J K
1963
GIFT OF
GENERAL
ELECTION LAWS
OF
MINNESOTA
INCLUDING
The Primary Election Law And Other Acts
BEING CHAPTER 6 OF REVISED LAWS 1905, AND CHAPTERS 92, 134, 149, 214 AND 267 SESSION LAWS 1905, AND CHAPTERS 108, 226, 365, 429 AND 475 SESSION LAWS OF 1907, AND CHAPTERS 64, 76, 95, 125 AND 175 SES- SION LAWS OF 1909.
SECTION NUMBERS CORRESPOND WITH NUMBERS IX 1905 REVISED LAWS.
Official Publication by
JULIUS A. SCHMAHL
Secretary of State.
1910
MC-GILL-WAH.NER co ST. PAUL
GENERAL
ELECTION LAWS
OF
MINNESOTA
INCLUDING
The Primary Election Law And Other Acts
BEING CHAPTER 6 OF REVISED LAWS 1905, AND CHAPTERS 92, 134, 149, 214 AND 267 SESSION LAWS 1905, AND CHAPTERS 108, 226, 365, 429 AND 475 SESSION LAWS OF 1907, AND CHAPTERS 64, 76, 95, 125 AND 175 SES- SION LAWS OF 1909.
SECTION NUMBERS CORRESPOND WITH NUMBERS IN 1905 REVISED LAWS.
Official Publication by
JULIUS A. SCHMAHL
Secretary of State.
1910
' l
QUALIFICATIONS OF ELECTORS.
Amendment to Section i, Article 7, of State Constitution.
Section one (i). What persons are entitled to vote.— Every male person of the age of twenty-one (21) years or upwards, belonging to either of the following classes, who has resided in this state six (6) months next preceding any election, shall be entitled to vote at such election in the election district of which he shall at the time have been for thirty (30) days a resident, for all officers that now are, or hereafter may be, elective by the people.
First — Citizens of the United States who have been such for the period of three (3) months next preceding any election.
Second — Persons of mixed white and Indian blood, who have adopted the customs and habits of civilization.
Third — Persons of Indian blood residing in this state, who have adopted the language, customs and habits of civilization, after an examination before any district court of the state, in such manner as may be provided by law, and shall have been pronounced by said court capable of enjoying the rights of citizenship within the state.
OPINIONS OF ATTORNEY GENERAL.
Under the recently adopted amendment to our Constitution only those ;iro entitled to vote who have been citizens of the United States for three months or more preceding the day of election.
WHO ARE CITIZENS OF THE UNITED STATES WITHOUT ANY ACTION ON THEIR PART?
1. Persons born in the United States, and not subject to the juris- diction of some foreign power; that is, persons born in the United States, no matter what the nationality of their parents unless such parents were here in some capacity as representatives of a foreign nation.
2. Children born in foreign countries but whose fathers became full citizens of the United States before such children reached the age of twenty- one years.
3. A foreign born woman who marries a citizen, or whose husband becomes fully naturalized, is thereby made a full citizen.
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4 THE ELECTION LAWS
HOW TO BECOME CITIZENS.
Except in certain instances hereafter mentioned the applicant must first secure what are known as "first papers" or "declaratory papers," and at least two years must elapse thereafter before final or papers of citizenship can issue. The applicant must have resided in the United States at least five years before final papers can issue.
Aliens who served in the regular or volunteer army of the United States, and who have been honorably discharged, are not required to take out first papers, but may upon petition to the court be made citizens, by proving one year's residence and such honorable discharge, and producing such evidences of good moral character as is required in all cases.
Any alien who became a resident of the United States at the age of eighteen years or under and has continued to reside therein may be made a full citizen at any time after he has been a resident five years and has reached the age of twenty-one years. He is not required to take out declaratory papers.
When one who has taken out "first papers" dies before becoming fully naturalized, his widow and children shall be considered citizens and entitled to all rights and privileges as such upon taking the oath prescribed for those becoming full citizens.
ELIGIBILITY OF WOMEN AS TO SCHOOLS AND LIBRARY BOARDS.
An Amendment to Section Eight (8) of Article Seven (7) of the Constitution of the State of Minnesota.
Sec. 8. Women may vote for school officers and members of library boards, and shall be eligible to hold any office per- taining to the management of schools or libraries.
Any woman of the age of twenty-one (21) years and upward and possessing the qualifications requisite to a male voter, may vote at any election held for the purpose of choosing any offi- cers of schools or any members of library boards, or upon any measure relating to schools or libraries, and shall be eligible to hold any office pertaining to the management of schools and libraries.
The Primary Election Law
And Other Acts
*
BEING
CHAPTER 6 OF REVISED LAWS 1905, AND CHAPTERS 92, 134, 149, 214, 267 ,
SESSION LAWS 1905 AND CHAPTERS 108, 226, 365, 429 AND 475,
SESSION LAWS OF 1907, AND CHAPTERS 64, 76, 95,
125 AND 175, SESSION LAWS OF 1909.
SECTION NUMBERS CORRESPOND WITH NUMBERS IN 1905 REVISED LAWS.
ELECTIONS.
Section 153. General, when held — What" officers chosen — Presidential electors — A general election shall be held in the several election districts on the first Tuesday after the first Monday of November in each even-numbered year. All elect- ive state and county officers, judges of the supreme and dis- trict courts, members of the legislature, and representatives in Congress shall be elected at the general election next be- fore the respective terms thereof shall expire. And at such election held in the year preceding the expiration of a term of President of the United States, presidential electors shall also be chosen.
Sec. 154. Definition of terms — Unless another meaning be clearly indicated by the context, the terms "city" and "village," as used in this chapter, shall mean an incorporated city or vil- lage, and the latter shall include boroughs. "Municipality" shall mean an incorporated place, and "municipal corporation" shall include municipalities, counties, and towns. "Council" shall mean the governing body of a municipality, and "munici- pal election" the election of officers of a municipality. "Peace officer" shall include sheriffs, constables, policemen, and citi- zens appointed and empowered to perform any of their duties. "Judge" and "clerk" shall mean the judges and clerks of elec- tion respectively, "district" an election district, and "voter" an elector qualified to vote at the election or upon the question
6 THE ELECTION LAWS
referred to. "Senator" and "representative" shall mean sen- ators and representatives in the legislature, and "polls" shall include the place of voting. "Contestant" shall mean the per- son who begins any proceeding to contest the result of an election, and "contestee" the party adverse thereto.
Sec. 155. Term of office, when it begins — The term of office of every state and county officer shall begin on the first Monday in January next succeeding his election, unless otherwise pro- vided by law.
Sec. 156. Election districts — How constituted and altered— Each town, each village that is separated from the town for election purposes, and each city ward, shall constitute at least one election district.
No district, when first formed, shall contain more than four hundred male voters, provided, however, that where two voting machines are used in any election district, the said districts, when so framed shall contain no more than six hundred male voters.
And the council or town board shall so divide, consolidate, and re-arrange the districts from time to time that the number of voters in each shall be substantially equal, and not exceed four hundred.
All such changes shall be made by resolution adopted at least six weeks before the next ensuing election, and sixty days post- ed notice thereof shall be given before the change shall take effect.
Provided, that in cities or villages in this state having less than two thousand population, divided into separate wards or when such city or village is so platted so as to be situate in two adjoining counties, the city or village council of such city or village may by resolution adopted at least thirty days prior to any general or special election designate a single voting place in said city or village in which election for the entire city or -village shall be held and one set of election officials presiding thereat shall be sufficient, providing, however, that a separate ballot box for each election district shall be provided, in which the votes of such election district shall be deposited and separate record kept therefor.
OF MINNESOTA FOR 1'JOo. 7
When such single voting place has been so designated, it shall so continue until changed by resolution of said council adopted at least thirty days prior to a subsequent election, (c. 125, c. 175, G. L. '09)
Sec. 157. Map or description to be made and posted — When a ward is so divided, the council shall make a map or descrip- tion of each division, defining it by known boundaries, and file the same with the city or village clerk, who shall keep the same open for inspection at all times, and post copies of the same in at least five of the most public places in each dis- trict. Such council shall furnish copies thereof to the judges for use at the election.
Sec. 158. Notices to be furnished auditors and clerks — Be- tween July i and September i in each election year the secre- tary of state shall cause to be delivered to the auditor of each county a notice, specifying all the officers to be voted for throughout such county at the next general election, and each auditor, on receipt thereof, shall cause a like notice to be de- livered to each town, city, and village clerk in his county.
Sec. 159. Blanks and copies of law, how provided and dis- tributed— At least sixty days before every general election, the secretary of state shall transmit to each county auditor a sufficient number of suitable blank forms for lists, registers, and affidavits, and such other blanks as are required in prep- aration for and conduct of such election; also copies of this chapter, or of so much thereof as pertains to the duties of election officers. The auditor shall forthwith deliver to the clerk of every city, town, and village in his county the necessary copies of each of such blanks, and one copy of the law for each judge.
Sec. 1 60. Special elections, when and how called and con- ducted— Whenever, by reason of a tie vote, there shall be a failure to elect any state or county officer, member of the legis- lature, or representative in Congress, and whenever any va- cancy occurs in any of such offices which is not otherwise pro- vided for, the governor, within ten days after he is informed of such failure or vacancy, shall issue a proclamation directing a special election to be held, at a time therein specified not more than twenty days from the date thereof, to fill such office. One copy of such proclamation shall be mailed to the
8 THE ELECTION LAWS
auditor of each county wherein such special election is to be held. But if the vacancy occur in the office of representative in Congress or member of the legislature, and there be no ses- sion of the Congress or legislature between the happening thereof and the next general election occurring twenty-eight or more days thereafter, the vacancy shall be filled at such gen- eral election. Such special election shall be called, held, and conducted, and the returns thereof made and canvassed, in the same manner as in the case of general elections ; and within fifteen clays thereafter the auditor shall transmit a statement of the vote cast thereat to the secretary of state.
Sec. 161. Vacancy after division of district, who may vote — No change in the boundaries of any legislative district shall be effective as to any election to fill a vacancy in the repre- sentation therefrom when the term of the office which has become vacant commenced before such change was made.
Sec. 162. Printed instructions to voters — Uniform instruc- tions to voters, printed in large type upon cards or heavy paper, shall be furnished by the secretary of state to the auditor of each county, containing such information as will enable the voters quickly and correctly to designate their choice. Whenever the auditor of any county shall notify the secretary of state that such instructions are also needed in any specified foreign language, the secretary shall furnish the same. Such cards shall be sufficient in number to allow one for each booth, and four additional for eacli district; and the auditor shall de- liver such cards to the city, village, and town clerks in his county, who shall cause one to be posted in each booth, two in the polling room, and two on the outside of the building in which the voting takes place.
Sec. 163. Duty of officers—Proclamation by mayor — The mayor and all peace officers shall see that the law in relation to the sale and use of intoxicating liquors on election days is strictly enforced, and the mayor of each city, on the day pre- ceding any election therein, shall issue a proclamation that the same will be so enforced ; but the failure to issue such proclama- tion shall not exempt any person violating said law from the penalties thereof.
Sec. 164. Sample ballots— Notice — All ballots shall be print- ed as hereinafter prescribed, except where voting machines
OF MINNESOTA FOR 1905. 1)
have been provided. At least three weeks before any general election, the secretary of state shall mail to the auditor of each county sample copies of the official state ballots, and at least two weeks before such election the auditor shall cause one week's published notice to be given of the contents of the official ballots for state and county officers. (24; '95 c. 275)
Submit to vote — Separate ballot box — All questions relating to the adoption of a city charter or any amendments thereto, or any proposition for the issuance of -bonds, by any munici- pality as provided for by any statutes of this state enacted in pursuance of section 36 of article IV. of the Constitution of Minnesota, submitted at any election to the electors of the municipality, shall be printed on one separate lavender colored ballot and shall be prepared, printed and distributed under the direction of the city clerk at the same time, and in the same manner as other city ballots. Such ballots, when voted, shall be deposited in a separate ballot box, painted in a laven- der color, to be procured by the local authorities for each voting precinct. Such ballot shall be canvassed, counted and returned and the result thereof declared in the same manner as other city ballots. The person under whose direction tally sheets and blanks for election returns are printed shall print such tally sheets and blanks for election returns in such man- ner as to provide appropriate spaces and columns for count- ing, canvassing votes and making proper returns for the ques- tion so placed on such lavender colored ballot. (1905 c. 87)
Sec. 165. White ballot — Contents — How provided and dis- tributed— There shall be one ballot on plain white paper, called in this chapter the "white ballot," upon which the names of all candidates for offices to be voted for throughout the state shall be printed. It shall be prepared under the direction of the secretary of state, and bound in blocks of fifty; and a suffi- cient number thereof to enable the clerks to comply with the provisions of this chapter shall be by him forwarded by ex- press to the auditor of each county at least fifteen days before the election, and receipts, stating the number and date when received, taken therefor. On the fourth Tuesday preceding the day of election, the secretary of state shall file a sample thereof in his office for public inspection. (25; '97 c. 190)
10 THE ELECTION LAWS
Sec. 1 66. Pink ballots for constitutional and other ques- tions— The secretary of state shall also prepare and distribute a ballot printed on pink paper, hereinafter called the "pink ballot," upon which all propositions and questions to be voted upon throughout the state shall be so printed that the voter may conveniently indicate by a mark (X) either a negative or an affirmative answer to each. Such ballots shall be de- posited in a separate box, painted pink. They shall be counted, canvassed, and returned as in the case of the white ballots, and the tally sheets and return blanks shall provide suitable columns and spaces therefor. ('03 c. 251)
Sec. 167. Red ballot for city elections — There shall be one ballot on red paper, hereinafter called the "red ballot," upon which the names of all candidates for city offices, and all ques- tions and propositions relating exclusively to city affairs, shall be printed. It shall be prepared under the direction of the city clerk, and bound in blocks of fifty, and together with the other ballots and the instructions provided for in this chapter, shall be by him delivered to the judges of election for each polling place, and a receipt taken therefor, stating the num- ber of each color and the date when received. On the Tues- day next preceding election day, such clerk shall file a sample printed ballot in his office for public inspection.
Sec. 1 68. Blue ballots — Contents — How furnished and dis- tributed— There shall be one ballot on blue paper, called in this chapter the "blue ballot," upon which shall be printed the names of all candidates for office, and all questions and prop- ositions to be submitted, except those required to be placed on other ballots. It shall be prepared under the direction of the county auditor, and, together with the white and pink bal- lots, shall be delivered by such auditor to the proper clerks in sufficient quantities to enable them to comply with the pro- visions of this chapter. The auditor shall give timely notice by mail to the clerks of the time when the official ballots will be ready ; and such clerks, on the Thursday next preceding election day, shall go to the county seat and receive them, and give receipts therefor, stating the number of each and the date when received. On the second Thursday preceding electior day, the auditor shall file a sample of such ballot in his offia for public inspection.
OF MINNESOTA FOR 1905. 11
Shall be sent by mail or express — Wherever the primary and general election laws now provide that the village and town clerks and judges of election in unorganized towns, go to the county seat and receive the official ballots hereafter the auditor of each county shall, at least- one week before the day of election, send by registered mail or express to the village and town clerks and judges of election, the official ballots that each is entitled to receive ; also, sealing wax, stamp, and the necessary postage to register and mail the election returns and other papers, as provided in section two (2) of this act.
Return to county auditor — And wherever the said election laws require the election returns and other papers to be deliv- ered to the county auditor by one of the judges or other man- ager hereafter such returns and other papers shall, in the pres- ence of all the judges of election, be deposited in duplicate, each in a separate envelope, one of which shall be sewed by drawing a substantial twine through said envelope and said returns, and tying the ends of said twine together, and then seal said envelope, with a stamp furnished by the county au- ditor, in three places, having one of the seals over the knot in said twine. Said judges shall designate one of their number to take within- twenty-four hours, said envelopes, containing said election returns and other papers, to the nearest post- office, and cause them to be registered and mailed to the county auditor at his office. The person mailing such election returns and other papers shall receive for his compensation the sum of one dollar, and also ten cents per mile for each mile necessarily traveled in going to and returning from the postoffice where such election returns were mailed ; said compensation to be paid out of the county treasury.
Should the judge of election so designated fail to register and mail said election returns and other papers within the time herein specified he shall be deemed guilty of a misdemeanor, and punished accordingly.'
Provided, however, that this act shall not apply to election districts where the place of holding the polls is within ten (10) miles of the office of the county auditor by the nearest traveled route. (1905 c. 214)
Sec. 169. Number of ballots provided — At least one hun- dred ballots of each kind to be voted shall be provided by the
12 THE ELECTION LAWS
clerk for each polling place for every seventy-five voters there registered at the preceding election. If for any known reason a greater number may be needed, sufficient additional ballots shall be furnished.
Sec. 1 70. General description of ballot — Uniformity required — All ballots shall be printed with black ink on paper of suffi- cient thickness to prevent the printing thereon from being discernable from the back ; all ballots of the same color shall be substantially uniform as to style, size, thickness, and shade of color; and the same type shall be used for the names of all candidates on the same -ballot. Whenever ballots of any class are printed on paper of the same general tint, but varying in shade, those used in any one district shall be of the same shade.
Sec. 171. White and pink ballots — General description — The white and pink ballots shall be not less than four nor more than six inches wide, and asl ong as the list of candidates to be voted for or the questions submitted may require, and shall contain, in such order of precedence as the secretary of state shall direct, conformably to this chapter, the official title of all offices proper to be placed thereon, followed by the names of the candidates for each. Such ballots shall be headed by the words "State Ballot" in heavy-faced plain letters, not smaller than long primer nor larger than great primer, with a heavy rule above 'and below the same.
Sec. 172. Same— rNames, etc., how printed — The name of each candidate and of the office to be filled shall be printed at right angles with the length of the ballot, in plain Roman type, not larger than long primer nor smaller than brevier; the name of each candidate in capital letters, preceded on the same line ^by the title of the office in capitals and small letters. Except in case of presidential electors each name shall be fol- lowed on the same line, in upper and lower case letters, by the party designation of the candidate. At the right of and on a line with such names and designations, near the margin, there shall be a space so inclosed by rule work as to make a square three-eighths of an inch in size, in which the voter may designate his choice by a mark (X). Above and below each name shtdl be printed across the ballot a light line, except that above and below each office a heavier line shall be so printed. Below the name of the last-named candidate for each office
OF MINNESOTA FOR 1905. 13
shall be placed as many blank lines as there are offices of the kind to be filled, preceded by the title of such office. The spaces for the names of candidates shall be three-eighths of an inch wide. At right angles with such lines and at the right of the small squares shall be printed opposite each office the words "Vote for one," or "Vote for two," or more, according to the number to be elected.
Sec. 173. Same — Written names — Party precedence — Like squares shall be placed at the right of the blank lines, and on such lines the voter may write the names of persons for whom he desires to vote whose names are not printed, and in the square opposite the same he may make marks as in the case of printed names. The first name printed for each office, or group of names if more than one is to be voted for the same office, shall be that of the candidate of the political party which at the last preceding general election polled the largest number of votes, the same to be determined by the average vote re- ceived by such of its candidates as were not indorsed by any other party; and, in case all of the state candidates of any political party were indorsed or renominated by another party, the position of the candidates of either such nominating or indorsing party shall be determined by taking the average vote of its candidates at the last preceding election wherein they were not so indorsed. In like manner the second and succeed- ing lines shall be filled with the names of candidates of the other political parties receiving respectively the highest number of votes.
Sec. 174. Same — Nominees by petition — Instruction to vot- ers— The names of candidates nominated by petition shall fol- low those of candidates of conventions in the order in which the petitions are filed. Each such ballot shall contain, above the first name thereon, the words "Put a cross (X) opposite the name of each candidate you wish to vote for, in the square indicated by the arrow," and on a line with such words and over such squares shall be printed a small arrow, or point there- of, pointing downward.
Sec. 175. Same — Presidential electors — Groups voted for to- gether— When presidential electors are to be voted for, the candidates of each party therefor shall be grouped and printed together, the names of each group to be arranged in the order
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in which they were filed. The political or party designation shall be printed as in the case of other candidates, and the entire group of electors of each party shall be inclosed by a scroll or bracket, to the right and opposite the center of which shall be printed in bold type the surname of the presidential candidate represented. To the right of and on a line with such surname, near the margin, shall be placed a square, in which the voter may indicate his choice by a mark (X), and one such mark opposite a group of presidential electors shall be counted as a vote for each elector in such group. The relative position of the several groups shall be determined by the rules ap- plicable to other state officers. The groups of electors shall be separated by a blank space at least one inch in width, and no blank lines shall be printed therein as in the case of other candidates or groups. Above the names of the electors shall be printed in bold type, "Presidential ticket, vote once oppo- site group." The state ballot, with the required heading, shall be printed below the electors, with a blank space between, one inch in width. (30; '01 c. 109)
Sec. 176. Party name — Use of on ballot — A political party which has adopted a party name, and whose state candidates, or any of them, polled at the preceding general election at least one per cent, of the vote cast, shall be entitled to the exclusive use of such name for the designation of its candi- date on the official ballot, and no candidate of any other party shall be entitled to have printed thereon as a party designa- tion any part of such name. Nor shall any person be named on the official ballot as the candidate of more than one party, or of any party other than that whose certificate of his nomina- tion was first properly filed. (30; '01 c. 312; '03 c. 232)
Sec. 177. Form of other ballots — The blue and red ballots shall be prepared and printed as nearly as may be in the same manner as the white, and, when a general election is to be held at the same time, the several tickets shall be arranged in the same order as on the white ballots, regardless of the vote polled in any particular county or municipality. When not held in conjunction with a general election, the local party tickets shall be placed on the ballot in the order of the vote polled by the parties at the last general election within the territory in which the election is to be held.
OF MINNESOTA FOR 1905. 15
Sec. 178. Ballot, how printed on back — On the back of each ballot shall be printed, in plain type not smaller in size than great primer, the words "Official Ballot," the date of the elec- tion, a facsimile of the official signature of the officer under whose direction the ballot is printed, and lines for the initials of two judges of election. Such printing shall be so placed as to be visible when the ballot is properly folded for deposit. (32; 'or c. 88 c. i)
Sec. 179. Ballot to contain only candidates properly nom- inated— Only the names of duly nominated candidates shall be placed upon the ballots, and no ballot shall be furnished to the judges of any district which contains the name of a can- didate who cannot properly be voted for therein.
Sec. 1 80. Rotation of names, when required — Whenever two or more persons are to be elected to the same office, the names of all candidates of the several political parties for such office shall be so alternated on the ballots used in each election dis- trict that they shall appear thereon substantially an equal number of times at the top, at the bottom, and in each inter- mediate place, if any, of the list or group in which they belong. All officers charged with the preparation and distribution of such ballots shall cause the printer's forms to be so transposed and the blocks of ballots to be so made up as to carry out the intent hereof: Provided, that nothing in this section shall apply to the office of presidential elector. (34; '01 c. 88 s. 3)
NOMINATIONS BY DIRECT VOTE.
Sec. 181. Primary election— Purpose — Time of holding — Notice — On Tuesday, seven weeks preceding any election, an election of party nominees, hereinafter designated as the "pri- mary election," shall be held in each election district for the selection of party candidates for all elective offices, except offices of towns, villages and cities of the fourth class, and state offices, and members of school, park and library boards in cities having less than one hundred thousand inhabitants. Every town, city and village clerk shall give at least fifteen days' posted notice of the time and place of holding the same, of the hours during which the polls will be open, and of the
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offices for which candidates are to be nominated. The day of such primary election shall be the first day of registration. ('99 c. 349 ss. i, 7; '01 c. 216 s. i)
Sec. 182. Political party defined — Nominations, how made — A political party, within the meaning of this chapter, is one which shall have maintained in the district or territorial divi- sion in question a party organization, and presented candidates for election, at three or more biennial elections within the pre- ceding ten years; or whose members, to a number equal to at least ten per cent, of the total number of votes cast at the preceding general election in the county where the applica- tion is made, shall present to the auditor a petition for a place upon the primary election ticket. Candidates for office shall be chosen by the several political parties at such primary election, and not otherwise ; but nothing herein shall prevent the nomina- tion of candidates by groups, individuals, or so-called political parties which cannot be recognized as such, by certificate of voters to the number hereinafter specified. ('99 c. 349 s. 2)
Sec. 183. Election districts for primary elections — The pri- mary election shall be held, in the several districts established for the election next ensuing, at the place where the last elec- tion was held, or such other place as may be lawfully fixed. All officers required by law to establish, divide, or combine election districts shall perform their duties in that behalf at least two weeks prior to such election. The maps or descrip- tions of districts shall be posted at least one week preceding such election, and copies thereof shall be furnished to the judges of election. ('99 c. 349 ss. 3, 7)
Sec. 184. Names of candidates, when placed on primary ballot — At least twenty days before the primary election, any person eligible and desirous of having his name placed upon the primary ballot as a candidate for any office, shall file his affidavit with the secretary of state when to be voted for in more than one county, and with the county auditor when in a single county, stating his residence, that he is a qualified voter in the subdivision where he seeks a nomination, the name of his party, and the office for which he desires to be a candi- date ; that he affiliated with said party at the last general elec- tion, and, either that he did not vote thereat or voted for a majority of the candidates of said party at such election and
OF MINNESOTA FOR 1905. 17
intends to so vote at the ensuing election. Upon payment by such candidate to the secretary of state of twenty dollars, if for any office to be voted for in more than one county, or if for any office to be voted for in only one county, upon pay- ment of ten dollars to the county auditor thereof, the county auditor shall place the name of such candidate upon the primary election ballot of the party designated ; provided, however, that candidates for the legislature shall pay ten dollars only to the secretary of state when the affidavit or petition is filed with him and ten dollars to the county auditor when filed with him. (c. 95, G. L. 1909)
Sec. 185. Order of filing — Fees, how disposed of — The sec- retary of state and county auditor respectively shall number each affidavit and petition in numerical order as received. The auditor shall immediately pay to the city treasurer all fees paid by candidates for city offices, and all other fees received from candidates to the county treasurer. Immediately after the last day for filing nomination affidavits or petitions, the secretary of state shall divide the amount of all fees paid to him by candi- dates equally between the counties within which such candi- dates are to be voted for, and certify such division to the state auditor, who shall issue warrants therefor on the state treasurer for the amount due to each county, (c. 95, G. L. 1909)
Sec. 1 86. Voting to be by ballot — Sample ballot — All vot- ing at a primary election shall be by ballot. On the nineteenth day before a primary election the secretary of state shall cer- tify to the auditors of the several counties the names of all nominees to be voted for within such counties whose certifi- cates have been properly filed with him, and on the fourteenth day before such primary each auditor shall group all candi- dates of each party by themselves, and prepare for public in- spection a separate sample ballot for each party. The names shall be arranged alphabetically according to the surnames, and he shall post the sample ballot in a conspicuous place in his office, and give two weeks' published notice thereof. One sample ballot only of each party shall be printed for any county, and thereon shall be placed the names of all candidates to be voted for in such county. Each ballot shall be headed by the party name, the words "Primary Election Ballot," the names of the county and state, and a facsimile of the official signature
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of the auditor preparing it. Otherwise the ballot shall be arranged in the same general manner as the ballot used at elec- tions, with suitable divisions and explanatory notes. Only one sample ballot for each party need be printed for any city, and thereon shall be placed the names of all the candidates to be voted for in the entire city, those to be voted for in any single ward being indicated by the words and figures "ist Ward/' "2nd Ward," and so on. At the foot of the ballot shall be placed the heading "Ballot for Women," under which shall be placed the names of candidates to be voted by women. ('99 c. 349 s. 5; '01 c. 216 s. 3)
Sec. 187. Preparation of ballots — Rotation of names — The auditor shall have printed a sufficient number of separate pri- mary election ballots for each political party, varied as may be necessary for the several. districts and wards. The names of candidates, under headings designating each official position, shall be alternated on the ticket in the printing as in the case of election ballots. There shall be no printing on the back of the ballots, or any mark to distinguish them except the initials of the judge or clerk. ('99 c. 349 s. 6)
Sec. 1 88. Election officers to act at primary election — The judges and clerks of election shall act on the day of such pri- mary election both as judges and clerks of such election and as registration officers, and vacancies may be filled and additional appointments made as in the case of elections. They shall re- ceive no additional pay on account of such extra service. ('99 c. 349 s. 8)
Sec. 189. Register — The blanks provided for registration of voters for general elections shall have an additional column, headed "Voted, Primary Election," and be used at such elec- tion. No names of voters shall be placed upon said register prior to the day of such election, nor shall any be placed there- on upon said day, in any city, except the names of those who appear in person before the boards of registration for that pur- pose. ('99 c. 349 s. 8)
Sec. 190. Polling places— Peace officers — Ballot boxes — So far as they shall be applicable, all provisions of this chapter re- lating to the location and arrangement of polling places, peace officers, procuring registers, ballots, boxes, and other supplies, opening polling places, and in reference to challengers and
OF MINNESOTA FOR 1905. 19
gatekeepers, shall apply to primary elections; except that only one ballot box for men and one for women shall be required. .('99 c. 349 ss. 13, 14)
Sec. 191. Hours for voting — The polls shall be kept open from 6 o'clock a. m. until 9 o'clock p. m., and the officers shall remain in session during th'e same hours for the registration of voters. If at the hour of closing there are any voters in the polling place, or in line at the door, who are qualified to register and vote, and have not been able to do so since appear- ing, the polls shall be kept open a sufficient time to enable them to register and vote. But no one not present at the hour of closing shall be entitled to register and vote, although the polls were not closed when he arrived. No adjournment or inter- mission shall be taken except as provided in the case of elec- tions. ('99 c. 349 s. 15)
Time for keeping polls open — All present may vote — The polls in the several election districts on the primary election day shall be kept open for the purpose of voting, and the same officers shall remain in session for the purpose of registration of voters, for the same length of time, which shall be from nine (9) o'clock in the morning until nine (9) o'clock in the evening, in towns, and from six (6) o'clock in the morning until nine (9) o'clock in the evening in cities and villages and in places where incorporated villages and townships are one election precinct. If at the hour of closing there are any elect- ors in the polling place, or in line at the door, desiring to vote, and who are qualified to register and participate therein, and have not been able to do since appearing at the polling place, said polls shall be kept open reasonably long enough after the hour for closing to allow those present at that hour to register and vote. No one not present at the hour of closing shall be entitled to register and vote because the polls may not actually be closed when he arrives.
Announcing result — No adjournment or intermission what- ever shall take place until the polls shall be clsed and until all the votes cast at such polls have been counted and the result publicly announced; but this shall not be deemed to prevent any temporary recess while taking meals or other necessary
20 THE ELECTION LAWS
delay, provided that the board shall remain in session and that no more than one member of the board of election shall at any time be absent from the polling place. (1905 c. 92)
Sec. 192. Qualification of voters — Manner of voting — Every person qualfied as a voter may register therein and vote at such primary election. Having registered, and, in case of challenge, the same having been determined in his favor, he shall be entitled to a ballot of the political party whose candidates he shall declare (under oath if his right thereto is questioned) that he generally supported at the last election and intends to support at that next ensuing, except that when voting for the first time he shall not be required to declare his past political affiliation. Such ballot shall be so indorsed with the initials of two of the judges that the same will show when folded. He shall be instructed by one of the judges as to the proper method of marking and folding his bollot, and shall then retire to an unoccupied booth, and without undue delay mark the same with the indelible pencil there found. If he shall spoil or deface such ballot he shall at once return the same and re- ceive another. ('99 c. 349 ss. 16, 17; '01 c. 216 s. 4)
Sec. 193. Marking primary ballots — The voter shall desig- nate his choice on the ballot by marking a cross (X) in the small square opposite the name of each candidate for whom he wishes to vote. If he shall mark more names than there are candidates to be nominated for any office, or if for any reason it be impossible to determine his choice for any office, his ballot shall not be counted for such office ; but the rest of his ballot, if properly marked, shall be counted. No ballot shall be rejected for any technical error which does not render it impossible to determine the voter's choice, even though such ballot be somewhat soiled or defaced. ('99 c. 349 s. 17)
Sec. 194. .Folding and depositing ballot— When a voter has marked his ballot, he shall fold it so that its face will be con- cealed and only the initials on the back be visible, and hand the same to the judge in charge of the boxes. Such folded ballot shall be placed in the proper box, and the name of the voter checked upon the register in the column headed "Primary Elec- tion." So far as applicable, all provisions of this chapter re- lating to false registration, defacing posted lists, time allowed employes for voting, ballots, noting room, removal from dis-
OF MINNESOTA FOR 1905. 21
trict, regulations at polling places, challenge of voters, rules for marking ballots, methods of voting, violations of such pro- visions, and penalties, shall be observed and enforced. ('99 c. 349 s. 18; '01 c. 216 s. 5)
Sec. 195. Preliminary to canvass — As soon as the polls are closed, and before the boxes are opened, the judges and clerks shall prepare upon a blank furnished by the auditor a state- ment substantially as follows : "Poll-list statement of primary election held in (name of election district, town, village, or city, and date). The number of persons whose names appear upon the register as present at the above named primary election
was , of whom .' were
women. The number of ballots cast by men was ,
and the number cast by women was > ." Such
statements shall have the blanks for numbers filled by words and figures,. and shall be signed by each judge and attested by each clerk. Such judges and clerks shall place in the register column headed "Voted, Primary Election," the word "No" opposite the name of every person who did not vote. ('99 c. 349 5. 19)
Sec. 196. .Canvass of votes — They shall then take the bal- lots from the boxes, count those cast by each party, place them in a separate pile and fasten them together, count all the votes for each party separately, certify to the number of votes cast for each party candidate for the several offices, and replace the counted ballots in a box together. They shall seal the returns for all parties in one envelope and return the same to the au- ditor. Except as herein otherwise provided, all the provisions of this chapter relating to the count, canvass, and return of votes shall be applicable. ('99 c. 349 s. 20; '01 c. 216 s. 6)
Sec. 197. Tally sheets and returns — The auditor shall fur- nish to each district, with the ballots, two books or sets of tally sheets for each political party having candidates to be voted for. Each sheet or book shall be headed : "Tally sheet for
(name of political party),
(name of city or village) (county)
(ward or town), election district, for a primary
election held (date)." The names of candi- dates shall be placed on the tally sheets in the order in which
22 THE ELECTION LAWS
they appear on the official sample ballots, and in each case shall have the proper party designation at the head thereof. ('99 c. 349 ss. 21, 22)
Sec. 198. County canvassing board — The county canvassing board shall consist of the clerk of the district court, auditor, and chairman of the county board, together with two justices of the peace of the county selected by a judge of the district court from political parties opposed to that of the majority of those above mentioned, when possible. But no candidates for a nomination shall serve on said board, and the places of any so disqualified shall be filled by such judge by the. appointment of qualified voters not holders of any public office. Such board shall meet at the court house at 10 o'clock a. m. on the second day after the primary election, take the oath of office, and pub- licly canvass the returns made to the auditor. Three members shall constitute a quorum, and it shall complete the canvass by the evning of the third day following the primary election. ('99 c. 349 s. 23; '01 c. 216 s. 7)
Sec. 199. Same — Report — The canvassing board shall pre- pare, sign, and file with the county auditor the following re- port:
1. A separate statement for each political party of the names of all candidates thereof voted for at the primary elec- tion, with the number of votes received by each, and for what office.
2. A separate statement of the names of the candidates of each political party who are nominated; that is, the candidates in each party who received the highest number of votes for the respective nominations.
3. A statement of the whole number of voters registered, and the number of ballots cast at such primary election, men and women separately.
Whenever two or more candidates of the same party receive an equal number of votes for the same nomination, the board shall determine the tie by lot. Upon the completion of the canvass, and on or before 10 o'clock a. m. on the fourth day succeeding the canvass, the auditor shall certify to the secre- tary of state the vote, as shown by such report, for all candi- dates to be voted for in more than one county, and shall mail or deliver, to each nominee to be voted for in his county alone,
OF MINNESOTA FOR 1905. 23
a notice of his nomination, and that his name will be placed upon the official ballot upon payment of the legal fee within the time therein named, the amount of which fee shall be stated. ('99 c. 349 s. 24; '01 c. 216 s. 8)
Sec. 200. State canvassing board — The state canvassing board, as constituted for canvassing the returns of general elec- tions, shall open and canvass the returns of a primary election made to the secretary of state, at the usual place and hour of meeting, on the seventh day after such primary election. It shall determine ties between candidates as in the case of gen- eral elections. Upon the completion of the canvass, the secre- tary of state shall certify to the several auditors the names of the persons found to be nominated, and mail to each nominee a notice of his nomination, and that his name will be placed upon the official ballot upon the payment of the required fee, the amount of which shall be stated. ('99 c. 349 s. 24; '01 c. 216 s. 8)
Sec. 20 1. Nominees of political parties — The persons certi- fied by such canvassing boards to be nominated shall consti- tute the nominees of the several political parties, and their names shall be printed upon the official ballots prepared for the ensuing election in like manner as if such persons had been duly nominated by party conventions of delegates, with the certificate thereof filed as required by law. But no name shall be placed upon such ballot unless the required fee is paid. ('99 c. 349 s. 25; '01 c. 216 s. 9)
Sec. 202. Review by courts — Whenever it shall be made to appear by affidavit to any judge of the supreme court, or of the district court of the proper county, that an error or omission has occurred or is about to occur in the placing of any name on an official primary election ballot, that any error has been or is about to be committed in printing such ballot, or that any wrongful act has been or is about to be done by any judge or clerk of a primary election, county auditor, canvassing board, member thereof, or other person charged with any duty con- cerning the primary election, or that any neglect of duty has occurred or is about to occur, such judge shall order the officer <>r person charged with such error, wrong, or neglect to forth- with correct the error, desist from the wrongful act, or perform
24 THE ELECTION LAWS
the duty, or forthwith show cause why he should not do so. Failure to obey the order of such judge shall be contempt of court. ('99 c. 349 s. 27)
Sec. 203. Contests for nomination — Any candidate at a pri- mary election desiring to contest the nomination of another candidate for the same office may proceed by affidavit within five days after the completion of the canvass, as specified in section 202 ; and the contestee shall be required by the order of such judge to appear and abide the further order of the court made therein. ('99 c. 349 s. 27)
%- NOMINATION BY CONVENTION.
Sec. 204. Delegates, how and when selected — Notice — Can- didates whose nominations are not required to be made by a primary election may be nominated by a delegate conven- tion called for the purpose. The authorized county or city committee of any political party, at least twenty days before the time fixed for the election of delegates, shall give two weeks' published, and at least six days' posted, notice of pri- maries for the purpose of electing the number of delegates to which each district is entitled, and of the offices for which nominations are to be made. Except as otherwise especially provided, such primaries shall be conducted in accordance with the provisions of this chapter relating to primary elections, in so far as the same can be applied. All such primaries shall be held at the regular polling places, and those of each county on the same day, at an hour thereof between 2 and 9 o'clock p. m. appointed by the committee calling the convention, and shall be kept open for at least one hour. ('95 c. 276 ss. 2, 4)
Sec. 205. Conventions to elect delegates — When the dele- gates so chosen are to form a convention for the election of delegates to a state convention or to that of a district of the state larger than a county, the party conventions of the sev- eral counties shall all be held on the same day. Such state or district conventions shall be called by the authorized party committee of such state or district, substantially as prescribed in section 204, and the day for holding the county conventions shall be named in the call. ('95 c. 276 s. 8)
OF MINNESOTA FOR H>o:>. -j:>
Sec. 206. Conduct of election — At the hour appointed for holding such primaries the chairman or secretary of the party committee of the district, or, if neither be present, some mem- ber of the party who is a voter in the district, shall call the meeting' to order. Those present and qualified to vote at such election shall choose from their number, viva voce, a chairman, clerk, and two judges of the election. The delegates shall be chosen by ballot, and each may contain as many names as there are delegates to be elected from the district. If more be placed thereon, the ballot shall be void. Those receiving the high- est number of votes shall be declared elected, and, if there be a tie, the judges and clerk shall determine it by lot. ('05 c. 276 s'. 4; '97 c. 125)
Sec. 207. Same — Who may vote — Change of party — The
chairman shall preside, and may administer the oath to the judges and clerk and to those whose right to vote is chal- lenged. Only those shall vote at the primary who affiliated with the party at the preceding general electron; but if any voter of the district shall satisfy the judges by his oath that he did not vote at the last general election or voted and affiliated with the political party holding such primaries at the last gen- eral election and intends to so vote and affiliate at the ensuing election, his vote shall be received. No person shall vote for the delegates of more than one party in any calendar year. (95 c. 276 ss. 4, 5)
Sec. 208. Same — Announcing result — Certificates and lists — The clerk shall keep a record of the proceedings of such pri- mary, and may administer the oath to the chairman. The judges shall receive and count the ballots of all having the right to vote at the primary, and none others. They shall record the names and addresses of all persons voting. Both judges and clerk shall subscribe the oath required of judges and clerk of elections. At the closing of the polls they shall count the ballots and report the same to the chairman, who shall publicly announce the result forthwith. The chairman and clerk shall then furnish each delegate elected with a cer- tificate of his election, and transmit to the chairman of the committee calling the primary a list of the names and addresses of the persons who voted thereat. ('95 c. 276 s. (> )
2tf THE ELECTION LAWS
Sec. 209. Provisions not applicable in certain cases — The
provisions of this chapter relating to conventions shall not apply to primaries in villages, towns, or school districts. The provisions relating to notice of delegate primaries shall not apply to the choice of delegates to a convention held to nom- inate candidates to be voted for at a special election, but such conventions, and the elections to choose delegates thereto, may be called and held in such manner, and at such times and places, as the proper party committees may determine. ('95 c. 276 s. 2; '97 c. 137)
Sec. 210. Vacancies — If an elected delegate for any reason fails to serve, his place shall be filled, from the voters of his party in his district, by the remainder of the delegation. If no such voter be present at the convention, the delegates present may cast the full vote. And, if an entire delegation shall fail to attend, the convention may select qualified voters of the party residing in the district, if such be present, to act in lieu thereof. ('95 c. 276 s. 9)
Sec. 211. Nominations — How certified — The certificate of nomination of a candidate selected by convention shall be signed and certified by the presiding officer and secretary thereof, who shall also take and subscribe an oath that the facts stated in the certificate are true ; and the secretary shall immediately deliver such certificate of nomination to the officer charged with directing the printing of the ballots upon which the name is to be placed; and, in case he shall neglect to do so, he shall be guilty of a misdemeanor.
Sec. 212. Convention denned — A convention, within the meaning of this chapter, is an organized body of delegates, representing a political party, assembled for the purpose of nominating candidates for office, which party at the last gen- eral election before the holding of such convention polled at least one per cent of the entire vote cast in the state, county, or other district for which the nomination is made.
NOMINATION BY VOTERS.
Sec. 213. Certificate — Number of signatures — The certificate of the nomination of a candidate otherwise than by conven- tion or primary shall be signed by voters resident within the
OF MINNESOTA FOR 1905. 27
district or political division from which the candidate is pre- sented, to the numbers following, respectively: If for a state office, one per cent, not exceeding two thousand; if for a con- gressional or judicial district office, five per cent, not exceed- ing five hundred; if for any other office, ten per cent; such per- centages in each case being of the entire vote cast at the last preceding election. Such certificate shall be filed in the same manner as that of a convention. A defeated candidate at the primary election shall be ineligible for nomination for the same office under the provisions of this section. ('95 c. 135)
Certificates of nomination — The certificate of nomination of a candidate selected otherwise than by convention of dele- gates shall be signed only after the holding of the regular pri- mary election by electors resident within the district or political division from which the candidate is presented, as follows:
Per cent of signatures — If for a state office on a state ticket equal to one per cent (i per cent) of the entire vote of the state cast at the last preceding general election; if for a con- gressional or judicial district office, by five per cent (5 per cent) of the entire vote cast in any such district at the last preceding general election ; and if for a county, legislative or municipal office, by ten per cent (10 per cent) of the entire vote cast in any such county, city, village, ward or other election district at the last preceding general election.
Provided, that the number of signatures required shall not exceed two thousand (2,000) for any state office, nor five hun- dred (500) for any congressional or judicial district, nor for any other office. (1905 c. 134)
Sec. 214. Form of certificate — Such certificate of nomina- tion, which may consist of one or more writings, shall contain the name of the person nominated, the office for which he is nominated, the party or political principle he represents, ex- pressed in not more than three words, and his place of resi- dence, with street and number thereof, if any. In case of presi- dential electors, the names of the candidates for President and Vice-President may be added to the party or political appella- tion.
Sec. 215. But one name in certificate — Petitioners, how lim- ited— All nominating certificates containing the names of more than one candidate shall bi^oid. No person shall sign a cer-
28 THE ELECTION LAWS
tificate of nomination by voters until after the date of the pri- mary election. No person who has voted at a primary shall be eligible as a petitioner for any nomination to an office for which nominees were voted upon at such primary. Nor shall any person join as a petitioner in nominating more than one candidate for the same office, unless more than one person is to be elected thereto ; in which case, if eligible, he may peti- tion for as many candidates therefor as there are persons to be chosen. ('03 c. 90)
Sec. 216. Oath of signers — Following the facts requited to be stated in each certificate signed by voters, shall be written or printed an oath in the following form : "I solemnly swear (or affirm) that I know the contents and purpose of this cer- tificate, and signed the same of my own free will." Each signer, at the time of signing, shall be sworn as aforesaid.
GENERAL PROVISIONS.
Sec. 217. Vacancy after nomination — If a vacancy occurs after nominations have been made, it may be filled at any time, before the official ballot is posted, by filing with the proper offi- cer a nomination certificate, in form and substance as herein- before provided, executed by the chairman and secretary of the proper committee of the. party making the original nomination, under such regulations, if any, as the convention shall have adopted ; otherwise under the direction of such committee.
Sec. 218. Vacancy after printing ballots — If the ballots have been printed, the proper committee may fill such vacancy by nomination, and the chairman thereof may supply the judges in each district in which such candidate is to be voted for with a number of " adhesive pasters, containing only the name of such candidate, at least equal to the number of ballots fur- nished ; but no pasters shall be delivered to, or received by, any person whatever except such judges, who shall person- ally affix one in the proper place on each ballot before placing their initials thereon. If such vacancy occur before the official ballots have been distributed by the secretary of state, county auditor, or city clerk, such pasters may be delivered to such officers, who shall transmit them with the ballots; and the judges, on receiving the same, shall affix them as hereinbefore provided.
OF MINNESOTA FOR 1905. 29
Sec. 219. Candidates in more than one county nominated by voters — Whenever the nomination of a candidate to be voted for in any district larger than a single county is made by voter's certificate, the original thereof shall be filed with the auditor of the county where the candidate resides, and such auditor shall certify as many copies thereof, if presented to him, as there are other counties in the district, one of which certified copies shall be filed within the proper time with the auditor of each such county, and shall be authority for such auditor to place the name upon the blue ballots.
Sec. 220. Errors in printing ballots or certifying nomina- tions— Whenever it shall appear by affidavit pfesented to any judge of the supreme or district court that an error or omission has occurred in the printing of the name or description of any candidate on official ballots, or that any other error has been committed in preparing or printing the ballots, or that the president or secretary of any convention has failed to properly make or file any certificate of nomination, or that the canvass- ing board of any primary election has failed to make and cer- tify any nomination, or that the name of any person has been wrongfully placed upon the ballots as a candidate, such judge shall immediately order the officer or person charged with the error or neglect to forthwith correct the same, or perform his duty, or show cause why such error should not be corrected or such duty performed.
Sec. 221. Filing certificates — Certificates of nomination shall be filed as follows: With the secretary of state, of the names to be placed on the white ballots, on or before the fifth Sat- urday preceding the day of election; with the county auditor, to be placed upon the blue ballots, on or before the third Tues- day preceding the day of election; with the city clerk or other proper officer, to be placed on the red ballots, on or before the second Saturday preceding the. day of election. In each case the officer with whom such certificate is filed shall give or send to the person filing the same an acknowledgment thereof upon the same day it is received, and shall file and pre- serve such certificates, subject to public inspection. But no filing of any certificate shall be effectual unless at the time thereof the prescribed fee shall be paid or tendered to such officer.
30 THE ELECTION LAWS
p
Sec. 222. Fees for placing names on ballot — The secretary of state, county auditor and city clerks shall place upon the ballots prepared by them, respectively, the names of all can- didates duly nominated, whose certificates of nomination have been duly filed, accompanied by fees, as follows:
1. If to appear upon the white ballot, fifty dollars.
2. If upon the red ballot for a city of more than three thou- sand inhabitants, five dollars ; if less, two dollars.
3. If upon the blue ballot, ten dollars, in case the candidate is to be voted for in one county only; ~^herwise, twenty dol- lars; provided, however, that candidate^ for the legislature shall in all cases pay ten dollars and candidates for county commissioner, whose compensation is less than three hundred dollars, five dollars.
But if no compensation be provided by law for the office or if the office be that of presidential elector, no nomination fee shall be required, (c. 226, G. L. '07)
Every candidate for public office who has been duly nom- inated at any primary election and who has paid the fee re- quired by law to be paid on filing as a candidate at such pri- mary election, shall, for the general election subsequent there- to, have his name as such candidate placed on the general election ballot without the payment of any additional fee. (c. 429, G. L. 1907)
Sec. 223. Posted notice of election — When and by whom given — At least fifteen days' posted notice shall be given in each district by the several town, village, and city clerks of the time and place of holding any general election, and twenty days' such notice of any special election therein, the hours dur- ing which the polls will be kept open, and the officers to be elected, if any; but no failure to give such notice shall invali- date a general election.
Sec. 224. Place of election — The council of every munici- pality shall by ordinance or resolution, and any town may by vote, designate the place of holding the election in each dis- trict ; otherwise the election shall be held as near as may be at the place where the preceding election was held, subject to change before the opening of the polls as provided by law.
Sec. 225. Division of towns — Notice — When any town board has divided the town into two or more districts, such board
OF MINNESOTA FOR 1905. 31
shall designate the place for holding elections in each at least thirty days before the day thereof, and cause at least twenty- five days' posted notice to be given in each district of the boundaries of the district and the place of holding the election.
Sec. 226. Towrii may vote in villages — When so ordered by the voters at a ':own meeting, elections in such town may be held within any village formed from its territory. If no place in said village be designated by the voters, the town board shall select a place therein where the election shall be held. And, whenever a majority of such voters shall petition the board to change the voting place *to any such village, it shall procure a suitable place therein, and give at least four weeks' published and posted notice, before the election, of such change and place, without which no change shall be made. Such vot- ing place shall be at least seventy-five feet from the village polls. Upon petition of a majority of the legal voters of any township to change the voting place to a village or city of less than ten thousand inhabitants, located in whole or in part in such town, the town board may procure a suitable place within such village or city for such election. ('97 c. 239; '01 c. 202; '03 c. 26)
Majority vote — Elections held on separate day from village election — That whenever a majority of the legal voters of any township in this state shall petition the board of supervisors of such town to change the place of holding elections from where last held to an incorporated village, or to an incorporated city containing less than ten thousand inhabitants, located in whole or in part within such town, then said supervisors may procure a suitable hall or building in such village or city where the voters of such township shall hold their elections; and said township shall have power to purchase and own neces- sary real estate in such incorporated village or city for such purpose; provided, however, that no village or city election shall be held on the same day as a township election is held, in the hall, or place so procured by said town for election pur- poses. (1905 c. 149)
Sec. 227. Members of town board to be judges — Vacancy — The members of the town board shall be judges in the districts in which they respectively reside, unless all belong to one political party and reside in the same district, in which case
32 THE ELECTION LAWS
not more than two, determined by lot unless otherwise agreed upon, shall act as judges. But no member of such board shall be compelled to serve as judge, and if any decline they shall notify the town board in time to fill the place by appointment. Whenever for any reason it becomes necessary to appoint one or more judges in order to provide three judges for each dis- trict, such board, on the first day of registration, shall appoint the number required, and cause posted notice thereof to be given in each district at least ten days before the election.
Sec. 228. Judges in cities and villages — The council of every municipality, at least twenty-five days before any election, shall appoint three qualified voters of each district therein to be judges. But in villages having but one district, and not in- cluded in any town district, the members of the council shall be judges, subject to the qualifications and restrictions pro- vided for town boards in like cases.
Sec. 229. Clerks, how appointed — Qualifications of judges and clerks — The judges of each district shall appoint two quali- fied voters therein as clerks, except that in towns the town clerk, and in villages having but one district, and not included in any town district, the village clerk, shall serve as one of the clerks in the district where he resides. No more than two judges and one clerk shall belong to the same political party, and no person shall be eligible as judge or clerk unless he can read, write, and speak the English language understandingly, nor if he be a candidate for any office.
Sec. 230. Selection of judges from certified party lists — At least thirty days before an election in any municipality having two or more districts, the local committees of the several par- ties participating in the preceding election may furnish to the appointing authorities a list of qualified voters, certified by the clerks of the committees, to act as judges in the several districts. Such judges shall be selected for each district from the lists so submitted, as follows: The first from the list of the party polling the largest number of votes in the municipal- ity at the preceding general election, the second from that of the party polling the second largest number of votes, and the third from that of the party polling the third largest number. If the local committee of either of such parties fails to furnish such list, then one judge shall be selected from the party poll-
OF MINNESOTA FOR 1905. 33
ing the fourth largest number of votes at such preceding elec- tion, if a list has been furnished by such party. In case three lists are not submitted, they shall select one from each list submitted and make their own selection of the remainder, ex- cept that in no case shall more than two judges be selected from the same political party.
Sec. 231. National flag over polling places — Duties of judges — Expense — The governing body of every city, village, and town shall cause the national flag to be displayed on a suit- able staff over each voting place therein during all the hours of registration and voting. The cost thereof shall be included in the general election expenses. The judges shall see that the flag is so placed and displayed, and wilful failure on their part so to do shall cause a forfeiture of their compensation for the time of such failure. They shall make a statement as to the number of days the flag was so placed and maintained, and return the same with the election returns. ('97 c. 183)
Sec. 232. Vacancy in office of judge or clerk^-When any one of the judges fails to attend at the time and place appoint- ed for registration or for correcting the registration lists or holding an election, or if either be a candidate at such elec- tion or refuses to act, the qualified voters present shall elect viva voce one of their number, of the same political party as the judge originally appointed if only one judge in attendance belongs thereto, but if both belong to the same party then of another party, to act in his place. When any clerk is absent, disqualified, or refuses to act, the judges shall appoint some qualified voter of the same political party to act in his place.
Sec. 233. Oath of officers — Board of registration and elec- tion— Before any judge or clerk enters upon the discharge of his duties, he shall subscribe the following oath: "I, A. B., judge of election (or clerk, as the case may be), do solemnly swear that I will perform the duties of judge (or clerk) of elec- tion according to law and the best of my ability, and will stu- diously endeavor to prevent fraud, deceit, and abuse in con- ducting this election, so help me God." Such oath shall be affixed to the list or register provided for by law. If there be no person present authorized to administer oaths, the judges may administer it to each other and 'to the clerks. Such
34 THE ELECTION LAWS
judges, prior to the opening of the polls, shall constitute a board of registration, and subsequent thereto a board of elec- tion.
Sec. 234. Form of registry lists — All registry lists shall be headed substantially as follows: "List of qualified voters in
the election district composed of the (town,
village, ward, or precinct, as the case may be) of
in the county of , state of Minnesota, for an
election to be held in such district on the day
of , nineteen hundred and ;"
and shall contain the names of voters in separate groups, in alphabetical order according to the first letter of the surnames, each letter of the alphabet to form a group, and not more than one group to be on any one page; and each group shall be separately numbered, commencing with i.
Sec. 235. Residence of voters, how determined — The board of registration, in determining the residence of any voter, shall be governed by the following rules, so far as they are ap- plicable :
1. The residence of any person shall be held to be in that place in which his habitation is fixed, without any present in- tention of removing therefrom, and to which, whenever he is absent, he intends to return.
2. A person shall not be considered to have lost his resi- dence who leaves his home to go into another state, or county in this state, for temporary purposes merely.
3. A person shall not be considered to have gained a resi- dence in any county into which he has come for temporary purposes merely, without the intention of making such county his home.
4. If a person go into another state with the intention of making it his residence, he shall be considered to have lost his residence in this state.
5. If a person remove to another state with the intention of remaining there for an indefinite time as a place of residence, he shall be considered to have lost his residence in this state, notwithstanding he intends to return at some future time.
OF MINNESOTA FOR 1905. 35
6. The place where a man's family resides shall be consid- ered his residence; but if it be a temporary establishment for his family, or for transient purposes, it shall not be so con- sidered.
7. If a man has his family living in one place and he does business in another, the former shall be considered his resi- dence ; but when a man has taken up his abode at any place with the intention of remaining there, and his family refuses to reside with him, then such place shall be considered his resi- dence.
8. The residence of a single man shall be considered to be where he usually sleeps.
9. The mere intention to acquire a new residence, without the fact of removal, shall avail nothing; neither shall the fact of removal without the intention.
10. No person employed temporarily for the purpose of cutting timber, or in the construction or repair of any railroad, canal, municipal, or other work of public nature, shall acquire a residence in any district into which he came for such pur- pose ; but this provision shall not be held to extend to station agents or sectionmen who permanently reside in such district. In determining the right of any person employed by a rail- road company or upon any public work to register or vote, all of the judges shall be satisfied that he is a bona fide resident of the district, and not there for temporary purposes merely; and his unsupported affidavit shall not be held conclusive as to any fact necessary to entitle him to vote.
11. Any permanent inmate of a soldiers' home shall be considered a resident of the district in which the same is located.
Sec. 236. Registration in towns, villages, and cities of the fourth class — On Tuesday, seven weeks preceding any general, and at least fourteen days before any special, election, the board of registration of each district in towns, villages, and cities of the fourth class shall make duplicate lists of the names of all persons entitled to vote therein at such election, contain- ing the names of such persons in alphabetical order, and their places of residence, 'flic board shall examine the poll lists used at the preceding general election, and place on the new list the names of all persons whom the board knows, or can with reasonable diligence ascertain, to be entitled to vote in
36 THE ELECTION LAWS
the district at such election, and at least thirty days before a general, and ten days before a special, election, shall cause copies of such list to be posted in three public places in the district. ('99 c. 189)
Sec. 237. Same — Cities of the fourth class — In cities of the fourth class the board shall meet on the Tuesday preceding such election at the place where the same is to be held, and remain in session from 9 o'clock a. m. until 9 o'clock p. m., for the purpose of making corrections in such lists, the time and place of meeting to be noted on the list previously posted. In making such correction the board shall add to such lists the names of all other persons shown to be entitled to vote in that district at such election, and erase therefrom the names of all shown not to be entitled so to vote. ('99 c. 189)
Sec. 238. Oath before registration — Any of the judges may administer the following oath to persons appearing for regis- tration : "You do solemnly swear that you will fully and truly answer such questions as shall be put to you touching your qualifications as a voter under .the laws of this state?"
Sec. 239. Board to compare register, sign each page, and make certificate — At the end of each day's registration in all districts in towns, villages, and cities of the fourth class, the board shall carefully compare the registers and correct all errors. The judges shall then sign their names at the end of the list on every page, so that no new name can be added without discovery, and also sign and attach to such register a certificate in substance, as follows :
We, the undersigned, judges of election in the
district of of , in the state
of Minnesota, do jointly and severally certify that at the general registration of voters in such election district on the day of , 19 , there were regis- tered by us in such district the names which in this book are inserted, and that the number of registered and qualified voters
was and is the number of , of whom
are males and females. (Number to be written
in figures and words.)
Sec. 240. Same entered or stricken from lists on election day — Any person offering to vote in any such district, whose name is not on the list at the opening of the polls, but who
OF MINNESOTA FOR 1905. 37
shall satisfy the election board by proper evidence that he is entitled to register and vote, shall be allowed to vote at such election without taking an oath, unless required to do so by such board. The vote of any person whose name is on the list at the opening of the polls shall not be rejected except upon satisfactory evidence that such name was regis- tered by mistake and that such person is not entitled to vote, in which case such name shall be stricken from the list and the vote rejected. An entry of such fact shall be made on the list opposite each name so added or stricken gff.
Sec. 241. Same — Cities of the first, second, and third class- es— Powers — Vacancies — In cities of the first, second, and third classes the judges shall constitute boards of registration in their respective districts. They shall meet on Tuesday, seven weeks preceding any general state or city election, and four- •teen clays before any special election, at 6 o'clock a. m., at the place where the last election was held, or in such other place as may be lawfully designated as the polling place for the district, and there remain in session until 9 o'clock p. m., and register all persons entitled to vote in such districts at the ensuing election. Such registration shall be known as the register of voters, and be made in duplicate. The board shall have the same right to preserve order at its meetings as judges on election days, and vacancies shall be filled in the same manner as upon election day. ('95 c. 137 s. i)
Sec. 242. Registers, how prepared — Headings — Names — Questions — In all districts in such cities, one of the judges shall administer to all persons appearing for registration the following oath : "You do solemnly swear that you will fully and truly answer all questions put to you touching your quali- fications as a voter under the laws of this state." The blank forms of registers in cities of the second and third classes shall be prepared by the secretary of state, and shall contain col- umns under the following headings and subheadings, viz. : "Names," "Voted," "Residence," "Number," "Street or Ave- nue," "Place of Nativity," "Color," "Length of Residence," "United States— Years," "State— Years, Months," "District- Years, Months, Days," "Date of Naturalization," "Court or Place," "Able to Read English," "Where Last Registered- Ward, District," "Voted at Primary," and "Remarks." The
38 THE ELECTION LAWS
board shall enter in such registers the names of all persons residing in its district whose names appear in the poll list and register at the preceding election as having voted in the district, except such as are known to have since died, removed from the district, or become disqualified; and, so far as known to any such board, the proper entries shall be made opposite each name in the different columns. In case the boundaries of the district have been changed ^ince the election for which such poll list was made, the board shall place on the regis- ters only the names of the persons appearing by such poll list to be residents of the new district. One of the judges shall then ask each of such persons the questions necessary to properly fill out the spaces opposite his name in the various columns. The clerks, if any, or members of the board shall enter the names of such persons in the registers, and the an- swers to the questions in appropriate columns therein. In the column headed "Residence, " there shall be the name and num- ber of the street, or other location of the dwelling, if there be a definite number ; if not, such description of the place of such dwelling as shall enable it to be readily ascertained. If more than one family reside in a house, there shall be entered the floor on which the applicant resides, and the room or rooms occupied by him. The register shall be ruled, and one name shall be written on each line ; but no name shall be written between the lines, and, if the name of any person be so writ- ten, such person shall not be entitled or allowed to vote unless his name shall also appear properly on a line in such register.
Sec. 243. Same — Cities of the first class — In cities of the first class the registers shall be substantially as provided in section 242, except that in place of the heading, "Where Last Registered — Ward. District," the heading shall be "House- holder— Boarder — Lodger — Employee." No names shall be registered unless the person appears personally before such board or registers by affidavit.
Sec. 244. Registration in person, and by affidavit of absent voter — In addition to the names already on said poll list, the board shall enter thereon the names of all legal voters who shall personally appear, and also the name of any absent voter whose affidavit shall be presented during any session of such board, in substance as follows:
OF MINNESOTA FOR 1905. 39
1, , being- first duly sworn, on oath say
that I am a Ic^al voter in the state of Minnesota; that I reside
at No. street (or avenue), in the
election district in the ....ward in the city of
; that I have not been and will not be able
t<> be present in such district to register personally, for the
reason that ; that I desire to be registered
in such district; that my full name is ;
I was born at ; am (state
color); have resided in the United States for
years and months, and in Minnesota for
years and months, and in such election district for
years, months, and
days; that I am able to read. English, and by occupation am
a ; that at the last general election I resided at
No. street (or avenue), in such city, and was reg- istered and voted at the election district of
the ward (or that at the last general election I
was not a resident of such city, but voted at ) ;
that at my present residence as above stated I am
(householder, boarder, lodger, employee, or other proper term) ; (the following to be omitted if nativejborn) that I am a nat- uralized citizen of the United States; that my final papers were
issued by the (give court and place) on the
(give date or other particulars),
(Signature)
Sec. 245. When voter removes from one district to another — When it appears from the statement or affidavit of an ap- plicant for registration, or is otherwise known to the board, that such applicant has been registered in another district, a certificate signed by the registration board of such other district, showing that his name has been stricken from the voting- list of such district, shall also be presented. Then if he has or will have been a resident of such new district for thirty days next preceding an election, his name shall be en- tered on the voting list; otherwise not. When the voter re- moves from one place to another in the same district, the regis- ter shall show the change before his vote is received.
Sec. 246. Registers compared, signed, certified, and re- turned— At the end of the first day's registration in such cities,
40 THE ELECTION LAWS
the board shall carefully compare the registers and correct any errors therein, and one or more of the judges shall sign his name at the end of the list on every page, so that no name can be added without discovery, and all the judges shall also sign and attach to such register a certificate in substance, as follows: "We, the undersigned, judges of election in the
district of ward, in the city of
, in the state of Minnesota, do jointly and
severally certify that, at the general registration of voters in
such district, on the day of , 19 ,
there were registered by us in such district the names which are inserted in this book, and that the number of registered
and qualified voters was and is ." (Number to
be written in figures and words.) If any women shall have registered, the certificate shall have added thereto, "of whom are men and are women." Be- fore 10 o'clock a. m. on the next day, such registers shall be deposited by one of such board in the office of the city clerk, who shall safely keep the same.
Sec. 247. Same — Second registration — Days, hours, etc. —
In such cities, on Tuesday two weeks preceding any general election, and on the thirteenth day preceding any special elec- tion, such board shall meet at the same place as before, and remain in public session from 6 o'clock a. m. until 9 o'clock p. m., for the purpose of registering qualified voters. It shall obtain from the city clerk and use the same registers as on the first day, and observe the same forms.
Sec. 248. Comparing, signing, certifying, posting, etc. — At -the end of the second day's session the registers shall be com- pared, corrected, signed, and certified as on the first day, with this addition thereto: "Making the total number registered to
date hereof inclusive ,- of whom
are men and are women." Before the board ad- journs on this day, it shall make a copy of all the names upon such registers, with the addresses as therein indicated, and post the same conspicuously outside the place of registration, with a notice of the time when such board will meet to com- plete and finally correct such registers; and that the same will
OF MINNESOTA FOR 1905. 41
be accessible to any voter. The registers shall be returned by one of such board to the office of such clerk before 10 o'clock a. m. on the next day.
Sec. 249. Last registration day in cities of the first, second, and third classes — In cities of the first class on the second Saturday preceding a general election day, and in cities of the second and third class on the Tuesday preceding any gen- eral, and on the day one week preceding any special, election, the board shall again meet at the same place for the comple- tion and final correction of said registers. Said board shall obtain the same registers from the clerk and register the names of qualified voters as upon the other days, and for this purpose shall be in session from 6 o'clock a. m. until 9 o'clock p. m. on each day of registration.
Sec. 250. Correction of registers — Posting list — Such board shall erase from the register the name of any person satis- factorily proven, by the oath 'of two qualified voters of such district, to be disqualified to vote at the ensuing election. At the close of the last registration day the registers shall again be compared, corrected, signed, certified, and returned as pro- vided for the other days. When the registration has been fully completed, and before the board adjourns or separates, it shall prepare a copy of the names and.addresses appearing upon such registers, and post the same outside the place of registration, or in such manner as to be plainly discernible and easily read from the outside.
Sec. 251. No person allowed to vote unless registered — Ex- ception— Only the votes of qualified and registered voters shall be received by the judges at any election in a city of the first, second, or third class, except the vote of a person whose name was erased as provided for in section 250, and who takes the oath and proves his identity by the oath of another, as herein- after prescribed.
Sec. 252. Hours for opening and closing polling places — In towns and villages the polls shall be kept open from 9 o'clock a. m. until 5 o'clock p. m., in cities of the fourth class, from 6 o'clock a. m. until 7 o'clock p. m., and in all other cities from 6 o'clock a. m. until 9 o'clock p. m.
No adjournment or intermission whatever shall be had until the polls are closed, all the votes counted, and the result pub-
42 THE ELECTION LAWS
licly announced; but this shall not be construed to prevent any temporary recess for taking meals or other necessary purposes, provided, the board remains in session and not more than one member thereof is absent at the same time. (c. 125, G. L. 1909)
Sec. 253. Location of polling places — No election shall be held or appointed to be held in any saloon or bar room, or in any room used or occupied as a place of resort for idlers or disreputable persons, or in any room adjoining either. Nor shall such election be held in any room wherein the require- ments of this chapter relative to booths, railings and distances cannot be substantially complied with. Such polling places in all cities shall be upon the ground floor, in a front room, the entrance to which is from a highway or public street at least forty feet wide, and as near the center of the voting pop- ulation of the district as is practicable.
Provided, that in cities of less than twenty thousand inhab- itants polling places conveniently and clearly accessible may be in the second story of buildings complying in all other re- spects to the provisions of this act.
Sec. 254. Judges may change polling place — When any place designated for holding an election is found not to comply with the provisions of this chapter, 'the judges, on the first day of registration when practicable, and in any event on or before the opening of the polls on election day, shall procure a suit- able place, as near the designated place as may be, which is not subject to such objection.
Sec. 255. Notice of change of polling place — When a change of the place of registration or election has been determined upon, the judges shall meet at the place first designated, and, after filling any vacancies in the number, adjourn to the new place selected, first publicly announcing the change to the electors present, and posting in a conspicuous place at said first designated place a notice of the change made by them. They shall also post a similar notice at the new registration or voting place, and, if deemed necessary by any of such judges, they shall post additional notices of said change in three public places in the district. They shall certify to the proper authorities the expenses attending such change, which shall be allowed and paid as part of the election expenses.
OF MINNESOTA FOR 1905. »:'.
Sec. 256. Arrangement of polling places — Each polling place shall be provided with one white, one pink, one blue, and one red ballot box, and, where women arc entitled to vote, a sep- arate box for ballots cast by them. As many of these boxes shall be used at any election as there are kinds of ballots to be voted. Each box shall be of sufficient size, and with a suffi- cient aperture, to receive and contain all the ballots likely to be placed therein. Each polling place -shall consist of a single room, containing at least two booths for every one hundred voters registered. Each booth shall be six feet high, three feet deep, and at least two feet wide, with a shelf, at least one foot wide, extending from side to side at a convenient height for writing, and be provided with a door or curtain so that the voter may be free from observation while marking his ballot. It shall at all times when in use be provided with cards of instruction, an indelible pencil, and other supplies needful in marking the ballots. A guard rail shall be so placed that only persons who are inside thereof can approach within six feet of the ballot boxes or the booths, but the boxes, booths, judges, and clerks shall be in open public view. Such guard rail shall be so constructed as to provide a separate entrance and exit for voters.
Sec. 257. Order at polls — Special officers — The peace officer shall keep order and quiet at the polling places. During the voting hours no persons other than those receiving, marking and depositing ballots shall be permitted to approach within six feet of the booths, unless by consent of the judges, given by authority of law. Special peace officers may be appointed by the judges when necessary. Any person guilty of riotous or disorderly conduct shall be arrested, upon refusal to desist when warned. No peace officer shall remain in the voting room unless so ordered by the judges, nor interfere in any manner with the voters.
Sec. 258. Procuring registers, ballots, boxes, etc. — Before 3 o'clock p. m. on the day preceding any election, the judges shall procure the registers provided for in this chapter from their legal custodian,' one being procured by a judge repre- senting one of the two leading political parties, and the other by one representing another leading party. The custodian of the ballot boxes and ballots shall deliver the same to the
44 THE ELECTION LAWS
judges of the respective -districts, together with their keys, the poll-books, stationery, and material required at such elec- tion. The judges shall be responsible for the safe-keeping of said registers and ballots unaltered, and shall have all such ballots, boxes, registers, poll-books, printed instructions, and materials at the polling places in their respective districts at the opening of the polls on the day of election. Except in cities of the fourth class and over and election districts within fifteen miles of the county seat, the county auditor shall at least one week before the election send such ballots by regis- tered mail or express to the proper board of such election dis- tricts.
Sec. 259. Proceeding on failure of judges to obtain register and ballots — In case neither of the judges appears at the office of the custodian of the ballots, as provided in section 258, he shall forthwith send to the proper district the ballots there- for, securely wrapped, tied, and sealed, by special messenger, who shall forthwith deliver the same to such judges, or one of them; or, if unable to do so, he shall deliver them at the polling place at the hour for opening the polls. He shall take a receipt for such ballots, and promptly file the same with such custodian, together with his affidavit stating when, where, and to whom he made such delivery. Such judges, and each of them, shall be chargeable with all expense incident to such delivery and report, together with mileage, the same as allowed to sheriffs for serving process ; but nothing herein shall relieve any such judge from the penalty provided by law for neglect of duty.
Sec. 260. Ballots not delivered — Additional or substitute ballots — If the ballots are not deli-vered, or are stolen or de- stroyed, and sufficient regular ballots cannot seasonably be had, the county auditor or other proper official shall cause other ballots to be immediately prepared as nearly in the form prescribed as practicable, with the word "Substitute" printed in brackets immediately over the words "Official Ballot," as indorsed on regular ballots, and, when practicable, with the facsimile signature of the officer preparing the same, accom- panied by his affidavit that the same have been so prepared and furnished by him, and that the original ballots have not
OF MINNESOTA FOR 1905. 45
been received, or have been destroyed or stolen, as the case may be. The judges shall cause such substituted ballots to be used at the election.
Sec. 261. Proceeding when there are no official or substi- tute ballots — When no official or substitute ballots are ready for distribution at any polling place, or if the supply be ex- hausted before the polls are closed, unofficial ballots, printed or written as nearly as practicable in the form of the official ballots, or of any ticket or tickets forming a part or parts thereof, may be used until substitutes prepared by the proper official can be printed and delivered; and the fact shall be cer- tified and accompany the returns of election.
Sec. 262. Proceedings preliminary to opening polling places — Immediately before opening the polls, one of the judges shall open the ballot boxes in the presence of the people there assembled, turn them upside down so as to empty them of everything that is in them, then lock them and deliver the key to another of the judges. The judges shall thereupon pro- claim that the polls are open, and cause written or printed notices of the hour of closing them to be conspicuously posted outside the polling place. Such boxes shall not be reopened until opened for the purpose of counting the ballots therein at tke close of the polls.
Sec. 263. Challengers allowed in the room — Substitutes — The judges shall allow one voter of each political party cast- ing one per cent of the entire vote at the preceding election in that district, selected by said parties respectively, and hav- ing a certificate in writing from the chairman of an authorized committee of the party he represents, to be in the room where the election is held, to act as challenger of voters; and such challengers may remain with the board until the votes are canvassed and the result declared. In case of the temporary absence of any challenger for meals or by reason of sickness, he may substitute some other person of like political belief, who shall be identified by an affidavit of such challenger or substitute.
Sec. 264. Gatekeeper — The judges may authorize a peace officer to act as gatekeeper, who shall direct voters how to pass to and from the booths, and no person shall interfere with
46 THE ELECTION LAWS
him in any manner while in the discharge of his duty. Such gatekeeper shall not aid, assist, suggest, advise, or entreat any elector to prepare his ballot in a particular manner.
Sec. 265. Proceedings on disability of clerk while on duty — When any clerk, after entering upon the discharge of his duties, becomes unable, or for any reason fails, to complete the performance of his duties, the judges may appoint an- other in his place, who shall take the required oath. The fact of his appointment, the time when and circumstances un- der which it was made, shall be noted in the poll-books, if the polls have not been closed, and, if closed, all of the same shall be certified with the returns; and such statement shall show the work done and to be done at the time of such ap- pointment.
Sec. 266. Initials on ballots — Before the voting begins, or as soon thereafter as possible, tw •) judges of opposite political parties shall place their initials on the backs of all the ballots they have, immediately under or opposite the facsimile of the signature of the officer under whose direction the ballots were printed, and shall not otherwise mark the same.
Sec. 267. Ballots, distribution and indorsement — Ballot box- es in view — No official ballot shall be distributed except in the voting room to voters about to vote, and no ballot which is not officially indorsed in the handwriting of such judges shall be placed in the box. The ballot boxes shall at all times be kept in public view.
Sec. 268. Who allowed in voting rooms — No person shall be allowed to go or remain inside the railing at the voting place except members of the board, clerks, peace officers, and one member of each of the political parties represented on the bal- lot, and voters who are about to vote, unless it be a voter who is called upon to assist another voter who cannot read English or is physically disabled, in marking his ballot, as herein pro- vided.
Sec. 269. Number of voters admitted — Time for preparing ballot — The number of voters within the rail shall in no case exceed the number of booths by more than three. The judges may make such regulations as they deem proper as to the time which a voter may remain in the polling room while re- ceiving, preparing, and voting his ballot, which time shall not
OF MINNESOTA FOR 1905. 47
be less than three nor more than ten minutes, unless the delay is occasioned by his vote being challenged, or is the fault of the board, or some of them.
Sec. 270. Crowds not permitted in vicinity of voting places — All voters shall be allowed to go to the polling room for the purpose of voting, and to return therefrom, without molesta- tion, but neither voters nor others shall be allowed to congre- gate in any number within one hundred feet of any polling room. In cities of the first, second, and third classes, only election officers and voters who are ready, but have not voted, shall be permitted to stand within fifty feet of the entrance to a polling place.
Sec. 271. One judge to have charge of ballots, and two of registers — One of the judges shall have charge of and hand to and receive from each voter the ballots. The other two shall have charge of the two registers, each using one as herein provided.
Sec. 272. Challenge — Oath — Questions and other proceed- ings— Before any person offering to vote receives the ballots from the judges, each judge shall, and any authorized chal- lenger or other voter may, challenge such person whom he knows or suspects not to be a qualified voter. The challenger shall state the ground thereof, whereupon a judge shall ad- minister to the challenged person the following oath: "You do solemnly swear that you will fully and truly answer all such questions as shall be put to you touching your qualifica- tions as a voter at this election?" The judges shall then ques- tion the challenged party in such manner as will tend to dis- close the particular facts in reference to which the challenge is made. He may be inquired of as to his name, age, then place of residence, length of time he has resided in the town, city, ward, or district; where his last place of residence was; as to his citizenship, whether he is a native or naturalized citizen, and, if the latter, when, where, in what court, and be- fore whom, he was naturalized; whether he came into the town, city, or ward for the purpose of voting at that election ; how long he intends to remain a resident of such town, city, MI- ward; and such other questions as tend to test his residence and his right to vote. If he refuses to answer the questions put to him, his name shall not be put upon the poll lists, nor
48 THE ELECTION LAWS
shall he be allowed to vote, unless he at once reconsiders and answers the questions. He shall not be allowed to vote if he leaves the polling place and afterward returns, although then ready to answer the questions.
Sec. 273. Further examination of challenged person — After the questions specified in section 272 have been answered, if the challenge is not withdrawn, the judges shall administer the following oath : "You do swear that you are a citizen of the United States ; that you are twenty-one years of age, and have been a resident of this state for six months immediately pre- ceding this election, and an actual resident of this election district for thirty days immediately preceding this election ; that you are a qualified voter in this district ; and that you have not voted at this election?" Upon taking this oath he shall be allowed to vote, except when it appears that his name has been registered and erased; then he shall not be allowed to vote unless he also produces a person known to a majority of the judges, who makes and subscribes an oath in their pres- ence as to the identity of the person so offering to vote, after which he shall be allowed to vote. If such person refuses to take the oath specified in this section or section 272, or, when so required, refuses to produce the person to swear to his identity and residence, as herein provided, then his name shall not be put upon the poll list, nor shall he be allowed to vote.
Sec. 274. Voter receiving ballot to retire to booth alone —
When the judges are satisfied that'the person applying there- for is a voter, the judge having charge of the ballots shall tear from the blocks one ballot of each kind that is to be voted, having the proper initials thereon, and hand the same to the voter, who shall retire alone to one of the booths and there prepare such ballot or ballots. Voters may be allowed to carry with them to the booths sample ballots to assist them in marking the official ballots, but the same shall not be print- ed on white, pink, blue, or red paper; and it shall be a mis- demeanor to print or distribute sample ballots printed upon such paper. Sample ballots may be printed in newspapers as matter of news.
Sec. 275. Marking ballots — Rules — The voter shall mark each of such ballots with the indelible pencil furnished. If
OF MINNESOTA FOR 1905. 49
he soils "or defaces either of them, he shall at once return the same and get other ballots as hereinafter provided. In mark- ing ballots, the following rules shall be observed:
1. When presidential electors are to be voted for, the voter shall place a mark (X) in the square opposite the group of candidates of the party of his choice.
2. In all other cases he shall place a like mark (X) in the square opposite the printed name of each candidate for whom he desires to vote, and only those so marked shall be counted.
3. When he so desires, he may write other names in the blank spaces under the printed names of candidates, and the names so written shall be counted as balloted for, whether marked in the small square or not.
4. When he has prepared his ballot, he shall so fold it, con- cealing its face and all marks thereon, as to expose only the indorsement and the facsimile signature and initials of the judges on the back thereof.
5. He shall mark and fold separately each ballot, and at once withdraw from the voting booth.
Sec. 276. Further proceedings in balloting — Challenge — The voter, having prepared his ballots, shall hand the same to the judge in charge of the ballot boxes, who, without open- ing or permitting them to be opened or examined, shall de- posit the same in the proper boxes, first announcing the name and residence of the voter in an audible voice; and the judges in charge of the registers shall mark "Voted," or the letter "V," in a column therein prepared, in the same line with the voter's name. At any time before such ballots or either of them have been deposited in the boxes, he shall be subject to challenge by either of the judges, or by any person who was not present at the time he procured such ballots ; but no party challenger or other person, except a judge, who was present when the ballot was delivered and had knowledge thereof shall afterwards interpose a challenge. When so challenged, the same proceedings shall be had as hereinbefore provided; and, if the person offering to vote is found disqualified, said ballots so prepared by him shall be placed among the spoiled ballots, and not opened. When no challenge is interposed, the voter shall, after voting-, at once retire from the voting rooms;
50 THE ELECTION LAWS
and, when challenged, he shall retire as soon as the challenge is determined, and shall not again return unless by permission of all the judges.
Sec. 277. Proceedings when elector spoils ballots — When a voter spoils a ballot, he may return it and receive another. When he spoils a second ballot, before receiving another he shall state under oath whether or not he can read English. When he claims to be able to read English, a third, and if necessary, a fourth, ballot shall be delivered to him; but no ballot shall be so delivered until the ballot previously deliv- ered has been returned, nor shall more than four ballots of any one- color be delivered to any one voter. When such voter, after spoiling two ballots, shall state under oath that he can- not read English, proceedings shall be had as provided in sec- tion 278. All spoiled and unused ballots shall be preserved by the board and returned to the officer from whom they were received, who shall preserve them until ten days after the county official canvass.
Sec. 278. Proceedings when voter cannot read English, or is physically unable to mark ballot — When any voter states under oath that he cannot read English, or that he is physically unable to mark his ballot, he may call to his aid one or more of the judges, who shall mark his ballot as he may desire, and in as secret a manner as circumstances permit. When he also states that he cannot speak the English language or understand it when spoken, the judges may select two per- sons from different political parties to act as interpreters, who shall take an oath similar to that taken by the judges, and assist such person in marking his ballots. When he shall pre- fer, he may call to his aid any voter of the same district, who unaccompanied by a judge may retire with him to one of the booths and mark the ballot for him ; but no person shall mark the ballots of more than three such voters at one election. Before depositing his ballot such voter shall show it privately to either a judge or a clerk to ascertain that it is marked as directed ; but a physically disabled voter, who is able to de- termine for himself, need not show his ballot. No judge or other person so assisting a voter shall in any manner request, persuade, or induce, or attempt to persuade such voter to vote for any particular party or candidate, but shall mark the bal-
OF MINNESOTA FOR 1905. 51
lot as requested, and shall not reveal to any other person the name of any candidate for whom the voter has voted, or any- thing that took place while so assisting him.
Sec. 279. Proceedings when voter is physically disabled —
When the judges are informed that a voter is at the door who is unable to enter the polling place without assistance, they may appoint one of their number to take an official ballot or ballots to him and assist in marking the same, when requested, in the presence of some one selected by such voter. When the ballot or ballots have been marked and folded, the same shall be handed to the judge in charge of the ballot boxes, who shall announce: "Ballot (or ballots) offered by (name), a person unable to enter the voting place by reason of physical disability; does any one object to the reception of this ballot?" If no one objects, the ballot or ballots shall be deposited; but, if objection be made, it shall be treated as the interposition of a challenge, and proceedings shall be had as in case of chal- lenges.
Sec. 280. Voter not to disclose how he has voted — No voter shall divulge to any one within the polling place the name of any candidate for whom he intends to vote or has voted, nor shall he ask for or receive assistance from any one within the polling place in the preparation of his ballot, except as here- inbefore provided. When any voter, after having marked his ballot, shows it to any one except as hereinbefore provided, the judges shall refuse to receive such ballot, but shall place it among the spoiled ballots, and, when such showing has clearly been intentional, no other ballot shall be delivered to such voter.
Sec. 281. Intoxication — Intoxication shall not be regarded as a physical disability, and no intoxicated person shall be en- titled to assistance in marking his ballot. • No voter shall be permitted to vote while grossly intoxicated.
Sec. 282. Voter to give residence, etc. — Every voter, at the time of applying for or offering his ballot, shall truly state the name of the street in which he resides, and, if the house where he resides is numbered, the number thereof, and, if required, whether he is the householder or a lodger or employee there- in, and such other matters, as are necessary for identification.
52 THE ELECTION LAWS
On refusal to make such statement, his ballot, if he has re- ceived any, shall be placed among the spoiled ballots, and he shall not be allowed to vote.
Sec. 283. Absence of employee to vote — Every employee entitled to vote at a general or city election shall be permit- td to absent himself from his 'work for that purpose during the forenoon of each election day, without a penalty or de- duction from salary or wages on account of such absence.
Sec. 284. Removal of ballots from blocks — Unused ballots — No judge shall remove any of the ballots from the block ex- cept separately, as required by voters for voting. The judges shall preserve unused and spoiled ballots and return them to the officers from whom they were received, with a statement of the number used, and take receipts therefor.
Sec. 285. Clerks to keep poll lists — Form — Every clerk shall make a poll list containing one column headed "Num- ber," one headed "Residence," one headed "Names of Voters," and as many additional columns as there are boxes used, head- ed to correspond with the color, and one headed "Remarks." He shall enter therein the name of each voter in the column headed "Names of Voters," his residence in column headed "Residence," and, where more than one box is used, he shall write opposite such name the figure "i" in each remaining column corresponding in heading with the name of each box in which his vote is deposited. In the column headed "Num- ber" he shall write consecutively the numbers of the persons voting, the first vote being numbered i. He shall enter in the column headed "Remarks" and opposite the name of each person not registered, the words "Not registered," and, if any vote is sworn in, he shall there note that fact. He shall also enter in the same column, on a line with the name of any person receiving assistance, a brief statement of that fact, such as "Marked by judge," "Marked at door," "Marked by
," giving the name of any person, other
than a judge, so assisting.
Sec. 286. Notice of closing polls — Persons present not ex- cluded— Time — The judges shall make oral proclamation at the door of each polling place thirty minutes before the hour fixed by law for closing the polls, in substantially the follow- ing words: "Hear ye! hear ye! hear ye! the polls will be
OF MINNESOTA FOR 1905. 53
closed in thirty minutes." When the hour for closing has arrived, the polls shall be closed, regardless of the fact that voters are outside who have not voted. But all voters who have received ballots, or are then inside the polling place pre- paratory to receiving them, and none others, shall be allowed to vote. On or before the opening of the polls the judges shall agree upon some standard of time to be used in opening and closing the polls.
Sec. 287. Statements attached to poll lists and to register — Every poll list shall be headed by the designation of the dis- trict, and the election at which it is used, and, as soon as the polls are finally closed, the judges shall attach thereto a state- ment substantially as follows: "The number of persons whose names appear above and who were present and voted at the
above named election was , of whom
were women ; the number of white ballots cast was ;
the number of pink'ballots cast was ; the number
of blue ballots cast was ; the number of red ballots
cast was ; and the number of ballots cast by women
(such ballots not being included in the numbers above given)
was ." The blanks in such form shall be filled by
the proper numbers, written in words and figures, the figures in parentheses. Such statement shall be signed by each judge and attested by each clerk; and immediately thereafter they shall prepare, sign, and attest a statement at the end of each of the registers, substantially as follows : "The whole num- ber of the above named persons who were present and voted
at the above named election was " (in words
and figures).
Sec. 288. Canvass — Ballots handled by judges only— The judges shall then proceed to canvass the votes cast at such election. Such canvass shall be public and continued without intermission (except as provided in section 252) until com- pleted and the result declared. During such canvass no person other than the judges shall handle or interfere with the ballots.
Sec. 289. Boxes opened, in what order — Preliminary re- turns— The ballot boxes shall be opened, the votes counted, and the results declared, one box at a time, as follows: First, the white box; second, the pink; third, the blue; and fourth, the red. Then the box provided for women shall be opened
54 THE ELECTION LAWS
and the votes canvassed. The returns shall not be prepared until the votes in all the boxes have been counted, so as to allow corrections in case any errors have occurred by reason of the deposit of ballots in wrong boxes. But in any city of the first class the council may require the judges to insert, on forms prepared by the city clerk, a preliminary statement of any class of ballots cast, as soon as the count of that class has been completed. Such statement shall be signed by one or more of the judges, and delivered forthwith, to a special messenger designated by such city clerk, who shall take the same to him at once ; but such statement shall not be deemed an official return.
Sec. 290. Canvass of votes, first proceedings — The judges shall begin the canvass by taking from the box the ballots, unopened except so far as necessary to ascertain whether every ballot is single, and counting them to determine whether their number corresponds with the number appearing on the poll list to have been cast in such box. Whenever two or more ballots are found so folded together as to appear like a single ballot, they shall lay them aside until the ballots in all the boxes have been counted. If, on comparing such ballots with the number of the same class appearing by the poll lists to have been cast, it is evident that the ballots so folded together are cast by one voter, they shall preserve but not count them. Whenever there is an excess of ballots in any box, they shall examine them and ascertain whether all are properly marked with the initials of the judges, and, if any are not so marked, they shall, preserve but not count them. When there is still an excess, they shall replace them in the box, and one judge, without looking, shall draw from the box a number of ballots equal to such excess, which shall be preserved, but not counted.
Sec. 291. Ballots not in proper box, when counted — When- ever the number of ballots in any box equals or exceeds the number shown by the poll lists to have been cast in such box, no ballots proper to have been deposited therein, but found in another box, shall be counted ; but whenever the num- ber is less than that shown by the poll lists, and ballots prop- erly belonging in such box are found in another box, they shall be counted the same as those in the proper box; but if
OF MINNESOTA FOR 1905. 55
counting such ballots produces an excess of votes above the number shown by the poll lists, then the number shall be re- duced by drawing therefrom as provided in section 290.
Sec. 292. Excess of ballots, how disposed of — Certificate — \\ henever any ballots not belonging among those being can- vassed from any box shall be found, the same shall be laid aside until the canvass of the class of ballots to which they belong. If there be a deficiency in the number of ballots of such class in the proper box, the ballots so found in the wrong box, to the extent of such deficiency (selected by lot when necessary), shall be included and counted with the class of ballots to which they belong. When the number of ballots as finally counted agrees with the poll lists, those not counted shall be attached to a certificate made by the judges, stating why such ballots were not counted, which certificate and uncounted ballots shall be sealed up in a separate envelope and returned with the other returns to the officer from whom they were received.
Sec. 293. Method of counting ballots — The judges shall then count the ballots separately, numbering them consecutively in a uniform place without defacement, and ascertain the num- ber cast for each person. The clerks shall carefully enter an account of each ballot counted, on tally sheets or books as hereinafter provided, and when all the ballots have been count- ed, and from time to time previously thereto when so required by the judges, they shall compare such tallies and correct the same when they differ. Such comparison shall be made on each tally sheet, or sheet of the tally book, before beginning on another sheet.
Sec. 294. Tally sheets for white ballots — Two tally books, or two sets of tally sheets, shall be furnished for each elec- tion district by the official charged with the printing of the ballots, at the time and in the manner the ballots are furnished. Kach tally sheet, or the first sheet of each tally book furnished for white ballots, shall be headed, "Tally sheet for white bal- lots, election district, No- vember, i<) ..," directly under which, and extending across
the sheet from side to side, shall be two heavy red lines one- half inch apart. At the left side of each sheet, in a column of suitable width, Commencing just below said red lines, there
56 THE ELECTION LAWS
shall be printed in plain type the titles of the several offices to be filled and the name of each candidate for the same, and as many blank lines as appear on the printed ballot, the whole being as nearly as may be in the same order as on the official ballot, omitting the squares for marking.
Sec. 295. Same — Ruling of tally sheet — General descrip- tion— Under each set or group of candidates for any one office, and the requisite number of blank lines, there shall be a heavy red line extending across the sheet, and another such line across the bottom. Heavy red lines shall also be ruled from the red line nearest to the top to the red line at the bottom of each sheet, as follows : Three lines so as to form two spaces, each three-eighths of an inch wide, the first close to the column of names hereinbefore specified ; then lines so as to form ten spaces, each five-eighths of an inch wide, followed by one space three-eighths of an inch wide, and as many additional sets of lines as may be convenient ; each set to form ten spaces, each five-eighths of an inch wide, followed by one space three- eighths of an inch wide.
Sec. 296. Same — Further description — Under the name of each candidate or blank line, except where a red line is herein provided, a light blue line shall be ruled across the sheet, and in each space five-eighths of an inch wide, extending from the second line from the top to bottom line, four light blue lines shall be ruled, in such manner as to divide each such space into five smaller spaces, each one-eighth of an inch wide. Immediately below the upper red line across the sheet, in the first space three-eighths of an inch wide, the words "brought forward" shall be printed, and in the similar space on the ex- treme right the words "carried forward." In each other space three-eighths of an inch wide the word "Number" or "No." shall be printed. And over the column of names the words "Officers and Candidates" shall be printed.
Sec. 297. Same— Numbering tallies, etc. — White and pink ballots — On the same line, in the spaces five-eighths of an inch wide, shall be printed in figures, commencing on the left, "5," "10," "15," and so on in multiples of five. In each column headed "Number" or "No." shall be printed in figures, in nu- merical order, "i," "2," "3," and so on, the figure "i" being placed in line with and opposite the name of the candidate
OF MINNESOTA FOR 1905. 67
nearest the top, and the figure "2" opposite the name of the next candidate, and in like manner down the column, each column headed "Number" to be counterpart of every other column so headed. A similar tally sheet shall be provided for the pink ballots.
Sec. 298. Tally sheets for blue and red ballots — The form of tally sheets furnished by county auditors shall be the same as those furnished by the secretary of state, except that the word "blue" shall be substituted for the word "white" or "pink" in the heading; and those furnished by the officials charged with the printing of the red ballots shall be the same, except the word "red" shall be substituted for the word "white" in said heading, and the names of candidates may be printed or written, or partly printed and partly written. '
Sec. 299. Same — Number supplied — Deficiency — Such tally sheets may be printed separately and numbered consecutively, or stitched together, but in either case a sufficient riumber shall be furnished for- the proper tallying of all votes cast. When proper tally sheets have not been received by any board and cannot be readily obtained, the clerks shall prepare them in conformity with those hereinbefore described, in which case they shall certify that they were so prepared and used because the official tally sheets were not received.
Sec. 300. Canvassing and counting votes — When canvass- ing the votes, a memorandum shall be kept containing the name of the reading judge, the number of ballots read by him, the name of the judge watching such reading, and the name of the judge stringing the ballots and watching the clerks; and when the judges change places, or clerks are relieved, tem^ porarily or otherwise, that shall be noted. Such memorandum shall be certified in duplicate, and a copy thereof attached to each set of tally sheets. When the reading judge announces the name of a candidate and the office voted for, each clerk shall make a small mark, like the figure "i," in the small un- occupied space nearest such name, and on a line therewith, and one clerk at the time of making such mark shall say, "one," "two," "three," "four," or "five," as the blank space is first, second, third, fourth, or fifth in any space five-eighths of an inch wide and formed by red lines. When such space is the proper one, the other clerk shall enter the same; when not,
58 THE ELECTION LAWS
he shall so state, and the marks shall be corrected so as to agree. As the other names are read, the proper marks shall be made on each of the tally sheets until a line on which is the name of any one candidate shall contain no more unoccupied small spaces. Then, the sheets having been compared, a mark in red ink shall be made thereon in such manner that no addi- tional tallies c-an be made therein without detection.
Sec. 301. Same — In the vacant space under the heading "carried forward," the total vote, so far as counted for each candidate, shall be entered in figures opposite their respective names, and the same figures shall be entered under the head- ing "brought forward," on the next sheet, opposite the names. The clerks shall proceed in the same manner with the second sheet, including under the heading "carried forward" the num- ber entered under "brought forward." They shall use the sheets in the order in which they are numbered until all votes have been counted. Then, having made a mark to prevent other tallies, they shall place after the same, in both words and figures, the total vote received by each candidate ; but this entry shall not be made until it has been determine.] that there are no ballots in other boxes to be counted here. No person except the clerks shall make any entry upon the tally sheets, and every person so doing, and every judge or clerk permitting it to be done, shall be guilty of a misdemeanor. ('97 c. 242 s. 2)
Sec. 302. Rules for counting marks on ballots — All ballots shall be counted for the persons for whom they were intended, so far as such intent can be clearly ascertained from the ballots themselves, and, in determining such intent, the following rules shall be observed:
1. When a voter has placed a mark (X) against two or more names for the same office, where only one is- to be elected, his vote shall not be counted for either candidate.
2. When a voter has written the name of a person in the proper place, his vote shall be counted for such person, whether he makes a mark (X) opposite thereto or not.
3. When a mark (X) is made out of its proper place, but on or so near a name or space as to indicate clearly that the voter intended to mark such name, the vote shall be counted as so intended.
OF MINNESOTA FOR 1905. 59
4. When a number of persons are to be elected to the same office, all cross marks in squares opposite names, not exceeding the whole number to be elected, including names written there- on, shall be counted. When less than the number to be elected are marked, only those so marked shall be counted.
5. The judge shall disregard misspelling or abbreviations of the names of candidates, if it can be clearly ascertained from the ballot for whom it was intended.
6. When the judges can determine from a ballot the voter's choice for a part only of. the officers, the ballot shall be counted for such part only.
7. When a voter uses uniformly a mark other than (X) in marking his ballot, clearly indicating his intent to mark against a name, and does not use (X) anywhere else on the ballot, his vote shall be counted for each candidate so marked.
8. When a ballot shows that marks have been made against the names of two candidates, and an attempt made to erase one of such marks, it shall be counted for the candidate for whom it was evidently intended.
9. All ballots marked as hereinbefore provided shall be counted for the candidates or measures therein shown to be voted for.
Sec. 303. Defective ballots — Announcement of vote — A bal- lot so defective in whole or in part that it cannot be counted by reason of inability of the judges to determine the intent of the voter shall be marked on the back "Defective," or "De- fective as to ," naming the office as to which
it is defective. Such ballots shall be strung in regular order with those not defective. A memorandum of the number of such ballots, and, if defective in'part only, of the defective parts not counted, shall be made, certified, and returned by the judges with their other returns. Thereupon the ballots shall be strung in the order they are read and canvassed, the string tied and sealed, ami the ballots replaced in the proper boxes. When the correct result has been ascertained, one of the can- vassing judges shall publicly announce to those present the number of votes cast for each candidate.
Sec. 304. Ballot judges and clerks — Appointment — For gen- eral elections, in cities of the first, second, and third classes one additional judge and two additional clerks, to be known
60 THE ELECTION LAWS
as ballot judge and clerks, shall be appointed in each district, and vacancies in their number filled in the same manner as in case of other judges and clerks. Not more than two of the four judges, nor more than two of the four clerks, shall belong to the same political party. Such ballot judge and clerks shall render no service prior to the election or after the canvass, ex- cept as expressly provided by law. In cities of the fourth class, and in villages and towns, such ballot judge and clerks shall be appointed whenever the governing body thereof, at least thirty days prior to the election, shall so order. Such system, when adopted, shall be uniform in all the districts, and shall be continued until otherwise ordered by the govern- ing body.
Sec. 305. Same — Duties — Such ballot judge shall be in at- tendance at the opening of the polls, and serve until the votes are counted. He shall receive the ballots from the regular judges, and, in their issue to voters, act in place and perform the duties of the regular judge in charge of the ballots. Such judge and one of the regular judges, not a member of the same political party, shall place their initials on the back of the bal- lots, instead of two regular judges. When a challenge is in- terposed, it shall be referred to the regular election board, and no ballots shall be issued until the same has been determined. The ballot judge shall also have charge of the door, and see that voters retire promptly to the booths, and that the gate- keeper performs his duty. The ballot clerks shall not act dur- ing the election, but be present at the hour of closing the polls, and assist in counting the ballots and making the returns, as provided by law.
Sec. 306. Same — Number slips and receipts for ballots — When so directed by the regular election board, the ballot judge shall deliver to the elector with his ballots a card or paper containing the first letter of such voter's surname, and his number on the register, which he shall hand with his bal- lots to the judge in charge of the ballot boxes, who, in addition to his other announcements, shall state such number, as an aid to the other judges in finding his name on their register; and the judge in charge of the- ballot boxes, after an elector has voted, may give him a statement to be delivered to the ballot judge, showing that his ballots have been properly used.
OF MINNESOTA FOR 1905. 61
Sec. 307. Statement of vote cast — After the polls have been closed, the ballot judge shall attach to the register, at the end thereof, a statement in substance as follows: "The whole num- ber of the above-named persons who were present and received
ballots for the purpose of voting was The number
of persons returning spoiled ballots and receiving others was
, the spoiled ballots being: White ballots, ;
pink ballots, ; blue ballots, ; red ballots,
; total, ." The blanks shall be filled by
both words and figures. Such statement shall be certified by the ballot judge and attested by the ballot clerks.
Sec. 308. Ballots, by whom canvassed and counted — The ballot judge and one of the regular judges, not of the same political party, and the ballot clerks, shall canvass and count the white and pink ballots and make out the returns therefor, and the other judges and clerks the blue ballots. When there is a red box, unless special judges and clerks have been ap- pointed for that purpose, the ballots therein shall be canvassed and counted, and the returns made out by the canvassers first completing their other work; or the canvassers may relieve one another, as they see fit. But in every case the memoranda provided for in this chapter shall be kept, the canvassing and counting done, and the returns made, the same as where no ballot judge or clerks are appointed; and all the judges and clerks shall sign the returns. Each political party shall be entitled to one watcher for each set of canvassers.
Sec. 309. Special judges and clerks — Appointment — Duties — In every city in which the charter election shall be held on the same day as the general election, at least thirty days prior thereto, in addition to the other officers provided for in this chapter, there shall be two special judges and two special clerks who shall be appointed in the same manner as regular judges and clerks are appointed, and subject to the same provisions as to filling vacancies. Such judges and clerks shall not act during the election, but be present at the hour for closing the polls, and canvass and count the red ballots only.
Sec. 310. Special and ballot judges and clerks — Qualifica- tions— Pay — Ballot judges and clerks and special judges and clerks shall have the same qualifications and receive the same compensation for like services as regular judges and clerks,
62 THE ELECTION LAWS
and be subject to like penalties. They shall deliver all returns made by them, and all election supplies, to the regular election board, and such board shall thenceforth proceed in all things as though no additional judges or clerks had been appointed. No such additional judges or clerks shall be employed at any except a general election.
Sec. 311. Sealing boxes— As soon as practicable after the canvass has been completed, and in the presence of all the judges, each box shall be locked, and sealed by pasting firm paper across the lid and body thereof in such manner that it cannot be opened without breaking the seal; and each judge shall write his name upon said paper in such place as to prevent the box being opened without tearing the name. Such seal- ing shall be done before the board separates or adjourns, but not until, by a canvass of the ballots in all the boxes, it has been ascertained that all the ballots to be sealed in a box have been placed therein.
Sec. 312. Seals to remain unbroken — Additional seals — As soon as practicable after each ballot box has been sealed, it shall be deposited with the clerk of the municipality or town, and there remain with unbroken seals until the next general election, unless previously opened by proper authority for ex- amination or recount. When a committee of any political party represented on the ballot to be voted at any general elec- tion shall apply, on or before the day of election, to the legal custodian of the ballot boxes for permission to affix additional seals and securities thereto, he shall fix a time, not later than two days after election, when it may be done, and shall forth- with notify the applicant and all candidates on such ballot, or their representatives, of such application, and of the time when, at his office and in his presence, such additional seals and secur- ities are to be affixed. Representatives of any other political party, then present, on request, shall be allowed a like priv- ilege, but the seals affixed by the board shall not be defaced or injured thereby.
Sec. 313. Poll lists and registers, how disposed of — When the canvass has been completed, one poll list and one register, kept and checked as in this chapter provided, shall be attached together by the judges and forthwith filed with the clerk of the municipality, together with the ballot register, if any; and
OF MINNESOTA FOR 1905. 63
the other poll lists, registers, and poll books so kept and checked shall be by said judges forthwith returned to the county auditor with the election returns. Such polls lists and registers shall be open at all times to public inspection without charge.
Sec. 314. Form of returns — In making out the returns, the clerks shall set down the total number of names, entered upon the registers, male and female separately, in columns prepared therefor, the total number of ballots actually cast and counted, the name of each person voted for, the number of votes re- ceived by him, and the office, all numbers being written in both words and figures. Such returns shall be in substantially the
following form, viz. : "At an election held at
in the election district, composed of
in the county of , State of Minnesota, on the
day of , 19 , the following
named persons received the number of votes opposite their re- spective names for the following office, to-wit: For (office),
A. received votes;" and the same in case of every
person voted for. Such returns shall be made in duplicate, each signed by the judges and attested by the clerks of elec- tion.
Sec. 315. Returns to be sealed and delivered — Before sep- arating, the judges shall include one set of such returns in each of two envelopes, one of which envelopes shall then be sewed by drawing twice through it and the return therein a substan- tial twine, tying the ends thereof together and then sealing said envelope in three places with wax and stamp furnished by the county auditor, one of which places shall be over the knot in said twine, then indorse each envelope in the following form :
"Election returns of the election district of in
the county of ," and direct one of such en- velopes to the auditor and the other to the proper town, village, or city clerk. In towns, villages, and cities of the fourth class, one set of such returns, together with all unused and spoiled white, pink, and blue ballots, shall be delivered to the auditor at his office, by a judge chosen by lot or agreement, and the other, in like manner, to the clerk of the municipality. The judges also shall make a summary statement of the total votes cast for each person for any office, and for and against each
64 THE ELECTION LAWS
proposition voted upon, and cause the same to be filed with the auditor with such returns, where it shall remain open to public inspection.
Sec. 316. Delivery of returns and unused ballots — In towns, villages, and cities of the fourth class, the judges in all districts within fifty miles of the county seat shall file their election re- turns within twenty-four hours after the polls close, and, when the distance is more than fifty miles, within seventy-two hours. In cities of the first, second, and third classes, immediately after the canvass has been completed and the returns prepared, the judges and clerks, before separating and without stopping at any place or leaving any of their ballot boxes, returns, or ballots at any place or with any person, shall deliver to the city clerk, at his office, one set of such returns, the ballot boxes, all unused and spoiled red ballots, and all other things in this chapter required to be delivered by them to such clerk; and the clerk shall remain in his office to receive the same until all have been delivered. The clerk shall keep a book in which, in their presence, he shall enter the names of the judges and clerks, and the hour at which such delivery was made, which book shall be preserved in his office for the same period as the ballots. The judges in each district shall forthwith choose one of their number, by lot or agreement, to deliver the other copy of such returns, and the unused and spoiled white, pink, and blue ballots, to the auditor. The judges so chosen shall deliver such returns, ballots, and all other things in this chapter required to be so delivered, to such auditor, at his office, within twenty-four hours after delivery of the ballot boxes and returns to the city clerk.
Sec. 317. Failure to deliver return — Special messenger — Whenever the judges of election fail to make return as pro- vided in this chapter, the auditor -or clerk to whom such re- turns should have been made shall dispatch a special messenger to obtain them, who shall be entitled to the same compensation as a judge of election for like services, and be subject to the same penalties.
Sec. 318. Informalities — No officer to whom election re- turns are required to be made shall refuse to receive them because they are returned or delivered to him in any other manner than that prescribed in this chapter, except that they
OF MINNESOTA FOR 1905. 65
must be sealed. No canvassing- board shall refuse to include any returns in its canvass of votes on account of any informality in holding the election or making returns thereof, but all re- turns shall be received and the votes canvassed 'by such board and included in its statements where there is a substantial com- pliance with the provisions of this chapter.
Sec. 319. County canvassing board — The auditor, the chair- man of the county board, and twro justices of the peace selected by the auditor, from opposing political parties when possible, shall constitute the county canvassing board, any three of whom being present and sworn shall have power to act. Said board, within ten days after the election, shall meet at the auditor's office and there publicly canvass the returns made to said auditor. Said canvass shall be completed without un- necessary delay, and thereupon said board shall make, certify, and file with the auditor statements as follows:
1. Of the whole number of votes cast in such county for the several state officers, including presidential electors, mem- bers of the legislature, and judges of the district court, the names of the persons for whom such votes were cast, and the number cast for each. Also, upon the same return, the total number of registered names, male and female separately, in each election district, and the total number of ballots cast therein.
2. Of the names of all persons receiving votes for any coun- ty office, and the number of votes received by each.
3. Of the names of all candidates for the office of repre- sentative in Congress, and the number of votes received by each.
4. Of the number of votes cast for and against any proposed change of county lines or county seat.
5. Of the number of votes cast for and against any pro- posed amendment to the constitution, or other proposal sub- mitted to popular vote.
Sec. 320. Returns to secretary of state — Two copies of each of such statements shall be made and certified under the official seal of the auditor, each inclosed in an envelope directed to the secretary of state, with the auditor's name and official address and the words "Election Returns" indorsed thereon, and for- warded by different mails within five days of each other. If
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neither copy be received by the secretary within twenty days after the election, he shall immediately notify the auditor of that fact, who shall transmit another copy thereof to said secre- tary by special messenger deputed by him.
Sec. 321. County canvassing board to declare persons elect- ed— The board, having completed its canvass, shall declare the person receiving the highest number of votes for each county office duly elected thereto. When such county consti- tutes or contains a senatorial or representative district, it shall declare the persons receiving the highest number of votes, re- spectively, for senator or representative, duly elected.
Sec. 322. Certificates of election and copies of returns — The auditor of each county shall make, for every officer and member of the legislature elected therein a certificate of such election, and deliver the same to the person entitled thereto, without fee, upon demand. He shall also make, for any can- didate or voter of his county, a certified copy of any statement of votes made by the county canvassing board, on payment or tender of one dollar therefor.
Sec. 323. Legislative vote — More than one county — In leg- islative districts whose senators or representatives are voted for in more than one county, the auditor of each county shall make, under his official hand and seal, and from the returns in his office as determined by the county canvassing board, a statement of the votes cast for the several candidates for sen- ator or representative, as the case may require. Such certifi- cates shall be filed within fifteen days after the election with the auditor of the county senior in age, or, if none be senior, of that casting the largest vote at the preceding general elec- tion.
Sec. 324. Same — Canvass of votes, etc. — The auditor with whom said certificates are filed, two justices of the peace select- ed by him, the chairman of the county board of his county, and such auditors of the other counties forming parts of such district as may choose to attend, shall constitute the legislative canvassing board. Such board shall meet on the twentieth day after the election at the office where said certificates are filed, and there open and canvass the auditors' returns and declare the results of the vote. Said auditor shall thereupon make
OF MINNESOTA FOR 1905. 67
and deliver certificates of election to the persons having the highest number of votes for senator and representatives, re- spectively.
Sec. 325. Same — Correction of errors — Whenever it shall appear to such board that any of the returns so canvassed by them are erroneous in any respect, one of its number shall be deputed to take the same to the officer or board responsible for such error, and secure its correction. If necessary therefor, any county canvassing board shall reassemble forthwith and such correction be made : Provided, that it shall not change any decision previously made, but shall only cause its canvass to be correctly stated. The legislative board may adjourn in such cases from day to day, not exceeding ten days in all.
Sec. 326. State canvassing board — The secretary of the state shall call to his assistance two or more judges of the supreme court and two disinterested judges of -the district court, and they shall constitute the state canvassing board. He shall appoint a meeting of such board to be held in his office on the fourth Tuesday of November after each general election, and within thirty days after a special election. When a vacancy in the membership of said board occurs by reason of inability or failure of any such judge to attend on the day appointed, he shall fill the vacancy by selecting another disinterested judge from either court : Provided, that not more than two judges of the supreme court shall be obliged to serve upon such board at one time. (c. 76, G. L. 1909)
Sec. 327. Statement of votes — Declaring result — Such board shall open and canvass the certified copies of the statements made by the county canvassing boards, prepare therefrom a statement of the whole number of votes cast at such election for candidates for the several state offices, the names of the persons. receiving such votes and the number received by each, specifying the several counties in which they were cast. Such board shall subscribe and certify to the correctness of such statement, and within three days after such canvass declare the result.
Sec. 328. Canvass of votes for members of Congress and presidential electors — At the same time such board shall open and canvass the returns made to the secretary of state for members of Congress and presidential electors, and prepare a
68 THE ELECTION LAWS
statement of the number of votes cast for the several persons receiving votes for said offices, and declare the person or per- sons receiving the highest number of votes for each office duly elected. But when it appears that more than the number of persons to be elected as presidential electors have the highest and an equal number of votes, the secretary of state, in the pres- ence of said board shall decide by lot which of such persons shall be declared elected. The governor shall transmit to each per- son so declared elected a certificate of election, signed by him. sealed with the state seal, and countersigned by the secretary of state; and immediately after said canvass is completed he shall cause a statement of their election to be published in one or more of the newspapers printed at the state capital. When- ever two or more persons in any congressional district receive the same and the highest number of votes for representative in Congress, a special election shall be called, as hereinafter provided, for the election of a representative in Congress in such district.
Sec. 329. Notice of presence of electors — Vacancies — Ties—
Every presidential elector, before 12 o'clock m. on the day next preceding that fixed by Congress for such electors to vote for President and Vice-President of the United States, shall notify the governor that he is at the state capitol, and ready at the proper time to fulfil his duties as such elector. The governor shall thereupon deliver to the electors present a certificate of the names of all the electors, and if any elector named therein .fails to appear before 9 o'clock a. m. on the day, and at the place, fixed for voting for President and Vice- President of the United States, the electors then present shall, in the presence of the governor, immediately elect by ballot a person to fill such vacancy. If more than the number of per- sons so required have the highest and an equal number of votes, the governor, in the presence of the electors attending, shall decide by lot which of said persons shall be elected.
Sec. 330. Same — Notice, etc. — Immediately after such va- cancies have been filled, the electors present originally chosen shall certify to the governor the names of the persons so elect- ed to complete their number, and the governor shall at once
OF MINNESOTA FOR 1905. 69
cause written notice to be given to each person so elected to fill a vacancy; and the persons so chosen shall be presidential electors, and meet and act with the other electors.
Sec. 331. Meeting and action of electors — Such original and substituted presidential electors, at 12 o'clock m., shall meet in the executive chamber, at the state capitol, and then and there perform all and singular the duties imposed upon them as such electors by the constitution and laws of the United States and this state.
Sec. 332. Election contest for legislature — Notice — Any
voter of a senatorial or representative district may contest the validity of the election of any person declared elected to the senate or house of representatives for such district, or his right to a seat therein, by causing to be served upon the contestee, within fifteen days after the completion of the final canvass, a written notice, specifying the points on which the contest will be made, and naming two justices of the peace of such legis- lative district before whom depositions relative thereto will be taken, and the time and place thereof, which time shall not be later than forty days after the election. Such notice shall be served in the same manner as a summons in a civil action, at least ten days before the time named therein for taking such depositions.
Sec. 333. Additional points — Notice by contestee — Within ten days after the service of such notice, the contestee, if he desires to offer testimony upon points not specified therein, may serve a like notice upon the contestant, specifying such additional points; naming two justices of the peace of the dis- trict to take the testimony, and fixing a time and place there- for. Such time shall be not less than ten days after the service, nor more than ten days after the date fixed in the contestant's notice.
Sec. 334. Testimony — How taken and certified — Said jus- tices, or either of them, shall issue subpoenas to all witnesses whose attendance is required by either party. They shall ad- minister the oath to all witnesses produced, and reduce their testimony to writing, but shall receive no testimony which does not relate to some point specified in the notice in which they are named. Such notice, with proof of the service thereof.
70 THE ELECTION LAWS
shall be attached to the evidence taken, which shall be duly certified and transmitted to the presiding officer of the house by which the contest is to be tried.
Sec. 335. Conduct of contest in legislature — Rules — In hear- ing the contest, the house shall proceed as follows :
1. At the time appointed, the parties shall be called, and, if they appear, their appearance shall be recorded.
2. If the presiding officer be a party, a speaker pro tem. shall be elected to preside.
3. The contestant's evidence shall be submitted first, fol- lowed by that of the contestee, and the contestant shall open the argument, and close the same after the contestee has been heard.
4. The vote upon the contest shall be viva voce, any mem- ber may offer reasons for the vote he intends to give, and a majority of the votes given shall decide ; but no party to the contest shall vote upon any question relative thereto.
5. The clerk or secretary shall enter the proceedings in the journal.
Sec. 336. Contesting state and municipal elections — Notices — Trial — Any voter may contest the election of any person for or against whom he had the right to vote, who is declared elected to a state, county, or municipal office, or the declared result upon a constitutional amendment or other question sub- mitted to popular vote, by proceeding as follows : He shall file with the clerk of the district court of the county of his residence, within ten days after the canvass is completed, a notice of appeal to such court, specifying the points upon which the contest will be made, and cause a copy thereof to be served upon the contestee when the contest relates to the election of an officer, upon the secretary of state when it is a matter submitted to popular vote which affects the entire state, or any subdivision thereof larger than a county, upon the au- ditor when it affects a single county, and in all other cases upon the municipality affected. In case of a contest as to a state office, the notice may be filed in any district court of the state, but the place of trial may be changed as in civil actions. When the contestee desires to offer testimony on points not specified in contestant's notice, he shall file and serve on the contestant
OF MINNESOTA FOR 1905. 71
notice thereof, within ten days after notice of the appeal, speci- fying such additional points. Such notices shall be treated as the pleadings in the case, and may be amended in the discre- tion of the court. They shall be served in the same manner as a summons in a civil action, and the testimony shall be taken, and the matter tried and determined, in the same manner as such actions are tried by the court, at a general or special term, if any, occurring within thirty clays after such canvass. When no term is already fixed, the judge shall seasonably appoint a special term to be held within such time. ('01 c. 365)
Sec. 337. Inspection of ballots — How obtained — After a con- test has been instituted, either party may have the ballots in- spected before preparing for trial. The party applying for such inspection shall file with the clerk a verified petition, stat- ing that he cannot properly prepare his case for trial without an inspection of such ballots, and thereupon the judge of said court shall appoint three persons, if for a county or municipal office, one selected by each of the parties and a third by those two, by whom such inspection shall be made. If the contest relates to a state office, or to the declared result upon a con- stitutional amendment or other question submitted to popular vote throughout the state, a judge of said court shall appoint three persons in each county, one selected by each of the par- ties in each county and a third by those two by whom such inspection shall be made. It shall be conducted in the presence of the legal custodian of the ballots, and the party applying therefor shall file with the clerk a bond in the sum of $250, with two sureties approved by the judge of such court. If the contest relates to a state office or to the declared result upon a constitutional amendment or other question submitted to popular vote throughout the state, the bond shall be for such sum as the court shall designate, conditioned, that he will pay the costs and expenses of such inspection in case he fails to maintain his contest. . In case either party neglects or refuses to name an inspector, he shall be selected by the judge.
Sec. 338. Appeal to supreme court — Method of procedure — When an appeal is taken to the supreme court from the de- termination of the district court in any contest, the party appealing shall file in the district court a bond in such sum, not
72 THE ELECTION LAWS
less than five hundred dollars, and with such sureties, as shall be approved by the judge, conditioned for the payment of all costs incurred by the respondent in case appellant fails on his appeal. The return on such appeal shall be made, certified, and filed in the supreme court within fifteen days after service of notice of appeal. The appeal may be brought on for hear- ing in said court at any time when it is in session, upon ten clays' notice from either party, which may be served during term time or in vacation ; and it may be heard and determined summarily by said court.
Sec. 339. Contesting vote on county seat removal, etc. — When a vote is taken in any county on the removal of the county seat, changing county lines, or on any other question submitted to popular vote, any voter therein may contest the declared result thereof. Within thirty days after such result is declared or proclaimed, he shall cause to be served on the county board of the county in which said vote was taken, or on a member thereof, a notice specifying the points on which said election will be contested; and within ten days after such service he shall file with the clerk of the district court of said county a copy of such notice. No appeal to said court shall be required. Such district court, at its first general or special term thereafter, shall hear and determine such contest as in the case of civil actions triable by the court. Such county board, or upon its failure any voter of the county, may appear and defend in such contest.
Sec. 340. Defective ballots — Whenever in any contested election the tribunal hearing the contest shall determine that the ballots used in any district, by reason of the omission, addi- tion, misplacing, misspelling, or misstatement of one or more titles of offices, names of candidates, or parties or policies rep- resented by them, were so defective as to the office in contest as to be calculated to mislead the voters in regard to any of the candidates for said office, and that the defective condition of said ballots may have affected the result of the entire elec- tion for such office, the election shall be declared invalid as to said office.
Sec. 341. Compensation for election services — The com- pensation for services performed under this chapter shall be as follows :
OF MINNESOTA FOR 1905. 73
1. To presidential electors, ten dollars for each day's at- tendance at the capitol, and five cents for each mile necessarily traveled in going to and returning from St. Paul.
2. To members of the state canvassing board, three dollars for each day's attendance, and ten cents for each mile of neces- sary travel.
3. To persons carrying ballots from, and returns to, county auditors' offices, one dollar for each trip necessarily made, and ten cents for each mile of necessary travel.
4. To auditors, chairmen of county boards, justices of the peace, and others acting in their places, three dollars for each eight hours of service as members of any canvassing board, and ten cents for each mile of necessary travel.
5. To regular, special, and ballot judges and clerks of elec- tion, twenty-five cents for each hour necessarily spent in regis- tering voters and receiving votes, and thirty cents for each hour so spent in counting and canvassing ballots.
6. To special peace officers, twenty cents for each hour of service rendered by direction of the judges.
Sec. 342. Compensation and other expenses, how paid — Tfre compensation prescribed in section 341, subds. I, 2, the cost of printing the white and pink ballots, and all necessary expenses incurred by the secretary of state in connection with elections, shall be paid by the state out of any moneys not otherwise appropriated. That prescribed in section 341, subds. 3, 4, the cost of printing the blue ballots, and all necessary ex- penses incurred by the auditors in connection with elections, shall be paid by the respective counties. That prescribed in the remaining subdivisions thereof, the cost of printing the red ballots, of providing ballot boxes and polling places, and equip- ping the same, and all necessary expenses of the clerks of municipal corporations on account of elections, shall be paid by the respective towns, villages, or cities where the elections are held. All disbursements hereunder shall be presented, audited, and paid as in the case of other public expenses.
Sec. 343. Application to towns and villages — Exceptions as to cities — The foregoing provisions of this chapter shall not apply to elections of town officers, nor, except those relating of order thereat, to village elections. And nothing herein shall
74 THE ELECTION LAWS
affect the terms of city officers, or the times of holding city elections, as prescribed by the charters of the several cities.
('95 c- J39)
Note — Chapter 180, Laws of 1909, provides that sections 153- 343, Revised Laws of 1905, are not applicable to candidates for office at special elections in cities having a population of more than 10,000 and less than 20,000, and the chapter referred to makes provision for special elections in cities of that class.
VOTING MACHINES.
Sec. 344. Municipal corporations may provide — The gov- erning body of any municipal corporation, at any regular meet- ing thereof, or at any special meeting called for that purpose, may provide for the use of automatic voting machines in any one or more districts thereof, at all elections to be held therein; but, in an election of school officers only, the use of such ma- chines shall not be made compulsory. No such machine shall be adopted or used unless it be so constructed and operated as to insure the secrecy of each vote, and to automatically regis- ter and count all the votes given, and to conceal the number of votes for each candidate and upon each proposition from the opening of the polls to the closing thereof. ('99 c. 315 s. i)
The governing body of any city, village or town in this state may provide for the use of voting machines in ^11 or one or more election districts thereof at all elections to be held there- in, including primary elections; and at any such elections, the vote or ballot may be had and taken, and the votes cast thereat registered or recorded and counted, and the results of such election or elections ascertained by the use of voting machines instead of in the mode and manner now established by law, provided, howrever, that the adoption, examination, purchase and use of such machines and their use at such elections, shall be subject to the provisions hereinafter contained.
Where voting machines are authorized and employed, the arrangement of the names of the candidates thereon for each office shall be substantially the same as that prescribed by law where printed ballots are used, except that the provisions con- tained in the general election law requiring the rotation of the names of candidates where more than one is to be elected to
OF MINNESOTA FOR 1905. 75
the same office, need not be observed. In such case the names of the candidates of the various political parties shall be ar- ranged on the ballot form alphabetically according to sur- names.
The machine adopted or employed must be so constructed as to insure to every elector, an opportunity to vote in secret; to permit him to vote once and only once for all the candidates and upon all the propositions for whom or upon which he is legally entitled to vote ; to permit him to vote by means of some device connected with the mechanism of the machine, for any person for any office elective by the voters of his elec- tion district at such election, although such person has not been regularly nominated for such office by any political party, and his name does not appear upon the ballot form on or in such machine as a candidate for such office; to prevent the elector from voting for more than one person for the same office, un- less he is lawfully entitled to vote for more than one person therefor, and in that event to limit him to the number to be elected to that office; to prevent him at a primary election, from voting for the nomination of candidates of more than one party, or for any person whose name is not on the official ballot at such election; to prevent him from voting for any office or upon any proposed amendment, question or proposi- tion, for whom or upon which he is not lawfully entitled to vote ; to permit him to change or retract any vote he has attempted to cast for any candidate for any office or upon any proposition up to the time his vote has been completed, and his vote in favor of such person or proposition has been registered thereon. No machine which does not comply with these requirements shall be approved, authorized or employed.
There is hereby created a body to be known as "The Minne- sota Voting Machine Commission," consisting of three mem- bers, including the attorney general, who shall be chairman.
Within thirty days after the passage of this act, there shall be appointed as members of said commission, two competent and responsible persons, who shall be master mechanics or graduates of a school of mechanical engineering.
The governor shall appoint one of said members and the attorney general the other.
76 THE ELECTION LAWS
None of the members of said commission shall, directly or indirectly, have any pecuniary interest in any voting machine. The said appointees shall serve for a term of four years from the date of appointment and until their successors are in like manner appointed. The appointing power may fill vacancies in said commission. The said members of said commission so appointed shall qualify without delay by taking and filing with the secretary of state an oath of office in writing in the usual form, and shall elect one of their members to be secretary and one to be treasurer.
Any person, company or corporation, owning or being inter- ested in any voting machine may apply to said commission to examine such machine and to report as to its. compliance with the requirements of the law and on its accuracy, durability, efficiency and capacity to register the will of electors. The commission shall thereupon examine the machine so submit- ted, and make and file its report thereon. Said examination shall not be required as to each individual machine, but only as to each particular kind or type of machine, before its adop- tion, use, or purchase as provided herein.
The report of said commission shall be signed by the attor- ney general and at least one other member, and shall be filed with the secretary of state within ten days after the close of said examination.
If, from said report, it shall appear that, in the opinion of the commission, the kind of machine so examined complies with the requirements of this act and can be used safely at elections in this state, under the conditions prescribed by this act and by the laws of the state where the same do not conflict here- with, then said machine shall be deemed approved by said commission, and machines of its kind may be adopted and pur- chased for use, and may be used at elections in this state as herein provided. No form of voting machine not so approved may be used at any election in this state.
As the examination fee herein, said application shall be accompanied by the sum of one hundred and fifty dollars. After there has been deducted and paid out of said sum all expenses incurred by said commission in the discharge of its duties herein the balance shall, at such time as the commis-
OF MINNESOTA FOR 1905. 77
sion may decide, be paid in equal parts to the members of said commission other than the attorney general as full compensa- tion for their services and expenses herein.
Whenever the governing body of any city, village or town shall determine to use such machines, it shall by resolution or ordinance prescribe suitable rules and instructions not incon- sistent with the provisions of this act for using the same, sub- mit the same to the attorney general for his approval, and when approved by him, cause notices thereof to be given, as in the case of election notices.
The governing body of each city, village and town in this state is hereby authorized to purchase for the use of each elec- tion district, in which it has authorized the use of voting ma- chines, one or more such machines in complete working order, and to make suitable provision for the adjustment, custody and care thereof.
No more than three judges of election and no more than two clerks of election shall be employed to officiate in any district wherein voting machines are used. The judges shall enforce the rules prescribed for the use of such machines, and carry out all the provisions of the election laws of this state relating to elections, except such as are rendered inapplicable by the use of such machines. The election districts in which voting machines are to be used may be enlarged or reformed in the manner prescribed in the general election law, so that each district shall, when so first formed, contain not to exceed six hundred male electors, as shown by the registration books used at the then next preceding general election.
Payment for such machines may be provided for in such manner as is deemed for the best interests of the political divi- sion adopting and purchasing them, and each city, village and town is hereby authorized for said purpose, to appropriate money from the general fund, to levy a tax in the same man- ner as other taxes are levied, or to issue and sell bonds or other certificates of indebtedness, which shall be a charge upon such city, village or town so adopting and purchasing such voting machines, and to provide for the payment and redemp- tion thereof, at maturity. Such bonds or other certificates of indebtedness when issued by a city having a population of more than fifty thousand inhabitants according to the last preceding
78 THE ELECTION LAWS
state or national census, may be issued by a majority vote of its governing body, and when issued by a city of any other class or by a village or town, by vote of its governing body duly ratified by the electors of such city, village or town at the next election held therein.
The bonds or certificates of indebtedness so issued may bear interest at a rate not exceeding six per cent per annum and may be made payable at such time not exceeding twenty years from the date thereof, as may be determined by the resolution or ordinance authorizing the issuance thereof, and may be issued exclusive of and in addition to any limit of indebted- ness fixed by the charter of such city or village, or by the laws of this state for such city, village or town, but such bonds or certificates shall not be issued or sold at less than par and accrued interest thereon.
All laws and parts of laws now in force in this state relat- ing to state, county, city, village and town elections, and defin- ing the powers and duties of election officers so far as applicable to the use of voting machines, shall remain in full force and effect, and all laws and parts of laws inconsistent herewith shall be suspended in each city, village, town or election district wherein such voting machines are used, so long as the same shall be used therein.
Any person who shall wilfully injure or attempt to injure, or render ineffectual, any voting machine provided in accord- ance with the provisions of this act, or who shall violate any of the provisions hereof, shall be guilty of a misdemeanor and punished accordingly. (1905 c. 267)
Sec- 345- Rules for use — Whenever the governing body of any municipal corporation shall determine to use such ma- chines, it shall, at a regular or special meeting held not less than thirty days before the election, prescribe suitable rules and instructions, not inconsistent with the provisions of this chapter, for using the same, submit the same to the attorney general for his approval, and, when approved by him, cause notice thereof to be given as in the case of election notices. ('99 c. 315 s. 2)
Sec. 346. Bond to keep in repair — No payment shall be made upon the purchase price of any such machine until the vendor thereof shall have filed with the secretary of state a
OF MINNESOTA FOR 1905. 79
bond with sufficient sureties, specifying such machine by its number, and conditioned to keep the same in good working order, at his own expense, for five years. The penalty of such bond shall be at least two hundred dollars, and upon a breech thereof the amount of such penalty shall be the measure of damages recoverable by the purchaser.
Sec. 347. Election officers where voting machines are used —
No more than two clerks and no more than three judges shall be employed to officiate in any district wherein voting machines are used, except that in any district where two or more vot-^ ing machines are used not to exceed two clerks may be em- ployed for each voting machine used therein. The judges shall enforce the rules prescribed for the use of such machines, and carry out all the provisions of this chapter relating to the elec- tion, except such as are rendered inapplicable by the use of such machines. ('99 c. 315 ss. 3, 4; c. 64, G. L. 1909)
CORRUPT PRACTICES.
Sec. 348. Candidates' expenditures — Legal expenses denned
— No candidate for nomination to any elective office shall directly or indirectly pay, expend, or contribute any money or other valuable thing, or promise so to do, except legal expenses, as the same are hereinafter defined and limited:
1. For the candidate's personal traveling expenses.
2. For rent and necessary furnishing of halls or rooms dur- ing such candidacy for the delivery of speeches relative to prin- ciples or candidates.
3. Payment of speakers and musicians at public meetings, and their necessary traveling expenses.
4. Printing and distribution of lists of candidates, sample ballots, pamphlets, newspapers, circulars, cards, handbills, post- ers, and announcements relative to candidates or political issues or principles.
5. For his share of the reasonable compensation of chal- lengers at the polls.
6. For copying and classifying poll lists.
7. For making canvasses of voters.
80 THE ELECTION LAWS
8. For postage or telegraph, telephone, or other public mes- senger service.
9. For clerk hire at committee headquarters.
10. For conveying infirm or disabled voters to and from the polls. ('95 c. 277 s. i)
Sec. 349. Limit to candidates' expenses — No candidate for any elective office shall, directly or indirectly, pay or expend in the aggregate, or promise, agree, or offer to pay, contribute, or expend, any money or other valuable thing, in order to se- cure, or aid in securing, his nomination, or the nomination and Election of any other person, or in aid of any party or measure, in excess of a sum determined as follows: When the total vote within the same constituency at the last election did not exceed five thousand, two hundred and fifty dollars; for each one hundred voters over that number and under twenty-five thousand, two dollars ; for each one hundred voters over twen- ty-five thousand and under fifty thousand, one dollar; and for each one hundred voters over fifty thousand, fifty cents. ('95 c. 277 s. 6)
Sec. 350. Candidates to file affidavits of expenditures — Every person who shall be a candidate for nomination or election to any elective office, including that of United States senator, shall make in duplicate, within thirty days after the election, a veri- fied statement setting forth each and every sum of money con- tributed, disbursed, expended, or promised by him, and to the best of his knowledge and belief, by any and every other per- son, committee, or organization in his behalf, wholly or partly in endeavoring to secure his nomination or election, or that of any other person, at any caucus, convention, primary, or election; that the affiant has used all reasonable diligence in preparing to make such statement; and that the same is as full and explicit as he is able to make it. And within the time aforesaid he shall file one copy thereof with the officer author- ized to issue the certificate of nomination or election, and the other with the auditor of the county wherein he resides. No officer shall issue any commission or certificate of election to any person until such statements shall have been so filed ; nor shall such person enter upon the duties of such office, or re- ceive any salary or emolument therefrom, until he shall have filed the statements herein prescribed. ('95 c. 277 ss. 7, 9)
OF MINNESOTA FOR 1905. 81
Sec. 351. Action for usurpation — Incriminating evidence —
No person shall be permitted to hold any elective office pro- cured, with his knowledge, connivance, or consent, in violation of any provision of sections 348-350; and any voter of his con- stiluency, by petition specifying such violation, may require the attorney general to proceed against such person as for usurpation of office. But in such cases the petition shall be accompanied by a bond to the state, conditioned for the pay- ment of all costs and disbursements incurred or expended in such proceeding. Upon the trial of such actions, no person shall be excused from answering any question on the ground that the answer would tend to incriminate him. ('95 c. 277 ss. 10-12, 15)
Sec. 352. Contests no bar — Failure of attorney general — The fact that any question raised by a party has been adjudi- cated in any contest of the election of such incumbent shall not bar such proceeding, nor prevent the admission of any relevant testimony. In case the attorney general shall fail to begin such ^proceeding within ten days, the petitioner may begin and con- duct the same in the name of the state, but in such case no re- covery of costs or disbursements shall be had against the state. ('95 c. 277 s. 12)
Sec. 353. Determination of the court — If it shall be deter- mined that one. or more of the charges set forth in the petition have been sustained, judgment of ouster shall be rendered against the incumbent, subject to the provisions of section 354, and for costs; otherwise judgment shall be rendered against such petitioner and his sureties for costs. ('95 c. 277 s. 13)
Sec. 354. Candidate receiving next highest vote made a party — Judgment — The candidate receiving the next highest number of votes for the same office may intervene or be im- pleaded, and in such case, if judgment of ouster is rendered as provided in section 353, such judgment shall award the office to the person who received the next highest number of votes therefor, unless it shall have been determined, upon appropriate pleadings and proof, that he lias also violated the provisions of this chapter, in which case the office shall be declared vacant. ('95 c. 277 s. 10) ^
Sec. 355. Political committee defined — Every two or more persons di-cU'd or appointed by any political party or associa-
82 THE ELECTION LAWS
tion for the purpose, wholly or partly, of raising, collecting, or disbursing money, or directing the raising, collecting or dis- bursing money, or directing the raising, collecting, or disburs- ing thereof, for nomination or election purposes, and every two or more persons who shall co-operate in the raising, collecting, or disbursing of money used or to be used for or against the election to public office of any person or any class or number of persons, or for or against the adoption of any law, ordinance, or constitutional amendment, shall be deemed a political com- mittee, within the meaning of this chapter. ('95 c. 277 s. 16)
Sec. 356. Committee to have treasurer to receive and dis- burse all moneys — Every political committee shall appoint and constantly maintain a treasurer to receive, keep, and disburse all money which may come into his hands, or into the hands of any member thereof, for any of the purposes mentioned in sec- tion 355; and, unless a treasurer be appointed and maintained, neither the committee nor any member thereof, shall collect, receive, or disburse moneys for any such purpose. All moneys collected, received, or disbursed for any of the purposes afore- said shall be paid to such treasurer and disbursed by him ; and no such committee, or member thereof, shall disburse or ex- pend money for any of the objects or purposes aforesaid until the same shall have passed through the hands of its treasurer. ('95 c. 277 s: 17)^
Sec. 357. Duties of treasurer of committee — Every such treasurer shall keep in a book or books provided and preserved by him a full, true, and detailed account of each and every sum of money received or disbursed by him, the date when and the person from whom received or to whom paid, as the case may be, and the purpose for which such sum was received or disbursed. ('95 c. 277 s. 18)
Sec. 358. Treasurer's account, when and where filed — Every such treasurer, within thirty days after each primary or elec- tion concerning or in connection with which he shall have re- ceived or disbursed money for election or campaign purposes, shall prepare and file with the auditor of the county in which he resides a true and detailed statement, subscribed and veri- fied by him, setting forth each and every sum of money by him received or disbursed for such purposes, the date of each receipt and disbursement, the name of the person from whom
OF MINNESOTA FOR 1905. 83
received or to whom paid, and the purpose of each. Such statement shall also contain a detailed list of the unpaid debts, if any, of such committee, with the nature and amount of each, and to whom owing; and, if there are no such debts, the state- ment shall so allege. Such statement shall remain on file for four years, subject to public inspection. ('95 c. 277 ss. 19, 20)
PENAL PROVISIONS.
Sec. 359. False registration — Personation — Every person who causes or attempts to cause his name to be registered in more than one district, or in any district, knowing that he is not a qualified voter thereof, or who falsely represents him- self to be a person other than he is, when attempting to regis- ter for the purposes of voting at any primary, or when apply- ing for a ballot or offering his ballot to be deposited in a ballot box, or when offering to vote by means of a voting machine or otherwise, whether the person he represents himself to be is "Jiving or dead, or a fictitious person, and every person who aids, abets, counsels, or procures any other person to do any of the acts herein mentioned, shall be guilty of a felony. ('95 c. 277 s. 5)
Sec. 360. Offering duplicate ballots, unlawful voting, etc. —
Every person who wrongfully delivers to a judge, to be placed in a box, more than one ballot of the same kind and color, or who fraudulently puts a ballot into any box, or who, not being a qualified voter, votes at any election with unlawful intent, or who votes more than once at the same election, or who pro- cures, aids, assists, or advises another to go into any county, town, or district for the purpose of voting, knowing that such person is not qualified to vote therein, shall be guilty of a felony.
Sec. 361. Bribery before or at elections — Every person who wilfully, directly or indirectly, pays, gives, or lends any money or other thing of value, or who offers, promises, or endeavors to procure any money, place, employment, or other valuable consideration, to or for any voter, or to or for any other per- son, in order to induce any voter to refrain from voting, or to vote in any particular way, at any election or primary, shall be guilty of a felony. ('95 c. 277 s. i)
84 THE ELECTION LAWS
Sec. 362. Advancing money, etc., unlawfully — Every person who directly or indirectly advances, pays, contributes, furnishes, or pledges any valuable thing or consideration, or causes the same to be done, to or for the use of any other person, with the intent that such advancement, payment, contribution, pledge, or any part thereof, shall be expended or used in bribery at any primary or election, or in fulfilment of any promised bribe, shall be guilty of a felony. ('95 c. 277 s. i)
Sec. 363. Corruptly demanding or receiving payment, etc. — Every person who after any election, directly or indirectly de- mands or receives any money or valuable consideration because of any person's having voted or refrained from voting, or be- cause of having induced any other person to vote or refrain from voting, at any election or primary, shall be guilty of a felony. ('95 c. 277 s. i)
Sec. 364. Coercing, threatening, or improperly influencing voters — Every judge, clerk, officer, or other person, who, with- in or without any polling place, directly or indirectly uses or threatens to use any force, violence, or restraint, or causes or threatens to cause any damage, harm, or loss to any person, with intent to induce, or in any other way attempts to induce or compel, such person, or any other person, to vote or refrain from voting at any election, or to vote in any particular way, or who, within any polling room, or in any booth or room connected therewith, or within twenty-five feet from the en- trance to any such polling place, asks, persuades, or endeavors to persuade any person to vote for or against any particular candidate, party, or proposition, or who, by abduction, duress, or any fraudulent device or contrivance, impedes or prevents the free exercise of the franchise at any election, or who by any such means, compels, induces, or prevails upon any voter either to give or refrain from giving his vote at any election, or who aids, assists, counsels, or advises another to vote in any district, knowing that he is not then and there a qualified voter, shall be guilty of a gross misdemeanor. ('95 c. 277 s. 4)
Sec. 365. Defacing posted lists, or removing ballots from polling room — Every person who tears down, mutilates, de- faces, or otherwise injures any list of names or card of in- struction to voters posted or otherwise placed outside or inside of any polling place or booth by any board of registration or
OF MINNESOTA FOR 1906.
other official, or who, before the closing of the polls, removes from the polling place any ballot printed for use at such elec- tion, or any supplies or conveniences placed in or about any booth for the use of voters in preparing their ballots, shall be guilty of a gross misdemeanor.
Sec. 366. Wilful removal of or damage to poll books, etc. — Kvery person who shall wilfully take or carry away from any polling place, or deface, mutilate, damage, or add to. any poll book, ballot, list, or register, or any name or figure therein, shall be guilty of a felony.
Sec. 367. Wilful injury to voting machines — Kver\ person who wilfully injures or renders ineffectual any voting' machine, or attempts so to do. shall be guilty of a felony. ('99 c. 315 s. 6)
Sec. 368. Failure to deliver certificate of nomination — Every secretary of a delegate convention who fails or neglects to immediately deliver, to the officer charged with the printing of the ballots upon which the name of a candidate of such con- vention is to be placed, the certificate of nomination of such candidate, shall be guilty of a misdemeanor.
Sec. 369. Negligence in printing and care of ballots — Ever) person authorized to print, or employed in printing, official ballots, who knowingly gives or delivers any of such ballots to, or knowingly permits any of the same to be taken by, any per- son other than the official under whose direction they are being- printed, or knowingly prints or causes or permits to be printed any ballot in a form other than that prescribed by law, or with any other names thereon, or with the names spelled or the names of offices arranged theieon in any way other than that anthori/cd and directed by said official, shall be guilty of a felony.
Sec. 370. Defamatory circulars, etc. — Every person wlu > writes, prints, posts, or distributes, or causes to be written, printed, posted, or distributed, any circular, poster, or other written or printed matter, which is designed or tends to injure or defeat any candidate for nomination or election to a public office by reflecting on his personal or political character or tCtS, unless b\ publishing such matter in a newspaper in such man ner that the publisher becomes responsible therefor, or unless there appear upon such written or printed matter, m a con- spicuous place, the names of al least two officers or members
86 THE ELECTION LAWS
of a committee of the political or other organization purporting to issue the same, or the name of some registered voter as re- sponsible therefor, with his postoffice address, shall be guilty of a gross misdemeanor. ('01 c. 88 s. 4)
Sec. 371. Refusing employee election privilege — Every per- son who, as principal or as an official or agent of any other person, shall directly or indirectly refuse, abridge, or in any manner interfere with any of the privileges or immunities of any employee of himself or his principal granted by this chap- ter, shall be guilty of a misdemeanor.
Sec. 372. No person except judges to handle ballots — Every person, except a judge, who during any canvass of votes shall handle, touch, or interfere with any of the ballots being can- vassed, and every judge permitting the same to be done, shall be guilty of a misdemeanor. ('97 c. 242)
Sec. 373. Mismarking ballots — Disclosing how marked — Ev- ery election official or other person who marks the ballot of any voter, except in the cases and in the manner provided by law, or who informs any person other than such voter how any such ballot was marked, shall be guilty of a gross misdemeanor.
Sec. 374. Wilful neglect, failure, or fraud of election officers — Every election officer or other person required by law to safely keep and produce on election day the ballots intrusted to him, or to perform any other act, who wilfully fails or re- fuses to do the thing so required, or who is required by law to abstain from any act, and wilfully does such act, or who in either of such cases is guilty of any fraud, corruption, par- tiality, or misbehavior in conducting or aiding in the conduct of any election, or in canvassing or making returns of votes, or who wrongfully refuses to make or deliver any certificate of election, or who falsely or corruptly performs any required act, the punishment whereof has not been otherwise expressly provided for by law, shall be guilty of a felony.
Sec. 375. Destruction or delay of election returns — Every messenger appointed by authority of law to receive and carry a report, certificate, or certified copy of any statement relating to the result of any election, who shall wilfully mutilate, tear, deface, obliterate, or destroy the same, or do any other act which shall prevent the delivery of it as required by law, and every person who shall take away from such messenger any
OF MINNESOTA FOR 1905. 87
such report, certificate, or copy, with intent to prevent its de- livery, or who shall wilfully do any injury or act herein specified, shall be guilty of a felony.
Sec. 376. Unlawful expenditures before nomination or elec- tion— Every candidate for nomination or election to a public office, who within ten days before any primary held to nom- inate,-or to elect delegates to a convention called to nominate, a candidate for such office, or who within sixty days before the election at which an incumbent is to be chosen for such office, directly or indirectly, gives or provides, or pays, wholly or partly, or promises to pay, wholly or partly, the expense of giving or providing any food, drink, or entertainment to or for any person with intent to corruptly influence such person, or any other person, to give or refrain from giving his vote at such election, or to vote or refrain from voting in a particular way, shall be guilty of a misdemeanor. ('95 c. 277 s. 3)
^Sec. 377. Failure to file statement — Every treasurer or other person who receives any money to be applied to any of the election purposes for which expenditures are permitted by law, who fails to file the statement and account respecting the same required by this chapter within the time prescribed, shall be guilty of a misdemeanor. ('95 c. 277 s. 21)
Sec. 378. Failure of treasurer to keep correct accounts — Every such treasurer or other person who receives any money to be applied to the purposes aforesaid, who fails to keep a cor- rect book of account containing all the statements and details required by law, with intent to conceal the receipt or disburse- ment of any sum of money received or disbursed by him or by any other person, or the purpose for which the same was re- ceived or disbursed, or to conceal the existence of any unpaid debt or obligation, or the amount thereof, or to whom the same is due, in detail, or who shall mutilate, deface, or destroy such book with like intent, shall be guilty of a misdemeanor. ('95 c. 277 s. 22)
Sec. 379. Failure of candidate to file — No commission, etc., to issue — Every candidate for nomination or election to any elective office, or to the office of United States senator, who fails to make and file the verified statement of moneys con- tributed, disbursed, expended, or promised by him, or any other person, committee, or organization for him, so far as he
88 THE ELECTION LAWS
can learn, in the manner, within the time, and with the details required by law, or who enters upon the duties of any such office, or receives any salary or emolument therefrom, before he has so filed such statement, and every officer who issues a commission or certificate of election to any person before such statement shall have been so filed, shall be guilty of a gross misdemeanor. ('95 c. 277 s. 8)
CONGRESSIONAL REAPPORTIONMENT FOR 1901. S<)
Congressional Reapportionment for 1901.
Section i. The State of Minnesota is hereby divided into nine (9 ) congressional districts, each of which is entitled to elect one (i) representative to the Congress of the United
States.
Sec. 2. The counties of Dodge, Fillmore, Freeborn, Hous- ton, Mower, Olmsted, Steele, Wabasha, Waseca and Winona shall constitute the First (ist) congressional district.
Sec. 3. The counties of Blue Earth, Brown, Cottonwoocl, Faribault, Jackson. Martin, Murray, Nobles, Pipestone, Rock and Watonwan shall constitute the Second (2nd) congressional district.
Sec. 4. The counties of Carver, Dakota, Goodhue, Le Sueur, McLeod, Nicollet, Rice, Scott and Sibley shall constitute the Third (3rd) congressional district.
Sec. 5. The counties of Chisago, Ramsey and Washington shall constitute the Fourth (4th) congressional district.
Sec. 6. The county of Hennepin shall constitute the Fifth (5th) congressional district.
Sec. 7. The counties of Benton, Cass, Crow Wing, Douglas, llubbard, Meeker, Morrison, Sherburne, Stearns, Todd, Wa- dena and Wright shall constitute the Sixth (6th) congressional district.
Sec. 8. The counties of Big Stone, Chippewa, Grant, Kan- diyohi, Lac qui Parle, Lincoln, Lyon, Pope, Redwood, Ren- ville, Stevens, Swift, Traverse and Yellow Medicine shall con- stitute the Seventh (7th) congressional district.
Sec. 9. The counties of Aitkin, Anoka, Carlton, Cook, Isanti, Itasca, Kanabec (Koochiching), Lake, Mille Lacs, Pine and St. Louis shall constitute the Eighth (8th) congressional district.
90 CONGRESSIONAL REAPPORTIONMENT FOR 1901.
Sec. 10. The counties of Becker, Beltrami, Clay, Kittson (Mahnomen), Marshall, Norman, Otter Tail, Polk, Red Lake, Roseau and Wilkin shall constitute the Ninth (Qth ) congres- sional district, County of Clearwater being set off from Bel- trami County.
Sec. n. This act shall take effect and be in force from and after its passage.
Approved March 27, 1901.
LEGISLATIVE REAPPORTIONMENT FOR 1897. 91
Legislative Reapportionment for 1897.
(SENATORIAL DISTRICTS.)
(Chapter 120, General Laws 1897.)
First District — Houston county — One senator and one rep- resentative.
Second District — Winona county — One senator and three representatives.
Third District — Wabasha county — One senator and one rep- resentative.
Fourth District — Olmsted county — One senator and two rep- resentatives.
Fifth District — Fillmore county — One senator and two rep- resentatives.
Sixth District — Mower county — One senator and two rep- resentatives.
Seventh District — Dodge county — One senator and one rep- resentative.
Eighth District — Steele county — One senator and one rep- resentative.
Ninth District — Freeborn county — One senator and two rep- resentatives.
Tenth District — Waseca county — One senator and one rep- resentative.
Eleventh District — Blue Earth county — One senator and three representatives.
Twelfth District — Faribault county — One senator and one representative.
Thirteenth District — Martin and Watonwan counties — One senator and two representatives.
92 LEGISLATIVE REAPPORTIONMENT FOR 1897.
Fourteenth District — -Jackson and Cottonwood counties — One senator and two representatives.
Fifteenth District — Nobles and Murray counties — One sen- ator and one representative.
Sixteenth District — Rock and Pipestone counties — One sen- ator and one representative.
^Seventeenth District — Lincoln, Lyon and Yellow Medicine counties — One senator and three representatives.
Eighteenth District — Lac qui Parle and Chippewa counties
—One senator and two representatives.
\
Nineteenth District — Redwood and Brown counties — One senator and two representatives.
Twentieth District — Nicollet county — One senator and one representative.
Twenty-first District — Sibley county — One senator and one representative.
Twenty-second District — Renville county — One senator and two representatives.
Twenty-third District — Meeker county — One senator and one representative.
Twenty-fourth District — McLeod county — One senator and one representative.
Twenty-fifth District — Carver county — One senator and one representative.
Twenty-sixth District — Scott county — One senator and one representative.
Twenty-seventh District — LeSueur county — One senator and two representatives.
Twenty-eighth District — Rice county — One senator and two representatives.
Twenty-ninth District — Goodhue county — One senator and three representatives.
Thirtieth District — Dakota county — One senator and two representatives.
Thirty-first District — Washington county — One senator and two representatives.
Thirty-second District — Chisago, Pine and Kanabec coun- ties— One senator and two representatives.
LEGISLATIVE REAPPORTIONMENT FOR 1897. 93
Thirty-third District — First and Second Wards, St. Paul- One senator and two representatives.
Thirty-fourth District — Third, Ninth and part of Eighth Wards, St. Paul — One senator and three representatives.
Thirty-fifth District— Fifth and Sixth Wards, St. Paul- One senator and t\vo representatives.
Thirty-sixth District — Fourth, Seventh and part of Eighth Wards, St. Paul — One senator and two representatives.
Thirty-seventh District — Part of Eighth Ward, Tenth and Eleventh Wards, St. Paul and Ramsey county — One senator and two representatives.
Thirty-eighth District — First Ward and part of Third Ward, Minneapolis — One senator and two representatives.
Thirty-ninth District — Second and Ninth Wards, Minneapo- lis and Town of St. Anthony — One senator and two repre- sentatives.
Fortieth District — Fourth Ward, Minneapolis — One senator and two representatives.
Forty-first District — Fifth and Sixth Wards, Minneapolis- One senator and four representatives.
Forty-second District — Seventh, Eleventh and Twelfth Wards, Minneapolis and Village of Edina and Towns of Rich- field, Bloomington, Eden Prairie and Village and Town of Ex- celsior, Hennepin county — One senator and two representa- tives.
Forty-third District — Eighth and Thirteenth Wards, Minne- apolis, and Towns of Corcoran, Greenwood, Medina, Indepen- dence, Minnetonka. Plymouth, Minnetriesta, Maple Grove, Orono and Villages Golden Valley, St. Louis Park, West Min- neapolis, Minnetonka Beach and Wayzata, Hennepin county- One senator and two representatives.
Forty-fourth District— Part of Third Ward, and Tenth Ward, Minneapolis, and Villages of Crystal, Robbinsdale, Osseo. and Towns of Crystal Lake, Brooklyn, Champlin, Dayton and Has- san, Hennepin county — One^ senator and two representatives.
Forty-fifth District — Isanti, Anoka, Mille Lacs and Sher- burne counties, excepting Seventh Ward, St. Cloud— One sen- ator and three representatives.
94 LEGISLATIVE REAPPORTIONMENT FOR 1897.
Forty-sixth District — Wright county — One senator and two representatives.
Forty-seventh District — Benton county, Seventh Ward, St. Cloud, in Sherburne county, City of St. Cloud, and Towns of St. Cloud and Le Sauk, in Stearns county — One senator and one representative.
Forty-eighth District — Morrison and Crow Wing counties — One senator and two representatives.
Forty-ninth District — Seventh and Eighth Wards, City of Duluth, County of St. Louis, and all that part of township forty- nine north, of range fifteen west, not embraced in said city; all of township fifty north, of range fifteen west, and all that part of the County of St. Louis lying to the westward of the range line or the same extended between ranges fifteen and sixteen west, in said county — One senator and two repre- sentatives.
Fiftieth District—Third, Fifth and Sixth Wards of the City of Duluth, County of St. Louis, and all that part of said county outside the City of Duluth and lying between the range line between ranges thirteen and fourteen, and the range line be- tween ranges fifteen and sixteen, in said county — One senator and two representatives.
Fifty-first District — Counties of Lake and Cook, the First, Second and Fourth Wards of the City of Duluth, in the County of St. Louis, and all that part of said county not within said city and lying to the eastward of the range line between ranges thirteen and fourteen, or the same extended in said county- One senator and two representatives.
Fifty-second District — Carlton, Aitkin, Itasca (Koochiching), and Cass counties — One senator and two representatives.
Fifty-third District — Hubbard, Wadena and Todd counties — One senator and two representatives.
Fifty-fourth District — Stearns county, except the City of St. Cloud and Towns of St. Cloud and Le Sauk — One senator and two representatives.
Fifty-fifth District — Kandiyohi county — One senator and one representative.
LEGISLATIVE REAPPORTIONMENT FOR 1897. '•>">
Fifty-sixth District — Swift and Big Stone counties — One sen- ator and one representative.
Fifty-seventh District — Traverse, Grant and Stevens coun- ties— One senator and two representatives.
Fifty-eighth District — Pope and Douglas counties — One sen- ator and two representatives.
Fifty-ninth District — Otter Tail county — One senator and four representatives.
Sixtieth District — Wilkin, Clay and Becker counties — One senator and three representatives.
Sixty-first District — Norman, Beltrami, Clearwater (Mah- nomen), and Red Lake counties — One senator and two repre- sentatives.
Sixty-second District — Polk county — One senator and two representatives.
Srxty-third District — Marshall, Roseau and Kittson coun- ties— One senator and two representatives.
*Chap. 490, G. L. 1909, increases the House membership to 120.
GENERAL ELECTION LAW INDEX,
General Election Law Index
Qualifications of Voters pages 3 and 4.
SECTION
Chapter relating to. . J53-379
General elections, when held 153
Officers chosen at 153
Definition of terms 154
"Polls," meaning of word 154
"Voter," meaning of word T 54
Blank forms for, secretary of state to furnish 159
Copies of law, how provided and distributed 159
Legislative districts, change of boundaries, elections to fill vacancies 161
Duties of officers in relation to sale and use of intoxicating liquors on
election day 163
Candidates not to be named on official ballots as candidates of more than
one party 176
Only those candidates properly nominated to have names on ballots 179
Political party defined 182 ^
Place of 224
Notice, posting 225
In towns and villages 226
Towns may vote in villages when 226
Expenses of, how paid 342
Primary Elections.
Purpose and time of holding, notice 181
Candidates, how chosen 182
Affidavits, filing 184-185
Election districts 183
Names of candidates when placed on primary ballot 184
Names of nominees to be carried to county auditors 186
Voting to be 'by ballot 186
Ballots, form and contents, sample ballot. . . .' 186
Preparation rotation of names 187
Indorsement, spoiling or defacing 192
Partial invalidity 193
Not to be rejected for technical errors 193
Designation of choice by voters 193
Folding and depositing IQ4
Election officers to act at .. 188
GENERAL ELECTION LAW INDEX. 97
SECTION
Registers 190
Laws applicable 194
Provisions relating to general elections applicable 190, 194
Ballot boxes, polling places 190
Gatekeepers, peace officers, challengers 190
Hours for voting 191
Polls, time of opening and closing, adjournments 191
Qualification of voters 192
Instruction to voters, manner of voting 192
Challenges, provisions applicable 194
Canvass of votes, preliminaries to 195
Wilful neglect, failure, or fraud 374
Procedure 196
Returns, sealing and return to auditor 196
Tally sheets 197
County canvassing board, organization, powers, duties 198, 199
State canvassing board, duties 200
Persons certified as nominated by canvassing boards to be nominees of
political parties 201
Fees \o be paid by nominees 201
Review by courts 202
Contests for nomination 203
Nominations by Convention.
General provisions '. 204-212
Failure to deliver certificate of nomination, penalty 368
Nominations by Voters.
General provisions 213-220
Election Districts.
"District," meaning of word 154
How constituted and altered, number of voters 156
Alteration, map of, inspection 157
Map of, copies for judges of election 157
Map of, posting, filing 157
Time for altering 183
Division of towns, notice 225
Election Officers.
To act at primary eletcions 188
Special judges and clerks, appointment, duty 309
Qualification, pay 310
Compensation for election services 341
How paid 342
Messengers, compensation and mileage 341
98 GENERAL ELECTION LAW INDEX.
SECTION
Destruction or delay of return 375
V/here voting machines are used 347
Wilful neglect, failure, or fraud 374
JUDGES.
Meaning of, word _.\ 154
Copies of maps of districts for 157
Copies of law for 159
Election ballots delivered to 167
Signing statement preliminary to canvass of primary election 195
Canvass of votes for primary election 196
Members of town boards 227
In cities and villages, appointment 228
Qualifications 229
Selection from certified party lists 230
To appoint election clerks 229
Duties as to display of flags at polling places 231
Compensation, forfeiture for failure to display flag at polling places 231
Vacancies 232
How filled 227
Oath ' 233
Administering oath to person appearing for registration 238
In cities of first, second and third classes to constitute board of registra- tion 241
In cities, signing registers 246
May change polling places, when 254
Appointment of special peace officers 257
To procure registers, ballots, ballot boxes, etc 258
Failure to obtain ballots, proceedings 259
To appoint gatekeepers 264
Initials on ballots 266
Regulations as to voting 269
One to have charge of ballots and two of registers 271
Duties on challenge to voter 272
Agreement on standard of time for opening and closing polls 286
Proclamation of time for closing polls 286
Signing of poll lists 287
Signing of registers 287
Canvass of votes 288
Preliminary returns, signing 289
Drawing excessive ballots 290
Certificate as to votes not counted 292
Permitting entries to be made on tally sheets by others than clerks, pen- alty 301
Announcing result of canvass 303
Statement of votes cast 307
Assisting in canvassing vote 308
Special judges, qualifications, compensation, etc. 310
GENERAL ELECTION LAW INDEX. »9
SECTION
Sealing ballot boxes after canvass 311
Official returns, sealing and delivering 315
Delivery of election returns "..... 316
Where voting machines are used 347
At election for change of county boundaries 385
CLERKS.
Meaning of word 154
Calling for ballots 168
Number of ballots to be provided 169
Attestation of statement preliminary to canvass of primary elections 195
Canvass of votes for primary election 196
Appointment, qualifications 229
Vacancies 232
Oath 233
Disability while on duty, appointment of substitute 265
To keep poll lists, form 285
Attestation of poll lists and registers 287
Account of ballots 293
Entries on tally sheets • 300, 301
BOARD OF REGISTRATION.
Election judges to constitute 233
Duplicate lists of persons entitled to vote 236
Comparison of registers 239
In cities of first, second and third classes 241
Comparing, signing, etc., registers at close of first registration day 246
BOARD OF ELECTION.
Election judges to constitute 233
Challenges referred to 305
BALLOT JUDGES.
Appointment, vacancies 304
Duties 305, 3io
Number slips and receipts for ballots 306
Certificate as to vote cast 3°7
To assist in canvass of vote 308
Qualifications and compensation 3IO> 341
BALLOT CLERKS.
Appointment, vacancies 304
Duties 305, 310
Attestation of certificate as to vote cast 307
To assist in canvassing vote 308
Qualifications and compensation 310, 341
100 GENERAL ELECTION LAW INDEX.
Registration, Registers, and Poll Lists.
SECTION
Primaries to be held on first day of registration 181
On day of primary, at primary elections 189
Residence of voters, how determined. . 235
Oath in towns, villages and cities of the fourth class 238
In cities of first, second and third classes 241
Questions to persons appearing for 242
Must be in person. . .' 244
Of absent voters by affidavit 244
Removal of voter from district 245
Registration days in cities of first, second and third classes, second day,
hours, etc 247
Last day 249
Persons not allowed to vote unless registered, exception 251
REGISTERS.
Blank forms for 159
At primaries 189
Heading, contents, and arranging 234
In cities of the fourth class, how made, posting and correcting 236, 237
Comparison and certification at end of each day's registration 239
In towns and villages, how made, posting and correcting 236
Comparison and certification at end of each day's registration 239
In cities of the second and third classes, how prepared 242
Headings, names entered on 242
Comparison at close of first registration day, signing, certifying, etc 246
Comparison as close of second registration day, signing, certifying, etc. ... 248
Comparison at close of last registration day, signing, certifying, etc 250
In cities of the first class, form and contents 243
Comparison at close of first registration day, signing, certifying, etc 246
Comparison at close of second registration day, signing, certifying, etc 248
Comparison at close of last registration day, signing, certifying, etc 250
Judges to procure before election 258
Judges to have charge of, at polling places 271
Statement attached to 287
Statement attached as to vote cast 307
To be open to inspection 3J3
Wilfully removing or damaging 366
How disposed of after canvass 3T3
POLL LISTS.
Blank forms for 159
In cities of the fourth class 236
Correction 237
Striking names from lists • 240
In towns and villages : 236
GENERAL ELECTION LAW'ltfDSX. 101
SECTION
Striking names from lists 240
Clerks to keep, form 285
Statement attached to, form 287
To be open to inspection 313
How disposed of after canvass 313
Defacing , 365
Wilfully removing or damaging 366
Notice.
Of officers to be elected, to whom sent 158
Of primary elections 181
Of election of delegates for nominating convention 204
When and by whom given, posting 223
Of place for holding, posting 225
Of change of voting place from town to village 226
Conduct of Elections.
V
Special elections 160
Temporary recess after opening of polls 252
Order at polls 257
Peace officers, to keep order at polling places 257
Not to remain in voting room 257
Appointment as gatekeepers 264
Compensation • . 341
Persons not allowed in voting room 268
Numbers of voters admitted 269
Crowds prohibited 270
Duties of judges as to ballots and registers 271
Polls, notice of closing 286
Polling Places.
Designation 224
Division of towns, notice 225
, Towns may vote in villages, when 226
National flag to be displayed over . . . ! 231
Hours for opening and closing 252
Location •-."... 253
Judges may change, when 254
Notice of change 255
Arrangements at 256
What to consist of 256
Booths, arrangement 256
Special peace officer 257
Persons not allowed within of near booths 257
102 GENERAL ELECTION LAW INDEX.
SECTION
Proceedings preliminary to opening 2,62
Gatekeepers 264
Printed instructions to voters to be posted in 162
Election of delegates for nominating convention to be held at 204
Injuries to 365
Ballot Boxes.
To be in public view 267
Separate for votes on constitutional and other questions 166
At primaries 190
Separate for women • 256
Number and kind to be provided 256
Judges to procure 258
Opening and locking before opening of polls 262
Order of opening 289
For women, order of opening 289
Locking and sealing after canvass 311
Delivery after canvass, additional seals 312
Voting Machines.
Authorized 344-347
Wilful injury to 367
Ballots.
Sample ballots, secretary of state to furnish to auditors 164
White ballot, for offices to be voted for throughout the state 165
How provided and distributed 165
Receipts for 165
General description 171
Pink ballots, form and contents 166
For constitutional and other questions 166
General description 171
For propositions to be voted for throughout state, how cast, counted, etc. . 166
Red ballots, form and contents 167
How prepared and distributed, receipts for 167
For city elections 167
Blue ballots, contents 168
Furnishing and distributing 168
Number 169
Unifermity, quality, printing 170
White and pink, secretary of state to direct order of precedence 171
Names, etc., how printed, blank spaces « 172
Party precedence, written names 173
GENERAL ELECTION LAW INDEX. 103
SECTION
Nominees by petition, instructions to voters 174
Spaces for designation of choice 175
Presidential election, groups voted for together 175
Candidates to be ns.med as candidates of only one party 176
Use of party name on 176
Blue and red ballots, form of 177
Indorsements on 178, 266, 267
To contain only names of candidates properly nominated 179
Rotation of names when required 180
Pasters, vacancies occurring after printing of ballots 218
Error in printing, remedy 220
Fees for placing names on 222
Judges to procure before election 258
Failure of judge to obtain, proceedings 259
Substitute ballots 260
Proceedings when there are no official or substitute ballots 261
Initials of judges on 266
Distribution 267
Judge to have charge of 271
Sample ballots, taking to booths 274
Soiling or defacing 275
Marking and folding, rules 275
Receiving and depositing 276
Spoiling, proceedings thereafter 277
Spoiled and unused, preservation and return 277, 284
Marking, physical inability : 278
Voter unable to enter voting place 279
Receiving and depositing from voter physically disabled 279
Marked ballots not to be shown 280
How removed from blocks 284
Issuance to voters 305
Indorsement by ballot judges 305
Unused, time for returning 316
Inspection after contest 337
Defective, election, when void 340
Removal from polling room 365
Unlawful removal or injury 366
Negligence in printing and care of 369
Handling by others than judges 372
Disclosing how marked, mismarking 373
Voting.
Printed instructions to voters 162
When registered elector may not vote 240
When unregistered elector may vote 240
Removal from residence within district, entry on register before voting. . . 245
Persons not allowed to vote unless registered 251
104 GENERAL ELECTION LAW INDEX.
SECTION
Instructions to voters to be placed in booths 256
Voter to retire to booth alone to prepare ballot 274
Taking sample ballots to booths 274
Voter unable to read English, or physically unable to mark ballot 278
Person unable to enter voting place • , 279
Voter not to disclose how he has voted 280
Intoxication not to be regarded as physical disability. 281
Persons grossly intoxicated not to be permitted to vote 281
Identification of voter ' 282
Employees, permitted to absent themselves from work for purpose of 283
Challenges.
Challengers allowed in room, substitute challengers 263
Grounds for 272
Oath to person challenged 272, 273
Examination of person challenged 272, 273
Identification of voter 273
Before depositing ballot 276
On receiving ballot of voter physically disabled 279
Reference to election board 305
Canvass.
Of votes at special election , 160
Of votes for propositions to be voted throughout the state 166
To be public , 288
Ballots handled by judges only 288
Order of opening ballot boxes 289
Returns, preliminary 289
Preliminary, special messengers 289
Form of, to be in duplicate 314
Official sealing and delivery 315
Time for making 316
Failure to make, special messenger 317
Informalities 318
Not to refuse to include returns on account of informality 318
Failure to make, penalty 374
Destruction or delay 375
Method of beginning, ballots folded together 290
Excess of ballots 290
Disposition 290-292
Ballots not in proper box 291, 292
Ballots not counted, return ". 292
Method of counting vote, numbering ballots 293
Tally sheets 293
For white ballots, form and contents :....... .294-297
GENERAL ELECTION LAW INDIA' 105
SECTION
For pink ballots 297
For blue and red ballots 298
For blue and red ballots, substitutes 298
For blue and red ballots, number supplied, deficiencies 299
Manner of marking 300
Carrying forward, numbering pages 301
Procedure : 300, 301
Memorandum to be kept 300
Rules for counting marks on ballots 302
Announcing result 303
Defective ballots, how disposed of 303
Ballot clerks to assist 305
Statement of vote cast 307
By whom canvassed and counted 308
Order of canvass, watchers 308
Locking and sealing ballot boxes after 311
Delivery of ballot boxes after, additional seals 312
Poll lists and registers, disposition 313
County canvassing board, how constituted 319
Quorum, duties 319
Statements, certifying to secretary of state 320
When to declare persons elected 321
Correction of errors in legislative districts 325
Legislative vote in counties constituting part of legislative district 323
Statement of vote 323
Canvassing board 324
Correction of errors. 325
State canvassing board, how constituted 326
Vacancies, time of meeting 326
Canvass of votes, declaring result 327
Publication of result 328
Canvass of votes for members of Congress and presidential electors 328
Compensation and mileage 341
Failure to make 374
Certificates of Election.
Auditor to make 322
Not to be issued until affidavit of expenditures filed 350
Failure to make or deliver 374
Issuance before filing of statement of expenditures, penalty 3/9
Contests.
Meaning of words "contestant" and "contestce" * 154
For legislature, notice 332
Notice by contestee 333
Testimony, how taken and certified 334
IOC GENERAL ELECTION LAW INDEX.
SECTION
Hearing in legislature 335
State and municipal elections, trial • 336
Notices 336
Bond 337
Inspection of ballots 337
Appeal, bond 338
Election, when void, defective ballots 340
Vote on county seat removal, changing county lines, etc 339
Presidential Electors.
To be chosen at general election 153
To be grouped and voted for together 175
Party precedence 175
Provisions relating to rotation of names on ballots not applicable to 180
Nomination by voters x 214
Marking ballots for • 275
Canvass of votes for 328
Certificate of election, ties 329
Notice to governor of presence at capitol 329
Vacancies • . 329
Notice of election to fill 330
Compensation 341
Tie Vote.
Special election 160
At primary elections, state canvassing board to determine 200
Nominations by convention 206
For presidential electors, proceedings 328-330
Special Elections.
Calling, conduct, returns 160
In case of tie vote 160
For members of congress 328
Corrupt Practices.
General' provisions 348-358, 374-379
Offenses.
Sale or use of intoxicating liquors on election day 163
Rioting, disorderly conduct 257
Printing or distributing sample ballots on white, pink, blue or red paper. . 274
Permitting entries to be made on tally sheets by others than clerks 301
False personation, registration 359
Procuring disqualified person to vote .36®
GENERAL ELECTION LAW INDEX. 107
SECTION
Offering duplicate ballots 360
Voting with unlawful intent 360
Bribery • 361
Advancing money, etc., to be unlawfully used at or before primary or
election 362
Corruptly demanding or receiving payment, etc 363
Coercing, threatening, or improperly influencing voters 364
Defacing posted lists or removing ballots from polling room 365
Wilful removal of, or damage to, poll-books, etc 366
Wilful injury to voting machine 367
Failure to deliver certificate of nomination 268
Negligence in printing or care of ballots 369
Defamatory circulars 370
Refusing employee privileges granted by law 371
Handling of ballots by others than judges 372
Mismarking ballots and disclosing how marked fc. 373
Wilful neglect, failure or fraud of election officers 374
Destruction or delay of election returns ; 375
Unlawful expenditures before nomination or election 376
Failure of treasurer to file statements 377
Failure of treasurer to keep correct accounts 378
Failure of candidates to file statement 379
Congressional apportionment page 1 1
Legislative apportionment page 92
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