
 Sec. 26. In counting the ballots any ballot not bearing Kind of 
 the water-mark, as provided in this Act, shall not be counted, counted^ ^^ 
 but such ballot must be preserved and returned with the 
 other ballots. When a voter marks more names than there 
 are persons to be elected to an office, or if for any reason it is 
 impossible to determine the voter's choice for any office, his 
 vote for such office shall not be counted. Any ballot upon Kind of 
 which appears names, words or marks, written or printed, rejected^ ^^ 
 except as in this Act provided, shall not be counted. 
 
 Sec. 27. Any person who shall falsely make or fraudulently counterfeit- 
 deface or destroy any certificate of nomination or any part plfpe?a^* 
 thereof, or file any certificate of nomination knowing the same felony, 
 or any part thereof to be false, or suppress any certificate of 
 nomination which has been duly filed, or any part thereof, or 
 make use of, keep or furnish to others, except as in this Act 
 provided, any paper water-marked in imitation of ballot paper, 
 or disclose to any person not engaged in the making, printing several acts 
 or distribution of ballots or ballot paper under the direction of oneCay\o 
 the proper officer, the design of the water-mark to be placed punished, 
 on the ballot paper, or print or be concerned in printing, or 
 have in his possession any imitation of an official ballot, or 
 make 'Auy mark or endorsement on any ballot or stub, by 
 
64 AUSTRALIAN BALLOT LAW. 
 
 which the ballot can be distinguished from other ballots, or 
 falsely swear that he is unable to mark his ballot by reason of 
 physical disability, shall be deemed guilty of a felony, and, 
 upon conviction thereof, shall be imprisoned in the State 
 Prison for a term not less than one year, and not more than 
 five years. 
 
 Sec. 28. Any person who shall, during an election, remove 
 
 me^anorto ^^^ destroy any of the supplies or other conveniences placed in 
 
 interfere the bootlis or compartments, or shall, during an election, 
 
 supplies^ *°" remove, tear down or deface the cards of instruction posted, 
 
 as prescribed by this Act, shall be guilty of a misdemeanor, 
 
 and, on conviction thereof, shall be punished by a fine not less 
 
 than fifty dollars and not exceeding five hundred dollars, or 
 
 by imprisonment in the county jail for a term not leas than 
 
 one month and not exceeding six months. 
 
 Sec. 29. Any public officer upon whom any duty is imposed 
 pubHcf* ^^ by 'this Act, who shall wilfully neglect or refuse to perform any 
 officer, how such duty, shall be deemed guilty of a felony, and, upon con- 
 viction thereof, shall be imprisoned in the State Prison for n 
 term not less than one year and not exceeding five years. 
 Sec. 30. No person except a member of the Board of Elec- 
 inSrdictions ^^^^ shall receive from any voter a ballot prepared by such 
 under voter. No person shall examine such ballot or solicit a voter 
 
 penalty. ^^ show the Same. No person shall remove any l)allot from 
 any polling place before the closing of the polls. No person 
 shall apply for or receive a ballot at any election precinct 
 other than the one on w^hich he is entitled to vote. No person 
 shall show his ballot to any person, after marking it, so as 
 to reveal any of the names voted for. No person shall ask 
 another within one hundred feet of the polling place for 
 whom he intends to vote. No voter shall receive a ballot 
 from any other person than one of the Clerks of Election, 
 nor shall any other person than a Clerk of Election deliver 
 such ballot to such voter. No voter shall deliver to the Board 
 of Election or to any member thereof any ballot other than 
 the one received from a Clerk of Election. No voter shall 
 place any mark upon his ballot by which it may afterw^ards be 
 identified as the one voted by him. Any person violating any 
 provision of this section shall be deemed guilty of a misde- 
 meanor, and, upon conviction thereof, shall be fined in a sum 
 not less than fifty dollars and not exceeding five hundred dol- 
 lars, or by imprisonment in the county jail for a term not less 
 than one month and not exceeding six months. 
 
 An Act relating to elections and to more fully secure the 
 secrecy of the ballot. 
 
 Approved March 6, 1893. 
 
 Section 1. Amends section four of Act approved March 13. 
 1891. 
 
GENERAL ELECTION. 65 
 
 Sec. 2. Amends section seven of Act approved March 18, 
 1891. 
 
 Sec. 3. Amends section eight of Act approved March 13, 
 1891. 
 
 Sec. 4. The County Clerks of the several counties of this county 
 State shall supervise the printing of the hallots, and such bal- hiv^baUots 
 lots shall be printed at some newspaper or printing office in printed at 
 the county where the ballots are to be voted, and in case there or prSSfnl 
 ia no newspaper or printing office in the county in which the cSmty!^*^^" 
 work can be done, then said Clerk is hereby authorized, 
 empowered and directed to have said printing done in any when 
 newspaper or printing office in the State ; 'iwovided, that the "^^^^^ qj 
 cost of printing said ballots shall not exceed the sum of fifty county, 
 dollars per thousand. .4.^ amended, March /4, 1S99. 
 
 An Act supplementary to an Act entitled "Aw Act relating to 
 elections and to more fully secure the secrecy of the ballot" 
 approved March 13, 1891. 
 
 Approved March 18, 1901. 
 
 Section 1. Before the close or final adjournment of any Relating to 
 Board of Election in any voting precinct in tliis State, the |oard°° 
 Inspectors shall canvass and count any and all ballots rejected 
 by them, on a separate tally sheet, in the same manner as legal ?®/ff ^** 
 ballots are now canvassed and counted, and transmit said sheet counted on 
 to the Board of County Commissioners in the ballot box, with ttn^Thlet. 
 the other papers and documents, and the result of the vote 
 cast for any and all candidates, and on any and all questions 
 submitted, so far as can l)e determined, shall ])e posted imme- To be 
 diately thereafter in some conspicuous place on the building p°^*^^- 
 in which the election is held, a duplicate copy of which shall 
 be placed in the Imllot box with the other election returns and 
 papers, to the Board of County Commissioners, and the County 
 Clerk shall keep a record of the same. 
 
 An Act supplemental to an Act entitled ^^ An Act relating to 
 elections and to more fully secure the secrecy of the ballot" 
 
 Approved March 19, 1901. 
 
 Section 1 . It shall be unlawful for any Clerk or Inspector unlawful for 
 of Election to place any mark whatsoever upon any ballot p" t^mark *^ 
 other than a "spoiled" ballot; provided, hotvever, ihut when »pon ballot, 
 such Clerks or Inspectors o^ Election shall reject a ballot for 
 any alleged defect or illegality, it shall be the duty of such 
 
66 
 
 SCHOOL TRUSTEES ELECTION. 
 
 Certificate Inspectors of Election to certify over their signatures upon the 
 rejected back of each and every l)allot rejected that such ballot or ballots 
 ballot. ^ygj.g jj^ f^Q^ rejected and briefly stating their reasons therefor. 
 
 SCHOOL TRUSTEES ELECTION. 
 
 Election in 
 new districts. 
 
 Polls kept 
 open. 
 
 Poll and 
 tally lists. 
 
 An Act to provide for the maintenance and supervision of 
 public schools. 
 
 Approved March 9, 1887. 
 
 Section 1. (Relates to the duties of County Superintend- 
 ents.) 
 
 Sec. 2. (Obsolete.) 
 
 Sec. 3. Within thirty days after the formation of a new 
 district an election must be held for Trustees. Any three 
 electors of the district may give notice of it in the same man- 
 ner as notice is required to be given for the annual election. 
 
 Sec. 4. (Obsolete.) 
 
 Sec. 5. (Obsolete.) 
 
 Sec. 6. In districts in which the children l)etween six and 
 eighteen years of age exceed four hundred, the polls must be 
 open at eight o'clock a. m., and kept open until five p. m. In 
 other districts the polls must not be open before nine a. m. 
 nor be kept open less than four hours. 
 
 Sec. 7. (Obsolete.) 
 
 Sec. 8. (Obsolete.) 
 
 Sec. 9. (Obsolete.) 
 
 Sec. 10. A poll and tally list must be kept and returned 
 to the Board of Trustees. 
 
 Sec. 11. (Obsolete.) 
 
 An Act providing for the date of election of School Trustees, 
 and other matters properly connected therewith. 
 
 statutes 1909, p. 124. 
 
 Note— This Act supersedes and repeals Section 1 of the Act approved 
 March 16, 1897, p. 100, and the four sections are therefore substituted for the 
 original Section 1. 
 
 Section 1 . School districts having fifteen hundred or more 
 School school children, as shown by the last preceding school census. 
 
 Trustees. shall have five Trustees; other districts shall have three 
 Trustees. 
 
 Sec. 2. An election of School Trustees shall be held in 
 each school district of the State on the first Saturday in April, 
 1910, and on the same day every two years thereafter. At 
 such elections, three Trustees shall be elected in any district 
 having fifteen hundred or more school census children, as shown 
 by the last preceding census, two for four years and one for 
 
SCHOOL TRUSTEES ELECTION. 67 
 
 two years ; and two Trustees shall be elected in every other Election 
 district, one for four years and one for two years. ° ^*™^' 
 
 Sec. 3. In any school district having for the first time fif- Five 
 teen hundred school census children, as determined after the when. ' 
 election of Trustees in any year, there shall be elected at the 
 next ensuing School Trustee election two Trustees for four jesiYs 
 and two Trustees for two years, to bring such district to the 
 five-trustee basis; and in anj^ district falling below such num- 
 ber, as determined after a School Trustee election, there shall ^{J^lf^gg 
 be elected at the next ensuing Trustee election one Trustee for when, 
 four years, to l)ring such district to the three-trustee basis. 
 
 Sec^. 4. Trustees elected under this Act shall take office on Terms of 
 the first Monday in May following their election ; 'provided, that °^^®" 
 the Trustees elected in 1910 shall take office on the first Mon- 
 day in July, 1910, those elected for four years to serve until the 
 first Monclay in May, 1914, and those elected for two years to 
 serve until the first Monday in May, 1912. 
 
 [Section 2 is superseded by ninth paragraph of Section 2, Statutes 1907, 
 p. 380. The remaining Sections 3 to 19, inclusive, are from original Act 
 approved March 16, 1897, p. 100.] 
 
 Sec. 3. All Judges and Inspectors of Election, and such Election 
 other officers as may be necessary, shall l^e appointed by the appSifted. • 
 School Trustees in each district. If the Trustees fail to appoint 
 the election officers, or if they are not present at the time of 
 opening the polls, the electors present may appoint them. 
 All such officers shall serve without compensation. 
 
 Sec. 4. The Election Board shall issue certificates of elec- Certificates 
 tion to those receiving the greatest number of votes cast in 
 accordance with the provisions of this Act. 
 
 Sec. 5. Not less than ten days before the election held be'^pofted! 
 under the provisions of this Act, the Trustees in each district 
 shall post notices in three public places in the district, which 
 notice shall specify that there wdll be an election held at the 
 school house of such district, and the hours between which the 
 polls will be kept open. If the Trustees of any district shall 
 have failed to post the notices as required by this section , then 
 any three electors of the district may, within five days of the 
 day of election, give notice of such election, w^hich notices shall 
 be sufficient for the election required by this Act, and in such 
 case no registration shall be necessary, but all the other pro- 
 visions of this Act shall be enforced. 
 
 Sec. 6. No person shall be allowed to vote at any school ^"n^for* 
 election unless he is a resident of the district and his name voting, 
 appears upon the official registry list of the voting precinct or 
 precincts including the district, for the preceding general elec- 
 tion ; proinded, that any citizen of the United States who shall 
 have resided in this State six months, and in the school 
 district thirty days next preceding the day of election, and 
 whose name is not upon the said official registry list, may 
 apply to the Clerk of the Board of School Trustees, or to a 
 person authorized by the Trustees of the district to act as 
 
68 
 
 SCHOOL TRUSTEES ELECTION. 
 
 Relating to 
 registration. 
 
 Form of 
 oath. 
 
 List of 
 voters. 
 
 Lists of 
 voters to be 
 prepared. 
 
 Compensa- 
 tion allowed. 
 
 List 
 
 delivered to 
 Inspectors of 
 Election. 
 
 Voting shall 
 be by ballot. 
 
 Registry Agent, not more than eight nor less than five days 
 prior to the day of election, to have his name registered. 
 
 Sec. '7. It shall be the duty of the Clerk of the Board of 
 School Trustees, or the person appointed by the Board of 
 School Trustees, as the case may be, to register anj^ qualified 
 voter of the school district who may apply to })e registered 
 under the provisions of the preceding section ; jyrovlded, that 
 if the person applying to be registered be unknown to the 
 Registry Agent, or his qualifications for voting be unknown, 
 he shall, before having his name registered, he required to 
 subscribe to the following oath : " You do solemnly swear that 
 you are a citizen of the United States; that you are twenty- 
 one years of age; that 3"0U will have resided in the State six 
 months and in the school district thirty days next preceding 
 the day of the school election." False swearing under the pro- 
 visions of this section shall be deemed perjury, and punished 
 as now provided by law. 
 
 Sec. 8. No person shall be entitled to vote under the pro- 
 visions, of this Act except he l)e registered as herein provided. 
 The Board of School Trustees shall prepare or cause to be 
 prepared a list of the names of all persons entitled to vote at 
 the school election as herein provided, which said list shall 
 be completed at least three days prior to the day of election, 
 and shall l>e under the charge of the Clerk of the Board of 
 School Trustees and subject to the inspection of any qualified 
 voter in the district. 
 
 Sec. 9. The Board of School Trustees in all school districts 
 having a voting population of fifty or more, are authorized to 
 employ a competent person to prepare said list of qualified 
 voters and to pay for the work out of the school fund of the 
 district, in [a] manner as other claims against the district are 
 allowed and paid, a reasonable sum, not exceeding five cents a 
 name for each qualified voter, providing that the total amount 
 to be allowed shall not exceed twenty dollars. The list so 
 prepared shall be sworn to by the person making the same as 
 correct, according to his best knowledge, information and belief. 
 
 Sec . 10 . The list of qualified voters , as hereinbefore descri])ed , 
 shall be delivered to the Inspectors of Election prior to the 
 time of opening the polls on the day of election, and no per- 
 son shall be entitled to vote at the election whose name is not 
 on said list; provided, that any person whose name is left off 
 said list by mistake, design, accident or otherwise, may have 
 his name placed thereon ])y the Inspectors of Election upon 
 satisfactory proofs being presented of his having previously 
 l)een registered in accordance with the provisions of this Act. 
 
 Sec. 11. The voting shall be by ballot, either w^ritten or 
 printed, and when two or more Trustees are to be elected for 
 different terms, the ballot shall designate such term as "long 
 term" and "short term" respectively. 
 
 Sec. 12. In all school districts having a voting population 
 of one hundred or over, the Board of Scliool Trustees shall 
 
SCHOOL TRUSTEES ELECTION. 69 
 
 have printed ballots of uniform size containing the names in Ballots, 
 alphabetical order, of all persons candidates for the office of Siftain. 
 School Trustee. There shall be twice as many ballots printed 
 as there are voters in the district, and no ballots other than Number of 
 those furnished by the Board of School Trustees shall be voted. ^^^^°^s- 
 
 Sec. 13, A person desiring to vote shall, if his name be How to vote, 
 upon the registry list as herein provided, receive from the 
 Board of Election or some member thereof, and from no 
 other person, a l)allot upon which he shall designate his 
 choice for Trustee or Trustees to be elected in the district, by 
 placing a cross thus : " X " opposite and to the right of the 
 name of the person for whom he intends to vote. 
 
 Sec. 14. There shall be placed upon the ballots, in addi- Fallot can 
 tion to the names of the candidates, such information as the 
 Board of Trustees may deem necessary to inform the voter 
 how to mark his ballot, such as: "Place a cross thus: 'X,' 
 opposite and to the right of the name of the candidate for 
 whom you wish to vote" "vote for one" "vote for two" etc. 
 
 Sec. 15. No person other than the Board of Election, or a Allowed at 
 police officer in the discharge of his duty, shall be allowed p°^^^- 
 within one hundred feet of the polls, except when actually 
 engaged in voting or in going to or from the polls for the 
 purpose of voting or of challenging the vote of another, and 
 excepting all persons in attendance upon any school which 
 may be in session in the building. No person shall show his 
 ballot to another while marking it or after marking it so as to 
 disclose for whom he has voted, but he shall as soon as pos- 
 sible after marking it fold it so as the marking will be on the 
 inside, and return it to the Board of Election to be counted. 
 Wilful violation of any of the provisions of this section shall 
 constitute a misdemeanor, punishable by fine not exceeding Misde- 
 fifty dollars or imprisonment in the county jail not exceeding °^®^°or- 
 twenty-five days, or by both such fine and imprisonment. 
 
 Sec. 16. No person shall receive assistance in marking his Assistance 
 ballot unless physically unable to mark it, and then only by ^*^'^^®^- 
 permission of the Board of Election. A voter spoiling his bal- 
 lot may procure another by delivering the spoiled ballot to 
 the Board of Election. 
 
 Sec 17. Any registered person offering to vote may be Challenge, 
 challenged by any elector of the district, and the Judges of 
 Election must thereupon administer to the person challenged 
 an oath in substance as follows: "You do swear that you are 
 a citizen of the United States; that you are twenty-one years 
 of age; that you have resided in this State six months and 
 in this school district thirty days next preceding this election, 
 and that you have not voted before this day." If he takes the 
 oath prescribed in this section his vote shall be received, oth- 
 erwise his vote must be rejected. Illegally voting under the 
 provisions of this Act shall be punished the same as the law Penalty, 
 now provides for punishing offenses of this character. 
 
 Sec. 18. In school districts having a voting population of 
 
70 SCHOOL BONDS ELECTION. 
 
 Relating to one hundred (100) or over, candidates for the office of School 
 Schoo/^° Trustees shall, not later than five days before the day of elec- 
 Trustees. tion, have their names filed with the County Clerk of said 
 county, with designation of the term of office for which they 
 are candidates, and no names shall be placed upon the Imllots 
 unless filed within the time herein pro^dded. As amended. 
 Stats. 1901, p. 5Jf.. 
 
 Sec. 19. The Board of Election shall keep a poll list and 
 fa^if ^shle^s ^ tally sheet, which, together with the registry list and all bal- 
 lots cast, shall be delivered to the County Clerk upon the count 
 being completed, and such returns shall be kept as the law now 
 provides for keeping returns of general elections. 
 
 SCHOOL BONDS ELECTION. 
 
 An Act to amend an Act entitled ^^ An Act to enable the several 
 school districts of the State to issue negotiable coupon bonds 
 for the purpose of erecting and furnishing school build- 
 ings, or purchasing ground, or for refunding floating funded 
 debts, and providing for the payment of the principal indebt- 
 edness thus authorized and the interest thereon" approved 
 March 12, 1907. 
 
 Approved February 8, 1908, p. 34. 
 
 Section 1. Any school district of the State now existing, 
 General or which may hereafter be created, is hereby authorized to 
 isSiin^g ° borrow money for the purposes of erecting and furnishing a 
 school bonds school building or buildings, maintaining the same, purchas- 
 ing ground upon which to erect such building or buildings, or 
 for refunding floating indebtedness, or for any or all of these 
 purposes, by issuing negotiable coupon bonds of the district in 
 the manner by this Act provided. As amended, Stats. 1909, 
 p. 178. 
 
 Sec. 2. When the Board of Trustees of any school district 
 Question of shall deem it necessary to incur an indebtedness authorized by 
 bonds^^^^ this Act by issuing the negotiable coupon bonds of the dis- 
 popu/afvote t^^^*, such Board of Trustees shall first determine the amount 
 ' of such bonds to be issued, and a certificate of such determi- 
 nation shall be made and entered in and upon the records of 
 said district. Thereupon, the Board of School Trustees shall, 
 by resolution duly made and entered in and upon the records 
 of said board, submit the question of contracting a bonded 
 indebtedness for any of the purposes authorized by this Act to 
 a vote of the duly qualified electors of the district at the next 
 general election of the School Trustees, or at a special election 
 which the School Trustees are hereby authorized to call for 
 such purpose. 
 
 Sec. 3. The election provided in this Act shall be called 
 
SCHOOL BONDS ELECTION. 71 
 
 and held, and the vote canvassed and returned, in all respects Election, 
 as nearly as may be in accordance with the provisions of law conducted, 
 now governing the election of School Trustees; pi'ovided, that 
 if there is a newspaper published in the school district the 
 notice shall be published for at least once a week for two 
 successive weeks preceding said election. The election notice 
 must contain : 
 
 First — The- time and place of holding such election . Election 
 
 Second — The names of Inspectors and Judges to conduct the contain" 
 same. 
 
 Third — The hours during the day in which the polls will be 
 open. 
 
 Fourth — The amount and denomination of the bonds, the 
 rate of interest and the number of years, not exceeding twenty, 
 the bonds are to run. All persons voting on the question sub- 
 mitted at such election shall vote by separate ballot whereon is 
 placed the words "For the the Bonds" or "Against the Bonds." 
 The ballots shall be deposited in a separate ballot box pro- 
 vided by the School Trustees for that purpose. 
 
 Sec. 4. If upon the official determination of the result of Bon^^^to 
 such election it appear that a majority of all the votes cast longer than 
 are "For the Bonds" the Board of Trustees, as soon as prac- twenty years, 
 ticable, shall issue the negotiable coupon bonds of the district 
 in such form and denomination as the Board of Trustees may 
 direct, said bonds to run for a period not to [exceed] twenty 
 (20) years from the date of issue, and bearing interest at a rate 
 not exceeding eight (8) per cent per annum, payable semi- 
 annually, both principal and interest payable at such place as 
 the Board of Trustees may direct, said bonds not to be sold 
 for less than their par value. And before said sale is made 
 notice of such proposed sale must be given, by publication, in 
 a newspaper, if there is a newspaper published in the district, 
 for at least one week before said bonds are disposed of, invit- 
 ing sealed bids to be made for said bonds, and said bonds are 
 to be sold to the highest and best bidder for said bonds; jyi'o- 
 vided, if there is no newspaper published in said school district, 
 the notice herein provided for shall be given by posting in 
 three public places in said school district for at least ten days 
 before said bonds are disposed of. 
 
 Sec. 5. All bonds issued under the provisions of this Act Bonds 
 shall be signed by the Chairman of the Board of Trustees and ^'^"^ ' 
 be duly attested by the Clerk thereof, and shall bear the seal Seai. 
 of the district, if the district has a seal, and shall be counter- 
 signed by the County Treasurer. 
 
 Sec. 6. Before any district shall issue bonds under the pro- Registry 
 visions of this Act, all such bonds shall be presented to the °^ ^°°^^' 
 Treasurer of the county to be duly registered by him in a book 
 kept for that purpose in his office, which registry shall show 
 the school district, the amount, the time of payment and the 
 rate of interest, and all such bonds shall bear the certificate 
 of the County Treasurer to the effect that they are issued and 
 
72 
 
 SCHOOL BONDS ELECTION. 
 
 Special tax 
 for interest 
 and 
 
 redemption 
 of bonds. 
 
 Sinking 
 Fund. 
 
 Change in 
 boundaries 
 not to release 
 property 
 from tax. 
 
 registered under the provisions of this Act. After such regis- 
 try the bonds shall be at the disposal of the Board of Trustees 
 of the district issuing the same, to l>e sold for the purpose of 
 raising funds for the objects designated by this Act. 
 
 Sec. 7. Whenever any school district shall issue any bonds 
 under the provisions of this Act it shall be the duty of the 
 Board of Commissioners of the county in which such district 
 may be situated to levy and assess a special tax on all the 
 taxable property of such district in an amount sufficient to 
 pay the interest thereon when the same shall become due 
 according to the tenor and effect of said bonds, and the 
 County Treasurer shall collect the same as other taxes are 
 collected, in cash only, keeping the same separate from other 
 funds received by him ; and if there shall be any surplus after 
 paying said interest and the expenses of collecting such special 
 tax, the Treasurer shall without delay pass the same to the 
 credit of such school district, and such funds so passed to the 
 credit of the district shall l)e subjected to the disposal of the 
 Board of Trustees ; and beginning with the year the bonds are 
 issued, and annually thereafter, until the full payment of said 
 bonds has been made, the Board of County Commissioners of 
 the county in which said school district is situated shall levy 
 and assess a special tax, and shall cause said special tax to be 
 collected on all property of the school district, including the 
 net proceeds of mines, sufficient to pay annually a propor- 
 tion of the principal of said bonds equal to a sum produced 
 by taking the whole amount of said bonds outstanding and 
 dividing it by the number of years said bonds then have to 
 run, which amount shall be levied, assessed and collected in 
 the same manner as the tax for the payment of the interest 
 coupons, and when collected shall be known as the "Sinking 
 Fund" and shall be used only in the payment of such bonds. 
 The sinking fund thus provided may be applied to the pur- 
 chase and cancellation of the outstanding bonds of the district. 
 At the maturity of such bonds the County Treasurer shall call 
 in and pay such bonds and accrued interest thereon and duly 
 cancel the same, and certify his action to the Board of Trus- 
 tees of the school district. 
 
 Sec. 8. No change in the boundary lines of any school dis- 
 trict shall release the taxable real property of the district from 
 assessment and le\'y of the taxes to pay the interest and prin- 
 cipal of such bonds, and if there shall be any change in the 
 boundary of such school district so as to leave any portion of 
 the taxable real property of the district which was subject to 
 taxation in the district at the time of the issue of such bonds, 
 the assessment and levy of taxes for the payment of the prin- 
 cipal and interest of such bonds shall be made on such prop- 
 erty as if it were still within the district, and if there shall be 
 any change of the boundary lin^s of such school district so as 
 to annex or include any taxable or real property, after the 
 issue of such l)onds, the real property so included or annexed 
 
FREE TEXT -BOOK ELECTION. 73 
 
 shall thereafter l)e subject to the assessment and levy of a tax 
 for the payment of the principal and interest 'of such bonds. 
 
 Sec. 9. All taxes levied and assessed as in this Act provided Taxes 
 shall constitute a lien on the property charged therewith, from neS^on"'^ 
 the date of the levy thereof by the County Commissioners, or property, 
 the entry thereof on the assessment roll of the County Auditor, 
 until the same are paid, and thereafter, if allowed to become 
 delinquent, shall be enforced in the same manner as is now 
 provided by law for the collection of State and county, taxes . 
 And no additional allowance, fee or compensation whatever 
 shall be paid to any officer for carrying out the provisions of 
 this Act. 
 
 Sec. 10. All Acts and parts of Acts in conflict with the 
 provisions of this Act are hereby repealed. 
 
 An Act to enable school districts to issue negotiable coupon 
 bonds for the purpose of erecting, furnishing ^ equipping and 
 maintaining buildings for industrial training, manual train- 
 ing, domestic science and agriculture, or for any one or all 
 of these purposes, and providing for the payment of the prin- 
 cipal indebtedness and the interest thereon, and other matters 
 properly connected therewith. 
 
 statutes 1909, p. 122. 
 
 Section 1 . Any school district of the State is hereby author- Bonds for 
 ized to borrow money for the purpose of purchasing grounds, S-poUs. 
 erecting buildings, and furnishing, equipping and maintaining 
 the same, for instruction in industrial training, manual train- 
 ing, domestic science and agriculture, or for any one or all of 
 these purposes, by issuing negotiable coupon bonds of the 
 district. 
 
 Sec. 2. Such bonds shall be determined upon, submitted under 
 to vote of the district interested, authorized, issued and paid, ^®°^'*»^^^*' 
 in accordance with the provisions of the general law for bond- 
 ing school districts, as approved March 12, 1907, and as 
 amended February 8, 1908. 
 
 Si5C. 3. This Act shall take effect upon its passage and in effect, 
 approval. 
 
 FREE TEXT-BOOK ELECTION. 
 
 An Act to provide boohs, equipment and materials, and to 
 encourage the economic use thereof by the pupils of the pub- 
 lic schools, and fixing penalties for its infraction. 
 
 statutes 1909, p. 156. 
 
 Section 1 . The Board of Trustees of each school district To provide 
 may upon their own motion, and shall upon written demand book? foi- 
 by a number of qualified voters equal to ten per cent of the pupiis.when. 
 
74 
 
 FREE TEXT -BOOK ELECTION. 
 
 Election. 
 
 Trustees to 
 levy tax. 
 when. 
 
 District 
 property. 
 
 Books; how 
 disposed of. 
 
 Parents 
 responsible 
 for books. 
 
 Credits to 
 pupils. 
 
 Material 
 other than 
 books. 
 
 average number of children attending the public schools in 
 said district during the preceding full school month, submit 
 to a vote of the people, at the next ensuing general or special 
 school election, the question of providing free text-books for 
 the pupils attending said schools, and of levying a special tax 
 for this purpose at a rate to be named in the demand, if demand 
 be made, and in a notice of such election, which shall be given 
 as required in the case of other special-tax elections. 
 
 Sec. 2. If a majority of those voting at such election vote 
 in favor of providing free text-books and of a special tax for 
 the same, the Board of Trustees shall levy such tax, which 
 shall be collected as other special taxes are collected and, from 
 the fund so provided, which shall be called the Book Fund, 
 shall purchase a sufficient number of authorized text-books, as 
 they may be required, and shall loan them upon such terms, 
 and under such rules and regulations, as maj- be made by said 
 board, or as may be provided by law, to parents or guardians 
 for the use of the pupils of the schools of said district. 
 
 Sec. 3. All property purchased under this Act for a school 
 district shall be and remain the property of said district, 
 except as other^^dse provided by law. 
 
 Sec. 4. Text-books purchased under this Act may be dis- 
 posed of as follows : 
 
 (a) They may be sold for cash to pupils of the public 
 schools, or to parents or guardians of such pupils. 
 
 (h) If the Board of Trustees so decide, pupils who have 
 completed the last two years of the course of study for the 
 district, may, as a mark of merit, be given the permanent 
 ownership of such four text-books used by them during their 
 last two years of study in the schools of said district, as said 
 pupils may select. 
 
 Sec. 5. The parents and guardians of pupils shall ])e respon- 
 sible for all books loaned to the pupils in their charge, and 
 shall pay to the Clerk of the Board of Trustees, for the Book 
 Fund of the district, the full purchase price of every such 
 book destroyed, lost, or so damaged as to make it unacceptable 
 to other pupils succeeding to their classes. The Board of 
 Trustees may also make rules for payment for slighter injuries 
 to books. 
 
 Sec. 6. Credits shall be given to pupils in a ratio to be 
 fixed by those having authority to fix ratios of credits, for the 
 economic use and care of l^ooks in the hands of pupils, whether 
 such books be the property of the district or otherwise. 
 
 Sec. 7. Equipment and materials for use in manual train- 
 ing, industrial training and the teaching of domestic science, 
 may be supplied to pupils in the same manner, out of the same 
 fund and on the same terms and conditions as books; provided, 
 that no private ownership can be acquired in such equipment 
 or material unless sold according to law when such equipment 
 or material shall be no longer used or required for the schools 
 of the district. 
 
HIGH SCHOOLS ELECTION. 75 
 
 Sec. 8. Authorized supplementary books for the use of the other books 
 teachers may be purchased under this Act, and shall remain 
 the property of the school district for which purchased unless 
 sold in accordance with law. 
 
 Sec. 9. Each year after the first introduction in any school Tax levy, 
 district of the system provided for in this Act, and on or before 
 the 10th day of January thereof, the Board of School Trustees 
 of such district shall estimate the amount of money necessary 
 for maintaining or increasing the supply of books, equipment, 
 and material, or any or all of these, and proceed to levy the 
 necessary tax therefor in the manner now provided for by law 
 for levying a special tax not in excess of twenty-five cents on 
 the one hundred dollars. 
 
 Sec. 10, This Act shall not be so construed as to authorize Not to 
 the violation of any valid existing contract, nor to provide a e'Ssting*^^ 
 means for the adoption of text-books. contracts. 
 
 Sec. 11. Every person violating the provisions of this Act Penalties, 
 shall be guilty of a misdemeanor, and shall be fined not more 
 than twenty dollars ($20) or imprisoned not more than ten 
 (10) days, or both so fined and imprisoned. 
 
 HIGH SCHOOLS ELECTION. 
 
 An Act permitting the establishment of County High Schools 
 in the various counties of this State, and providing for the 
 construction, maintenance, management and supervision of 
 the same, to repeal all Acts and parts of Acts in conflict 
 herewith, and matters properly connected therewith. 
 
 statutes 1909, p. 241. 
 
 Section 1 . There may be established in any county in this county High 
 State a high school; provided, that at any general or special fg^tabHs^hed 
 election held in said county after the passage of this Act, a by popular 
 majority of all the votes cast at such election upon the propo- 
 sition to establish a high school shall be in favor of establish- 
 ing and maintaining such high school at the expense of said 
 county. 
 
 Sec. 2. The Board of County Commissioners at any gen- County com- 
 eral election to be held in any county after the passage of Sbm?t°^^^ *^ 
 this Act, upon the presentation of a petition signed by fifty or Jotefs""*^ 
 more qualified electors, taxpayers of said county, at any reg- 
 ular meeting of said board held not less than eight weeks 
 before any special or general election, must make an order 
 submitting the question of establishing, constructing and 
 maintaining a county high school to the qualified electors 
 thereof. The Board of County Commissioners, upon the 
 presentation of said petition, may order a special election for 
 said purpose. Said election shall be conducted in the manner 
 prescribed by law for conducting elections, and the ballots at Ballots. 
 
76 
 
 HIGH SCHOOLS ELECTION. 
 
 Location of 
 said school, 
 how 
 determined. 
 
 Form of 
 ballot. 
 
 such election shall have printed thereon the words "For a 
 County High School" and the words "Against a County High 
 School." The votes cast for and against said county high 
 school at any election therefor shall be counted and the 
 returns thereof made and canvassed in the manner provided 
 for by law for counting, making returns, and canvassing the 
 votes of a general election; provided, that the election officers 
 appointed to conduct any special election held in accordance 
 with this Act, as required l)y law, shall perform all services 
 required of them by law in holding and conducting such elec- 
 tions, without any fees or pay therefor. 
 
 Sec. 3. If a majority of the votes cast on the proposition 
 to establish a county high school shall be in the affirmative, 
 it shall be the duty of the Board of County Commissioners, 
 within thirty days after canvassing said vote, to locate the 
 high school in the place in said county where the said board 
 shall deem mosc suitable and convenient for the purpose. 
 If, within sixty days after the County Commissioners shall 
 have located said high school, there shall be presented a cer- 
 tified petition bearing the signatures of at least one-fourth 
 of the qualified voters of such county according to the last 
 general election returns, said' petition requesting a vote on 
 the question of the location of the county high school and 
 specifying a desired location, said Board of County Commis- 
 sioners shall submit the question of such location to the 
 voters of the county at the next general election; provided^ 
 that in all cases where special elections have been called by 
 the Board of County Commissioners of any county of this 
 State previous to the passage of this Act to submit the ques- 
 tion of location of any county high school to the voters in 
 any such county wherein two thousand or more votes were 
 cast at the last general election, and wherein the assessed 
 valuation of real and personal property is six million dollars 
 or more, the Board of County Commissioners may, if said 
 board deems it to the best interest of the people of such 
 county, establish two county high schools; one at the place 
 selected by the Board of County Commissioners and one at 
 the place named in the petition presented to the said Board 
 of County Commissioners praying for said special election in 
 said county, and thereupon the said board may revoke the 
 order calling said special election and in such case no special 
 election shall be held. 
 
 At any general election at which the location of any county 
 
 high school is submitted to the voters of the county, the form 
 
 of the ballot shall be : 
 
 f Yes 
 Shall the County High School be located at ? i -j^ 
 
 In other respects the provisions of the general election law 
 shall be followed. If at any such election a majority of all 
 voters who shall vote on the question of such location shall 
 vote in favor of locating the county high school at the place 
 
HIGH SCHOOLS ELECTION. 77 
 
 designated in the petition, it shall be the duty of the Board of 
 County Commissioners to cause the high school to be located 
 at such place, not later than the first day of the next following 
 Septem})er. While a vote on the question of changing the 
 location of any county high school is pending, no contract for 
 the purchase of grounds or for the erection of a building shall 
 be made. When the location of the county high school has 
 been finally determined, the Board of County Commissioners 
 shall estimate the cost of purchasing suitable grounds, procur- 
 ing plans and specifications, erecting a l)uilding, furnishing the 
 same, fencing and ornamenting the grounds, and the cost of 
 running said school for the following twelve months; jrrovided, Proviso. 
 that the estimate mentioned herein for purchasing suitable 
 grounds, procuring plans and specifications, erecting a build- 
 ing, furnishing the same and fencing and ornamenting the 
 grounds shall not be made, if previous to the time when the 
 Commissioners are to make sucli estimate the Legislature shall 
 have authorized said county to issue b(^nds for such purpose. 
 
 Sec. 4. W^hen such estimate shall have been made, the Tax levy. 
 Board of County Commissioners shall thereupon immedi- 
 ately proceed to levy a special tax upon all the assessable 
 property of the county sufficient to raise the amount esti- 
 mated. Said tax shall be computed, entered on the tax roll 
 and collected in the same manner as other taxes are com- 
 puted, entered and collected, and the amount so collected 
 shall be deposited in the county treasury and be known and 
 designated as the "County High School Fund" and shall be County High 
 drawn from the treasury in the manner now provided by law ^^^°^^ ^^°^- 
 for drawing money from the treasury by School Trustees; 
 fwomded, however, that the tax levy for purchasing suitable 
 grounds, procuring plans and specifications, erecting a build- 
 ing and furnishing the same, fencing and ornamenting the 
 grounds, may be deferred as long as a sufficient number of 
 suitable rooms in a public school building can be secured for 
 the purposes of such county high school at a reasonable rental. 
 In case such levy be deferred until after the election of a 
 County Board of Education, the levy shall be made by the • 
 Board of County Commissioners whenever so ordered by the 
 County Board of Education, and the Board of Education shall 
 be charged with the duty of purchasing grounds and erecting 
 and furnishing such school building. 
 
 Sec. 5. The Board of County Commissioners shall act as a county 
 County Board of Education in the performance of the duties Education, 
 hereinbefore mentioned and shall continue to perform the 
 duties of the County Board of Education until a County Board 
 of Education shall have been elected and qualified as herein- 
 after provided, and at such time the Board of County Commis- 
 siohers shall transfer all property and control of said school to 
 the County Board of Education, who shall hold the same in 
 trust for the county. 
 
 Sec. 6. At the next general election after it shall have 
 
78 
 
 HIGH SCHOOLS ELECTION. 
 
 County 
 Board of 
 Education 
 elected. 
 
 Duties of 
 said board. 
 
 Tax levy. 
 
 What pupils 
 eligible. 
 
 Principal 
 may super- 
 vise other 
 schools. 
 
 Under 
 
 general 
 
 laws. 
 
 ])een decided to establish a county high school- there shall be 
 elected a County Board of Education, to consist of three mem- 
 bers, two of whom shall serve two years, and the other four 
 years, and thereafter at each regular biennial election there 
 shall be elected two members of said board, one of whom shall 
 serve for two years and the other for four years. Each person 
 elected as herein provided shall enter upon the duties of his 
 office on the first Monday in January next following his elec- 
 tion, and shall hold office until his successor is elected and 
 qualified. If at any time a vacancy shall occur on said board, 
 it shall he the duty of the Superintendent of Public Instruc- 
 tion to appoint a member for the unexpired term. 
 
 Sec. 7. It shall be the duty of the County Board of Edu- 
 cation to furnish, annually, an estimate of the amount of 
 money needed to pay all the necessary expenses of running 
 said school ; to enforce the uniform high-school course of study 
 adopted by the State Board of Education ; to employ teachers 
 holding Nevada State certificates of the high-school grade in 
 full force and effect; to hire janitors and other employees, and 
 discharge such employees when sufficient cause therefor shall 
 exist; and to do any and all other things necessary to the 
 proper conduct of the school. 
 
 Sec. 8. It shall be the duty of the Board of County Com- 
 missioners to include in their annual tax levy the amount esti- 
 mated by the County Board of Education as needed to pay the 
 expenses of conducting the county school; and such amount, 
 when collected and paid into the county treasury, shall be 
 known as the "County High School Fund" and may be drawn 
 therefrom for the purpose of defraying the expenses of con- 
 ducting said county high school, in the manner now provided 
 by law for drawing money from the county treasury by School 
 Trustees. 
 
 Sec. 9. All county high schools shall be open for the admis- 
 sion of graduates holding diplomas from the eighth grade of 
 the elementary schools of the State; provided, that the exami- 
 nations for the said diplomas shall have been given under the 
 direction and authority of the State Board of Education ; and 
 to such other pupils as shall pass the examination for admis- 
 sion to the county high school, which examination shall be 
 conducted under the direction and authority of the State 
 Board of Education. 
 
 Sec. 10. Nothing in this Act shall be construed so as to 
 prevent the principal of the county high school from acting as 
 principal of the grammar school of the district in which the 
 county high school is located if so desired by the Trustees of 
 said school district and the County Board of Education. 
 
 Sec. 11. The county high school shall be under the same 
 general supervision and shall be subject to the same laws, 
 rules and regulations governing the other schools of the State 
 school system. 
 
 Sec. 12. The County Board of Education is hereby empow- 
 
ELECTION OF DISTRICT JUDGES. 79 
 
 ered to provide for the rental, purchase, or erection of a suit- Dormitories 
 able dormitory or dormitories and dining hall for high-school haii.^^"*"" 
 students, and to provide for the support, maintenance and 
 management of the same. The said dormitory or dormitories 
 shall be considered part of the regular high-school equipment 
 and organization. 
 
 Sec. 13. All Acts and parts of Acts in conflicf witli this Repeal. 
 Act are hereby repealed. 
 
 ELECTION OF DISTRICT JUDGES. 
 
 An Act to amend an Act entitled '^An Act to amend an Act 
 entitled ^An Act to create Judicial Districts in the State of 
 Nevada, provide for the election of District Judges therein, 
 and to fix their residences and salary, and to repeal all other 
 Acts in relation thereto, ' approved March 27, 1907" approved 
 February 8, 1908. 
 
 statutes 1909, p. 185. 
 
 Section 1 . The State of Nevada is hereby divided into nine Judicial 
 Judicial Districts. The Counties of Storey, Douglas, Ormsby, Modeled, 
 and Lyon shall constitute the First Judicial District; the 
 County of Washoe shall constitute the Second Judicial Dis- 
 trict ; the Counties of Eureka and Lander shall constitute the 
 Third Judicial District; the Counties of Elko, Lincoln, and 
 Clark shall, except as hereinafter provided, constitute the 
 Fourth Judicial District; the County of Nye shall constitute 
 the Fifth Judicial District ; the County of Humboldt shall con- 
 stitute the Sixth Judicial District; the County of Esmeralda 
 shall constitute the Seventh Jvidicial District; the County of 
 Churchill shall constitute the Eighth Judicial District, and 
 the County of White Pine shall constitute the Ninth Judicial 
 District. For each of said districts Judges shall be elected by 
 the qualified electors thereof at the general election in the year 
 1910, and every four years thereafter, except as otherwise pro- 
 vided in this Act, as follows: For each of said districts, except 
 the Second Judicial District and the Seventh Judicial District, Two Judges 
 there shall be elected one Judge. For the Second Judicial Dis- secondhand 
 trict there shall be two Judges elected, and for the Seventh pf7tn\?t^ 
 Judicial District there shall be two Judges elected. 
 
 Sec. 2. Until the first Monday in January, one thousand To take 
 nine hundred and eleven, the Judicial Districts of this State ^ ®^ ^" 
 shall be and remain as heretofore provided by law, unless there 
 shall occur vacancies in the offices now held by the present 
 incumbents, by deaths, resignations or otherwise; provided, that Exception, 
 in case of such vacancy or vacancies the provisions of this Act 
 shall take immediate effect, and there shall })e appointed or 
 elected, as provided by law, one District Judge for the Ninth 
 Judicial District, and two District Judges for the Seventh 
 
80 
 
 ELECTION OF DISTRICT JUDGES. 
 
 Salary of 
 Judges. 
 
 How raised 
 and paid. 
 
 No salary in 
 advance. 
 
 Relating to 
 
 Second 
 
 District. 
 
 Relating to 
 
 Seventh 
 
 District. 
 
 Judicial District, to hold office until the first Monday in Janu- 
 ary, one thousand nine hundred and eleven, after which date 
 there shall he hut one District Judge in the Seventh Judicial 
 District. 
 
 Sec. 3. The salary of each Judge herein elected, or appointed 
 to fill vacancies whenever such vacancies shall occur, shall be 
 four thousand dollars per annum, except the Judge of the 
 Fourth Judicial District whose salary shall be five thousand 
 dollars per annum, and the Judge of the Fifth Judicial Dis- 
 trict whose salary shall be seven thousand dollars per annum, 
 and the Judge or Judges of the Seventh Judicial District whose 
 salary shall be seven thousand dollars per annum, and the 
 Judge of the Eighth Judicial District whose salar}^ shall be 
 three thousand dollars per annum, all of said salaries to be 
 paid in equal monthly installments out of the District Judges' 
 Salary Fund, hereby created in the State Treasury, which fund 
 shall be supplied in the manner following, to wit: 
 
 Each county in each district in the State shall contribute 
 annually to the said fund its proportionate share of the money 
 necessary to pay the Judge or Judges of its district their 
 respective salaries monthly for such year, based upon the 
 assessment roll of each county for the previous year; and it is 
 hereby made the duty of the County Commissioners of each 
 county to make such arrangements and orders as may be 
 necessary to insure the forwarding of their county's quota of 
 said District Judges' Salary Fund to the State Treasurer, at 
 such times and in such installments as will enable the State 
 Treasurer to pay each District Judge one-twelfth of his annual 
 salary on the first Monday of each and every month, and to 
 cause such money to be forwarded by the County Treasurers, 
 and if necessary in order to render certain the forwarding of 
 such money in ample time to prevent any default in said 
 monthly installments, said Board of County Commissioners 
 shall transfer and use any moneys in the county treasuries 
 except those belonging to the Public School Fund. No salary 
 of any District Judge shall be paid in advance. 
 
 Sec. 4. The Second Judicial District shall be entitled to 
 and shall have two District Judges ; they shall have concur- 
 rent and coextensive jurisdiction within said district, under 
 such rules and regulations as may be prescribed by law, and 
 they shall have power to make such rules and regulations as 
 will enable them to transact judicial business of said district 
 in a convenient and lawful manner. 
 
 Sec. 5. The Seventh Judicial District shall be entitled to 
 and shall have two District Judges to hold office until the first 
 Monday in January, one thousand nine hundred and eleven, 
 and after the said first Monday in January, one thousand nine 
 hundred and eleven, the Seventh Judicial District shall be 
 entitled to but one District Judge, and at the general election 
 of 1910, and every four years thereafter, except as otherwise 
 provided in this Act, there shall be but one District Judge 
 
TOWN AND CITY ELECTIONS. 81 
 
 elected for the Seventh Judicial District. The said District 
 Judges of the Seventh Judicial District shall have concurrent 
 and coextensive jurisdiction within said district, under such 
 rules and regulations as may be prescribed by law, and they 
 shall have power to make such rules and regulations as will 
 enable them to transact judicial business of said district in a 
 convenient and lawful manner. 
 
 Sec. 6. All Acts and parts of Acts in conflict with the pro- Repeal, 
 visions of this Act are hereby repealed. 
 
 TOWN AND CITY ELECTIONS. 
 
 An Act concerning the election of town and city officers in this 
 State, and matters properly connected therewith. 
 
 Approved March 22, 1897. 
 
 Section 1 . The Registry Agents of every voting precinct in Duties of 
 this State, containing within its limits a town or city, the Agents.^ 
 boundaries of which are described by metes and bounds, shall 
 register all voters, residents of said town or city, separately 
 from the voters who reside within the said voting precinct but 
 without the limits of said town or city, or he shall designate 
 after the name of each voter whether he is a resident within 
 or without said town or city; pi'ovided, that when there are no 
 officers to be elected exclusively for said town or city such sep- 
 arate registration shall not be required. 
 
 Sec. 2. The Registry Agents in preparing the official register Residence 
 for any voting precinct as described in section one of this Act ^J^ed!^*'^^^ 
 for the use of election officers, of the precinct and the wards 
 thereof, if any there be, shall designate after the name of each 
 voter, or in some other appropriate and intelligible manner, 
 the residence of the voter, whether within or without the lim- 
 its of the town or city, so that the election officers can readily 
 determine whether or not voters are qualified to vote for town 
 or city officers, if any such are to be elected. 
 
 Sec. 3. The County Clerk shall cause to be placed upon the Ballots to 
 official ballots to be used at any voting precinct containing contain, 
 within its limits a town or city, as described in section one of 
 this Act, the names of all candidates for office for said town or 
 city, in manner as now provided by law to be voted for exclu- 
 sively by the electors of said town or city; pt'ovided, that he Proviso, 
 shall furnish sufficient ballots without the names of candidates 
 for town or city officers, for use of the voters of the precinct 
 who reside without the limits of said town or city, and the 
 number of all ballots furnished for use in said precincts, and 
 the wards thereof, if any there be, shall be as now provided by 
 law, and shall be apportioned according to the relative number 
 of each class of voters as herein designated. 
 
82 
 
 TOWN AND CITY ELECTIONS. 
 
 Form of 
 ballot. 
 
 Applicable 
 to wards. 
 
 Sec. 4. The election officers of every voting precinct and 
 the wards thereof, if any there be, shall, in manner as now 
 provided by law, furnish the voters of said precinct or the 
 wards thereof, with ballots with or without the names of the 
 candidates for town or city officers, according as the voter is a 
 resident within or without the limits of said town or city as 
 shown by the official registry list for use of the election officers 
 of said precincts, or the wards thereof, as in this Act provided, 
 and no ballot containing names of candidates to be voted for 
 exclusively by residents of the town or city shall be given to 
 any voter who resides without the limits of said town or city. 
 
 Sec. 5. Except as herein specially provided, the manner 
 of voting and conducting the election shall be as now provided 
 by law. 
 
 Sec. 6. Whenever any officer or officers of any town or city 
 as herein mentioned are to l)e voted for exclusively by the 
 qualified voters of any ward or wards of said town or city, then 
 all the provisions of this Act concerning the registration and 
 manner of voting for town and city officers shall apply to said 
 ward or wards. 
 
 Unincorpo- 
 rated cities 
 and towns 
 may issue 
 bonds for 
 sewerage 
 systems. 
 
 Amount 
 limited. 
 
 Denomina- 
 tion. 
 
 An Act to authorize the issuance of bonds by unincorporated 
 cities and towns for the construction of sewerage systems. 
 
 statutes 1909, p. 179. 
 
 Section 1. For the purpose of constructing sewerage sys- 
 tems within their respective limits, and waste mains therefrom, 
 any unincorporated city or town within this State, which is 
 being or may hereafter be governed under the provisions of an 
 Act of the Legislature of this State entitled " An Act providing 
 for the government of towns and cities within this State," 
 approved February 26, 1881, and Acts amendatory thereof, 
 are hereby authorized to issue bonds in the amount and man- 
 ner hereinafter set forth and prescribed. 
 
 Sec. 2. Said bonds shall not in any such city or town at 
 any time exceed the sum and amount of sixty thousand dollars 
 ($60,000); they shall be of convenient denominations, rang- 
 ing from one hundred dollars ($100) to one thousand dollars 
 ($1,000) , and shall bear interest at the rate of not more than six 
 (6) per cent per annum, the interest on each bond to be payable 
 annually, beginning on the third Monday in January of the 
 second year after such bond shall have been issued, and upon 
 the same date in each succeeding year during the life of such 
 bond. The bonds shall be numbered consecutively and have 
 interest coupons attached in such manner that they can be 
 removed upon payment of the installments of interest with- 
 out injury to the bonds. The bonds shall be signed by the 
 Chairman of the Board of County Commissioners, acting as a 
 city or town board, and countersigned by the Clerk of said 
 board. The bonds shall be distinctively known as " 
 
TOWN AND CITY ELECTIONS. 83 
 
 Sewerage Bonds," the name of the city or town issuing them 
 being inserted before the word "Sewerage." 
 
 Sec. 3. Before issuing the said bonds the Board of County Special 
 Commissioners, acting as such city or town board, shall pub- leteSne! 
 lish a notice for at least three consecutive weeks in some daily 
 newspaper published in said city or town, calling for a special 
 election by the legally qualified electors of said city or town to 
 determine whether such bonds shall issue. If there be no 
 daily newspaper published in such city or town, the said 
 notice shall be posted in at least three conspicuous places 
 within the limits of such city or town, for the same length of 
 time, and if there be a weekly newspaper published in such 
 city or town, the said notice shall also be published in each 
 issue of said weekly newspaper during the period of posting. 
 The notice shall state specifically the amount of the proposed 
 bond issue, the rate of interest the bonds are to bear, the time 
 and manner of their payment, and that they are for the con- 
 struction of a sewerage system. 
 
 Sec. 4. The board shall cause a sufficient number of bal- Ballots, 
 lots to be printed which shall bear the words "Sewerage 
 Bonds — Yes" and "Sewerage Bonds — No" printed thereon in 
 parallel lines, one above the other. The voter will scratch 
 out the "Yes" if opposed to the bonds, or the "No" if in favor 
 of their issue. The election shall be conducted and the votes 
 canvassed, in all essential particulars as in other city and town 
 elections. If a majority of all the votes cast are in favor of Bonds 
 the issue of the bonds, the Board of County Commissioners, 
 acting as such city or town board, shall proceed at once to 
 issue them as rapidly as needed, in conformity with the pro- 
 visions of this Act. Said bonds shall be sold at not less than 
 their par value, and shall be redeemable, in the order of their 
 issue, not less than three years or more than fifteen (15) years 
 from the date of their issue respectively. 
 
 Sec. 5. To provide for the payment of the said bonds and Providing for 
 the interest thereon the Board of County Commissioners shall, and interest, 
 at the time of the regular tax levy for State and county pur- 
 poses, levy an additional tax upon all property, real and per- 
 sonal, within the limits of such city or town, sufficient, in their 
 judgment, to pay the interest upon such bonds annually as it 
 becomes due, and the principal at such a rate as will redeem 
 all of the bonds within fifteen (15) years from the date of 
 issue. In each case the fifteen (15) years shall begin to run 
 from the date of the particular bond to be paid. The said 
 taxes shall be assessed and collected the same as other taxes, 
 paid to the County Treasurer, and by him placed in a fund 
 
 to be known as the " Sewerage Fund" with the 
 
 name of the city or town preceding the word "Sewerage." 
 
 Sec. 6. All sewerage systems constructed under the pro- Commission- 
 visions of this Act shall be so constructed under the supervi- supervise 
 sion and control of the Board of County Commissioners, acting '"'o''^^- 
 as such city or town board. The materials may be purchased 
 
84 
 
 MISCELLANEOUS. 
 
 In case of 
 towns or 
 cities 
 
 and the work caused to be done directly by the board, or it 
 may advertise for plans and specifications, and bids for con- 
 struction as in cases of other public works. 
 
 Sec. 7. In all cases wherein such sewerage systems are con- 
 structed in unincorporated cities and towns, and such cities 
 and towns are afterwards incorporated, the control and man- 
 corpolratfng! agcmcnt of such systcms shall at once be vested in the munici- 
 pal governments of such cities and towns. If such cities or 
 towns shall be incorporatied while the work of construction is 
 in progress, the work shall, nevertheless, be carried on to com- 
 pletion by the Board of County Commissioners, and when 
 completed the system shall be turned over to the city or town 
 government as it shall have been organized. It shall then be 
 the duty of such city or town government to provide for the 
 payment of the principal and interest upon said bonds, by the 
 levy and collection of taxes as prescribed by law. It shall be 
 the duty of the County Treasurer having custody of the sewer- 
 age funds to turn such funds over to the Citj^ Treasurer imme- 
 diately upon the qualification of the City Treasurer, and the 
 bonds, principal and interest shall then be paid by the city 
 government in all respects as prescribed for their payment by 
 the Boards of County Commissioners, acting as city or town 
 boards. 
 
 MISCELLANEOUS, 
 
 Relating to 
 votes of 
 electors in 
 service of 
 the United 
 States. 
 
 Adjutant- 
 General to 
 certify to 
 Secretary of 
 State. 
 
 Certified 
 copies to be 
 transmitted 
 to command 
 ing oflacer. 
 
 An Act to provide for taking the votes of electors of the State 
 of Nevada, who may be in the military service of the United 
 States. 
 
 statutes 1899, p. 108. 
 
 Section 1 . For the purpose of taking the vote of the elect- 
 ors of this State, who may be in the service of the United States 
 Volunteers, and at the time beyond the territorial limits of the 
 State, the Adjutant-General of the State shall, in due time to 
 carry out the provisions of this Act, make and deliver to the 
 Secretary of State duly certified separate lists for each county, 
 having soldiers in the service, of the names of all qualified 
 electors under the laws of this State, at the time of their enlist- 
 ment, who may be in the military service of the United States, 
 classified and arranged in alphabetical order, showing the regi- 
 ment, battalion, squadron, battery and company, or other divi- 
 sion to which each elector belongs, also the county and precinct 
 in which he is entitled to vote. 
 
 Sec. 2. The Secretary of State shall immediately transmit 
 duly certified copies of such proper lists to the commanding 
 officer of each of said organizations of which electors may be 
 members. 
 
 Sec 3. Between the hours of eight o'clock a. m. and six 
 o'clock p. m. on the day of election, a ballot box, or other suit- 
 
MISCELLANEOUS. . 85 
 
 able receptacle, shall be opened under the immediate charge Election to 
 and supervision of the three officers highest in command, for supervfs^ion 
 the reception of votes from the electors whose names are upon offSe^s^ 
 said lists, at each place where a regiment, battalion, squadron, highest in 
 battery, company or other division of soldiers from this State ^°™™*" 
 in the military service of the United States may be on that day, 
 at which time and place said electors shall be entitled to vote 
 for all officers, for which, by reason of their residence in the 
 several counties of this State, they are entitled to vote, as fully 
 as they would be entitled to vote if present in the respective 
 counties and precincts of their residence; and the votes so 
 given by such electors, at such time and place, shall be con- 
 sidered taken, held, canvassed and counted by the respective 
 Canvassing Boards of Election in this State as if they had been 
 given by them in the respective counties and precincts in and 
 of which they were qualified electors at the time of their 
 enlistment. 
 
 Sec. 4. The ballot to be cast by such electors shall be the Ballots to be 
 official ballot provided by law. The name of each elector vot- o**^^^*^- 
 ing as aforesaid shall be checked at the time of voting by one 
 of said officers in charge of the ballot box, upon said list. The Board of 
 said officers having charge of said election shall proceed to counYthe * 
 count the votes and compare the numbers with the checked votes, 
 lists immediately after the close of the polls, and on complet- 
 ing the count the said officers shall make and sign a return or 
 certificate of the result, in substance as follows, to wit: 
 
 Return of soldiers' vote in the (here insert the regiment or Form of 
 other command as the case may be) . We, the undersigned certificate, 
 (here insert rank and command) , do hereby certify that on 
 
 the day of , the electors belonging 
 
 to our said command cast the following number of votes for 
 the several persons and officers herein named, to wit: 
 
 For Governor (here name each person voted for for Governor, 
 to the number of votes each received, written in full, also in 
 figures, against and following the name of each person). For 
 Lieutenant-Governor (here insert names of all voted for, num- 
 ber of votes for each, written in full, also in figures, against 
 and following the name of such person), and so continue until 
 the list is completed. 
 
 Witness our hands this day of 
 
 A. B. (with rank and command). 
 C. D. (same). 
 E.F. (same). 
 
 Sec. 5. All the ballots cast, together with the said voting ah ballots 
 lists, checked as aforesaid, and said return, shall be immedi- ^gsealeVand 
 ately sealed up and sent forthwith by the commanding officer transmitted 
 to the Secretary of State at the seat of the government, on o*f itatl.*^'^^ 
 receipt of which the Secretary of State shall, in the presence of 
 the Chief Justice of the Supreme Court, open said returns and opened in 
 immediately certify to the Board of County Commissioners of chief justice, 
 the proper county the soldier vote of such county for the vari- 
 
86 MISCELLANEOUS. 
 
 County Com- ous officers as returned to him, and such Board of County 
 canvaS^^*^ Commissioners shall canvass and count such vote, as soon as 
 practicable after receiving the same. 
 
 Sec 6. For State and district officers the said returns shall 
 
 dSrict"^ be canvassed by the State Board of Canvassers. 
 
 officers. Sec. 7. The Secretary of State is hereby required to fur- 
 
 Secretary of nish, prepare and have printed the necessary ballots, and if he 
 
 fu?nfsh° is not in possession of the names of the candidates for county 
 
 °|J^es|^ry and township officers, said names may be omitted from the 
 
 ballot. He shall also furnish each commanding officer the 
 
 necessary check and poll lists, together with the proper and 
 
 sufficient blanks for said returns, and all necessary instructions 
 
 for the taking of the votes in their respective commands. 
 
 Sec. 8. All Acts and parts of Acts so far as conflicting 
 herewith are hereby repealed. 
 
 An Act in relation to County Assessors, and to repeal sections 
 
 one and two of " J.w Act in relation to County Assessors, 
 
 their terms of office and compensation" which became a law 
 
 March 14, 1883. 
 
 Approved March 14, 1899. 
 
 Section 1. The County Assessors elected in the several 
 Assessors to countics in this State after the passage of this Act, shall hold 
 ?ortwoyears o^ce for the term of two years. 
 
 Sec 2. The provisions of this Act shall not affect the 
 Incumbents duration of the term of any County Assessor now in office. 
 
 Sec 3. Sections numbered one and two of that certain Act 
 Repealed. entitled "An Act in relation to County Assessors, their terms 
 of office and compensation" which became a law March 14, 
 1883, are hereby repealed. 
 
 An Act to secure the election of United States Senator in 
 accordance with the will of the people and the choice of the 
 electors of the State, and to obtain an expression of such 
 choice, and to prevent fraud and official dereliction of duty 
 in connection with such election. 
 
 statutes 1899, p. 86. 
 
 Section 1 . At the general election next preceding the expira- 
 candidates tion of the time for which any United States Senator was 
 states^^^*^ elected or appointed to represent the State of Nevada in Con- 
 Senator may gress. Candidates for the choice of the electors of this State for 
 nated™^ United States Senator may be nominated in the same manner 
 as provided by law for the nomination of State officers, and 
 they may be nominated either by certificate of nomination, by 
 a party convention, or under the provisions of any direct pri- 
 mary law which may now or hereafter be enacted, or by cer- 
 tificate of nomination signed by electors equal to ten per cent 
 
MISCELLANEOUS. 87 
 
 of the entire vote cast at the preceding election. .4s amended, 
 Stats. 1909, p. 158. 
 
 Sec. 2. Such certificates of nomination shall be filed with Certificate of 
 the Secretary of State, who shall certify the names of all can- to be filed 
 didates as shown therein to the various County Clerks as now secret*a% 
 required by law in case of candidates for State offices, and the of state, 
 several County Clerks in preparing the ballots to be voted at Baiiot, how 
 any such general election shall place thereon the names of all pj'epared. 
 such candidates under the words "Choice for U. S. Senator, 
 vote for one" and there shall be a margin at the right-hand 
 side of these names at least one-half inch wide, where the 
 voter may indicate his choice of said candidates by making a 
 cross or X. 
 
 Sec. 3. The names of all candidates so nominated shall be Names of an 
 submitted to the electors of the State for them to express their "a^fiaSs 
 choice at every such general election, and the vote upon such *o,^^. . , 
 choice shall be taken, returned, canvassed and certified by the general 
 same authority and in the same way as the vote for State election, 
 officers is taken, canvassed, returned and certified, and in man- canvassed, 
 ner and form complying with the requirements and provisions 
 of an Act relating to elections and to more fully secure the 
 secrecy of the ballot, approved March 13, 1891, and of the 
 various Acts amendatory thereof and supplementary thereto, 
 and the Secretary of State shall, within five days after the secretary of 
 convening of the next session of the Legislature following any fr^ansmit to 
 such election, transmit to each branch thereof the result of the Legislature, 
 official canvass of the vote upon said choice and candidates. 
 
 Sec. 4. The provisions of this Act shall not apply to the Not to apply 
 filling of any vacancy in the office of United States Senator a°ter sfxty^^ 
 which may occur by death, resignation or removal between days prior to 
 the date sixty days prior to any general election and the 
 adjournment of the next session of the Legislature. 
 
 Sec. 5. No person shall, either in aid of his own candidacy no reward to 
 or election, or in aid of the candidacy or election of any other of candidate 
 person for the choice of the electors for United States Senator, 
 give, pay, expend or promise any money or reward to any one 
 whomsoever. 
 
 An Act reapportioning Senators and Assemblymen of the sev- 
 eral counties to the Legislature of the State of Nevada. 
 
 statutes 1909, p. 307. 
 
 Section 1. The apportionment of Senators and Assembly- Reappor- 
 men in the several counties of this State shall be as follows : senSto?s and 
 Churchill County, one Senator and two Assemblymen; Assembiy- 
 
 Clark County, one Senator and two Assemblymen; 
 Douglas County, one Senator and two Assemblymen; 
 Elko County, two Senators and four Assemblymen ; 
 Esmeralda County, two Senators and seven Assemblymen; 
 Eureka County, one Senator and two Assemblymen ; 
 
88 
 
 MISCELLANEOUS. 
 
 Humboldt County, two Senator and five Assemblymen; 
 Lander County, one Senator and two Assemblymen ; 
 Lincoln County, one Senator and two Assemblymen; 
 Lyon County, one Senator and three Assemblymen; 
 Nye County, two Senators and seven Assemblymen; 
 Ormsby County, one Senator and three Assemblymen ; 
 Storey County, one Senator and four Assemblymen; 
 Washoe County, two Senators and seven Assemblymen ; 
 White Pine County, two Senators and three Assemblymen. 
 Sec. 2. Nothing in this Act shall be so construed as to 
 Not to affect affect the term of office of Senators and Assemblymen now 
 
 present term. • rv- 
 
 m oince. 
 
 Sec. 3. All Acts and parts of Acts in conflict with this Act 
 Repeal. are hereby repealed. 
 
 [Note. — The foregoing bill provides for a Legislature of seventy-six 
 members, while the Constitution (Article XV, Section 6) limits the 
 number to seventy-five.] 
 
 Relating to 
 
 road 
 
 districts. 
 
 Road 
 
 Supervisor 
 to be elected, 
 
 Compen- 
 sation, how 
 fixed. 
 
 Duty of 
 County Com- 
 missioners. 
 
 An Act providing for the election of Boad Supervisors, for the 
 subdivision of counties into road districts, and matters prop- 
 erly relating thereto. 
 
 Approved March 19, 1901. 
 
 Section 1. The County Commissioners of each county poll- 
 ing at the last general election eighteen hundred votes or over 
 shall, for the purpose of supervision of roads, divide the county 
 into road districts, each appropriately designated. 
 
 Sec. 2. At every election of county officers there shall also 
 be elected one Road Supervisor in each road district, whose 
 duty it shall be to supervise all work upon the roads in his 
 district, and to attest to the propriety of all bills for such work, 
 and to direct the expenditure of all sums set apart for his dis- 
 trict by the County Commissioners. 
 
 Sec. 3. The compensation of Road Supervisors shall be 
 fixed by the County Commissioners. 
 
 Sec. 4. On or before the fifteenth day of April, nineteen 
 hundred and one, the County Commissioners shall appoint one 
 Road Supervisor for each road district to serve and hold office 
 until their successors have been elected and installed. 
 
 When 
 contest 
 must be 
 commenced 
 for State 
 officers. 
 
 An Act limiting the time in which proceedings for contesting 
 the election of any officer may he begun. 
 
 Approved March 25, 1903. 
 
 Section 1 . Proceedings to contest the election of any State 
 officer must be begun within sixty days after the evidence 
 becomes available upon which the contest is based. 
 
 Sec. 2. Proceedings to contest the election of any county 
 officer, or any officer other than a State officer, must be begun 
 
REFERENDUM. 89 
 
 within forty days after the evidence becomes available upon For county 
 which such contest is based. officers. 
 
 Sec. 3. Delays arising from any cause tending to prevent when time 
 the obtaining of evidence upon which a contest is brought shall mn!°^ ^^ 
 not cause such contest to fail, but the time provided in this 
 Act shall begin to run only from the day when such evidence 
 may be freely available to the person contesting the election 
 of another, and from and after the passage of this Act. 
 
 Sec. 4. Demands for recounts must be made within sixty when 
 days from the day of election, or after the passage of this Act recount must 
 if the recount is to be had of votes cast at the last general elec- ^® made, 
 tion preceding the passage of this Act. 
 
 Sec. 5. This Act shall take effect from and after its passage. Date of 
 
 ^ ® efTect. 
 
 REFERENDUM. 
 
 An Act to provide for submitting certain Acts of the Legisla- 
 ture for approval by the qualified electors of the State of 
 Nevada in accordance with the referendum provisions of the 
 Constitution. 
 
 Approved March 24, 1909, p. 249. 
 
 Section 1 . Whenever ten per centum or more of the voters Relating to 
 of this State, as shown by the number of votes cast at the last provfsTon^f 
 preceding general election for Justice of the Supreme Court, constitution, 
 shall express their wish that any law or resolution made by the 
 Legislature be submitted to the vote of the people, they shall 
 file with the Secretary of State, not less than four months 
 before the time set for such general election, a petition, which petition, 
 petition shall contain the names and residences of at least ten 
 per centum of the voters of this State, demanding that a refer- 
 endum vote be had by the people of the State at the next gen- 
 eral election upon the bill or resolution on which the referendum 
 is demanded. 
 
 Sec. 2. The names of the electors so petitioning need not More than 
 all be upon one petition, but may be contained in one or more °"®p^*'*'°°- 
 petitions ; but each petition must be verified hy at least one of 
 the voters who has signed such petition, and such voter mak- 
 ing such verification must swear that the persons signing said verification, 
 petition are qualified voters of this State. Said petition may 
 be verified upon information and belief. 
 
 Sec. 3. That upon receipt of said petition by the Secretary secretary of 
 of State he shall file the same, and at the next general election cert*i1y° 
 shall submit the question of the approval or disapproval of ?^^c"°°®t^° 
 said law or resolution to the people of the State to be voted cierks. 
 upon at the next ensuing election wherein any State or Con- 
 gressional officer is to be voted for, or wherein any question 
 may be voted upon by the electors of the entire State. And 
 the Secretary of State shall certify the said law to the several 
 
90 REFERENDUM. 
 
 Clerks to County Clei'ks in this State, and they shall publish the same 
 pu ishsame. -^.^ accordance with the provisions of law requiring the said 
 County Clerks to publish questions and constitutional amend- 
 ments which are to be submitted for popular vote. 
 
 Sec. 4. That the title of the Act shall be set out on the 
 
 Questions, ballot, and the question printed upon the ballot for the 
 
 on ballots, information of the voter shall be as follows: Shall the Act 
 
 (setting out the title thereof) be approved? And the votes 
 
 cast upon such questions shall be counted and canvassed as 
 
 are the votes for State officers counted and canvassed. 
 
 Sec. 5. WTien a majority of the electors voting at a State 
 Operation of election shall by their vote signify approval of a law or reso- 
 referendum. lutiou, such law or resolutiou shall stand as the law of the 
 State, and shall not be overruled, annulled, set aside, sus- 
 pended or in any way made inoperative, except by a direct 
 vote of the people. When a majority shall so signify dis- 
 approval, the law or resolution so disapproved shall be void 
 and of no effect. 
 
INDEX TO ELECTION LAWS 
 
 A 
 
 Affidavit of candidates 20 
 
 Appointment of Registry Agents 6 
 
 Appointment of Judges and Inspectors 67 
 
 Assemblymen, apportionment of 87 
 
 Assessors, term of oflSce 86 
 
 Australian Ballot Law 56 
 
 B 
 
 Ballots 22 to 27, 29, 37, 38, 39, 55, 56, 59, 60, 65, 68, 69, 75. 76, 81, 82, 90 
 
 Ballots, sample 26,27,63 
 
 Ballot boxes : 37, 38, 40, 41, 55, 56 
 
 Betting on election prohibited *39 
 
 Bonds, school 70, 73 
 
 Bonds, sewerage 82 
 
 c 
 
 Canvass of votes 30, 40, 41, 42, 43 
 
 Certificate of election 41, 67 
 
 Certificate of nomination 31 
 
 Central Committee, State 32, 33 
 
 Central Committee, County 31, 32 
 
 Challenge of electors 10, 11, 29, 40, 69 
 
 City elections 81 
 
 City Clerks 18, 19, 27 
 
 City officers 27 
 
 Clerks of Election, duties of 38, 39, 40, 61, 62, 65 
 
 Clerk of Supreme Court, duty of 48, 49 
 
 Contests „ 33,44 to 48, 88 
 
 Conventions (superseded by Primary Election Law) 57, 58, 59 
 
 County Clerks 15, 19, 27, 30, 35, 44, 45, 46, 47, 58, 59, 60, 61, 65, 89, 90 
 
 County Commissioners 15, 30, 34, 35, 39, 42, 43, 44, 61 
 
 County Committees 25, 31 
 
 Counting of ballots 63 
 
 Constitutional amendments 62 
 
 County and township officers 21 
 
 D 
 
 District Attorneys, duties of 46, 49 
 
 Damages 47 
 
 District Judges, districts remodeled 79 
 
 Despositions in contests 47 
 
92 GENERAL INDEX. 
 
 E 
 
 Elections 16, 34, 66, 70. 73, 75, 79, 81 
 
 Bonds ; 70, 71, 73 
 
 City 81 
 
 District Judge 79 
 
 General 34 to 55 
 
 High school 75, 76 
 
 Notice of 35,36 
 
 Officers of 36 
 
 Primary 16 
 
 School Trustees 66 
 
 School bonds 70, 71, 73 
 
 School text-books 73, 74 
 
 Sewerage bonds 82, 83 
 
 Town elections 81 
 
 When held 34 
 
 Errors and omissions, how corrected 33 
 
 F 
 
 Fees for filing nominations 21 
 
 Fees of Registry Agent 29 
 
 Fees in contests 46 
 
 Forging returns 53 
 
 Fraudulent voting 14, 52 
 
 Free text-books 73, 74 
 
 G 
 
 General elections 34 to 55 
 
 H 
 
 High-school elections 75, 76 
 
 Hours of opening and closing polls 28, 37, 55 
 
 I 
 
 Impeachment 50,51 
 
 Independent nominations 21 
 
 Instructions to voters 63 
 
 Inspectors of Election 35, 36, 38, 41, 55, 65, 67 
 
 Irregularity of returns 45 
 
 J 
 
 Judges, District 79 
 
 Judges of Election 30, 67 
 
 Justice of the Peace, powers of 47 
 
 L 
 
 Legal residence 5 
 
 Legality of ballot 39 
 
 Legal voter 16 
 
 List of voters 68 
 
 Liquor prohibited 54 
 
 M 
 
 Malfeasance 43, 48 
 
 Manner of voting 29,37, 39,61, 62, 68 
 
 Messengers 43, 44 
 
GENERAL INDEX. ->^>>^ '^' ^ ^^ ^' ' 33 
 
 N 
 
 Names of candidates published 28 
 
 New election 42 
 
 New school district 66 
 
 Nominations, how made '. 17, 57 
 
 Nominations published 22, 23, 28, 58 
 
 Notice of nominations 17, 21, 23 
 
 Notice of elections 35, 36 
 
 Number of votes necessary for precinct 35 
 
 
 
 Oath of elector 19 
 
 Oath of Inspector 36 
 
 Oath of Clerks 36 
 
 Officers of election, duties 28, 38 
 
 Opening and closing of polls 28, 30, 37, 55, 66 
 
 P 
 
 Penalty for violating election law 51, 52 
 
 Perjury 14 
 
 Platform 32 
 
 Polls open 28, 30, 37, 55, 66 
 
 Polling places, number of votes required 56 
 
 Precincts established ,34 
 
 Primary ballot, form of 26 
 
 Primary elections 16 to 34 
 
 Promoters of candidates punished 53 
 
 ft 
 
 Qualifications for voting 67 
 
 R 
 
 Reapportionment of Legislature 87 
 
 Recount 42 
 
 Referendum 89,90 
 
 Registration 6 to 14, 28, 68 
 
 Registry Agents 6 to 14,29, 68 
 
 Residence defined 5 
 
 Returns 41,43,55,56,70 
 
 Rejection of ballots 63, 65 
 
 Rewards 54 
 
 Road Supervisor 88 
 
 s 
 
 Sample ballots 27,63 
 
 Sale or gift of liquor prohibited on election days 54 
 
 Secretary of State, duties of 17, 22, 23, 31, 34, 47, 54, 89 
 
 Secrecy of the ballot 52 
 
 Senator, United States 20,31,86 
 
 Senators, apportionment of 87 
 
 Schools, High ._ 75,76 
 
 School books 73,74 
 
 School bonds , 70,71,73 
 
 School Trustees 66 
 
 Sewerage bonds 82,83 
 
94 GENERAL INDEX. 
 
 Sheriff, duties of 35,39,47 
 
 Soldiers' vote, how taken 84, 85, 86 
 
 State Central Committee 32,33 
 
 T 
 
 Text-books 73 
 
 Tie vote 33,42 
 
 Town elections _ 81 
 
 u 
 
 United States Senator 20, 31, 86 
 
 V 
 
 Voters 5, 8, 9, 10, 11, 12, 13, 14, 61, 62, 63 
 
 Vote canvassed... 40 
 
VOTERS, TAKE NOTICE! 
 
 Before election day read the law* 
 
 Secure a sample ballot before goin§f to the polls. 
 
 Decide for whom you will vote before going into the booth* 
 
 Obtain your ballot from one of the Clerks of Election* 
 
 You will be allowed only ten minutes in which to prepare 
 your ballot* 
 
 Stamp the cross X after the name for which you vote* 
 
 The cross must be made only with the stamp in black ink* 
 
 Any writing or other marking will invalidate your ballot* 
 
 Fold your ballot before leaving the booth* 
 
 See that the water-mark and number are on the outside* 
 
 Deliver your ballot, folded, with the stamp, ink and ink-pad 
 to the Inspector, and give your name* 
 
 Only one voter can occupy a booth at one time* 
 
 A voter physically disabled may have the assistance of 
 another elector in preparing his ballot* 
 
 Inability to read or write will not be considered a physical 
 disability* 
 
 Drunkenness is not physical disability. 
 
 NOTE— The above are respectfully sugg^ested as some of the instrwc- 
 tions to be printed in the card of instructions to voters. Sections 27, 28, 
 29 and 30 of the Australian Ballot Law should be printed on each card.