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GIFT OF
GIFT ^OV 6 1914
The following Constitutional Amendment, Laws and Measures are submitted to the electors of this state at the next general elec- tion, to be held on the 4th day of November, 191 2 :
CONSTITUTIONAL AMENDMENT
One
That Section 2 of Article XI of the Constitution of the State of South Dakota be amended so as to read as follows:
§ 2. All taxes shall be uniform on all property and shall be levied and collected for public purposes only. The value of each subject of taxation shall be so fixed in money that every person and corporation shall pay a tax in proportion to the value of his, her or its property. Franchises and licenses to do business in the state, gross earnings and net income, shall be considered in taxing corporations and the power to tax corporate laoi-erty shall not, be surrendered or suspended by any contract or grant to which the state shall be a party. The legis- lature shall provide by general law for the assessing and levying of taxes on all corporate property, as near as may be by the same methods as are provided for assessing and levying of taxes on individual prop- erty.
Measures and Laws submitted to the elector!^ of tlii^^ Sfato, to l)e voted upon at the next general election.
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AN ACT Entitled, "An Act to Provide for Regulation of Political Party Transactions; for the Purpose of Determining Organic Provi- sions and Definitions of Terms, Party Enrollment, Party Organ- ization, Independent and Representative Proposals of Candidates for Party Nomination, to Elective Offices, Official Primary Ballot, Conduct of Primary Elections, Official Party Endorsement of U. S. Senators and Appointive. Government Positions Other than Postmasters, Postmaster Primary, Party Recall, Official State Pub- licity Pamphlet, Violations, Penalties and Contests.
Whereas, Under the Provisions of Section 1 of Article 3, of' the Constitution of the State of South Dakota, and Article 3 of Chapter 2, of the Political Code of the State of South Dakota, a Petition Has Been Filed in the Office of the Secretary of State, Signed by More than Five Per Centum of the Qualified Electors of the State in the Manner and Form Therein Directed, Petition- ing that the Following Proposed Law be Enacted, and Submitted to a Vote of the Electors of the State at the Next General Elec- tion, to be Held in the Year 1912, Certified Copies of Said Peti- tion Having Been Transmitted to the Senate and House of Rep- resentatives by the Secretary of State.
15c it Enacted by the Legislature of the State of South Dakota:
§ 1. That the following Act be and the same is hereby enacted and submitted to the electors of this state at the next general election, for their approval:
AN ACT, to provide for regulation of political party transactions: for the purpose of determining organic provisions and definition of terms, party enrollment, party organization, independent and represen- tative proposals of candidates for party nomination, to elective offices, official primary ballot, conduct of primary elections, official party en- dorsement of U. S. Senators and appointive government positions other than postmasters, postmaster primary, party recall, official state pub- licity pamphlet, violations, penalties and contests.
Be it Enacted by the People of the State of South Dakota:
The following words and phrases used in this Act shall, unless the same be inconsistent with the context, be construed as follows:
Article 1. — Organic Provisions and Definitions of Terms
§ 0. The words "unit representation" shall mean that any com- mitteeman representing the party electors of his precinct, county or state, at the regular party organization meetings or at minority or ma- jority proposal committee meetings, shall have the right to cast the full number of votes as shown by the last official primary returns to have been voted in his precinct, county, or state as a total party vote; or separate district, circuit, county, -or state,, vote in favor of the minority
or the majority committee proposals with which such minority or ma- jority committeeman may he affiliated.
§ 1. The word "party" shall mean any political organization which has heretofore maintained a state organization and has had candidates for state offices on the official ballot at general election, or which, at any general election, shall hereafter poll at least ten per cent of the total vote cast for governor, for an independent candidate.
§ 2. The word "enrollment" shall mean the official registration of electors as party members.
§ 3. The word "elector" shall mean an enrolled party elector.
§ 4. The word "primary" shall mean the March primary party election provided for by this act to determine party nominations of candidates and party principles.
§ 5. The words "official party endorsement" shall mean the act of determining the party recommendation of candidate for United States senator by a direct primary vote, and for appointive offices by postmaster primary, or by the regular party central committee, or the state and county party chairman and party national committeeman, as hereinafter provided.
§ 6. The words "November election" shall mean the general election held in November.
§ 7. The word "precinct" shall mean a district established un- der the law within which qualified electors vote in one polling place.
§ 8. The words "postmaster primary" shall mean a municipal party primary election for the endorsement of a party candidate for postmaster.
§ 9. Public places for posting notices shall include the outer door of polling places, the postoffice lobby, if any, and the front outside door of any public building or any other place where notices are usually posted.
§ 10. The words "party platform" shall mean the declaration of principles and propositions which have received the highest number of party votes for governor at the primary.
§ 11. The principles proposed by any independent candidate or committee proposal candidate, as printed in the state publicity pam- phlet, receiving the highest number of votes for governor at the pri- mary shall immediately become the regular party platform at the fol- lowing general election.
Provided, further, if there shall be any principles in such nominat- ing party platform pertaining to national affairs, delegates and alter- nates to party national conventions shall become bound and instructed to work and vote for such principles in the national convention.
§ 12. The words "party central committee" shall mean an elect- ed body of enrolled party members constituting the regular party or- ganization; one party county central committeeman from each precinct within each county to constitute the party county central committee: and one party state committeeman from each county to constitute the party state central committee.
§ 13. The words "majority proposal committee" shall mean an elected representative body of party electors of one party consisting of one member from each county to constitute the state majority proposal committee and one member from each precinct to constitute the county majority proposal committee, authorized to promulgate principles and propose group candidates and representing the principles of the party candidate nominated for governor at the last primary.
§ 14. The words "minority proposal committee" shall mean an elected representative body of party electors of one party consisting of one member from each county to constitute the state minority pro- posal committee and one member from each precinct to constitute the county minority proposal committee authorized to promulgate prin- ciples and propose group candidates and representing the principles of the party candidate receiving next to the highest vote for the nomi- nation of governor at the last primary held under the provisions of this Act.
§ 15. The committeemen composing the county majority or minority proposal committees may meet in the court room at the coun- ty court house on the last Friday in December in each odd numbered year, and each committee may retire to self-appointed separate rooms in the court house to propose principles and indorse candidates for state and congressional offices for the purpose of instructions to the state proposal committeeman of the minority or majority, who shall represent the county, at the state proposal committee meeting at the state capitol, on the first Monday in January following; but when the state majority and minority proposal committee principles shall have been decided upon by a majority of the representative vote of the resijective state coramittee members present, as a proposal for a party state platform to be nominated at the primary then all circuit, county or district committee proposals of principles must be in conformity with either the majority or minority state committee proposal prin- ciples, summary of principles or motto, to entitle the circuit, county or district proposal committee candidates to the use of either the ma- jority or minority column as hereinafter designated, upon the official primary ballot. The county auditor shall cause no candidate's name for county, circuit or district offices to be printed upon official primary ballot under committee proposals in either the minority or majority col- umn unless the principles and motto filed conform to the principles adopted by the state majority or minority committee proposal, except that a motto of county platform principles, not to exceed eight words, and not to conflict with the state platform principles of the minority or the majority under which proposed, may be added, immediately un- der the state summary of principles, and designated, as the county motto in the column of the minority or majority on the official primary ballot.
§ IG. The word "independent" shall mean any individual can- didacy in the independent column.
§ 17. The word "declaration" shall mean a statement signed by the party candidate and attached to his filing papers before his name shall appear on the official primary ballot.
§ 18. The words "summary of principles or motto" shall mean a condensed statement of principles and propositions expressed in not to exceed sixteen words for state summary of principles and eight words for county motto for use as a heading for candidates proposed by the majority and minority committee on the official primary ballot.
§ 19. The words "political record book" shall mean a public re- cord kept by the secretary of state, in which record shall be entered the independent and group proposals of principles and names of all party candidates in the order filed.
§ 20. The word "clerk" shall mean the clerk, secretary or aud- itor keeping the records of any village, toWn, city or township.
§ 21. The words "party recall" shall mean the right and official act of the regular party organization, for the causes and under the
restrictions herein provided, to request the resignation o£ any public oflaclal who has been elected or appointed, to office as a party candi- date; except judges of the supreme and circuit courts.
§ 22. The words "publicity pamphlet" shall mean the official state publicity pamphlet compiled by the secretary of state from the political record book and filings made by party candidates in his office.
§ 23. The words "official primary ballot" shall mean the official party ballot, printed by the auditor of each county for each party and used at the party primaries on the fourth Tuesday in March in the even numbered years in the order and form designated in section 72 of this act; but no candidate's name shall appear upon the official pri- mary ballot more than once in the same primary except the names of candidates for judges of the supreme and circuit court, who may be endorsed by the minority and majority proposal committee and whose names may appear in each of the three candidate columns hereinafter designated upon the official primary ballot.
§ 24. Hereafter all party candidates for all of the elective con- gressional, state, county, legislative and district offices, and for the office of United States senator and presidential electors, and all party delegates and alternate delegates to the national conventions and all precinct, county, state and national committeemen, party state chair- men and majority and minority proposal committeemen shall be nom- inated, and party representatives elected, at the primary held in ac- cordance with the provisions of this Act. All other proposals of such candidates shall be by petition in the manner now provided by law.
§ 25. The Act shall not apply to municipal, town, township and school district offices, but may be adopted by either by a majority vote upon such proposition at any election held therein.
Article 2. — Party Enrollment
§ 26. Enrollment] No elector in the state of South Dakota shall be permitted to vote at any party primary unless he is duly en- rolled, as herein required.
§ 27. Duty of County Auditor — Enrollment Book] The county auditor of each county shall, on or before the first day of January of each odd numbered year, provide suitable enrollment books, one for each voting precinct in his county, so arranged, printed and bound that there shall be ten columns across two pages; the first column for the enrollment numbers of the electors; the second for the surnames of the electors; the third for the Christian names of electors; the fourth, the place of residence; fifth, the occupation; sixth, the post- office address; seventh, the name of the political party affiliating with; eighth, for the record of transfer or removal from one precinct to another; ninth, date of enrollment; tenth, column for the signature of each enrolled elector; and of the electors who reside in the city or in- corporated village, the residence of each shall be given by number of the dwelling, if any, or the name of the street, and if not, a descrip- tion of the locality of the same, and of the electors of each township, the quarter section upon which the elector resides shall be given; and the said county auditor shall deliver said books on or before the first day of January of each odd numbered year to the clerk of each village, town, city or township of his county in person or by registered mail
§ 28. Duties of Clerk — Enrollment] It shall be the duty o^ the clerk of any. village, town or township from and after January trat and up to and including October 31st of each odd numbered year to enroll in the enrollment book furnished by the county auditor, an'
elector ot his village, town, city or township then qualified to vote, or any person who shall arrive at the age of majority on or before the day of holding any primary, by entering In the enrollment hook of the proper precinct, the information and facts required by section 27 of this Act to be given by each elector, and to require such elector to sign the said entry in the column provided for signature and to return said enrollment book or books so made to the county auditor on the first day of November of each odd numbered year in person or by registered mail.
§ 29. Duties of Auditor — Enrollment] It shall be the duty of the county auditor from and after November first, preceding January first of each even numbered year, to enroll any elector applying for en- rollment and to make the same record as provided for in Section 27 of this Act and to require the signature of such elector in the proper pre- cinct enrollment book.
§ 30. Enrollment List — How Prepared for Primary] It shall be the duty of the county auditor from and after January first of each even numbered year to prepare two certified and sealed enrollment list copies of each precinct enrollment book for each party separately, for each precinct, arranged alphabetically and consecutively numbered, and deliver the same through the auditor to the respective election of- ficers of any primary with the other primary election supplies.
§ 31. Enrollment and Certificate — After Moving] The county auditor shall, from and after January first and before any primary is held, in each even numbered year, on the verified application of any enrolled party elector of his county or of any county of this state, as shown by sealed certificate to that effect of any county auditor of this state, showing a change of residence of such elector, note such change on the enrollment book as to the precinct in this county such applicant removed from, and enter his enrollment in the enrollment book of the precinct moved to, provided such application is made on or before the eleventh day preceding any primary to be held; and, provided further, that the auditor certify said qualification and change of residence and number of the enrolled elector on the enrollment book, if the en- rollment list has been transmitted to the primary election officer, and deliver said certificate to said applicant and such certificate shall entitle the identical person therein named to vote at said primary for the party candidates of his party in the precinct of his acquired residence, otherwise qualified to vote.
§ 32. Enrollment of Persons Arriving at Majority Before Pri- mary] Any person arriving at the age of majority on or before the day of the holding of any primary shall be entitled to vote as a party member by enrolling in the same manner as any other qualified voter.
§ 33. Special Enrollment — If Absent or Sick] Any elector de- siring to vote at any primary who is unable on account of sickness or absence to enroll as a party member in person, may do so within the time fixed for enrollment by making an affidavit setting forth the facts and information required for enrollment and filing the said affidavit with the clerk or auditor then having the custody of the enrollment book of the elector's precinct, whose duty it shall then be to enter said elector's name on the record and note . in the place for signature, "affidavit filed."
§ 34. Expenses of Enrollment — How Paid — Paper — Where Filed] The county shall pay all expenses of enrollment of elector* and ar affidavits of enrollment filed with any clerk shall be delivered to and filed by the county auditor with the enrollment book or booki, and all certificates of enrollment accepted at the primary shall be re- turned with the primary returns and filed by the county auditor.
Article 3. — Party Organization
§ 35. County Committeemen — How Elected] The party elec- tors of each precinct may, at each primary, by ballot, elect one party elector as party county central committeeman who shall represent all the party electors of his party in such precinct in the regular party county organization, and shall continue to act until his' successor is elected; and the party county central commtteemen so elected shall constitute 'the party county central committee. The precinct party electors affiliated with the majority of the party may also elect one party elector for county majority proposal committeeman who shall represent the majority of that party from that precinct at county ma- jority proposal committee meetings for the purpose of proposing ma- jority group principles and candidates for the following primary. The precinct party electors affiliated with the minority of the party may also elect one party elector for county minority proposal committeeman who shall represent the minority of that party from that precinct at county minority proposal committee meetings for the purpose of pro- posing minority group principles and candidates for the following pri- mary.
§ 36. County Committeemen — Ballot — How Provided] The county auditor shall furnish for each precinct and deliver with the other election supplies, a sufficient number of blank party organization precinct ballots for each party separately, for the election of a party county central committeeman and a county majority and minority proposal committeeman for said precinct and in the following form:
PARTY ORGANIZATION PRECINCT BALLOT
To vote your choice for party county central committeeman, write in the name of one resident party elector on the blank line provided below.
Vote for only one county proposal committeeman by writing in the name of one resident party elector of your choice for either the minority or the majority. Leave one of the two last lines blank. ...-,. Precinct
(Write in name of precinct) For Party County Central Committeeman,
(Write in name of your choice) For County Minority Proposal Committeeman.
(Write in name of your choice) For County Majority Proposal Committeeman.
(Write in name of your choice)
§ 37. County Committeeman Primary — How Conducted] The Judges in charge of the precinct primary shall officially stamp or write on the "party organization precinct ballot," the precinct, and deliver one to each elector belonging to said political party, at the time of handing him the regular official party primary ballot, and said elector receiving said ballot shall vote it by writing the name of one of his party electors in the place designated for party county central com- mitteeman, and by v/riting the name of another of his party electors In one of the places designated for county majority or minority pro- posal committeeman, according to his choice, and after so voting, the judges shall receive, and place same in the ballot box and count and canvass all such votes cast. The candidates receiving the highest num- ber of votes cast by his party in the precinct for party county central
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committeeman, county majority or minority pit>i»osal committeeman, shall be elected and the judges and clerks of said primary shall make returns, on the party primary poll book, of the election of said commit- teeman.
Any party elector may propose the name of any resident party elector as candidate for party county central committeeman or county minority or majority proposal committeemen by filing such name or names in writing, with the superintendent of election who shall make a list of the same, which shall be posted in a convenient place for the information of the voters. No provision for writing or printing the name of candidates for such county committeemen shall be made on the regular official primary ballot.
§ 38. County Central Committees — How Formed] The party elector chosen as party county central committeeman shall represent all the party electors of his precinct and the respective county central committeemen within one county shall constitute the party county central committee in the regular party organization, and shall continue to act until his successor is elected, and shall vote by unit representa- tion at all meetings.
§ 39. Party County Chairman — How Elected] The chairman of the party county central committee of each political party shall be elected by the nominated candidates for county and legislative offices, together with the elected party county central committeemen of the county who shall meet at 1 o'clock p. m. on the fourth Tuesday after the primary date in the court house or place where the court was last held, at the county seat; and a majority vote of candidates and com- mitteemen present shall constitute an election.
§ 40. Party State Central Committee — How Elected] The party electors of each county may, at each primary by the official primary ballot, elect one party elector as party state central committeeman, who shall represent all the party electors of his party in such county in the regular party state organization, and shall act until his successor is elected, and such party state central committeeman, so elected, one from each county, shall constitute the party state central comm-ttee and shall vote by unit representation at all committee meetings.
§ 41. Party State Chairman — How Elected] The party elec- tors of the state may at each primary, by official primary ballot, elect one party elector as chairman of the party state central com- mittee, who shall continue to act until his successor is elected.
§ 42. National Party Committeeman — How Elected] The party electors of the state may at the primary held in March, 1912 and quad- rennially thereafter, elect by official primary ballot, one party elector as national committeeman and member of the national committee of his party.
§ 43. Party Committee Secretaries and Treasurers — How Elect- ed] The chairman of any party central committee may appoint his own secretary, who shall be chosen from the minority of his party. The treasurer of any party central committee shall be elected by the members of their respective committees. Each secretary and treasurer shall keep suitable record books of proceedings and moneys and shall account for funds received and expended and hand the books and funds on hand over to his successor, and said books shall be party property.
§ 44. State Majority and Minority Proposal Committeeman — How Elected] The party electors of the county affiliated with the ma- jority of the party may also elect one party elector for state majority
proposal committeeman, who shall represent the majority of that party from that county at the state majority proposal committee meetings for the purpose of proposing state majority group principles and can- didates for the following primary.
The party electors affiliated with the minority of the party may also elect one party elector for state minority proposal committeeman, who shall represent the minority of that party from that county at state minority proposal committee meetings for the purpose of pro- posing state minority group principles and candidates for the follow- ing primary.
§ 45. Preliminary Returns Through Party Organization] Party presidential electors and delegates and alternate delegates to national political party convention shall he chosen hy each political party at the March primary, quadrennially, provided, however, that in order to save time in issuing credentials to such delegates the county canvassing boards Immediately upon canvassing the votes for delegates to the na- tional convention, shall forward to the proper party chairman of the party state committee an abstract showing the vote cast for the can- didates for delegates and alternates in the several counties of the state, and such state chairman and the secretary of said committee shall have the power, and it shall be their duty, to canvass the same and to issue credentials to the delegates and alternates who have re- ceived the highest number of votes in the state.
Article 4. — Individual and Committee Proposals and Forms and
Meetings
§ 46. Independent Candidate Proposal Petition] The name of no candidate for presidential elector, United States senator, member of congress, state officers, including judges of the supreme and circuit courts, national committeeman, delegates and alternates to national conventions, party state chairman, county, legislative and district of- fices, member of any party state central committee or member of any state minority or majority proposal committee shall be printed upon the official ballot used at any primary held, as herein provided, except the candidates of one majority and one minority committee proposals within each party as herein provided, unless at least sixty days before the date of the primary, an individual candidate proposal petition shall have been filed in the office of the secretary of state, or county auditor, as the provisions of this act require, in substantially the following form:
"INDIVIDUAL CANDIDATE PROPOSAL PETITION"
We the undersigned, qualified electors of the state of South Da- kota do hereby promulgate the following principles:
and do hereby propose
who resides at in county
and whose postoffice address is South Dakota,
and who is an enrolled elector of the
party, for the office of to be voted for at the primary
to be held oy the fourth Tuesday of March next; and we, and each of
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us for himself severally, do further declare that we intend to support
the candidate named herein at said primary and to vote the
ticket at the following November election.
Names of Signers | PostofRce | Precinct | County | Date of Signing
DECLARATION OF CANDIDATE
I do hereby declare that if nominated and elected, I will qualify, adhere to the principles herewith proclaimed and obey the party recall if invoked against me.
Signature of Candidate Residence P. O. Address
§ 4 7. Percentage of Signers Limited] Said individual proposal petition, before the same shall be filed in the secretary of state or county auditor's office, as the provisions of this Act require, must have affixed thereto the signatures of not less than 2 per cent nor more than 5 per cent of the electors of the party, of which the petitioners are members, in the state, county or district for which the candidate is proposed, at the preceding general election, for the party candidate for the office of governor as shown by the official returns. There shall also be affixed thereto the executed declaration of the candidate as shown upon the foregoing petition. It shall be unlawful for any can- didate to secure further signatures to his petition after the required limit has been reached.
§ 48. Individual Proposal Petition — How Made and Signed] To each of the individual proposal petitions, as provided in Sections 46 and 4 7 of this Act, each petitioner shall affix his own signature, with pen and ink or by indelible pencil, shall add after his name, his voting precinct, postoffice address, county and date of signing. No petitioner shall sign more than one such petition relating to the same office in the same year, and no name shall be counted upon such petition unless the same appears upon the party enrollment books and to have been signed within three months prior to the hold- ing of the primary before which the person in whose behalf it is filed is to be a candidate. It shall not be necessary that one paper shall contain all the signatures, but a single petition may be made up of one or more papers, each having the requisite heading. Separate papers in the proper form and duly signed, may, before filing, be bound together and shall be regarded as one petition, and be suffi- cient if the aggregate number of signatures upon all is not less, nor more than, the number required by this act. Blank lines upon addi- tional sheets, secure^'y fastened to a top sheet having the prescribed heading, may be used in obtaining signatures and shall be regarded, together with the top sheet having the proper heading, as one paper.
§ 49. Legislative District Proposal Petitions] In legislative districts composed of more than one county, the individual proposal petition in behalf of a candidate for the legislature from such district shall be filed in the office of the county auditor of the county in said district in which said candidate resides at least sixty days prior to the holding of the primary; and within five days thereafter said audi-
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tor shall make a certified copy or copies thereof, as the case may be, and forward the same to the auditor of each other county in said legis- lative district for filing. Said individual proposal petition shall he substantially in the same form as provided in Sections 46 'and 47 of this Act, with the same requirements as to signatures and form of exe- cution and declaration; and the timely filing thereof shall entitle the candidate to have his name printed upon the official ballot used by his party at the primary in each county in such legislative district.
§ 50. Proposal Petition for Judges] All candidates for judges of the supreme and circuit courts shall file individual proposal peti- tions 90 days before the primary date and their names shall appear in the independent column upon the official primary ballot, but may be endorsed by either the majority or minority proposal committee. But no candidate for judge of the supreme or circuit court shall be re- quired to sign the recall declaration, but shall be required to sign a declaration to the effect that he will qualify if elected.
§ 51. Majority and Minority Proposal Committee — State Meet- ings] The members of the respective state majority and minority proposal committees which have been elected in the manner herein provided at the last primary, or by mass conference, called in each county for the election of the first committee membership, as especially provided for in Section 53 of this Act, for state majority and minority committees, shall assemble on the first Monday in January at 10 o'clock a. m., in each general election year, and the first state majority proposal committees shall convene in the assembly hall; and the first minority proposal committees shall convene in the senate chamber at the state capitol at Pierre, South Dakota, and each committee shall retire to self-appointed rooms in the capitol building and the mem- bers present shall constitute a quorum and shall at all times act with- out sub-committees, as a committee of the whole, sitting in open and public session, and shall proceed to organize by the election of a chair- man and a secretary for each committee and then promulgate sepa- rately, majority or minority principles, prepare separate sum- mary of principles from such principles for the ballot, limited to sixteen words, and propose majority or minority candi- dates for presidential electors, congressional and state offices and party representatives in the manner required for committee pro- posals, as per blank forms hereinafter provided, which when duly sign- ed by the majority of the members present at any committee meeting and the declaration thereon signed by the candidates, shall be filed within seven days from date of said meeting by the chairman or secre- tary, together with the roll of the members present, with the secretary of state. Proposals when so made and filed, shall entitle the respective summary of principles, and name of candidates thus proposed, limited to one candidate for each office, to be printed on the official primary ballot in separate column as herein provided, and thereafter said pro- posal committee shall cease to exist except to fill vacancies. Each state proposal committeeman shall at state committee proposal meet- ings be entitled to vote by unit representation. Each member of the minority or majority proposal committee who shall attend such state meeting, shall receive payment of five cents per mile for each mile necessarily traveled in going to and returning from such meeting by filing a written receipted sworn statement thereof with the secretary of state, who shall deliver same to the state auditor who shall see to its auditing and forward a warrant therefor, to the person who filed such ■tatement, it being the intention hereof that the state shall pay all expenses of mileage herein provided.
it
§ 52. Proposal Committee — County :^feetings] The members of the respective county majority and minority proposal committees, who have been elected by precincts In the manner herein provided at the last primary, or by mass conference called in each county for the election of the first committee membership for state and county ma- jority and minority committees, as especially provided for in Section 53 of this Act shall assemble on the first Wednesday in January at 1 o'clock p. m., in each general election year, and the county majority committees shall convene in the court room and the county minority committees in the clerk of court's office in the court house of the county, or place where the court was last held, and each committee shall retire to selfappointed rooms in the court house, and the members present shall constitute a quorum and shall, at all times, act without sub-committees, as a committee of the whole, sitting in open and pub- lic session, and shall proceed to organize separately by election of chairman and a secretary for each committee, and then promulgate separate majority or minority principles, and prepare separate mot- toes, from such principles, for the oallot, limited to eight words each, and propose majority and minority candidates for county and legisla- tive offices, and party state committeeman and state proposal commit- teeman, in the manner required for committee proposals, as per blank form, hereinafter provided, which when duly signed by the majority of the members present at such proposal committee meeting and the declaration thereon signed by the candidates shall be filed within seven days from date of said meetings by the chairman or secretary, together with the roll of members present, with the county auditor and said committee proposal when so made and filed, shall entitle the re- spective mottoes, and names of candidates thus proposed, limited to one candidate for each office and only one state proposal committeeman for each group, to be printed on the official primary ballot in separate column as herein provided, and thereafter said proposal committees shall cease to exist, except to fill vacancies. Each county proposal com- mitteeman shall at county committee proposal meetings be entitled to vote by unit representation. Each member of the minority or majority proposal committee who shall attend such county meeting shall re- ceive payment of ten cents per mile for each mile necessarily traveled going to and returning from said meeting by filing a written receipted sworn statement thereof with the county auditor, who shall present the same to the board of county commissioners, who shall allow the same, and the auditor shall thereupon issue his warrant therefor upon the general fund and forward the same to the person issued.
§ 53. First Special Mass Meeting for the Purpose of Electing Primary Majority and Minority Proposal Committeemen] For the pur- pose of electing the first membership of minority and majority pro- posal committees, which require one member from each precinct for each county committee, and one member from each county for the state committees, a mass conference of the party members affiliated with the respective principles represented by the candidates for gov- ernor within each party, having received the highest and next to the highest vote cast at the preceding primary, may be called in each county, signed by three or more majority or minority electors and notice thereof shall be published twice in a weekly county seat newspaper, requesting such affili nts of those principles to meet at two o'clock p. m. on the first Tuesday in December preceding the first primary held under this law, at the court room in the county court house or place where the court was last held, and each conference body shall retire to lelf appointed rooms in the court house, and proceed to elect their re-
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Bpective precinct and state majority or minority proposal committee- men who shall be eligible to act and hold the first committee proposal meetings as provided for in Section 51, 52, 54 and 55 of this Act; and all proposal committeemen thereafter shall be elected at the primary.
§ 54. Committee Proposal, Legislative District Meetings] In legislative districts composed of more than one county, the members of the majority and minority proposal committees of each of said coun- ties in said legislative district shall assemble in the county having the largest vote at the last general election, and at the places fixed for holding the county meetings as provided for in section 52 of this act, and on the first Friday in January of each even-numbered year, at one o'clock p. m., and at said meetings, so held, the members thereof pres- ent shall propose the legislative candidates of said legislative district in the form provided for proposals of candidates in section 56 of this act, and file said proposals with the county auditor of the county of said legislative district where the meetings are held as part of the com- mittee proposals of the majority or minority committees of said coun- ties and for said district, and the county auditor with whom said pro- posals have been filed shall, within five days thereafter, make a certi- fied copy or copies thereof, as the case may be, and forward the same to the auditor of each other county in said legislative district for filing, and the filing thereof shall entitle the candidate so proposed to have his name printed upon the official ballot in the column of the majority or minority for which proposed. Each proposal committeeman shall be entitled to vote by unit representation at all proposal committee meet- ings.
Each member of the minority or majority proposal committee who shall attend such district meeting shall receive payment of ten cents per mile for each mile necessarily traveled in going to and returning from such meeting by filing wfth the county auditor of the county he represents at such proposal committee meeting a written receipted, sworn statement thereof, the auditor of such county shall present the same to the board of county commissioners who shall allow the same, and the auditor shall thereupon issue his warrant therefor upon the general fund and forward the warrant to the person issued.
§ 55. Committee Proposals for Judges of Circuit Court] The county proposal committeemen within each judicial circuit of the min- ority or majority proposal committees, may assemble at 11 o'clock a. m,, on the first Saturday of January, 1914, and quadrennially there- after, and the county majority committee shall convene in the court room and the county minority committee in the clerk of court's of- fice, in the county court house, or place where the court was last held in the county casting the largest vote for governor at the last preced- ing general election in that circuit, and each committee shall retire to self-appointed rooms in said court house and the members present shall constitute a quorum and shall, at all times, act without sub-com- mittees, as a committee of the whole, sitting in open and public session and shall proceed to organize separately by electing a chairman and secretary for each committee and propose a majority and a minority candidate for the office of judge of that circuit, in the form required for "committee proposals," as per blank form provided in section 56 of this act, which, when duly signed by a majority of the members present at such proposal meeting shall be filed with the county auditor of the county where the meeting is held, within seven days, and the county auditor with whom the "committee proposal" Is filed shall, within five days thereafter make certified copies thereof and forward the same to the auditor of each other county In said circuit j and the
14
filing thereof shall entitle the candidate proposed to have his name printed upon the official ballot in the column of the majority or minor- ity for which proposed. Each proposal committeeman shall he entitled to vote by unit representation at all proposal committee meetings.
Each member of the minority or majority proposal committee who shall attend such circuit meeting, shall receive payment of ten cents per mile for each mile necessarily traveled in going to and returning from said meeting by filing a written receipted, sworn statement there- of with the couPty auditor, who shall present the same to the board of county commissioners, who shall allow the same and the auditor shall thereupon issue his warrant therefor upon the general fund and forward said warraht to the person issued.
§ 56. Form of Committee Proposal] The name of no candidate for presidential elector, United States senator, member of congress, state offices, including judges of the supreme and circuit courts, na- tional committeemen, delegates to national conventions, state chair- man, county, legislative or district offices, nor candidate for member of any party state central committee, nor candidate for any state min- ority or majority proposal committeeman shall be printed in the min- ority or the majority column hereinafter designated upon the official primary ballot used at any primary held, as herein provided, unless at least sixty days before the date of the primary, a minority or majority committee proposal shall have been filed in the office of the secretary of state or county auditor, as the provisions of this act require in sub- stantially the following form:
"COMMITTEE PROPOSAL"
We, the undersigned qualified members belonging to the proposal
committee of • party of the state of
South Dakota, do hereby promulgate the following principles:
and propose the following named persons as candidates for nomina- tion to the respective offices named to be voted for at the primary on the fourth Tuesday of March next.
Name Office
For
For
„ For
and we desire the following summary of principles, or motto, to be placed at the head of column of the
Official Primary Ballot as representing the above principles:
(Not more than sixteen words)
and request that the foregoing names be printed in a group under said
motto Id the column upon the
official primary ballot as representing the principles above set forth, to be voted for at the primary to be held on the fourth Tuesday in March iiert, and we and each of us do hereby declare that we intend to sup- ixjrt the principles and candidates named herein at said primary, and
15
to vote the ticket at the
following November election.
Signature of Committeemen County
Precinct P. O. Address Date
DECLARATION OP CANDIDATES
I do hereby declare that if nominated and elected, I (or we) will qualify, adhere to the principles herewith proclaimed and obey the party recall if invoked against me (or us.)
Signature of Candidates Residence P. O. Address
§ 57. Signing of Committee Proposal and Declaration] To the above "committee proposal" the committeeman in favor thereof, shall affix his own signature with pen and ink or with indelible pencil, and shall add after his name, the name of the county in which he resides, the precinct, his postoffice address and date of signing. Following the signature of the committee members there shall be attached to and filed with the committee proposal, the above declaration by the candidates named, each giving his residence by county and precinct and postoffice address.
§ 58. Vacancy in Committee Proposal — How Filled] In the event, a vacancy, of a candidate by death, resignation, or otherwise shall occur in any committee proposal for any office or party, state rep- resentative or state minority or majority proposal committeeman be- tween the date of committee proposal meeting and twenty-five days before the primary election date, such vacancy may be filled by the chairman of the proposal committee by forwarding the name of the new candidate, together with his signed declaration, to the secretary of state or county auditor, who shall place the name of the new candidate in the vacancy.
§ 59. Filing Fees] No fees shall be required of candidates for the filing of proposal petitions.
§ 60. Duty of Secretary of State] At least twenty-five days be- fore any primary, the secretary of state shall transmit to each county auditor a certified separate group of lists containing the summary of principles; the names and postoffice addresses of candidates of each minority and majority committee proposal; also a certified separate ligt of independent candidates giving the names and postoffice ad- dresses of each person for whom Individual candidate proposal peti- tion has been filed under this act in his office; also the name of the office for which each candidate seeks nomination of the political party he represents.
§ 61. Filing — When Sufficient] The filing of a "committee proposal" or "individual candidate proposal petition" within the time and in the manner and form provided in this act, together with the declaration of the candidate shall be sufficient to require that his name be printed upon the primary ballot. No other condition shall be im- posed.
16
Ai'ticle 5. — Official Primary Ballot Form, Regulation and Distribution
§ 62. Color of Ballots — By Whom Designated] The color of the ballots of all political parties having a state organization shall be designated by the secretary of state. For parties having less than a state organization, the county auditor of each county in which such parties have a ticket shall select the color of such ballots. Provided that the ballots of each political party shall be of a separate and dis- tinct color. Provided, further, that when a color has been selected for a party having a state organization, such color shall not again be changed. Such color shall be selected upon application of the chair- man of the party state committee of each party, and as soon as select- ed, the secretary of state shall immediately notify the county auditor of each county of such selection.
§ 63. Position of Committee Proposals on the Official Primary Ballot] It is further provided that the committee proposal receiving the highest number of votes for its candidate for governor at the last primary held shall occupy the majority column at the following pri- mary in its position on the official ballot, although the principles and candidates may have been proposed by the minority proposal com- mittee.
§ 64. Auditor to Provide for Extra Primary Ballots] The coun- ty auditor shall provide and retain in his office until after the primary election, an ample supply of extra official primary ballots for each po- litical party and for each election precinct; and if at any time before or during the primary election any of the official primary ballots for each political party and for each election precinct shall be lost, destroy- ed or exhausted, on written application signed by the primary judges, or any one of them, then said auditor shall immediately cause to be delivered to said primary judges such supply of extra official primary ballots as may be required to comply with the provisions of this act.
§ 65. Duty of Auditor] The county auditor shall, from the names filed in his office and the names forwarded to him by the secre- tary of state, prepare an official ballot for use at the primary for each political party for whom candidates have been presented by "commit- tee proposal" or "individual candidate proposal petition" under the provisions of this act. The names of all candidates in the same po- litical party by whom or for whom "committee proposal" or "individual petition" has been filed shall be printed on the official ballot to be used by that party in the primary, provided that the same summary of prin- ciples or motto shall appear once only on the ballot and the summary of principles or motto first filed, of two that are alike shall be printed on the official ballot with the said committee proposal candidates with which filed; no candidate's name shall appear on the official primary ballot more than once for the same office except judges of the supreme and circuit courts.
§ 66. Official Primary Ballot] The "official primary ballot" of each political party shall be separately printed in black ink upon paper of uniform quality and texture; but the "official primary ballot" of no two political parties shall be of the same color, or tint, within any one county. The ballots shall vary in form and s-ize only as the names of the candidates and officers may require.
§ 67. Duty of County Auditor — Notice of Color — Ballot] The county auditor shall, at least thirty days prior to the date of the pri- mary post in a conspicuous place in his office an announcement of the
IT
color of the official primary ballots of tlie respective partial and stiall also at least thirty days prior thereto publish such announcement for at least one week in at least two newspapers of general circulation in the county.
§ 68. Designation of Ballot] At the top of the ballot shall be printed in large letters words designating the ballot. If a repuhlican ballot, the words shall be "Republican Party Official Primary Ballot." If a democratic ballot, the words shall be "Democratic Party Official Primary Ballot," and in like manner for each political party.
§ 69. Auditor to Furnish Copy to Printer — Ballot] The county auditors shall furnish the copy of the official ballot to the printer not less than twenty days prior to the date of the primary, and the neces- sary number of official primary ballots and sample ballots shall forth- with be printed at the expense of the county.
§ 70. Back of Ballot — How Printed] On the back or outside of the "official primary ballot" so as to appear when folded, shall be printed the words "Official Primary Ballot," followed by the designa- tion of the county where used, the date of the primary election and a facsimile of the signature of the county auditor of such county.
§ 71. Number of Ballots to Be Provided] The number of "offi- cial primary ballots" for each political party in each election pre- cinct shall be not less than seventy-five ballots for each fifty votes cast in said election precinct by said political party at the last preceding general election.
§ 72. Arrangement of Official Primary Ballot and Form] The official primary ballot shall be so arranged and printed that the first column to the left shall contain the names of the offices and the num- ber to be voted for; the second column shall contain the names of the independent candidates who have filed individual candidate pro- posal by petition; the third column shall contain the principles and names of candidates of the minority committee proposal; but the words "minority," "progressive" or "stalwart" or any factional label other than principles shall not appear in the heading; the fourth and last column to the right on said ballot shall contain the principles and names of candidates of the majority committee proposal; but the words "majority," "progressive," "stalwart" or any factional label, other than principles, shall not appear in the heading.
Such official ballot shall be in the following form:
18
19
Article 6. — Conduct of Primary Elections
§ 73. Primary When Held] The primary election herein pro- vided for shall be held at the regular polling place in each precinct throughout the state on the fourth Tuesday in March, 1914, and bi- ennially thereafter, between the hours of eight o'clock a. m. and five o'clock p. m., and any person entitled to vote at such primary election, v/ho is an employee, shall be entitled to the same privileges from his employer for the purpose of voting at a primary election as are given him by law at the general election in November.
§ 74. Notice of Primary Election] Not less than thirty days prior to the holding of the primary, the county auditor shall prepare a notice in substantially the following form:
NOTICE OF PRIMARY ELECTION
Notice is hereby given, that a primary election will be held at the
regular polling place in all the voting precincts of
county. South Dakota, on the day of March,
19 , between the hours of 8 o'clock a. m., and 5 o'clock p. m.,
for the purpose of allowing the members of each political party In the state by their own separate party vote to choose their party platform and their several party candidates for all national, state, congressional, judicial, legislative and county offices, which are to be filled by elec- tion at the next general election, and to elect their several national, state, county and precinct committeemen and state party chairman and delegates to the national convention; also to nominate in the same manner, the several party candidates for the office of United States senator, which is to be filled by the next legislature of this state.
Dated this day of 19
County Auditor.
§ 75. Further Duties of County Auditor] The county auditor shall, also at the expense of the county, procure a sufficient number of printed copies of the notice of the primaries prepared under the provi- sions of section 74 of this act, and shall at least fifteen days before the holding of the primary, mail not less than five copies thereof to the town clerk of every organized civil township in the county at his post- office address; also to the clerk, auditor or secretary, as the case may be, of every incorporated city, town or village in his county a sufficient number so that not less than five copies may be posted in each voting precinct in such city, town or village. In all cases where estab- lished voting precincts are not within the limits of an organized town- ship or within a city, town or village, tli.e auditor shall, at the same time, mail to some responsible elector residing within such precinct, five copies of said notice.
§ 76. Duties of Officers] It shall be the duty of each officer or person named in section 75 of this act, upon receiving said notices, not less than ten days before the holding of the primary, to post the same in five public places in his precinct, most likely to give notice to the electors. Upon filing with the county auditor proof, that he posted the notices as required, each of said persons shall be paid by the county the sum of two dollars, provided that in a city having more than one voting pi'eclnct the clerk or auditor thereof shall be paid not to exceed fifty cents for each precinct in which he posted the notices.
S 77. Superintendent of Election — Duties] The county auditor, when appointing Judgei of a primary under this act shall designate
20
one of the Judges as superintendent to whom the primary supplies shall be sent by registered mail or express, and whose duty it shall be to Inquire for and obtain the same at his postoffice address or nearest express office, and he shall erect ^nd have ready for the primary, a sufficient number of booths which shall be furnished by the county, to- gether with such supplies and conveniences as shall enable the voter to prepare his ballot. The provisions and rules for voting shall be the same as now prescribed by law for voting at general elections.
If the superintendent of election shall not have received his bal- lots and election supplies three days prior to the election ,It shall be his duty to immediately communicate with the county auditor and ob- tain new ballots and election supplies so as to have the same on hand at the voting place primary day.
§ 78. Appointment of Clerks] It shall be the duty of the coun- ty auditor not less than sixteen days before any primary to appoint two persons to act as clerks of the primary election in each voting precinct in the county. He shall appoint in each township precinct two persons to act as clerks of the primary, who shall be the school and civil town- ship clerks; in villages, towns and cities, he shall appoint two qualified voters to act as clerks from the list submitted by the municipal board or commissioners, but in case no names are presented, then the audi- tor shall use his own discretion in appointing two clerks of the primary in villages, towns or cities for each precinct.
§ 79. Distribution of Election Supplies] The county auditor shall, not less than ten days before the holding of the primary, deliver to the superintendent of election hereinafter designated. In each pre- cinct, a sufficient number of official primary ballots to serve the needs of the voters In each of the precincts in the county, together with poll books, large envelopes (which may be sealed, made of heavy manilla paper in which the judges are to place the counted ballots and returns), return blanks, supplies and apparatus herein provided for, put up In separate sealed packages for each precinct, with marks on the outside clearly designating the name of the superintendent, postoffice address and the election precinct for which they are intended, and the number of ballots enclosed for each political party, by registered mail or ex- press, and obtain a receipt therefor from the postmaster or express company.
§ 80. Judges — How Appointed] The county auditor shall, not less than sixteen days before any primary, appoint judges for each of the several voting precincts of his county, and notify them by register- ed mail, which appointments shall be made from the personnel consti- tuting the school and civil township boards in each township. Pro- vided the personnel of such boards include representatives of the po- litical parties having principles or candidates in the primaries; other- wise the county auditor shall use his own discretion. In villages, towns or cities where there are more than one voting precinct, the municipal clerk and members of the municipal board of commissioners shall by a majority vote select three judges and two election clerks of each voting precinct of the munici- pality, and in ample time before each primary, submit a list to the county auditor for his final appointment, but in case no names are presented, the auditor shall use his own discretion. The judges ap- pointed must be qualified voters in the precinct from which they are appointed. Three judges shall be appointed for each precinct. If three or more parties have official ballots for use In the primary, one judge shall be appointed from each party casting the three highest number of votes as shown by the returns of the last preceding general election
? !
If but two parties have such ballots at the primary, then the Judge shall be selected therefrom, and the party having a majority of the votes in the precinct at the last preceding general election, shall have a majority of such judges.
§ 81. Failure to Qualify — Vacancy — How Filled] If any per- son appointed as a judge of a primary election shall neglect to be sworn or to act as such, the place of such person shall be filled by the electors of the precinct present from the different political parties as herein provided and the person so elected to fill the vacancy shall be vested with the same power for that primary as if appointed judge of election by the county auditor.
§ 82. Judges May Administer Oath] The judges of said pri- mary election and each of them are hereby empowered to administer to each other and to the clerks the oath of office and to administer the oath to any voter when challenged.
§ 83. Oath — Form] Previous to votes being taken the Judges and clerks of the election shall severally take an oath In the follow- ing form:
I do solemnly swear (or aflBrm, as the case
may be) that I will perform the duties of judge (or clerk, as the case may be) according to law and the best of my ability; that I will stud- iously endeavor to prevent fraud, deceit and abuse in conducting the same.
§ 84. Judges Must Challengt^ — When] If any judge of the pri- mary shall know," or have reason to believe that any person offering to vote is not a qualified elector, it shall be his duty to challenge the right of such person to vote.
§ 85. Challenge — Oath — Form] Any person may challenge the right of any person to vote the ballot of the party making the chal- lenge at the primary. If the challenge is made on the ground that the person offering to vote is not a qualified elector of the precinct, one of the judges shall tender to him the oath used under the law of this state at a general election in a similar case, accompanied by like condi- tions. If the challenge is made upon the ground that the person chal- lenged is not in good faith a member of the political party whose ticket he requests to vote at the primary, one of the judges shall tender the following oath:
You do solemnly swear (or affirm, as the case may be) that you are twenty-one years of age; that you are a citizen of the United States, or have declared your intention to become a citizen conformably to the laws of the United States, that you have resided in the United States one year, in this state six months, in this county thirty days, and in this precinct ten days next preceding this primary election, that you have not voted in any precinct at this primary election; that you are
in good faith a member of the party and a believer
in its principles as declared in the last preceding national and state platforms; and that you do now in good faith intend to support the principles of that party and the candidates nominated by It at the primaries now being held and at the general election.
§ 86. Vote May be Rejected — When] If any person so chal- lenged shall refuse to take such oath or affirmation as required, his vote shall be rejected and after taking such oath or affirmation, if the judges have good reason to believe that the person so challenged is not qualified, before receiving his vote, they shall require him to subscribe the oath or affirmation, which shall be written out and presented with the poll books for future reference.
§ 87. Challoisers May Be Appointed] In addition to the right of erery persos present at a primary to challenge a roter, the chair- man of the party eonnty central committee of each political party shall hare the right to appoint one challenger in each precinct. Snch challenger mnst be an elector of the precinct in which he is appointed :o act. He shall be portected in the discharge of his duties by the judges of the primary and by peace officers, and shall be permitted to remain within polling place in snch position as will enable him to se^ such person as he offers to Tote, and said challenger may remain within -he pollin place thronghont the canTass of the vote and nntil the re- inms are signed.
S 88. Duty of Voter and Judges] Erery Toter upon requesting official primary election ballots at any primary, shall in a distinct and audible Toice state his name and the name of the political party of -^bich he is a member. The judges shall keep the ballots of each party separate, and unless said person is challenged, as herein provided, one of the judges shall stamp and deliver to him the official ballot belong- ing to the party of which he is a member, and the voter shall take the same into the booth, and after marking it as directed shall fold and return the same to the judges, one of whom shall write the Initials of his name on the back thereof and deposit it in the ballot box.
§ 89. Poll Books] A registry poll book and duplicate and copies of the enrollment list of each party shall be furnished for use of the judges and clerks at each precinct by the county auditor at the ei^ense of the eounty, and one of each party enrollment list shall bt posted in a conspicuous place in each precinct polling place.
S 90. Announcement of Opening Polls] Upon the opening c: *he poDs, one of the judges shall openly announce that fact; and a* .east thirty minutes before the closing of the polls, announcement sha!. be made in like manner that the polls will be closed in half an hour
§ 91. No Adjoummoit Shall Be Taken] After the opening o: the polls at a primary election no adjournment shall be had nor reces = lak^ nntH all the votes cast at such primary election have been count- ed and canvassed.
§ 92. Restrictions of General Law Govern] The votes shall b^ canvaffiQd at the place by the officers and under the same rules anc restrictions that govern judges with like duties at the general election
S 93. Toters — Objected to] No official primary election ballc shall be marked by the voter except as directed thereon f or^ the use o the crooB (X) at the left of the name of the candidates voted for. Of ficial primary ballots otherwise marked shall not be counted. Sue: ballots and others not counted by reason of some defect therein sha!! be marked "defective" and official primary ballots to which objectior has been made by ^ther of the judges or appointive challengers shal! be marked "objected to" on the back thereof, and the memorandur . signed by the judges, stating how it. was counted, shall be written upor. the back of each ballot so marked and all official primary ballots marl:- ed "defective" or "objected to" shall be enclosed in an envelope an securely sealed and ^idorsed so as to clearly disclose its contents. A:: offi^al primary ballots not voted, and all that have been spoUed t; TOUTS while attempting to vote, shall be returned by the primary judges to the ccmnty auditor and a receipt taken therefor and shall be preserved for three months.
f 94. Name of Voter Entered by Clerk] The name of every voter whose vote is accepted at a primary election shall be entered Iz numerical order by each clerk in the r^stry poll book and duplicate
2S
and there shall also be entered by each cierk, iii s^. - yo.. look and duplicate, opposite the name of each person voting, in a colnmn ar- ranged in said books for that purpose, a letter or c:her cesi^naiion showlns the name of the political party vhose t allot Ejcn elector voted, and in a colnmn arranged in said books at tLe right side of the name, for that purpose, the number of the voter on the enrollment list of the voter's party.
§ 95. Canvass of Votes] Immediately npon clostng the polls the primary judges shall proceed to canvass the votes polled in the manner following:
a. They shal proceed to ascertain the number of names entered npon the registry poll book lists for each i>olitical party separately.
b. They shall then ascertain how many ballots have been de- posited in the ballot box for each political party separately.
c. If the number of ballots of any political party exceeds the number of names of voters of such party entered upon the poll books, said ballots shall be folded and replaced in the ballot box Irom which they were taken and the box closed and well shaken and afialn opened, and one of the judges who shall be blindfolded shall draw out of said ballot box and destroy so many of such ballots as shall be equal to such excess.
d. They shall then place the ballots of each political party in separate piles and proceed to m- -t tV.^^^ . -- each political party sepa- rately, and as the judges sh:. a ballot, such clerk shall carefully mark upon the taliy r which shall be furnish- ed for the purpose by the county auuiior, lue votes which each candi- date of the party whose name is written or printed on sucb ballot has received, in a separate column for that purpose, with the name of the office for which he is a candidate at the bead of such column.
e. After the baliots of the : shall all have been read and entered in the tally sheets, ; 11 make footings therein so as to show the total number wi r each candidate whose name is printed or written upon the c mary ballot of such poli- tical party and c*ertify the same to be correct. Thereupon the judges shall set down in the registry poll books in a space and form to be provided therein for that purpose ' : of each candidate voted for, written at full length, tfie name lice for which he Is a candi- date, the total number of votes v.„.^„ ^ .;i candidate received and the total number of votes cast by said political party at said primary, and ihall certify the same to be true and correct; said entry in the poll books shall be made in substantially the following form:
. Party.
At the primary election held in this precinct on tL^: ., .
day of A. D. 19 , the respectiTe candtdatei
whose names were rrinte-l or written on the official primary ballot of ■aid. . _ .party, received the following rotes:
Name ot cnnaiaaics Title of Office Number of Totet
John Doe United States Senator 000
Richard Roe Governor OM
(and so for each candidate.)
Total number of votes cast by said.. .^..^Totes.
5^e hereby certify the above and foregoing to ^ trne m4 ^irec^
24
Dateu this (lay of . . . . . . . .A. D. 19. . . .
Primary Judges.
§ 96. Official Ballots Must Be Preserved] After the votes of a political party have been counted and canvassed and the returns certi- fied to, all the official primary ballots except those marked "defective" or "objected to" shall be strung upon a strong thread or twine or wire separately for each political party, in the order in which they have been read, and shall thereupon be carefully sealed in wrappers and endorsed as follows:
Ballots of the ,. .party cast in
precinct in , .county in South Dakota.
§ 97. Poll Books and Tally Sheets Must Be Delivered to The County Auditor] The registry poll books, with the certificate of the primary judges written thereon, and the tally sheets, together with the wrappers containing the ballots, shall be carefully enveloped and sealed up together, each party separately, properly endorsed, and with the en- rollment lists, certificates of enrollment and. precinct committee elec- tion returns, and placed in the hands of the superintending judge, who shall deliver (or give to one of the other judges or to one of the clerks who shall deliver) the same, to the county auditor at his office within three days after said canvass has been completed.
§ 98. Compensation] Each precinct judge and clerk perform- ing the duties at a primary election imposed upon him by this Acl shall receive from the county the same compensation now paid to judges and clerks of the general election.
§ 99. County Canvassing Board — Duties] On the first Saturday following such primary the county auditor shall, with the assistance of the clerk of the courts and coUnty judge, open and canvass all of said returns and make separate tabulated statements for each political party, which shall show, in appropriate columns and under proper headings, the total number of votes cast in the county for each candi- date whose name is printed or written upon the official primary bal- lot of one of the political parties and the same shall be kept on file in the office of the county auditor. Each county auditor within seven days after the primary election has been held, shall forward under seal to the secretary of state a certified abstract for each political party hav- ing upon its official primary ballot the name of any candidate for whom a proposal petition or committee proposal was filed in the office of the secretary of state, showing the total number of votes cast in such county at the primary for each of such candidates, which abstract shall be signed by such auditor under his official seal and by the clerk of courts under his official seal and by the county judge.
§ 100. State Canvassing Board — Duties] Immediately upon re- ceiving the returns from the county auditors of all the counties, as provided in the last section, the same shall be canvassed by the same Btate officers as are directed by the general election laws to canvass returns after a general election. Such canvassing boards shall, without delay, open the returns and certify tabulated statements thereof sep- arately for each political party. Such statements shall show, under appropriate headings, the total number of votes cast for each candidate in whose behalf a committee proposal petition was filed in the office of th© secretary of state by tbe voters of tbe political party I)efore 5?lilcli
26
he stood as t, candidate, and after being signed by the members of said board and attested by the great seal of the state, shall be filed In the ofllce of the secretary of state.
§ 101. Highest Vote Received Nominates] Any candidate for nomination whose name is printed upon any official primary ballot who receives the highest number of votes cast by the voters of his party for any candidate for nomination to the office for which he is a can- didate, shall be the nominee of his party for such office, and any can- didate for national, state, county or precinct committeeman or dele- gate to a national convention who receives the highest number of votes cast for any candidate for election to the position for which he is a candidate, shall be duly elected to such position.
§ 102. Certificate of Nomination — How Issued] If the office be an elective one, for which his committee proposal or petition was filed in the office of the secretary of state, a certificate of his nomination shall be issued to such successful candidate by the state canvassing board under the great seal of the state, and if such successful candidate was voted for as a party candidate for nomination to the office of United States senator, the state board of canvassers shall issue him a certificate under the great seal of the state, declaring him to be the regularly nominated candidate of his political party for the office of United States senator, to be filled at the next regular session by the leg- islature of this sate. To the person who received the highest number of votes cast by his party at all the primaries in this state for the posi- tion of national committeeman or state chairman, the state canvassing board shall issue a certificate declaring him duly to be elected as a member of the national committee of his party for the ensuing four years and state chairman for the ensuing two years.
§ 103. Persons Declared Nominated — Names to Appear on Offi- cial Ballot] If such office be an elective one for which his committee proposal or individual petition was filed in the office of the county aud- itor, a certificate of his nomination for that office by his party shall be issued to such successful candidate by the county canvassing board, herein created, under the seal of the county.
If such office be a legislative or judicial one, in a district compris- ing more than one county, then the canvassing officers of the counties in said district shall meet the following Monday after the canvass of the returns in their respective counties at the auditor's office at the county seat of the county in said district having cast the largest party vote at the preceding general election, and there complete the canvass of said returns from certificates of their respective county canvass for said legislative office and declare the candidate having received the highest number of party votes cast for any of the candidates for nom- ination to the office for which he was a candidate, nominated, and cer- tify said nomination over the canvassing members signatures and seal of said county to the auditor of each county in said district.
And if such office be one in which the candidate was seeking elec- tion at the primary as party state chairman, national, state or precinct committeeman of any political party or as a delegate to a national con- vention, the candidate who received the highest number of votes cast by the voters of any given political party at the primary for any candi- date for the same position, shall be declared elected to such position, respectively, in such political party and a credential or certificate shall ba issued to such successful candidate by the same canvassing board. And all successful party candidates for nomination for elective offlcei whose proposal papers were filed in the office of the secretary of state
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or in the office of any county auditor, under the provisions of this Act, shall have their names as such candidates printed upon the official bal- lot for use at the succeeding November election, and the name of no other party candidate for the same offices in the same political parties shall appear thereon.
§ 104. Conventions Abolished] State and county conventions for the nomination of party candidates and principles for national, state, judicial, county and legislative offices, and party representatives, committeemen and delegates, are hereby abolished.
§ 105. Tie Vote] In case of a tie vote, the tie shall be deter- mined by lot by the canvassers.
§ 106. Duty of Attorney General] It shall be the duty of the attorney general and secretary of state on or before July 1st, after the enactment of this act, to prepare all forms necessary to carry out the provisions of the Act.
§ 107. Holiday] The days herein appointed for holding pri- mary elections shall be legal holidays.
§ 108. Vacancies in Legislative Districts — How Filled] If for any reason, after a nomination as a party candidate for legislative office from a district comprising more than one county has been made, a vacancy shall occur, such vacancy shall be filled by the joint action of the party county central committees of such party of the counties comprising such legislative district.
§ 109. Vacancies — How Filled] If for any reason after a nom- ination of a party candidate or election of a party candidate for a party position as provided for in this Act has been made, a vacancy shall occur on or before the date of holding the general election, such vacancy shall be filled by the party state central committee, in case of state and congressional offices, and the party county central commit- tee In case of county and legislative offices, or members of the party central committees from the circuit where the vacancy exists.
S 110. General Election Laws Govern — When] The provisions of the statute now in force in relation to holding of elections, the so- licitation of voters at the polls, the bribing or attempting to bribe voters, the sale of Intoxicating liquors in the voting precincts, the man- ner of conducting elections and all other kindred subjects shall apply to all primary elections held under the provisions of this act, in so far as they are consistent with the same, the intent of this act being to place the primary election, except where otherwise provided, under the regulations and protection of the laws now in force as to general elections.
Article 7. — Official Party Endorsement of United States Senator and Appointive Government Positions Other Thau Postmasters
S 111. Party Endorsement of United States Senator] The en- dorsement by popular vote of a party candidate for United States sen- ator, as provided by this Act and the issuance to such candidate of a certificate of nomination as herein provided shall have the force and effect of an Instruction to such members of the legislature of the same political party as such candidate as were nominated at the same pri- mary election to vote for and support such candidate in the legislature for the office of United States senator.
S 112. Official Party Endorsement — to Appointive Offices] Any party elector yho wishei to become a candidate for an appointiva gov-
ernment position, state or federal, except postmaster, which Is other- wise provided for in this Act, may file his written application for the official party endorsement for the office for which he is a candidate, stating therein his party affiliation, with the secretary of state after any primary election date, and before the following general election date.
§ 113. Duty of Secretary of State — Party Endorsement Record] It shall he the duty of the secretary of state, for the purpose of preserv- ing a record of applications for appointive government positions refer- red to in Section 112 of this Act to prepare and keep in his office a suit- able record book of official party endorsements in which all said appli- cations for official party endorsement shall be entered as received, and from which they shall prepare and cause to be printed within ten days after the general election date, a separate list of such applicants of each party, giving the name, address and position for which each can- didate has applied, and mail one copy of the same to each member of the party state central committee, including its chairman and secretary.
§ 114. Official Party Endorsement — How Determined] The party state central committee, interested, including its chairman and secretary and national committeeman, shall meet in the senate chamber at the state capitol at ten o'clock a. m., on the second Tuesday of De- cember after the general election, and the members present shall con- stitute a quorum, and shall, at all times, act in public session and with- out sub-committees, as a committee of the whole, hearing applicants and receiving written recommendations from party electors, and shall proceed by ballot and majority vote to determine who shall receive the official party endorsement as the recommendation of the party for any state and federal appointive government position. The chairman and secretary of said committee shall certify to such endorsement in writ- ing and forward the same immediately for consideration to the person having the appointive power in state positions, and to each of the Unit- ed States senators and congressmen in federal positions as the official party recommendation, and shall send a copy of the same to the secre- tary of state, who shall enter the same in the record book of official party endorsements. Each member of such, interested, party state central committee including its state chairman and secretary and na- tional committeeman, who shall attend such meeting shall receive pay- ment of five cents per mile for each mile necessarily traveled in going to and returning from said meeting by filing a written receipted sworn statement thereof with the secretary of state who shall deliver «ame to the state auditor who shall see to its auditing and forward a warrant therefor, to the person who filed such statement, it being the Intention hereof that the state shall pay all expenses of mileage herein provided.
Any official party endorsement desired by any party elector as a recommendation to fill vacancies occurring during the interim of bi- ennial meetings of the party state central committee shall be given by a majority of the party state chairman and national committeeman and the chairman of the applicants county, and a copy of their endorsement shall likewise be filed with the secretary of state.
Article 8. — Postmaster Primary
§ 115. Municipal Endorsement of Party Candidates For Post- master by Primary] The official municipal endorsement of any party candidates for postmaster may be determined by postmaster primary in villages, towns or cities, as follows:
§ 116. Notice of Expiration of Postmaster Commission or Vacan- cies] It shall be the duty of the party county chairman of the party
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national administration In power, ninety days prior to the expiration of any postoffice commission in any municipality in his county, or im- mediately upon any vacancy occurring to post notices in the manner provided in Section 9 of this Act, for the holding of a postmaster pri- mary, to take place on the sixteenth day after the posting of the notice. Said notice shall contain the name of the postoffice, the date of expira- tion of commission or the vacancy occurred, the date set for holding the postmaster primary and the date on or before which petition of candidates must be filed, with the municipal clerk, said notice shall be signed by the party county chairman.
§ 117. Candidates in Postmaster Primary — How to File] Any enrolled, resident party elector may become a candidate for postmaster by filing a petition with the municipal clerk, together with executed declaration of the candidate, in the form hereinafter provided, signed by not less than ten per cent or more than fifteen per cent of the resi- dent party electors of such municipality. All candidates and signers upon petitions of persons for municipal endorsement for postmaster shall be limited to enrolled party electors of the party national admin- istration in power.
§ 118. Duty of Municipal Clerk — Postmaster Primary] It shall be the duty of the municipal clerk, in the event of more than one party elector filing for the municipal endorsement for postmaster in any mu- nicipality, to prepare and cause to be printed an official municipal post- master primary ballot, under the Australian ballot system, containing only the names of candidates of that party having filed proposal peti- tions as provided for in section 117 of this act, and furnish an adequate number of such ballots to the officers of the postmaster primary to supply all voters in each precinct of his municipality; also to furnish poll books and necessary election supplies; also to appoint judges and clerks for holding said postmaster primary. In the event of only one candidate filing a petition no postmaster primary shall be held.
§ 119. Expense of Postmaster Primary — How Paid' The en- tire expense of such postmaster primary shall be paid by the munici- pality in which it is held, and the clerk shall receive, audit and present all bills in connection therewith to the municipal board for payment.
§ 120. Time of Filing Petitions Limited] All petitions of can- didates must be filed, as herein provided, not later than the sixth day before date of postmaster primary.
§ 121. Pastmaster Primary — How Conducted] The provisions of this Act governing the March primary election, except as to qualifi- cation of voters, the hours of opening and closing of the polls; duties of election officers; counting of the vote and making return thereon, shall apply to postmaster primaries as far as applicable, except that the return of the vote shall be made to the municipal clerk and the judges and clerks receive but two dollars per day.
§ 122. Canvassing the Vote — Issuing Endorsement Certificate] The municipal recording officer, party county chairman and secretary shall constitute the canvassing board of the returns of postmaster pri- mary, and upon canvassing the vote, shall issue to the candidate for official municipal endorsement for postmaster who received the ma- jority vote, if only two candidates filed, and in the event three or more candidates filed, then to the candidate who received the highest total number of first and second choice votes added, an official muni- cipal party endorsement certificate addressed to the congressmen at large, or of the district, setting forth that an official postmaster pri- mary has been held by the voters of that municipality, and that the
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party elector named therein has received the highest vote for post- master of that municipality and respectfully recommending him tor that position, which certificate shall be forwarded to the congressmen.
§ 123. Certificate of Municipal Endorsement of Party Candi- dates— To Whom Sent When No Party Representative in Congress] In the event that there is no congressman from this state of the same party affiliation as the party national administration in power, then, and in that event, the above official municipal endorsement certificate shall be addressed to the president in case of presidential postofflces, and to the second assistant postmaster general in case of fourth class postoffices, and said certificates shall be forwarded to the party na- tional committeeman in the state, who shall forward the same to the party national chairman at Washington, D. C.
§ 124. The postmaster primary proposal petition shall be in sub- stantially the following form:
We, the undersigned, qualified, enrolled party electors of the
party, do hereby propose who is a
resident of and who is a member of the party for the
position of postmaster of the postoffice, to be
voted for at the municipal postmaster primary to be held on the
day of and we, and each of us, for himself severally,
do further declare that we intend to support the candidate herein named at said postmaster 'primary.
Name of Signers Postoffice Precinct Date of Signing
DECLARATION OF CANDIDATE
I hereby declare, if endorsed and appointed, I will qualify and obey any party recall, if invoked agaiinst me. Signature q^ Candidate Residence Postoffice Address
§ 125. The Postmaster Primary Ballot shall be in the following form:
MUNICIPAL POSTMASTER PRIMARY BALLOT
South Dakota.
To vote for a person, if only two candidates names appear on the ballot, mark a cross (X) in the square to the left of his name. If more than two candidates names appear on the ballot, vote your first choice by marking a cross (X) in the square at the left of the name of the candidate, and vote your second choice of candidates by marking an- other cross (X) in the square at the right of the name of another can- didate.
|
C^hoice'l J^OR POSTMASTER ^-^^^ |
|
1 John Doe | | |
|
1 |. Richard Roe | | |
Article 9. — Party Recall
§ 126. How and When Invoked] In the event any public offi- cial elected upon a party platform of principles to which he is pledged to adhere shall fail during the term of his office to support or advocate by vote or act the principles of the party platform on which he was elected, or in case any public officer elected or appointed who obtained his office through party election or party endorsement is charged with misconduct, or malfeasance, or crime, or misdemeanor in office, or with drunkenness, or gross incompetency, or habitual or wilful neglect of duty, the party recall may at any time be invoked against him as fol- lows:
A petition signed by thirty-three (33) per cent of the electors of his party within the district from which he was elected or appointed giving the postoffice address, precinct and county and date of signing shall be filed with the secretary of state, and a copy thereof with the party state chairman, in case of state or federal offices, and with the county auditor, and a copy thereof with the party county chairman in case of county offices, or with the municipal clerk, and a copy thereof with the party county chairman, in case of municipal offices.
§ 127. Complaint Must Accompany Petition] There shall be filed with said petition a complaint in writing setting out specifically the charges made against the said public offi,cer, which complaint shall be verified by at least twelve of the petitioners, and a copy of the said petition and complaint shall be immediately personally served upon the officer against whom the party recall is invoked.
§ 128. Party Committee to Have Jurisdiction] Authority and jurisdiction is hereby vested in the party state central committee in case of state and federal offices, and in the party county central com- mittee in case of county and municipal offices, to hear the said com- plaint and try and determine th^ charges therein made against its own party members.
§ 129. Party Chairman to Fix Date of Party Central Committee Hearing] Upon the filing of said petition and complaint, as provided herein, it shall be the duty of the state or county party chairman as the case may require, to forthwith set the time and place where he and his committee will hear the said charges, which date shall not be less than ten nor more than thirty days from the date of notice thereof upon the officer charged in the complaint.
§ 130. Notice of Party Central Committee Hearing — How Serv- ed] When the party chairman, state or county, shall have fixed a date for the hearing, he shall give immediate notice thereof by regis- tered mail to each member of his committee and a copy of the com- plaint shall accompany such notice, which notice shall contain the date, .hour, and place of said hearing, and he shall serve a copy of said no- tice, by registered mail, upon the officer charged in the complaint.
§ 131. Party Central Committee Hearing — How Conducted] Upon the day set for hearing, the members of the party central com- mittee present shall be first sworn to try the issue raised by the com- plaint in the same manner as now provided for swearing petit jurors and the chairman of said committee or any member of said committee elected by a majority of said hearing in place of, or in the absence of ■aid chairman shall preside at the hearing and administer all oaths. The party electors petitioning may appear by counsel and the officer charged by his counsel, and the party chairman and his committee shall proceed in the manner usually followed in judicial proceeding! to hear
the evidence which shall be given under oath and to examine witnesses, and to make a record thereof if demanded and paid for and enter such decision as the facts and justice shall require. The decision of a two- thirds majority of the committee present shall he final and if the charges be sustained, formal findings shall be prepared and certified by the chairman and secretary of the committee and served upon the offi- cer charged and with it shall be served as the official party recall a for- mal request signed by the party chairman and secretary that he resign from said office, as promised in his written declaration as a party can- didate. If the charges be not sustained, the complaint shall be dismiss- ed and notice thereof served upon the officer charged, signed by the party chairman and secretary.
§ 132. Expense of Party Recall — How Paid] The entire ex- pense of invoking the party recall as herein provided, except the ex- pense of the record shall be paid by the state in case of state, congres- sional and federal offices, and by the county in case of county and leg- islative offices, and by the municipality in case of municipal offices.
§ 133. Auditing of Fees and Expenses — Party Recall] Each member of the party, state and county central committees, as the case may be, including the chairman and secretary, shall be paid at the rate of two dollars per diem for each day necessarily spent in said hearings and five cents per mile for each mile necessarily traveled in going to and returning from said hearings. The party chairman having juris- diction shall audit all bills and file the same with the secretary of state, or county auditor, or municipal clerk, as the case may require, who shall present the same to the proper board for payment, which shall allow the same and order them paid out of the respective general funds.
Article 10. — Official State Publicity Pamphlet
§ 134. There shall be compiled and published by the secretary of state, an official state publicity pamphlet for general distribution to the electorate of the state, at least thirty days prior to the general primary date, as hereinafter provided.
§ 135. Restriction of Matter in Publicity Pamphlet] It shall be the duty of the secretary of state, in addition to the filing and recording in the political record book, the platform, principles, the individual petitions and committee proposals of all party candidates, to also re- ceive and file a biography of not over 200 words, and a half tone oval cut 2 1/. inches by 3 % inches in size, of any candidate, provided the said candidate- shall deposit with the secretary of state, together with his biography and cut the sum of $100, or fifty dollars for either cut or biography, to defray expenses of publication. It shall be his duty also to receive and file written arguments in support of platform principles from each committee group of candidates, limited to 800 words, also written arguments by any independent party candidate, limited to 200 words, all of which must be filed more than sixty days before the date of the party primary. The secretary of state shall immediately compile and prepare for publication the material so filed, "the Publicity Pam- phlet" in size six inches by nine inches, to be set in eight point solid type, thirty picas wide, type size of page to be 30 picas by 47 picas. Each person's cut and biography, if any, to occupy one page and no more. No platform proposals or arguments shall contain any personal attack of character upon anyone and it shall be the duty of the secre- tary of state to see to it that none are printed in the state publicity pamphlet. No charge shall be made for publication of any matter herein, except for the cut and biography of the candidate, as above provided; the front and title page to read as follows:
32
OFFICIAL STATE PUBLICITY PAMPHLET
Published by the State of South Dakota
Principles and arguments of Candidates in Party Primaries to be held on the Fourth Tuesday in March, 19
§ 136. Arrangement of Publicity Pamphlet:
a. Pamphlet Arranged by Parties] It shall be the duty of the secretary of state to arrange all party platform principles, names of candidates, cuts and biographies, and arguments of party candidates, of each party separately under the general heading of the party name.
b. Arrangement of Candidates Within the Party] Independent candidates names and principles come first, followed by minority com- mittee proposals, and last by the majority committee proposal, under each party heading.
c. Arrangement of Parties in the Pamphlet] The political party for which the smallest vote was cast for governor at the preceding election shall have its candidates and platform published first in the publicity pamphlet. The party receiving the next lowest vote for gov- ernor at the preceding election shall have its candidates and platforms published next, and so on, until the party which had the largest vote for governor at the preceding election shall appear last in said publicity pamphlet.
§ 137. Printing and Distribution] The secretary of state shall furnish the printer the copy for the said publicity pamphlet fifty-eight days prior to the primary date, and shall cause the same to be printed, together with suitable envelopes, and forward the same by express in numbers equal to the total vote cast in each county at the preceding election for governor, with two hundred extra copies to each county auditor in the state, at the entire expense of the state, thirty days prior to the primary date.
§ 138. Duty of County Auditor — Mailing Publicity Pamphlet] It shall be the duty of the county auditor to immediately upon receipt of the publicity pamphlet from the secretary of state, to cause the same to be placed in the accompanying envelopes and addressed and mailed, postage prepaid, as third class mail matter, to each elector in his county according to the poll lists of the preceding election and addresses ob- tainable in his office. The expenses of mailing the publicity pamphlet shall be paid by the county.
Article 11. — Violations, Penalty and Contests
§ 139. Enrollment] Any person making a false statement in relation to his qualification as an enrolled elector at said primary, shall, upon conviction therefor, be fined in a sum not exceeding two hundred dollars or imprisoned in the state's prison not exceeding three months, and the court, may in its discretion impose both such fine and impris- onment; and for the violation of any of the provisions of Article 2 of this Act by an enrollment officer, he shall be subject to a like fine and Imprisonment. Any person who shall cause his name to be enrolled in more than one election precinct, or who shall cause his name to bo enrolled, knowing he is not a qualified elector in the precinct where such enrollment is made, or shall falsely impersonate any enrolled voter, and any person aiding or abetting him in any manner In either of said Acts hall be unished for each and every offense by Imprison-
83
ment in the county Jail for not less than two, or more than five months. Any person, who shall at any primary knowingly insert any name in said enrollment list contrary to the provisions of this Article, or make any false statements in said list, shall, on conviction therefor, be pun- ished by imprisonment in the county jail for not less than two months or more than five months. Any judge or clerk of any primary who shall willfully violate any of the provisions as to the enrollment of party electors, or be guilty of any fraud in the execution of the duties of his ofRce, shall, upon conviction thereof, be punished by imprison- ment in the county jail not less than two or more than five months.
§ 140. Person Knowing Himself Not to Be Qualified] Any per- son knowing himself not to be a qualified elector who votes or offers to vote at any primary, is guilty of a misdemeanor, and upon convic- tion thereof, shall be punished by a fine not exceeding two hundred dollars or by imprisonment in the county jail not exceeding six months.
§ 141. Illegal Voting — Penalty] Every person who votes or offers to vote illegally at any primary election within this state shall be punished by a fine not exceeding five hundred dollars or by impris- onment in the county jail not exceeding six months.
§ 142. Perjury] If any person so challenged shall take the oath provided for in this Act, knowing the same to be false, he shall be deemed guilty of wilful and corrupt perjury, and shall, on con- viction, suffer such punishment as now is or shall hereafter be pre- scribed by law for persons guilty of perjury.
§ 143. Interference Prohibited] It shall be unlawful for any person who is a member of one political party to in any way interfere with the voting of any other political party at any primary, or in any way to obstruct the voting of any elector at such primary or to create any disturbance, or to in any way intimidate any elector from attend- ing at any primary or voting thereat. Any person violating the provi- sions of this section shall be deemed guilty of a misdemeanor and pun- ished accordingly.
S 144. Unlawful tj Vote Unless Qualified — Penalty] It shall be unlawful for any person noi a qualified elector of the ward or precinct in which any primary is held to vote in any manner or on any question which may come before said primary. Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and punished accordingly.
§ 145. Unlawful to Vote More Than Once — Penalty] Any per- son who votes more than once at any primary or offers to vote more than once, either in the same or any other precinct, is guilty of a mis- demeanor and upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail not exceeding one year.
§ 146. Solicitation of Illegal Votes — Penalty] Every person who procures, aids, assists, counsels or advises another to give his vote at any primary knowing that such person is disqualified, is guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail not exceeding thirty days.
§ 147. Person Knowing Himself Not to Be Qualified — Penalty] Any person knowing himself not to be a qualified elector, who votes or offers to vote at any primary, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding two hun- dred dollars or by imprisonment in the county jail not exceeding six months.
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§ 148. Inducing Persons to Vote In Other Precincts — Penalty] Every person who procures or counsels another to enter any town, ward or voting precinct for the purpose of giving his vote at the pri- mary, knowing that such person is not entitled to vote, is guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not exceeding one hundred dollars or by imprisonment in the county jail not exceeding thirty days.
§ 149. Voting in Precincts in Which One Does Not Reside — Pen- alty] Every person, who at any primary knowingly votes or offers to vote in a precinct in which he does not reside or in which he is not authorized by law to vote, and any person who knov/ingly votes the primary election ballot of a political party of which he is not a member, is guilty of a misdemeanor, and upon conviction thereof, shall be pun- ished by a fine not exceeding one hundred dollars or by imprisonment in the county jail not exceeding thirty days.
§ 150. Intoxicating Liquors Prohibited] Every person who sells, gives away or disposes of any intoxicating liquors as a beverage on the day of any primary election, in this state, is guilty of a misde- meanor, and upon conviction thereof, shall be punished by a fine of not exceeding one hundred dollars or by imprisonment in the county jail not more than thirty days.
§ 151. False Returns — Penalty] Any judge or clerk of a pri- mary election or any member of any board, county or state whose duty it shall be to keep, make, deliver or canvass returns of any primary or primaries, who shall knowingly and willfully make any false canvass, count, or certificate abstract, summary list or return, or who shall knowingly and willfully alter or change the same after being correctly made, or who shall fail to preserve, forward and deliver any returns entrusted to him for that purpose, shall be deemed guilty of a misde- meanor and upon conviction thereof be punished by a fine not ex- ceeding five hundred dollars or by imprisonment in the county jail not exceeding one year or both in the discretion of the court.
§ 152. Limitation of Expenses of Candidates and Committees] The expense of any candidate at any primary shall be limited to pay- ments for food, clothing, lodging, transportation, public speaking, printing, hall rent, office rent, clerk hire, stationery and postage and candidates must keep an itemized account of all such campaign ex- penses and to whom paid and file a verified itemized statement thereof in the office of the secretary of state or county auditor as the case may require; but no candidate or committee or organization shall be allow- ed to pay any moneys or other consideration for transporting voters to or from the polling places at primary elections.
§ 153. Contests — How Made and Decided] Any candidate for nomination to any elective office or for any party position, whose name appears on the official primary ballot of any political party, may con- test the primary election as to the office or position for which he was a candidate for nomination or election by filing with the clerk of the cir- cuit court of the county in which his proposal petition was filed, a complaint in writing within ten days after the returns have been can- vassed by the county canvassing board or boards, setting forth the grounds of his contest, which complaint shall be verified by the com- plainant. Authority and jurisdiction are hereby vested in the circuit court to hear and determine such contests. When a complaint has been filed, it shall forthwith be presented to the judge of the circuit in which it is filed, who shall note thereon the day of presentation and also the day and place when he will hear the same, which shall not be more
than ten daya thereafter. The candidate who appears upon the face of the returns to have been elected, or to whom a certificate of nomi- nation has been issued, shall be named as defendant. When the court has fixed the day for hearing the complaint, order fixing such hearing shall be personally served upon the defendant. The defendant must answer on or before the day of hearing. The cause may be heard and determined by the court in term time, or by the judge thereof in vaca- tion, and shall have preference in order of hearing to all other cases. The complainant shall give security for all costs. If, in the opinion of the court, the grounds alleged for the contest are insufficient the com- plaint shall be dismissed. If the grounds alleged are sufficient, the court shall proceed in a summary manner and may hear evidence, ex- amine the returns, recount the ballots and make such orders and enter such decisions as the facts and the law may require. The judgment of the court shall be final, and the provisions of this section shall, so far as applicable, apply to contests of nominations and elections by pri- mary where the proposals have been filed with the secretary of state, and contests affecting such candidates shall be brought and determined in the same manner by the supreme court.
§ 154. Penalty for Violation of This Act] Any willful violation of any of the provisions of this Act, or failure to comply therewith by any person or officer herein named, and not otherwise provided for herein shall be a misdemeanor and upon conviction shall be punished by a fine of not over $100.00 or by imprisonment in the county jail for not over thirty days or by both such fine and imprisonment in the dis- cretion of the court.
§ 155. Penalty for Interference] Any person, corporation, or association or organization which, or who, shall with money, or any other consideration, procure or counsel another to vote for or against any principles or candidates at primary election, or who attempts to do so, shall be guilty of a felony, and upon conviction thereof, shall be fined for each offense in a sum not to exceed $5,000 or by imprison- ment in the penitentiary not to exceed five years, or both, at the dis- cretion of the court.
Article 12
§ 156. Repeal] All Acts and parts of Acts in conflict with this Act are hereby repealed.
Article 13
§ 157. Emergency] There being no adequate law in this state providing for the nomination of party principles, candidates for elec- tive offices, delegates and committeemen, by a direct primary vote, nor provision how to determine what shall constitute an official party en- dorsement to appointive offices, or orderly respresentation within the party, an emergency is hereby declared to exist and this Act shall take effect and be in force immediately upon its passage and approval.
2. AN ACT Entitled, An Act to Promote the Safety of the General Pub- lic and the Employes of the Railroads in the State of South Da- kota by Requiring all Railway Corporations or Receivers or Less- ees Thereof Operating a Line of Railroad in the State of South Dakota to Equip all Locomotive Engines Used in Road Service in the Night-time With Head Lights of Not Less Than 1500 Candle Power Measured Without the Aid of a Reflector and Providing a Penalty for the Violation of this Act.
Be it Enacted by the Legislature of the State of South Dakota:
§ 1. It shall be the duty of every railroad corporation or receiver or lessee thereof operating any line of railroad in the state of South Dakota to equip all locomotives being operated in road service in the state of South Dakota, in the night time, with headlight of not less than 1500 candle power measured without the aid of a reflector, the same to be kept in good condition; provided, that ten per cent (10%) of the said locomotives shall be required to be equipped within sixty days after the passage and approval of this act and an additional ten per cent (10%) to be so equipped every thirty days thereafter until all engines operated in the state of South Dakota in the night time in road service shall be equipped according to the provisions of this act.
§ 2. Any railroad corporation or receiver or lessee thereof oper- ating any line of railroad in the state of South Dakota which shall violate any of the provisions of this Act shall be liable to the state of South Dakota for a penalty of not less than one hundred dollars ($100) or more than one thousand dollars ($1000) for each offense and such penalty shall be recovered and suits therefor brought in the name of the state of South Dakota in a court of proper jurisdiction by the at- torney general or by the state's attorney of any county in or through which such line of railway may be operated.
Approved March 1, 1911.
3. AN ACT Entitled, An Act to Repeal Sections 10, 11 and 12 of Chapter
244 of the Session Laws of 1907, Relating to the Damages for
Trespass of Animals. Be it Enacted by the Legislature of the State of South Dakota:
§ 1. That Sections 10, 11 and 12 of Chapter 244 of the Session Laws of 1907, relating to the damages for trespass of animals, be and the same are hereby repealed.
Approved March 4, 1911.
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AN ACT Entitled, An Act to Amend Sections 791 and 792 of the Re- vised Political Code of 1903, Relating to the Location of County Seats.
Be it Enacted by the Legislature of the State of South Dakota:
§ 1. That section 791 of the Revised Political Code of 1903 be amended to read as follows.
Section 791. Whenever any city, town or place desiring to become a candidate for county seat shall file with the county auditor, signed by not less than fifteen per cent of the voters of the county as shown by the vote for governor at the last preceding general election, and if there has been no vote for governor, then said petition shall be signed by not less than fifteen per cent of the votes cast at the election held for the organization of the county, requesting that the name of said city, town or place be placed upon the ballot as a candidate for county seat, the board of county commissioners of any organized county in this state, in which the county seat has not been located by a majority vote, shall submit the question of location of the county seat to the qualified electors of the county at said primary election.
Provided that said petition shall be filed with the county auditor not more than sixty days, nor less than thirty days immediately pre- ceding the primary election held according to law. And provided further that no county shall submit the question of the permanent loca- tion of its county seat hereunder unless the said county shall have been organized for four years or more.
Notice of the submission of the said question shall be included in the notice published by the county auditor, giving notice of the time and place of holding said primary election. The ballot used at said election shall be separate from the ballots cast and used for the nomi- nation of state, county and other officers, and shall be received and de- posited in a separate ballot box.
The auditor shall prepare ballots, which shall be of plain white paper, four inches wide by six inches long, and shall hLve printed thereon the words, "candidate for permanent county seat," and under which shall be placed the names of such places petitioned to be placed thereon as aforesaid. In front of each name so placed on said ballot shall be placed a square, and the elector shall place an "X" in the square in front of the place of his choice.
Such ballot shall be prepared by the county auditor and be dis- tributed in the same manner as the official and sample ballot, as pro- vided by law. The votes cast shall be returned, canvassed and certi- fied as provided by law for the return of votes at any primary election. The two places receiving the highest number of votes cast at the pri- mary shall be the candidates for the permanent county seat.
§ 2. The question of the permanent location of the county seat shall be again submitted to the qualified electors of the county at the general election following said primary and the places voted for shall be limited to the two receiving the highest number of votes at the said primary election, and no other place shall be voted for. The ballots to be used at such election shall be of the same form prescribed in section 791. The votes cast at said election shall be counted and re- turns thereof made and canvassed in the same manner as now provided
-^ as
by law for the counting, returning and canvassing the votes cast at any- general election as provided by law, and upon the canvass of said re- turns the city, town or place receiving a majority of the votes cast at the election shall be declared the permanent county seat of said county.
§ 3. All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed. Approved March 7, 1911.
COUNTY AUDITOR.
NOTE — At the next general election each of the above measures or laws will appear on the ballot and each will be followed by the words: "Shall the above measure or law (as the case may be) be- come the law of this State?" Immediately to the left of which will be printed the words, "Yes," "No," each preceded by a square in which the elector may place a cross within such square to indicate his vote. Each elector desiring to vote "Yes," will place a cross within the square before the word "Yes," and those desiring to vote "No," will place a cross within the square before the word "No."
UNIVERSITY OF CALIFORNIA LIBRARY
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